Digital Desk, New Delhi. The Supreme Court on Thursday clarified that disability pension is not a reward or ex-gratia which is dependent on the mercy of the government. The court said that the government cannot adopt a selective or discriminatory attitude in this matter.
A bench of Justice PS Narasimha and Justice Alok Aradhe rejected the appeal of the Central Government against the order of the Armed Forces Tribunal, in which it was directed to give disability pension to an ex-serviceman.
The apex court said that disability pension is not a matter of charity or generosity, but a recognition of the sacrifice made in the service of the nation. It is a deferred portion of remuneration received for past services, which becomes a firm and legal right when prescribed conditions are fulfilled.
The bench said, "The right to pension is like property. It can neither be stopped, nor can be reduced nor can be abolished except by the intervention of law."
Stopping the ex-servicemen from getting the dues that have been decided by the court decision and government policy would amount to snatching their property and would be considered a violation of Article 300A of the Constitution. The Court reiterated that receiving disability pension is an important right and when it is decided that pension is to be granted, it should be paid from the date it is made.
(With inputs from news agency PTI)
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