New Delhi, February 12 The Supreme Court said on Thursday that disability pension is neither a reward nor an ex gratia payment dependent on the State's discretion, and the government cannot be selective or uneven in its approach.
A bench of Justices PS Narasimha and Alok Aradhe made the observations while dismissing an appeal filed by the Centre challenging an order of the Armed Forces Tribunal on payment of disability pension to ex-servicemen.
The top court said that disability pension is not a matter of generosity, but a recognition of the sacrifice made in the service of the nation.
"As this court has authoritatively settled, pension is neither a reward nor an ex gratia payment dependent on the State's discretion. It is a deferred portion of compensation for past service, and upon fulfilling the governing conditions, it matures into a vested and enforceable right."
"Therefore, pensionary entitlements partake the character of property, and cannot be withheld, reduced, or extinguished except by authority of law," the bench said.
The apex court said that the Union of India, as a model employer, is expected to act with fairness, consistency, and even-handedness in the administration of benefits conferred upon those who have served the nation.
"When a benefit is recognised by a policy and affirmed by judicial pronouncement, its application cannot be selective or uneven."
"Any deprivation of accrued arrears which has become due to ex-servicemen in view of judicial determination as well as policy decision taken by the Union of India itself, would constitute deprivation of property and would amount to a violation of Article 300A of the Constitution of India," the bench said.
The court reiterated that the right to receive disability pension is a valuable right, and once it is found due, the benefit must be given from the date it became due.