In Brief
A soldier discharged on medical grounds after sustaining a jaw injury during service claimed disability pension. His original claim was misplaced and subsequently rejected. After 28 years, he filed a writ petition, which was allowed by the High Court's Single Judge for arrears from the date of discharge. The Union of India appealed, challenging the arrears award on grounds of laches. The Supreme Court dismissed the appeal, holding that equity favoured non-interference with arrears already received. Even if disability pension entitlement were questionable, payments already made should not be recovered from the beneficiary.
The lawyer headnote and full judgment text are available to registered users.