"It is only just and proper that the government should consider the whole issue afresh considering the fact that the veterans of World War II are a vanishing class and most of them are aged over 80," the bench held.
The bench, comprising Justice K Padmanabhan Nair and Lt General Thomas Mathew, in a recent order, ruled that even if they were not entitled to pension, "the Union of India should consider some financial assistance so as to enable them to lead a respectable life."
The order was issued on a petition by Kerala Ex-Servicemen Welfare Association and a 90 year-old WW-II veteran A P Peters.
The petitioners had approached the Centre for granting pension on the basis of a Kerala High Court directive in 2009.
However, they were denied pension under the Army Act as they had not completed 15 years of service when they were 'demobbed' from service.
Association President Col (Retd) K B R Pillai, running a 'Sainik Ashram' here to provide free food and lodging to disabled and aged ex-servicemen, including second world war veterans, told PTI they were happy with the tribunal order.
Peters had served as 'Fitter' in the Royal Electrical and Mechanical Engineers, Jabalpur from 1942-47 and later served as mechanic in the Electrical and Mechanical Engineers, Secunderabad from 1948-1956.
During the period, Peters had actively participated in miltiary actions in Jammu and Kashmir and Assam. He submitted that he had no relatives to look after him and had no source of income.
It was submitted that ex-servicemen, like Peters, who had served the Army before and after India's independence, were not brought under any pension regulations.
The petitioners said they were similarly placed as Indian National Army (INA) personnel and had been discharged or dismissed after the second world war.
While INA personnel were paid pension, those who served served the nation and government in authority 'loyally' had been 'discriminated against.'
It was contended that after the second world war about 15 lakh personnel were terminated without pension, of which about 1,500 were from Kerala.
The petitioners pointed out that the three Armed Forces have passed orders extending medical facilities to the Second World war veterans. The Jammu and Kashmir Government had sanctioned payment of monthly assistance to 753 second world war veterans and their widows.
They also said the Union and state governments are making payments to ex-INA personnel, MPs, MLAs, corporation Councillors and Members local bodies without prescribing any minimum service.