Ex L/Nk Shyam Kishor Kumar v. Union of India, OA No. 282/2025, Armed Forces Tribunal, Lucknow Bench, decided 22 May 2026.
Background
Under the Government’s 7 November 2015 OROP policy, personnel who retired prematurely “at own request” have been treated as ineligible for One Rank One Pension. A Lance Naik who took premature retirement (PMR) challenged his exclusion before the AFT Lucknow Bench.
What the Tribunal Held
The Tribunal directed the authorities to extend OROP-I, OROP-II and OROP-III benefits to the applicant. It relied on the Principal Bench’s landmark January 2025 ruling in Commander Gaurav Mehra v. Union of India (OA No. 313/2022), which held that pension eligible PMR personnel “form part of the larger class of pensioners” and constitute a homogeneous class for pension-related benefits. Excluding them from OROP solely because they sought premature retirement risks violating the equality guarantees of Articles 14 and 16 of the Constitution.
What This Means for Armed Forces Personnel
If you took premature retirement with a qualifying pension and have been denied OROP revisions and arrears, the AFT has now repeatedly held that exclusion to be unsustainable. Importantly, no nationwide policy change has been implemented — the Government maintains its position, and relief currently depends on individual litigation. PMR veterans should consider filing their own applications rather than waiting for a policy revision.
This summary is general information about a publicly reported judgment, not legal advice, and does not create an advocate–client relationship. Outcomes depend on the facts of each case.
