Disability pension not charity, Supreme Court tells Centre

The Supreme Court on Thursday made it clear that disability pension for ex-servicemen is neither a favour nor a discretionary payout, holding that the government cannot adopt a selective or uneven approach in granting such benefits.

A bench of Justices P.S. Narasimha and Alok Aradhe made the observation while dismissing an appeal by the Centre challenging an Armed Forces Tribunal order directing payment of disability pension to former service personnel.

The court underlined that disability pension is not an act of generosity but recognition of sacrifice rendered in service of the nation. It reiterated that pension is a legal entitlement arising from past service, not a matter dependent on the State’s grace.

“Pension, as authoritatively settled by this court, is neither a bounty nor an ex gratia payment dependent upon the grace of the State,” the bench said. “It is a deferred portion of compensation for past service and, upon fulfilment of the governing conditions, matures into a vested and enforceable right.”

The bench added that pensionary entitlements assume the character of property and cannot be withheld, curtailed or extinguished except through lawful authority.

The court said the Union government, as a model employer, must act with fairness, consistency and even-handedness in administering benefits granted to those who have served the country. Once recognised through policy and affirmed by judicial pronouncement, such benefits cannot be applied arbitrarily.

It warned that denying arrears that have accrued following judicial determination or government policy would amount to deprivation of property and violate Article 300A of the Constitution.

Reiterating its position, the court said the right to receive disability pension is a valuable one and, once established, must be granted from the date it becomes due.

With PTI inputs