LawRato

Know your legal rights about pensions for military personnels

November 04, 2023
By Advocate Wg Cdr Ajit Kakkar (Retd)


Table of Contents
  1. SERVICE PENSION
  2. FAMILY PENSION
  3. DISABILITY PENSION
  4. BROAD BANDING OF DISABILITY PENSION

SERVICE PENSION

A pension is a regular payment made by the state to a person after he or she is officially retired from service. This is called a service Pension. A commissioned officer is entitled to a service pension after 20 years of service. A Non Commissioned officer is entitled to a service pension on completion of 15 years of service. A non-commissioned officer, when discharged after 14 years of service, can also be granted a service pension. Such armed forces personnel are entitled to claim for condonation of shortfall in qualifying service for grant of pension. An Armed Forces personnel, who is dismissed from service, is normally ineligible for a service pension. However in exceptional circumstances, at the discretion of the President of India, he can be granted a service pension. A person who is removed from service can also be considered for a grant of service pension.

Consult: Top Armed Forces Tribunal Lawyers


LawRato
Consult top-rated Armed Forces Tribunal lawyers in your city
LawRato 641+ Lawyers are online



FAMILY PENSION

A pension when it is given to the widow or family members of the service personnel after his death is called a family pension. Death of such Armed Forces personnel may be during service or while drawing pension on account of his retirement.

There are three kinds of Family pensions:

1. Liberalised Family Pension granted to families of the Armed Forces personnel killed in war or war-like operations, counter-insurgency operations, or in an encounter with or in an incident involving armed hostiles, terrorists, anti-social elements, etc,

2. Special Family Pension may be granted to the family of an Armed Force personnel if his death is due to or hastened by a wound, injury, or disease which is attributable to military service or aggravated by military service which was existed or arose during military service.

3. Ordinary Family Pension is granted to Families of an Armed Force Personnel who die during service for causes neither attributable to nor aggravated by service, or after retirement with pension. Special children, unmarried or divorced daughter(s) are authorized for a lifetime family pension.


DISABILITY PENSION

The pension made on account of the disability of a serviceman is called a disability pension. A disability pension is granted to the personnel incapacitated due to any accident or disease suffered while or due to service. There must be a reasonable nexus and at least remote connection between disability and the duty of the personnel to entitle him to DP.

A soldier cannot be asked to prove that the disease was contracted or aggravated by him on account of military service. It is presumed that he was disease-free at the time of his entry into the Armed Forces, having been found fit due to physical and medical examinations. That presumption continues till it is proved by the employer that the disease was neither attributable to nor aggravated by military service. He is entitled to DP in addition to his service pension.

Consult: Top Armed Forces Tribunal Lawyers


BROAD BANDING OF DISABILITY PENSION

As per the GOI letter dated 31.01.2001 the Armed Force Personnels are granted the benefit of a broad banding scheme of disability pension.

As per the letter, personnels are entitled to round off his disability to 50 % if his disability is granted from 1 to 49 %. If the disability is granted from 50 to 75% he is entitled to round off to 75 %. If the disability is 76 to 100% then round off to 100%.

This scheme applies to all armed personnel if they are granted disability on account of invalidation/discharge/superannuation or release from service even if they are discharged or released on account of their request before completion of terms and engagement of pmr from service.

An invalid Pension is given to a person if he is invalided out of service and is unable to discharge his duties on account of a disability, and his condition is unlikely to improve.

To have a better view of the topic, have a look at the videos below. To contact Advocate Wg.Cdr.Ajit Kakkar for further clarifications regarding the same, click here.




Fill the form to get contact details of Advocate Wg Cdr Ajit Kakkar (Retd)

(Lawyer contact number will be sent to this number)

These guides are not legal advice, nor a substitute for a lawyer
These articles are provided freely as general guides. While we do our best to make sure these guides are helpful, we do not give any guarantee that they are accurate or appropriate to your situation, or take any responsibility for any loss their use might cause you. Do not rely on information provided here without seeking experienced legal advice first. If in doubt, please always consult a lawyer.

