Court rules that the restriction on pension arrears is unjustified, recognizing the sacrifices of armed forces personnel.
In a significant judgment, the Punjab and Haryana High Court has ruled in favor of Ranjit Kaur, the widow of a 1971 Indo-Pak war veteran, granting her full arrears of the war injury pension owed to her husband. The Court, presided by Justices Harsimran Singh Sethi and Amarinder Singh Grewal, found that restricting the pension arrears to three years preceding the filing of the original application was unjustified, setting aside the order of the Armed Forces Tribunal.
The bench emphasized that the war injury suffered by Kaur's husband during the 1971 war was attributable to military service, thus entitling him to a war injury pension. This ruling aligns with the principle that pension is a recurring cause of action with no limitation period, as established by the Supreme Court in previous cases like Balbir Singh v. Union of India and SGT Girish Kumar's case. The Court reiterated that pension rights are vested and not subject to arbitrary curtailment, echoing the Supreme Court's stand that pensions are not bounties but rather entitlements that recognize the sacrifices made in service to the nation.
The judgment underscores the expectation that the Union of India, acting as a model employer, should proactively extend benefits to veterans without necessitating litigation. The Court highlighted that the denial of rightful pension benefits amounts to deprivation of property, contravening Article 300A of the Constitution.
This landmark decision reinforces the rights of armed forces personnel and their families, ensuring due recognition and appreciation for their service and sacrifices. The Court's directive mandates the payment of arrears from the date the entitlement arose, reflecting a just acknowledgment of the veteran's contribution to national security.
Bottom Line :
War injury pension - Arrears of pension cannot be restricted to three years preceding the filing of the original application when the entitlement to pension is established and there is no limitation period applicable for claiming such pension.
Statutory provision(s): Article 300A of the Constitution of India, Pension Regulations for the Army, Relevant Supreme Court Judgments on Pension Rights
Ranjit Kaur v. Union of India, (Punjab And Haryana)(DB) : Law Finder Doc id # 2969129
