RC-0701W Major Ghan Shyam (Retd) vs Union of India,Thru. Secy. Ministry of Defence, Govt. of India and 3 Others

Shri Veer Raghav Chaubey, learned counsel for the petitioner and Shri S.B. Pandey, learned Senior Advocate/Additional Solicitor General assisted by Sri Varun Pandey, learned counsel for respondents.

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It has been submitted by learned counsel for the petitioner that the petitioner, RC-0701W Major Ghan Shyam (Retd), was enrolled in the Army on 18.03.1972 and commissioned on 05.12.1992. The petitioner had filed an Original Application before Armed Forces Tribunal, Regional Bench, Lucknow seeking grant of disability pension along with arrears with effect from 30.11.2003 and the said Original Application has been allowed by means of order dated 30.06.2017 directing the respondents to make necessary calculations for grant of disability pension preceding the date of filing of the Original Application before the AFT, Lucknow.

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It has been further submitted by learned counsel for the petitioner that this aspect of the matter with regard to payment of Disability Pension was duly considered by the Hon'ble Supreme Court in Civil Appeal Nos. 6820-6824 of 2018, titled "Union of India through its Secretary and Others vs. SGT Girish Kumar and Others, etc. ".

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The issue before the Hon'ble Supreme Court in Civil Appeal Nos.68206824 of 2018 (supra) was with regard to the grant of disability pension concerning the period for which the arrears of disability pension are payable, as in some cases the Tribunal directed payment of arrears of disability pension from specified cut-off dates, whereas, in others, it restricted such benefits to three years prior to the filing of the original application before the Tribunal. The Supreme Court, after considering the issue involved regarding entitlement to pension, has held that the benefit of disability pension, being a valuable right, has to be given from the date it became due. The relevant portion of paragraphs 20 to 23 of the judgment and order dated 12.02.2026 passed in Civil Appeal Nos.68206824 of 2018 (supra) are reproduced hereinbelow :-

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WRIA No. 5226 of 2026

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2

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" 20. This Court has, in a consistent line of decisions, recognised that right to receive disability pension is a valuable right and once found due, the benefit of the same has to be given from the date it became due. The same cannot be curtailed by restricting the benefit to a period of three years preceding the filing of the original application. In the absence of any compelling reason to take a different view, we find no justification to depart from the view consistently taken by this Court.

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21. 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.

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22. The reliance placed by the appellant on the decision of a two- Judge Bench of this Court in Tarsem Singh (supra) is of no assistance to it, as the legal landscape did not remain static after decision in Tarsem Singh. Subsequently, a three-Judge Bench of this Court in Ram Avtar (supra), decided the issue of applicability of instruction dated 31.01.2001 and the aforesaid decision is in rem. For, yet another reason, the decision in Tarsem Singh (supra) has no application to the case in hand as exservicemen in the instant appeals are already in receipt of disability pension and are only seeking re-computation of the disability pension. The right to approach the Tribunal accrued to ex-servicemen only on 10.12.2014 i.e., when the decision in Ram Avtar (supra) was rendered by this Court. Therefore, the bar contained in Section 22(1)(c) of the Act has no application to the claims filed by the ex-servicemen before the Tribunal. In the facts and circumstances of the case, we find that the original applications filed by the ex-servicemen do not suffer from any delay or laches disentitling them from claiming the relief of arrears of disability pension. Thus, the objections founded on the delay and limitation are without any merit.

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(vi) CONCLUSION

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23. For the foregoing reasons, we do not find any merit in the appeals filed by the Union of India. Accordingly, the appeals filed by the Union of India are dismissed. The orders passed by the Tribunal which have been impugned in Civil appeals filed by the ex-servicemen i.e. in Civil Appeal Nos.8286-8287 of 2018, Civil Appeal No.1555 of 2024, Civil Appeal @ Diary No.34570 of 2019, Civil Appeal No.3091 of 2024 and Civil Appeal No.1724 of 2023, in so far as they restrict the benefit of arrears of disability pension to three years preceding the filing of original application are quashed and set aside. The appellants in the aforesaid appeals are held entitled to disability pension including the benefit of broad banding, due to them, with effect from 01.01.1996 or 01.01.2006, as the case may be, along with interest @ 6% per annum. Accordingly, the aforesaid appeals are allowed. Pending applications, if any, are disposed of. "

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In view of the above discussions, the writ petition stands allowed . The

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WRIA No. 5226 of 2026

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3

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(Amitabh Kumar Rai,J.) (Alok Mathur,J.)

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judgment and order dated 30.06.2017 passed by Armed Forces Tribunal, Regional Bench, Lucknow in Original Application No.65 of 2017 is modified to the extent that the petitioner will be entitled to disability pension from the date it became due to the petitioner i.e. w.e.f. 01.12.2003. The petitioner will also be entitled to interest @ 6% per annum on the arrears of disability pension from 01.12.2003 to 09.08.2013 till the date of its actual payment. The respondents are directed to compute and pay the arrears of disability pension to the petitioner w.e.f. 01.12.2003 to 09.08.2013 along with interest @ 6% per annum and pay the same to the petitioner within three months from the date of production/service of the certified copy of this order.

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May 20, 2026

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A. Verma

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Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench

RC-0701W Major Ghan Shyam (Retd) v. Union of India,Thru. Secy. Ministry of Defence, Govt. of India and 3 Others

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RC-0701W Major Ghan Shyam (Retd) v. Union of India,Thru. Secy. Ministry of Defence, Govt. of India and 3 Others

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