Connect with top Armed Forces Tribunal lawyers for your specific issue

Comments by Users


Jeet
are forign national spouses eligible for ordianary family pension?

Reply by LawRato
Yes, a foreign national spouse can be eligible for ordinary family pension in India provided the marriage is legally valid and recognized, and the spouse is recorded in official/service records. Citizenship is not the determining factor—legal status as a “widow/widower” under pension rules is key.

Arvind yadav
Sir i need your help for my mother family pension sir can I contact with you

Reply by LawRato
It is advised that you click on the link and send in your query for Free Legal Advice - Free Legal Advice by Expert Lawyers

You can also directly consult with a Civil lawyer by clicking on the link - Expert Civil Lawyers in India

Neelam tamang
Sir I need your help for my dad family pension sir can I contact with you

Reply by LawRato
You can click on the link below and send in your detailed query for Free Legal Advice. 

Free Legal Advice by Expert Lawyers

Popular Armed Forces Tribunal Lawyers


Advocate Wg Cdr Ajit Kakkar (Retd)
Dwarka, Delhi
26 years Experience
Advocate Bhawana Pandey
Jangpura Extension, Delhi
9 years Experience
Advocate Vikash Shangari
City Civil Court, Jamshedpur
19 years Experience
Advocate Kanwarjit Singh Pruthi
District Court, Patiala
43 years Experience

User Reviews


LawRato LawRato LawRato LawRato LawRato 4.6 - 18 reviews
P
LawRatoLawRatoLawRatoLawRato

Very helpful for my legal case.

Prasad on Oct 16, 2026
R
LawRatoLawRatoLawRatoLawRato

nicely written. Great work

Reena on Sep 16, 2026
D
LawRatoLawRatoLawRatoLawRatoLawRato

Very helpful in understanding the law.

Deep on Oct 05, 2026
D
LawRatoLawRatoLawRatoLawRatoLawRato

needed legal help…whom shall I contact?

Deepika on Oct 09, 2026
V
LawRatoLawRatoLawRatoLawRatoLawRato

nice legal article.

Vipin on Oct 05, 2026
G
LawRatoLawRatoLawRatoLawRatoLawRato

thanks for the information

Gaurav on Sep 21, 2026
V
LawRatoLawRatoLawRatoLawRatoLawRato

nice artcile

Vipul on Sep 15, 2026
A
LawRatoLawRatoLawRatoLawRato

very detailed and informative

Ajeet on Oct 10, 2026
M
LawRatoLawRatoLawRatoLawRatoLawRato

thanks for the information

Mukesh on Oct 09, 2026
R
LawRatoLawRatoLawRatoLawRatoLawRato

thanks for the legal advice

Ritika on Oct 09, 2026
K
LawRatoLawRatoLawRatoLawRato

good legal subject

Kiran on Sep 12, 2026
S
LawRatoLawRatoLawRatoLawRatoLawRato

its very helpful on the subject

Swathi on Sep 09, 2026
S
LawRatoLawRatoLawRatoLawRato

very well written

Swathi on Sep 15, 2026
K
LawRatoLawRatoLawRatoLawRato

how to contact a lawyer from your website

Kiran on Sep 15, 2026
H
LawRatoLawRatoLawRatoLawRatoLawRato

nicely explained. Thanks fro the information

Harsha on Oct 04, 2026
S
LawRatoLawRatoLawRatoLawRato

how to contact a lawyer for my legal case?

Sudhakar on Sep 22, 2026
R
LawRatoLawRatoLawRatoLawRato

thanks for the info. How can we contact a lawyer?

Rajeev on Sep 06, 2026
K
LawRatoLawRatoLawRatoLawRato

Tells all the legalities about the subject. Good work.

Kailash on Sep 17, 2026

VIEW ALL