Supreme Court dismisses curative petition by former Short Service Commission Officers seeking pro-rata pension

NEW DELHI — The Supreme Court of India dismissed a curative petition filed by former Short Service Commission Officers seeking pro-rata pension benefits.

The curative petition was heard by a five-judge bench headed by Chief Justice of India Surya Kant and was dismissed on October 28, 2026. The Supreme Court observed that the petition did not meet the required parameters and regulations for entertaining a curative petition.

A curative petition serves as the final legal remedy available before the Supreme Court after a review petition is dismissed, and it may be filed in exceptional cases to prevent a miscarriage of justice under principles established by the 2002 ‘Rupa Ashok Hurra’ judgment. Short Service Commission Officers generally serve an initial tenure of 10 years, which is extendable up to 14 years, and those officers who are not granted a permanent commission are released without a pension.

The plea before the apex court was filed by Major R Vardaraja Bharath in May 2026, seeking reconsideration of the Supreme Court’s April 2026 order that had rejected his review petition against an Armed Forces Tribunal judgment.

According to court filings, the petitioner—an officer of the Army Dental Corps who served for a decade and one month—argued that eligible short-service officers should receive a pro-rata pension under Rule 30 of the Pension Regulations, 1961. The petitioners’ counsel further contended that Paragraph 17 of Army Instruction 11/S of 1964, which stated that pensionary terms were under consideration, cannot override statutory pension regulations.

The legal challenge originated after the Armed Forces Tribunal rejected the original application in August 2025, stating at the time that it lacked jurisdiction to direct the government to frame a pension policy.