Court directs Union of India to pay arrears with interest for disability pension stopped without due process.
In a significant ruling, the Rajasthan High Court has ordered the restoration of disability pension for an ex-serviceman, Ratti Ram, directing the Union of India to pay arrears from 1980, the date when the pension was arbitrarily discontinued. The court's decision underscores the importance of due process and communication in pension-related matters, reflecting the judiciary's commitment to upholding the rights of veterans.
The case, adjudicated by a division bench comprising Dr. Pushpendra Singh Bhati and Dr. Nupur Bhati, revolved around the arbitrary discontinuation of Ratti Ram's disability pension. The petitioner, an ex-corporal of the Indian Air Force, was discharged from service in 1979 with a disability pension due to Bronchial Asthma, assessed as attributable to his military service. However, his pension was discontinued in 1980 due to alleged non-appearance before a Re-survey Medical Board—a claim Ratti Ram contested, stating he was never notified of such a requirement.
The Armed Forces Tribunal had previously reinstated his pension from 2019 but limited the arrears to this date, despite a medical board's retrospective confirmation of his continuous disability since 1980. Dissatisfied, Ratti Ram approached the High Court seeking arrears from the date of discontinuation.
The High Court found that the absence of communication and due process in stopping the pension violated principles of justice. Citing precedents like the Supreme Court's ruling in the "Union Of India vs Sgt Girish Kumar" case, the court emphasized that pension is a right, not a bounty, and once due, it should be paid from the date it was wrongfully withheld.
In its judgment, the court ordered the Union of India to compute and pay the arrears at the rate of 30% disability, rounded to 50%, from August 1980 until the actual payment date. The court also stipulated that any delays in payment would attract an interest of 6% per annum.
This ruling not only highlights the judiciary's role in safeguarding the rights of ex-servicemen but also serves as a reminder of the obligations of government bodies to adhere to due process and proper communication in administrative actions affecting veterans' rights.
Bottom line:-
Disability pension of an ex-serviceman cannot be arbitrarily discontinued without proper communication and due process. Arrears of disability pension must be granted from the date of discontinuance when retrospective medical opinion confirms the continuity of the disability.
Statutory provision(s): Articles 226 and 227 of the Constitution of India, Armed Forces Tribunal Act, Disability Pension Regulations
Ratti Ram v. Union of India, (Rajasthan)(DB) : Law Finder Doc id # 2928708
