I Was Invalided Out Early and Only Received a Gratuity. Am I Entitled to Invalid Pension?
By Adv. Ramniwas Bansal, Advocate · 15+ years experience
Key Takeaway
Possibly, yes. In September 2025 the Armed Forces Tribunal held that an airman invalided out before completing his initial engagement was entitled to invalid pension, and that a cut-off date limiting the benefit to those in service on or after 4 January 2019 cannot be used to deny it.
Why These Claims Are Rejected
A Ministry of Defence letter of 16 July 2020 relaxed the service conditions for invalid pension, but stated that it would apply only to personnel who were in service on or after 4 January 2019. Personnel invalided out earlier, or those with very short service, were often paid only an invaliding gratuity.
How the Tribunal Decided
In September 2025, the Armed Forces Tribunal, Principal Bench, New Delhi, heard the case of an Air Force airman invalided out after about one year of service, before completing his initial term of engagement, who had received only a gratuity. The Tribunal relied on a January 2025 judgment of the Punjab and Haryana High Court holding the 4 January 2019 cut-off date arbitrary, because it creates two classes within a single homogeneous group of invalided personnel, and on its own earlier decision in Lt A.K. Thapa v. Union of India, which the Delhi High Court declined to interfere with in November 2024. It directed the authorities to issue the pension payment order within three months, with arrears for three years before the case was filed, after adjusting the gratuity already paid.
What This Means for You
If you were invalided out on medical grounds and received only a gratuity, it is worth checking whether you are entitled to invalid pension. The Union of India has appealed the Thapa decision to the Supreme Court, but no stay had been granted at the time of this order, and the Tribunal continues to follow it.
Adv. Ramniwas Bansal is a advocate with 15+ years experience practising before the Armed Forces Tribunal, Principal Bench, New Delhi and Delhi High Court. For a consultation on your case, call +91 9810430799 or request a consultation.