LT Col K.C. Chandra Bhanu Vs Union of India (Kerala High Court)
Summary: The Kerala High Court considered a writ petition challenging the order dated 30.05.2017 passed by the Armed Forces Tribunal, Regional Bench, Kochi in O.A. No. 217 of 2016. The writ petition was filed on 09.04.2026. The petitioner contended that the Tribunal, while partly allowing the original application, had restricted the monetary benefit of arrears of the disability element of pension and rounding off to a period of three years preceding the filing of the Original Application. According to the petitioner, once the right to receive disability pension was recognised and found due, the benefit had to be granted from the date on which it became due and could not be curtailed to three years preceding the filing of the Original Application.
The respondents opposed the writ petition on the ground of delay. It was submitted that the Tribunal’s order dated 30.05.2017 had already been implemented and that the writ petition was filed after a lapse of 8 years, 10 months and 10 days. The petitioner sought to justify the delay by relying upon the subsequent decision of the Supreme Court in Union of India through its Secretary & Ors. v. SGT Girish Kumar and Ors., contending that the decision recognised disability pension as a valuable right and held that, once found due, the benefit was payable from the date it became due. The petitioner also relied upon an Allahabad High Court decision which had allowed writ petitions despite substantial delay on the basis of the Supreme Court decision in Girish Kumar.
