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Supreme Court Strikes Down 3-Year Cap on Disability-Pension Arrears for Ex-Servicemen

The bench ruled the benefit is a vested right and warned that withholding accrued dues would violate constitutional protection of property.

Overview

  • The court dismissed the Union of India’s appeals and quashed Armed Forces Tribunal orders that limited arrears to the three years before filing.
  • Affected veterans are entitled to broad-banded disability pension from January 1, 1996, or January 1, 2006, or their retirement date, as applicable, with 6% annual interest.
  • Justices P.S. Narasimha and Alok Aradhe held that pension is a deferred compensation and an enforceable right, not an ex gratia payment.
  • The judgment recorded government communications from 2014 and 2016 accepting payment of arrears from the specified cut-off dates, stating the State cannot now resile.
  • Addressing conflicting AFT rulings and the Ram Avtar line of cases, the court rejected limitation-based curbs and directed uniform implementation for similarly placed ex-servicemen.