The Supreme Court ruled that disability pension is a vested legal right and not an ex gratia payment dependent on government mercy. Dismissing the Centre’s appeal, the Court held that denying due arrears violates Article 300A and amounts to deprivation of property.
New Delhi: In a significant ruling protecting the rights of former armed forces personnel, the Supreme Court has made it clear that disability pension cannot be treated as a favour or charity by the government. The Court said that such pension is a legal right earned through service to the nation and cannot be denied or given selectively.
A Bench of Justice PS Narasimha and Justice Alok Aradhe passed the judgment while dismissing an appeal filed by the Union of India. The Centre had challenged an order of the Armed Forces Tribunal (AFT), which had directed payment of disability pension to certain ex-servicemen.
The Supreme Court strongly criticised the approach of the government in contesting the grant of disability pension. It observed that pension is not a reward given out of kindness, but a rightful payment that becomes due once the conditions are fulfilled. The Bench underlined that former soldiers, who have served the country, cannot be made to fight prolonged legal battles for benefits that are legally theirs.
The Court stated,
“Pension, as authoritatively settled by this court, is neither a bounty nor an ex gratia payment dependent upon the grace of the State. It is a deferred portion of compensation for past service and, upon fulfilment of the governing conditions, matures into a vested and enforceable right.”
Explaining further, the Bench emphasised that pension is part of the salary that was earned during service but paid later. Once an ex-serviceman becomes eligible under the rules, the government has a legal duty to release the amount.
The Court added,
“Pensionary entitlements, therefore, partake the character of property, and cannot be withheld, reduced, or extinguished except by authority of law,”
the bench said.
The judges also reminded the Union government that it must act as a model employer. According to the Court, fairness and consistency are expected when dealing with benefits given to those who have served the nation in uniform.
“When a benefit is recognised by a policy and affirmed by judicial pronouncement, its application cannot be selective or uneven.”
The Supreme Court made it clear that once a benefit has been confirmed by both government policy and court decisions, it must be applied equally to all eligible persons. The government cannot pick and choose who will receive the benefit.
The Bench further observed,
“Any such deprivation of accrued arrears which has become due to ex-servicemen in view of judicial determination as well as policy decision taken by the Union of India itself, would constitute deprivation of property and would amount to infraction of Article 300A of the Constitution of India,”
the bench said.
By referring to Article 300A of the Constitution, the Court highlighted that pension is treated as property under the law. Therefore, taking away or delaying payment without proper legal authority would amount to violation of constitutional rights.
The Court reiterated that the right to receive disability pension is a valuable and enforceable right. It clarified that once it is determined that an ex-serviceman is entitled to disability pension, the benefit must be paid from the date it became due, including arrears.
With this judgment, the Supreme Court has once again reinforced the legal protection available to members of the armed forces and veterans. The ruling sends a strong message that disability pension is not a matter of government generosity, but a lawful entitlement rooted in service and sacrifice.
The dismissal of the Centre’s appeal strengthens the position of ex-servicemen who approach courts for rightful pension benefits and ensures that administrative authorities follow established legal principles while dealing with pension claims.
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