Disability pension not ex gratia payment dependent on grace of State: SC

The Supreme Court on Thursday said disability pension is neither a bounty nor an ex gratia payment dependent on the grace of the State, 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 disability pension is not a matter of largesse, but a recognition of sacrifice made in the service of the nation. ''Pension, as authoritatively settled by this court, is neither a bounty nor an ex gratia payment dependent upon the grace of the State. It is a deferred portion of compensation for past service and, upon fulfilment of the governing conditions, matures into a vested and enforceable right. ''Pensionary entitlements, therefore, partake the character of property, and cannot be withheld, reduced, or extinguished except by authority of law,'' the bench said. The apex court said 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 such 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 infraction 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 found due, the benefit of the same has to be given from the date it became due.