CHANDIGARH: In a significant ruling affecting thousands of former Armed Forces personnel, the Supreme Court (SC) has held that eligible ex-servicemen (ESM) are entitled to full arrears of disability pension from the applicable cut-off dates, either January 1, 1996, or January 1, 2006, without restriction to a three-year limitation period. The SC also made it clear that “the disability pension is not a matter of largesse, but a recognition of sacrifice made in service of the nation.” “Right to receive disability pension is a valuable right and once found due, the benefit of the same has to be given from the date it became due. The same cannot be curtailed by restricting the benefit to a period of three years preceding the filing of the original application,” the apex court has clarified.A bench comprising Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe passed these orders while dismissing the appeals by the central government and allowing those filed by ex-servicemen seeking complete arrears. The main issue of consideration before the apex court was if the arrears of disability pension be restricted to three years prior to filing the claim before the armed forces tribunal (AFT).The dispute traces back to the Supreme Court’s landmark 2014 judgment titled Union of India versus Ram Avtar, where a three-judge bench ruled that Armed Forces personnel who retired with disabilities attributable to or aggravated by military service were entitled to “broad banding” of disability pension, even if they were not invalidated out of service. Following that ruling, many ex-servicemen approached the AFT seeking re-computation of their disability pension and payment of arrears. While some tribunal benches granted arrears from the date of retirement or applicable pay commission cut-off, others restricted arrears to three years, citing limitation principles.In its appeal, the central government represented by Attorney General submitted that the grievance of the government is confined to the direction to pay arrears of disability pension beyond a period of three years. It was contended that claims for arrears of disability pension are governed by the provisions of the Limitation Act, 1963, as well as Section 22 of the Act, and that even in cases of continuing wrong, arrears cannot extend beyond the prescribed period of limitation.However, rejecting the centre’s plea, the SC observed that pension is not a matter of charity or 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 on behalf of the Union of India that the claim for arrears of disability pension is barred by Limitation Act, cannot be accepted,” held the SC in its 17-pages detailed order.
