Supreme Court Upholds Full Disability Pension Arrears for Ex-Servicemen
In a landmark decision with far-reaching implications for thousands of former Armed Forces personnel, the Supreme Court of India has delivered a definitive ruling. The court has held that eligible ex-servicemen (ESM) are entitled to receive full arrears of disability pension from the applicable cut-off dates, which are either January 1, 1996, or January 1, 2006. This entitlement is granted without any restriction to a three-year limitation period, marking a significant victory for veterans.
Pension as a Right, Not Largesse
The Supreme Court made it unequivocally clear in its judgment that disability pension is not a matter of largesse or charity. Instead, it represents a formal recognition of the immense sacrifices made by service members in the line of duty for the nation. The bench, comprising Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe, emphasized that the right to receive disability pension is a valuable and fundamental right.
"Once this benefit is found to be due, it must be granted from the date it became due. This right cannot be curtailed or restricted by limiting the benefit to merely three years preceding the filing of the original application," the apex court clarified in its detailed 17-page order.
Background of the Legal Dispute
The core issue before the Supreme Court was whether the arrears of disability pension should be restricted to only three years prior to the filing of a claim before the Armed Forces Tribunal (AFT). This dispute has its origins in the Supreme Court's pivotal 2014 judgment in the case of Union of India versus Ram Avtar. In that ruling, a three-judge bench determined that Armed Forces personnel who retired with disabilities attributable to or aggravated by military service were entitled to "broad banding" of their disability pension. This applied even if they were not invalidated out of service.
Following the 2014 judgment, numerous ex-servicemen approached the AFT seeking re-computation of their disability pension and the payment of outstanding arrears. However, a lack of uniformity emerged in the tribunal's decisions:
- Some AFT benches granted arrears from the date of retirement or the applicable pay commission cut-off date.
- Other benches restricted the arrears to a period of three years, citing principles of limitation under existing laws.
Government's Appeal and Supreme Court's Rejection
In its appeal to the Supreme Court, the central government, represented by the Attorney General, argued that its grievance was specifically confined to the direction to pay arrears beyond the three-year period. The government contended that claims for disability pension arrears are governed by the provisions of the Limitation Act, 1963, including Section 22. It was argued that even in cases of a continuing wrong, arrears could not legally extend beyond the prescribed limitation period.
The Supreme Court firmly rejected this plea from the government. The bench observed that pension is not an act of executive discretion or charity. It is, in essence, a "deferred portion of compensation" for services rendered and constitutes a vested property right. This right is protected under Article 300A of the Constitution of India, which guarantees the right to property.
"The contention advanced on behalf of the Union of India that the claim for arrears of disability pension is barred by the Limitation Act cannot be accepted," the Supreme Court held decisively.
Outcome of the Ruling
As a result of this judgment, the Supreme Court dismissed the appeals filed by the central government. Concurrently, it allowed the appeals filed by the ex-servicemen who were seeking complete and unrestricted arrears of their disability pension. This ruling ensures that eligible veterans will receive their full entitled benefits from the relevant cut-off dates, providing them with long-overdue financial justice and recognition for their service-related disabilities.
