Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
K.NATARAJAN, JOHNSON JOHN
Achuthan Kutty K.K. S/o V. Late Madhavan Nair – Appellant
Versus
Union of India, Represented by Secretary, New Delhi – Respondent
| Table of Content |
|---|
| 1. factual background regarding the denial of second service pension arrears. (Para 1 , 2 , 3 , 4 , 5) |
| 2. parties argument regarding the three-year limitation on pension arrears. (Para 6 , 7 , 8) |
| 3. courts observation that pension is a vested right and not subject to three-year limitation. (Para 9 , 10 , 11) |
JUDGMENT :
JOHNSON JOHN, J.
1. These writ petitions are filed, challenging the orders of the Armed Forces Tribunal, Regional Bench, Kochi, restricting the arrears of pension to three years prior to the filing of the Original Applications before the Tribunal.
2. The petitioner in W.P.(C) No. 36386 of 2023 joined the army service on 28.09.1977 and he was discharged from the army service on 30.6.1997. Subsequently, he re-enrolled on 31.3.2000 and was discharged from service on 31.5.2014. Aggrieved by the denial of second service pension, he preferred O.A. No. 221 of 2023 before the Armed Forces Tribunal, Regional Bench, Kochi. Though the Tribunal partly allowed the application as per order dated 29.11.2023 directing the respondents to grant the petitioner second service pension, he was allowed arrears of pension only for three years prior to the date of filing of the Ori
Pension is a deferred portion of compensation for past service and constitutes a vested property right; once the entitlement is established, it must be granted from the date it became due, without be....
(1) Disability Pension – Right to receive disability pension is a valuable right and once found due, benefit of same has to be given from the date it became due – Same cannot be curtailed by restrict....
Pension is a deferred portion of compensation for past service and a vested right that cannot be curtailed or restricted to a three-year period by the state authorities on grounds of delay once entit....
Invalid pension eligibility extends to Armed Forces personnel invalided before the relaxation cut-off, upholding fairness under constitutional provisions.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
