In one of the matter which has been related to arrears of disability pension, the Supreme Court observed that original applications as filed by the ex-servicemen didn’t suffer from any delay thereby Appellant (Union of India) disentitled the respondents from claiming the statutory relief.
The said order has been passed by the Division Bench of Justice Alok Aradhe and Justice Pamidighantam Sri Narasimha while dismissing the Civil Appeals filed by the Union of India.
The Court found that,
“Pension, as authoritatively settled by this Court, is neither a bounty nor an ex gratia payment dependent upon the grace of the State. It is a deferred portion of compensation for past service and, upon fulfilment of the governing conditions, matures into a vested and enforceable right.”
According to the facts of the case, the instant appeals arose from the conflicting decisions given by different benches of Armed Forces Tribunal regarding the period for which arrears of disability pension including the broad banding were payable to respondents (ex-servicemen).
The respondent was enrolled in Indian Air Force on 30.03.1988 and upon completion of tenure, he was discharged from service on 31.03.2008. At the same time, he was assessed by the Medical Board to be suffering from a disability attributable to and aggravated by military service to the extent of 20% for life and thus, granted disability pension.
On 20.10.2016, the respondent filed original application before the Tribunal in pursuance of the order passed by three – Judge Bench of Supreme Court in Union of India & Others vs Ram Avtar, seeking enhancement of his disability to 50% on the basis of broad banding principle along with arrears from the date of discharge.
The Tribunal by order dated 13.12.2017 granted the benefit of pension from the date of superannuation. There was divergent views expressed by coordinate Benches of the Tribunal regarding the extent of payment of arrears.
The full bench of the Tribunal on 01.12.2017 held that the decision in Ram Avtar was a judgment in rem and, “denial of arrears of disability pension amounts to deprivation of property. It was further held that disability pension is a recurring right and the right to claim the same cannot be denied either on the ground of limitation or delay or laches.”
The main contention of the Union of India before the Supreme Court was that arrears ought to be confined to three years prior to the filing of the application by the respondents. The respondents/ex-servicemen in the instant appeals claim the benefit of arrears of disability pension form the date of their retirement/discharge.
Rejecting the submission of the Union of the India, the Court said that,
“Pensionary entitlements, therefore, partake the character of property, and cannot be withheld, reduced, or extinguished except by authority of law5. This principle applies with full vigour to disability pension, which is grounded not merely in length of service, but in the impairment suffered by a member of the Armed Forces in the course of, or attributable to, the service rendered to the nation. The disability pension is not a matter of largesse, but a recognition of sacrifice made in service of the nation.”
The Court emphasized that the Union of India is expected to act with fairness, consistency in the management of the benefits which has been conferred upon those who have served the nation. In this respect, the Court noted that,
“When a benefit is recognised by a policy and affirmed by judicial pronouncement, its application cannot be selective or uneven.”
While clearly unaccepted the submission of Union of India that claim for arrears was barred by Limitation Act, the Court noted that,
“The issue with regard to broad banding of disability pension attained finality only on 10.12.2014. Thereafter, Union of India in the order dated 18.04.2016 addressed to Chiefs of Army, Navy and Air Force acknowledged in clear terms that arrears of disability pension were to flow from 01.01.1996 without any curtailment.”
Accordingly, the Court dismissed the appeals filed by the Union of India and the appeals of ex-servicemen allowed to the extent that they shall be entitled to arrears of disability pension, including the benefit of broad banding, with effect from 01.01.1996 or 01.01.2006, as the case may be, alonwith interest at the rate of 6% per annum.
Case: Union of India through its secretary & ors. vs SGT Girish Kumar and Ors.
Date of Order: 12.02.2026
See the Order: Union of India through its secretary & ors. vs SGT Girish Kumar and Ors.
