SC upheld soldiers’ disability pension as recognition of sacrifice, not charity | India News

CHANDIGARH: In a landmark judgment affecting thousands of ex-armed personnel, the Supreme Court (SC) has said that eligible ex-servicemen (ESM) are entitled to full arrears of disability pension from the applicable cut-off date, either January 1, 1996 or January 1, 2006 without a limit of three years. The SC further clarified that “disability pension is not a big deal, but recognition of sacrifices made in the service of the nation.” “The right to receive disability pension is a valuable right and once due, the benefit has to be paid from the date on which it is paid. It cannot be curtailed by restricting the benefit to three years prior to the filing of the original application,” the apex court clarified.A bench comprising Justice Pamighantham Sri Narasimha and Justice Alok Aradh passed the orders while dismissing the central government’s appeal and allowing the petitions filed by the ex-servicemen seeking full dues. The main point of consideration before the Supreme Court was that arrears of disability pension should be limited to three years before filing a claim before the Armed Forces Tribunal (AFT).The dispute traces back to the Supreme Court’s 2014 judgment in Union of India v Ram Avatar, in which a three-judge bench ruled that armed forces personnel who retired with disabilities or worse due to military service were entitled to “broad banding” of disability pension, even if they were not unfit for service.After that judgment, many ex-servicemen approached the AFT for recalculation of their disability pension and payment of arrears. While some Tribunal Benches have granted arrears from the date of retirement or from the date of applicable Pay Commission cut-off, others have limited the arrears to three years citing the principles of limitation.In its appeal, the Central Government represented by the Attorney General submitted that the Government’s complaint is limited to the order for payment of disability pension arrears over a period of more than three years. It was contended that arrears of disability pension are governed by the provisions of the Limitation Act, 1963 as well as Section 22 of the Act and even in case of continuous wrongdoing the arrears cannot extend beyond the prescribed period of limitation.However, rejecting the Centre’s plea, the SC observed that the pension is neither charitable nor subject to executive discretion. It is a “deferred portion of compensation” and constitutes a vested property right protected under Article 300A of the Constitution. “The contention advanced by the Union of India that arrears of disability pension is barred by statute of limitations, cannot be accepted,” the SC held in its 17-page detailed order.