Dear All,
Here is a very useful information to all our veteans .
We all know that if any case is filed in our AFT , regarding arrears of payment in respect of say Disability or normal pension cases, the judgement is given after a very long time.
in the judgemen, ART says arrears may be paid for 3 years only.from the date of judgement .
In this regard, one of our veterans have filed a ase in Supreme Court. Appeal No; 6820-6824 dt 2016.
Now, Supreme court has has giver judgement on 12-02-2026 . that,
ARREARS FOR 3 YRS ONLY IS NOT VALID. ARREARS TO BE PAID FROM THE ELIGBLE DATE.
The HSC has dismissed the Union of India 's appeals aagainst the Tribunalorder and Quashed Tribunal orders that had limited arrears to thre years prior to filing.
It is a very useful information. All our veterans are requested to share this information to other veterans.
Re: HSC Judgment about Limitation of arrears only for 3 years is not valid
esmwelfare/Inbox
Re: HSC Judgment about Limitation of arrears only for 3 years is not valid
esmwelfare/Inbox
Chandra Nath
From:cpcnath@gmail.com
To:veteransindia@googlegroups.com
Cc:Major SK Jain,preavsmajorsltcdrssqnldrs,Armed Forces Veterans,Indian Veterans India,helping-hands-for-veterans@googlegroups.com
Mon, Feb 16 at 3:15 PM
Dear All,
Supreme Court of India on 12 February 2026, in Union of India v. SGT Girish Kumar & Ors (Civil Appeal Nos. 6820–6824 of 2018 and connected matters), held that the statutory three-year limitation period cannot be invoked to cap arrears of disability pension once entitlement has been judicially established.
Key Holds of the Judgment
The Bench (Justices Pamidighantam Sri Narasimha and Alok Aradhe) examined appeals arising from conflicting orders of the Armed Forces Tribunal — some of which restricted arrears to three years before filing, while others granted full arrears from specified cut-off dates (e.g., 01 Jan 1996 or 01 Jan 2006).
The Supreme Court held that disability pension is a recurring and vested right — it is not a mere bounty, but a deferred part of compensation once the governing conditions are satisfied.
Once entitlement to broad-banded disability pension stands judicially affirmed (particularly through the earlier three-Judge Bench decision in Union of India v. Ram Avtar, which was treated as a judgment in rem), arrears flowing from that entitlement cannot be truncated by reference to a three-year limitation, delay, or laches.
The Court therefore dismissed the Union of India’s appeals against Tribunal orders that granted full arrears and quashed Tribunal orders that had limited arrears to three years prior to filing.
