Can I Get a Pension If I Was Discharged Before Completing 15 Years of Service?
By Adv. Ramniwas Bansal, Advocate · 15+ years experience
Key Takeaway
Possibly, yes. An Air Force airman who served beyond his initial engagement, and could not be transferred to the Reserve because the Reserve had been disbanded, can be entitled to Special Pension under Regulation 144 of the Pension Regulations for the Air Force, 1961 (Part I), even without the 15 years normally needed for service pension. The Armed Forces Tribunal granted Special Pension on this basis in July 2026 to a veteran of the 1965 and 1971 wars discharged in 1973.
The Problem Many Veterans Face
Service pension usually requires 15 years of qualifying service. Many airmen who enrolled in the 1960s were engaged for a fixed regular period followed by Reserve service. When the Air Force Reserve was disbanded in October 1972, some of these airmen were kept on for a while and then discharged "on fulfilling the conditions of enrolment" with around 10 years of service. Their claims for Reservist or service pension were rejected because they were short of 15 years.
How the Tribunal Decided
In July 2026, the Armed Forces Tribunal, Principal Bench, New Delhi, considered the case of a veteran of the 1965 and 1971 wars. He had enrolled in 1963, was retained beyond his regular engagement during the 1971 war, and was discharged in November 1973 after about 10 years of service without ever being transferred to the Reserve. The Tribunal noted that he was in service on the date the Reserve was disbanded and could not be drafted into it, that his discharge followed a Government decision to reduce the strength of the establishment, and that the Tribunal had taken the same view in earlier cases of similarly placed airmen. It held that he was entitled to Special Pension under Regulation 144.
What This Means for Your Pension
If you, or a family member, were discharged from the Air Force in the early 1970s with more than the initial engagement period but less than 15 years of service, you may have a claim even today. Following the Supreme Court's decision in Union of India v. Tarsem Singh (2008), arrears are usually limited to three years before the case is filed, so filing sooner means recovering more.
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.