Army major gets pension 24 years after retirement

The judge was passing orders on a writ petition from Major Subramaniyam praying for a direction to this effect. Petitioner, who retired from service on August 15, 1973, was denied pension on the ground that he was only an emergency recruit.

The judge observed that except the denial of the averments made by the petitioner, who joined the Army in 1942, the respondents had not placed any information for the disposal of the writ petition.

The judge pointed out that King George V of the British Empire had awarded the `Most Excellent Order’ of the British Empire on January 7, 1947, in recognition of petitioner’s valour, gallantry and distinguished service in South East Asia.

After India’s Independence, petitioner had been appointed as captain by the President. The documents placed by the petitioner showed that he was appointed in the regular Army and not as emergency commissioned officer. He later became a Major.

The petitioner had served the Army for nearly 30 years, during which time he had won several medals for the gallantry he exhibited in World War II, Pakistan and China Wars.

When he had fulfilled the eligibility for payment of pension, there was no reason why the respondents should refuse the same. It was a wrong assumption that he was appointed only as an emergency officer and hence he was not eligible for pension.