No Arbitrary Cut-Off Dates: HC Strikes Down Pension Restrictions for National Emergency Veterans

Punjab and Haryana High Court, in a consolidated verdict covering multiple writ petitions, declared portions of the Punjab Recruitment of Ex-Servicemen Rules, 2012, and 2018, unconstitutional for discriminating against ex-servicemen. Justice Sureshwar Thakur and Justice Sudeepthi Sharma held that these rules violated Articles 14 and 16 of the Constitution by creating an arbitrary subclass among pensioners who served during the Second National Emergency (1971-1977).
The Court struck down the provisions restricting arrears payments and setting onerous conditions for counting military service toward pensions and increments for ex-servicemen who transitioned to civil posts. The retained rules were deemed discriminatory for denying full benefits to certain ex-servicemen based on arbitrary cut-off dates.
The Court observed that the rules governing military service benefits discriminated between similarly situated ex-servicemen. Under the unamended 1982 rules, all ex-servicemen who served during the Second National Emergency were entitled to increments and pension benefits. However, subsequent amendments restricted these benefits to ex-servicemen appointed to government service after December 1, 2011, and only allowed "notional" pay fixation without arrears for eligible individuals.
Justice Thakur noted, “The retained provisions are plainly discriminatory and arbitrary. They create a subclass of pensioners within the same homogenous class, which lacks an intelligible differentia or rational nexus with the object sought to be achieved.”
One particularly contentious clause required ex-servicemen to secure a civil post within one year—or three years in exceptional cases—of their discharge from military service to claim pensionary benefits. The Court deemed this requirement oppressive, especially in instances where no civil posts were advertised during the stipulated period. Justice Thakur remarked, “The rule works as exacting oppression, unjustly prejudicing soldiers who served during the Second National Emergency.”
The Court "read down" the provision, eliminating these restrictions and directing the government to apply the rules more favorably in light of the ex-servicemen's contributions.
The Court relied on the principles enshrined in Articles 14 and 16 to hold that the amendments discriminated against ex-servicemen based on arbitrary cut-off dates. It emphasized that the government cannot retrospectively alter the terms of service to deny equitable treatment to individuals who served the nation during times of emergency.

“The recognition of military valor and service cannot be snatched away arbitrarily,” Justice Thakur stated, criticizing the rule’s impact on those who had already served during the emergency but were deprived of monetary arrears and pensionary increments.
The High Court quashed the offending provisions and directed the government to issue a fresh notification granting ex-servicemen arrears and pensionary benefits in line with the original rules. The respondents were instructed to compute monetary arrears for eligible petitioners within three weeks and release these amounts promptly.
The Court also ordered a speaking decision on each petitioner’s claim to ensure equitable application of its observations.
This judgment is a milestone in safeguarding the rights of ex-servicemen, ensuring their service during critical periods of national emergency is adequately recognized and compensated. It affirms the judiciary's role in upholding constitutional equality and preventing arbitrary rulemaking that disproportionately affects vulnerable groups.
 

Date of Decision: November 19, 2024.