Hello Sir, my father served in the army for 6 years and then left the job, can he get pension?
Lawyer Answers
Ishan Ganguly
The first step is to ensure he has his Ex-Servicemen Identity Card. Even without a pension, if he was "released" (not dismissed) after completing his specific engagement period, he is entitled to ESM status.
Why this matters: This allows him to access Canteen (CSD) facilities (usually limited) and, more importantly, Reserved Quotas for government jobs.
Action: Contact the Zila Sainik Board (ZSB) in your district to register him if not already done.
2. Legal Pathway: The "Disability Pension" Claim
This is the most common way soldiers with short service (less than 15 years) get a monthly pension.
The Condition: Was your father suffering from any illness (Hypertension, Back Injury, Cardiac issues, etc.) at the time of discharge?
The Law: Under Rule 173 of Pension Regulations for the Army, if a disability is "Attributable to or Aggravated by" service, the 15-year rule is waived.
Current Trend: The Armed Forces Tribunal (AFT) has ruled in many cases (e.g., Dharamvir Singh vs. Union of India) that any disease contracted during service is presumed to be service-related unless the Army can prove otherwise.
Action: Check the Medical Category in his Discharge Book (e.g., SHAPE-1 is fit, anything else like BEE or CEE is a medical downgrade). If he was downgraded, you can file a case in the AFT for a Disability Pension.
3. Financial Recovery: Check for Unpaid Gratuity
If your father left after 6 years, he was legally entitled to a Service Gratuity and Retirement Gratuity. Sometimes, these amounts are left unclaimed or under-calculated.
The Rule: Regulation 51 states he must receive a lump sum.
Action: Write to the PCDA (Pensions), Allahabad, or his respective Record Office asking for a "Statement of Accounts" for his discharge. If it wasn't paid, he can claim it now with interest.
4. Employment: Vertical & Horizontal Reservation
Under Central Government Staff Rules (Group C & D Recruitment), there is a 10% to 20% reservation for Ex-Servicemen.
The Benefit: Since he served 6 years, he can apply for Civil Service jobs (Post Office, Banks, Railways, State Police) using the ESM quota.
Age Relaxation: He can deduct his 6 years of Army service from his current age, plus an additional 3 years, to meet the age criteria for most government exams.
5. Compassionate Grant / AGIF
If your father is in financial distress, the Army Group Insurance Fund (AGIF) or the Kendriya Sainik Board (KSB) provides one-time financial grants for non-pensioners.
Action: Apply for the "Financial Assistance for Non-Pensioners" via the KSB website.
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