Punjab & Haryana HC Dismisses Army's Plea Seeking Restriction Of Disability Benefits To Three Years For Disabled Soldier Discharged In 2001
The Punjab & Haryana High Court has dismissed a petition filed by the Union of India seeking restriction of arrears of "broad-banding" of disability pension to a period of three years rather than from date of discharge of a disabled soldier in 2001.The applicant having disability of 30% is entitled to get the rounding off benefit of disability element of pension at 50% as per the...
The Punjab & Haryana High Court has dismissed a petition filed by the Union of India seeking restriction of arrears of "broad-banding" of disability pension to a period of three years rather than from date of discharge of a disabled soldier in 2001.
The applicant having disability of 30% is entitled to get the rounding off benefit of disability element of pension at 50% as per the Union Government Notification is termed as ""broad-banding" of disability pension.
The Court rejected Union's argument that the benefit of arrears accruing to the pensioner on account of grant of rounding off benefit, should be restricted to three years prior to the filing of the Original Application before AFT.
Justice Sureshwar Thakur and Justice Sudeepti Sharma referring to Union of India Vs. Ram Avtar', [2014 SCC Online 1761] the Court said the disabled soldier has indefensible right to get the benefit of rounding-off of disability pension and the cause of action accrued after the judge of Ram Avtar.
"Since the verdict (supra) became pronounced on 10.12.2014 and the respondent raised in terms of the said verdict, thus a motion before the Tribunal concerned, in the year 2018. Though, the respondent in terms of the verdict (supra) did not raise a prompt motion in pursuance theretos, but raised a motion only after a delay of about 3 1⁄2 years taking place. However, when the endowments made thereunders vis-a-vis the present respondent, but naturally conferred an indefeasible right qua him," the bench noted.
The Court added that the cause of action after the judgement was pronounced in 2014 was reoccurring in nature and continuous.
Relying on catena of Supreme Court judgments, the Court held that arrears of broadbanding will not be restricted in those cases where the person was already in receipt of Disability Pension and was only seeking recalculation of his disability benefits based on the broadbanding principle.
The High Court has held that the benefit was granted "in rem" by the Supreme Court and could not be restricted.
"Even otherwise since the declaration of law made in verdict (supra) makes the said declaration to be an expostulation of law in rem, therebys, the expostulation of law in rem, as made in verdict (supra) also makes the thereunders conferred benefits vis-a-vis the defence personnel concerned, to, prima facie, also entitle the concerned, thus to at any time seek the granting of the endowments as made thereunders, and that too, in the fullest complement, as spelt thereunders, besides irrespective of the bar of delay and laches," added the Court.
In the light of the above Union's appeal against the AFT order whereby the disable soldier was granted the benefit of rounding off, was rejected.
Mr. Karan Jund, Sr. Panel Counsel for UOI.
Mr. Navdeep Singh, Advocate with Mr. Ajay Sheoran, Advocate and Mr. Roopan Atwal, Advocate for the respondent.
Title: Union of India and Others v. Ex. Hav Chhabil Dass