In a significant relief for former non-commissioned defence personnel, the Telangana High Court has directed authorities to reconsider the pro-rata pension claim of former Indian Air Force Corporal Merupula Ramachandram, rejecting restrictive interpretations that excluded non-commissioned officers from pension benefits.
Justice T Madhavi Devi, while hearing the petition filed by Ramachandram, observed that technical distinctions based on rank or type of public sector undertaking could not be used to deny benefits earned through years of military service.
The petitioner had served in the Indian Air Force for over 11 years after joining as a radio technician in 1989 and rising to the rank of Corporal. He also reportedly served during the Kargil War. In 2000, after obtaining proper permission and a no-objection certificate from the Air Force, he left service to join Andhra Pradesh Power Generation Corporation (APGENCO), later continuing under Telangana State Power Generation Corporation (TSGENCO).
Despite following due procedure, his applications for pro-rata pension submitted in 2019 and 2020 were rejected by authorities on the grounds that the relevant 1987 government circular applied only to commissioned officers and personnel joining Central Public Sector Undertakings.
The High Court rejected this interpretation, citing earlier judicial precedents including the Delhi High Court judgment in the Govind Kumar Srivastava case, which had held such distinctions discriminatory. The Supreme Court had also upheld that ruling.
Setting aside the rejection order issued in December 2019, the court directed authorities to reconsider Ramachandram’s pension claim fairly and in accordance with the law.
The court emphasised that since the petitioner had left military service through proper channels to join a public sector enterprise, authorities were obligated to consider his entitlement to pro-rata pension irrespective of rank or whether the PSU was state-run or central.
The ruling is expected to have wider implications for similarly placed former non-commissioned officers seeking pension benefits after joining public sector organisations following military service.
