UNION OF INDIA Vs. SGT GIRISH KUMAR

JUDGEMENT

(1.) Leave granted.

(2.) These appeals, filed both by the Union of India and by Ex-service-men, under Sec. 30 of the Armed Forces Tribunal Act, 2007 ('Act'), arise out of conflicting decisions of the Armed Forces Tribunal ('Tribunal') concerning the period for which arrears of disability pension are payable. The Tribunal in certain cases directed payment of arrears of disability pension from specified cut- off dates, whereas, in others, restricted such benefits to 3 years prior to filing of the applications before the Tribunal. The present batch of appeals require this Court to determine whether entitlement to disability pension, once judicially affirmed, can be curtailed beyond a prescribed period by invoking limitation, delay or laches.

(3.) For the sake of convenience, the facts in Civil Appeal Nos.6820-6824 of 2018 are noticed. The respondent in C.A. Nos.6820-6824 of 2018 was enrolled on 30/3/1988 in the Indian Air Force and was discharged on 31/3/2008 upon completion of tenure. At the time of discharge, he was assessed with disability attributable to and aggravated by military service at 20% for life and was granted disability pension accordingly. Pursuant to judgment rendered by a three-Judge Bench of this Court dtd. 10/12/2014 in Union of India & Others v. Ram Avtar, 2014 SCC Online SC 1761, the respondent approached the Tribunal on 20/10/2016 by filing an original application, seeking broad banding of disability pension to 50% along with arrears from the date of discharge. The Tribunal, by an order dtd. 13/12/2017, extended the benefit of broad banding of pension to the respondent from the date of his superannuation.