SC – Disability Pension to Ex-Servicemen is a recognition of sacrifice and right to arrears cannot be diminished by limitation law
The solitary issue which arises for consideration is whether the benefit of arrears of disability pension can be restricted to three years prior to filing of the original applications before the Tribunal.
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. The issue with regard to broad banding of disability pension attained finality only on 10.12.2014. Thereafter, Union of India in the order dated 18.04.2016 addressed to Chiefs of Army, Navy and Air Force acknowledged in clear terms that arrears of disability pension were to flow from 01.01.1996 without any curtailment. Therefore, in the facts and circumstances of the case, the contention that the claims of ex-servicemen were barred by limitation does not deserve acceptance.
Civil Appeal Nos.6820-6824 of 2018 of Union of India through its Secretary and others Vs. SGT Girish Kumar and others with connected civil appeals.
