Case Note & Summary
The case involved a dispute regarding the payment of disability pension to a respondent who was invalidated from the Indian Army on 13.11.1983. After initially being granted disability pension for 38 months prior to his writ petition in 1999, the respondent sought a Letters Patent Appeal, which was allowed by the Division Bench of the High Court on 6.12.2006, entitling him to arrears from the date it fell due and interest on those arrears. The Supreme Court examined whether the High Court's decision to grant 16 years of arrears was justified. The court discussed the principles of continuing and recurring wrongs, referencing previous judgments that established that a continuing wrong allows for claims beyond typical limitation periods. However, the court noted that while service-related claims could be based on continuing wrongs, the delay of 16 years in this case affected the claim for arrears. The court concluded that the High Court should have restricted the relief for arrears to three years prior to the writ petition's filing date and set aside the Division Bench's order, restoring the Single Judge's decision. The court emphasized that interest on arrears should not have been granted under these circumstances.
Headnote
A) Service Law - Disability Pension - Payment of Arrears - Disability pension should be paid from the date it fell due - The Supreme Court held that the High Court was not justified in directing payment of arrears for 16 years, and should have restricted it to three years prior to the filing of the writ petition. The court restored the order of the learned Single Judge which limited the arrears to three years (Paras 6-7).
Issue of Consideration
Whether the High Court was justified in directing payment of arrears for a period of 16 years instead of restricting it to three years.
Final Decision
The Supreme Court allowed the appeals, set aside the Division Bench's order, and restored the Single Judge's order limiting the arrears to three years prior to the filing of the writ petition.
Law Points
- continuing wrongs
- recurring wrongs
- disability pension
- limitation
- laches
