Rajasthan High Court Orders 46 Years' Disability Pension Arrears To Ex-Air Force Corporal, Says Benefit Can't Be Denied Due To State Inaction

The Rajasthan High Court has granted relief to an Ex-Corporal of the Indian Air Force whose disability pension was discontinued in 1980 owing to pending re-assessment of his disability. [2026 LiveLaw (Raj) 256]Even after the disability was assessed to be in continuation, the Armed Forces Tribunal directed payment of arrears only since 2019, instead of calculating it from the date of discontinuity. The division bench of Justice Pushpendra Singh Bhati and Justice Nupur Bhati highlighted that no reason was assigned by the Tribunal to resume the disability pension from a random date in 2019. “The petitioner, an ex-serviceman now aged 79 years, has been suffering from Bronchial Asthma since his days of active service to the nation. He has been deprived of his rightful disability pension for over four decades through no fault of his own. The purpose of disability pension is to provide sustenance and recognition to those who have suffered in the course of serving the nation. Any interpretation that defeats this purpose must be eschewed.”The petitioner was discharged from service in 1979. At the time of his discharge, the Release Medical Board assessed him to be having 30% disability for life, on account of suffering from Bronchial Asthma. Consequently, between 1979 and 1980, the petitioner received disability pension. In 1980, the pension was discontinued, with an allegation that the petitioner did not appear for re-assessment medical board. The petitioner contended that he received no communication regarding such requirement. An original application was filed before the Tribunal that ordered constitution of a medical board and re-assessment of the petitioner. The Re-assessment Medical Board found the disability of the petitioner to be constant. Hence, the Tribunal found him to be eligible for restoration of the disability pension. However, it opined that such restoration shall be from 2019. Accordingly, the arrears also shall be calculated from that date only, and not 1980. This order was challenged before the Court. After hearing the contentions, the Court observed that once the Medical Board had recorded that the disability of the petitioner remained constant, there remained no legal basis to deny arrears from the date of actual stoppage of the pension. Reference was made to the Supreme Court case of Union Of India Through Its Secretary vs Sgt Girish Kumar And Ors, which held that, “…right to receive disability pension is a valuable right, and once found due, the benefit must be given from the date it became due and cannot be curtailed by restricting the benefit to three years preceding the filing of the original application.”The Court further highlighted that delay in assembling the re-assessment medical board was entirely attributable to the State, and any delay caused by such inaction on part of the government could not be held at the disadvantage of the petitioner. “…petitioner had submitted an application dated 31.05.1990 (Annexure A/2), requesting revision/restoration of his disability pension. Despite receipt of the said application, the respondents failed to take any action thereupon or to consider the petitioner's claim in accordance with law.”In this background, the Court held that there was no reason to justify denial of arrears to the petitioner from the actual stoppage date. Accordingly, the government was directed to pay arrears to the petitioner from the date of actual stoppage, within 4 months. Title: Ratti Ram v Union of India & Ors. Citation: 2026 LiveLaw (Raj) 256Click Here To Read/Download Order

Rajasthan High Court Orders 46 Years' Disability Pension Arrears To Ex-Air Force Corporal, Says Benefit Can't Be Denied Due To State Inaction

Nupur Agrawal

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Nupur Agrawal

Rajasthan High Court Orders 46 Years' Disability Pension Arrears To Ex-Air Force Corporal, Says Benefit Can't Be Denied Due To State Inaction

Nupur Agrawal

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Nupur Agrawal

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