Union of India v. SGT Girish Kumar & Ors., Civil Appeal Nos. 6820–6824 of 2018, Supreme Court of India (Justices P.S. Narasimha and Alok Aradhe), decided 12 February 2026.
Background
The Armed Forces Tribunal had allowed disability pension claims of several ex-servicemen but restricted the payment of arrears to three years before the date of filing, applying the usual limitation approach. The veterans challenged this cap, arguing that disability pension is a statutory entitlement arising from service-related disability — not a discretionary benefit that can be trimmed on technical grounds.
What the Supreme Court Held
The Court dismissed the Union’s appeals and held that arrears of disability pension cannot be automatically capped at three years. Disability pension, it said, “cannot be viewed as a matter of governmental charity or discretionary largesse” — it is deferred compensation tied to military service and a vested right protected as property under Article 300A of the Constitution. Because pension is a continuing entitlement, every wrongful denial gives a fresh cause of action, so limitation cannot defeat the claim itself. Payment must run from the date the entitlement arose.
The Court also acknowledged the real-world barriers disabled veterans face — medical hardship, financial constraints and bureaucratic hurdles — and warned that a mechanical application of limitation would defeat the very purpose of the scheme.
What This Means for Armed Forces Personnel
If your disability pension or broad-banding benefit was granted but arrears were limited to three years before your application, this ruling gives you a strong basis to claim full arrears from the date your entitlement arose. It also strengthens pending and future claims where the department raises delay as a defence: limitation arguments cannot extinguish a continuing pension right.
This summary is general information about a publicly reported judgment, not legal advice, and does not create an advocate–client relationship. Outcomes depend on the facts of each case.