Missing for 46 Years, Soldier Declared Dead; AFT Orders Family Pension to Wife from 1993 in Landmark Ruling

The Armed Forces Tribunal has delivered a historic judgment in a 46-year-old missing soldier case, declaring him dead and directing authorities to grant his wife family pension and arrears from 1993, offering long-awaited relief to the family.

May 4, 2026 | New Delhi: In a significant and long-awaited ruling, the Armed Forces Tribunal (AFT) has ordered that a soldier missing for nearly 46 years be officially declared dead, paving the way for his wife to receive family pension and other pending benefits dating back to 1993.

The case involves Om Prakash Pardeshi from Himachal Pradesh, who had joined the Corps of Military Police in September 1969. He went missing in November 1980 under unexplained circumstances. However, instead of ensuring an intensive search operation, the Army later declared him a “deserter” and dismissed him from service in December 1983, three years after his disappearance.

Due to this decision, his family was denied pensionary benefits and other entitlements for decades. The tribunal sharply criticised the negligence of both the military authorities and the civil administration, noting that no serious or concrete efforts were made to trace the missing soldier. The AFT observed that there was no evidence to prove that Pardeshi was alive, nor any proof that he had voluntarily abandoned duty.

The Chandigarh Bench of the AFT, comprising Justice Umesh Chandra Sharma and Lieutenant General Ranbir Singh, held that the declaration of Pardeshi as a deserter was unjustified and legally unsustainable. The tribunal cancelled the Army’s orders issued in 1980 and 1983, along with a related communication issued in 2020.

Citing Section 108 of the Indian Evidence Act, the tribunal stated that if a person remains missing for seven years, the law allows a presumption of death. Based on this provision, Pardeshi has been declared dead with effect from November 3, 1987. The tribunal also directed that his wife, who had first applied for family pension on March 3, 1993, must be granted pension benefits, arrears, and all other service-related dues from that date. The ruling is being seen as a landmark decision, bringing major relief to a family that fought for justice for decades.

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