Supreme Court Upholds Full Disability Pension Arrears

In a significant relief to thousands of ex-servicemen, the Supreme Court has ruled that eligible Armed Forces personnel are entitled to full arrears of disability pension from the applicable cut-off dates—January 1, 1996, or January 1, 2006—without restriction to a three-year limitation period.

The Court underscored that disability pension is not charity but a recognition of sacrifice made in service of the nation. It held that once the right to receive disability pension is established, the benefit must be granted from the date it became due.

Bench Rejects Centre’s Limitation Argument

A Bench comprising Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe dismissed appeals filed by the Union government and allowed those of ex-servicemen seeking complete arrears.

The principal issue was whether arrears should be restricted to three years preceding the filing of claims before the Armed Forces Tribunal (AFT). The Centre argued that such claims were governed by the Limitation Act, 1963, and that even continuing wrongs could not extend beyond the prescribed limitation period.

Rejecting this contention, the Court clarified that disability pension is a vested right and cannot be curtailed by procedural limitations.

Pension as a Constitutional Right

The Court described pension as a “deferred portion of compensation” and a valuable property right protected under Article 300A of the Constitution. It ruled that arrears cannot be limited merely because the claim was filed at a later date.

The dispute traces back to the landmark 2014 judgment in Union of India vs Ram Avtar, where a three-judge Bench extended the benefit of “broad banding” of disability pension to personnel who retired with service-related disabilities, even if they were not invalidated out of service.

Important Facts for Exams

• Article 300A of the Constitution protects the right to property.
• The Armed Forces Tribunal adjudicates service disputes of Armed Forces personnel.
• The Limitation Act, 1963 prescribes time limits for legal claims.
• Broad banding enhances disability pension percentage based on degree of disability.

Impact on Ex-Servicemen

The ruling ensures that eligible former personnel receive complete financial dues without arbitrary restriction. It reinforces judicial recognition of the unique nature of military service and affirms that welfare measures for soldiers are grounded in legal entitlement rather than executive discretion.