Legal provisions involved: Section 30 of the Armed Forces Tribunal Act 2007, Section 22 of the Limitation Act, 1963, Pension Regulation for the Army, 1961 and Pension Regulation for the Army, 2008. 

Judgement by: Supreme Court

Judge/Bench: Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe

Facts

The Appeals arose from the decision of the Armed Forces Tribunal wherein the Tribunal directed the payment of arrears of disability pension from specified cut-off dates, but restricted such benefits to 3 years prior to filing of applications before the Tribunal.  

Key legal provisions

Section 30 of the Armed Forces Tribunal Act 2007, Section 22 of the Limitation Act, 1963, Pension Regulation for the Army, 1961 and Pension Regulation for the Army, 2008. 

Issues raised

Whether the benefits of arrears of disability pension can be restricted to 3 years prior to the filing of the original applications before the Tribunal.

Arguments 

It was said that the claims for arrears of disability pension cannot be extended beyond the prescribed period of limitation. On behalf of ex-servicemen, it was argued that denial or restriction of arrears of disability pension would amount to deprivation of a vested and recurring right. 

Judgement

The Supreme Court observed that Union of India being a model employer, is expected to act with fairness, consistency and even-handedness in administering the benefits to those who have served the nation and thus, contention of limitation was not accepted. The Appellants were held entitled to disability pension including benefit of broad banding which was due to them. 

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