Soldiers Facing Marital Discord Due to Military Service Can Seek Premature Retirement, Rules AFT

A Lieutenant Colonel from the Army Medical Corps had applied for early retirement to care for his aging parents and because his wife, a civilian dentist, could not adjust to the frequent relocation and the lifestyle of the army, which also affected her profession. The officer also faced immense emotional and mental stress due to the ongoing divorce proceedings in a civil court, which hindered his duty. The Tribunal directed the Army to reconsider his application and emphasised the need for a compassionate approach based on humanitarian grounds.

The Tribunal noted that early retirement is not an absolute right but is granted based on various service requirements and organisational circumstances. The Tribunal also found it difficult to accept the officer's contention that his wife could not adapt to the military lifestyle because she knew before marriage that her husband would be posted to different locations throughout his career. The Army argued that accepting premature retirement applications of specialists like the officer in question could lead to a shortage of well-trained officers, particularly in radiology, a field in which the officer held a post-graduation degree and was required to serve a 10-year bond that ended in 2026.

The Tribunal emphasised that accepting premature retirement does not necessarily resolve matrimonial disputes, and indiscriminate acceptance of such applications could have organisaational implications. The bench comprising Justice Rajendra Menon and Lt Gen CP Mohanty delivered the verdict.