Disability pension arrears run from the due date, not 3 years back

If your disability pension was sanctioned late and paid for only 3 years before you applied, the Supreme Court has now confirmed you are owed more. In Union of India vs Sgt Girish Kumar, decided on 12 February 2026, the Court held that arrears must run from the date the benefit became due, not merely 3 years before your application. This page explains the ruling and how to claim the full amount.

Short on time? Jump to the step-by-step on claiming full arrears below.

This page is for people whose disability pension was sanctioned late and then paid for only a short past period.

• Ex-servicemen granted disability pension years after discharge, paid arrears only 3 years back.
• Central or state employees whose disability or invalid pension was settled late.
• Family members pursuing arrears on behalf of a disabled or deceased pensioner.
• Anyone told by a pension office that arrears are limited to 3 years before the application.

Note: this ruling does not create a new right to disability pension itself. It only fixes how far back arrears go once entitlement is already established.

Pension offices and some tribunals long applied a 3-year cap on arrears. The Supreme Court has now rejected that for disability pension. The table below contrasts the two positions.

Pension is not a bounty. It is property protected under Article 300A of the Constitution, which says no person shall be deprived of property except by authority of law. A disability pension that is lawfully due is part of that property.

The 3-year myth came from a habit of borrowing limitation-style reasoning. Courts and offices would say that even if you are entitled, you can only recover arrears for 3 years before you moved. That treated a continuing financial right like a one-time stale claim.

In Union of India through its Secretary vs Sgt Girish Kumar & Ors, 2026 INSC 149, decided on 12 February 2026 (bench of Justices P.S. Narasimha and Alok Aradhe), the Supreme Court rejected this for disability pension. The Court held that the right to disability pension is a valuable right and that “the benefit of the same has to be given from the date it became due. The same cannot be curtailed by restricting the benefit to a period of three years preceding the filing of the original application.”

The Court tied arrears to the cut-off date that fixes entitlement, that is 01.01.1996 or 01.01.2006 depending on the case, and noted the Union's own policy decision dated 18.04.2016. In short: once you are entitled, the back-pay clock starts at the due date, not at a self-serving 3-year line.

Establish that disability pension is already sanctioned in your favour and identify the cut-off date from which it became due. This is the date your arrears should run from. Keep your sanction letter, discharge documents, and any disability assessment.

Write to your pension sanctioning authority (for ex-servicemen, the relevant record office and PCDA / Defence Accounts; for civil employees, the pension cell). Ask in writing that arrears be released from the due date, not limited to 3 years. Cite 2026 INSC 149 and Article 300A. Send it by registered post and keep proof.

If the office is silent or evasive, file a Right to Information request under §6(1) of the RTI Act, 2005 for the file noting, the sanction order, the date entitlement was fixed, and the basis for any 3-year restriction. Use the AI RTI Drafter to draft it. A reply is due in 30 days under §7(1); silence is a deemed refusal you can appeal under §19(1).

If arrears are still capped, ex-servicemen can approach the Armed Forces Tribunal (AFT). Civil pensioners can file a writ petition under Article 226 before the High Court. Plead 2026 INSC 149 and Article 300A, and ask for arrears from the due date with interest. You do not need to prove a fresh entitlement, only that the cap is wrong.

• Disability pension sanction order and Pension Payment Order (PPO).
• Discharge book and disability assessment or medical board proceedings.
• Any letter limiting arrears to 3 years.
• Copy of your representation and the postal receipt.
• RTI reply or first-appeal record, if filed.

• Accepting a 3-year arrears cap as final. After 2026 INSC 149 it is not.
• Treating disability pension as a favour rather than property under Article 300A.
• Skipping the written representation and jumping straight to litigation.
• Missing the §19(1) first-appeal window of 30 days after an RTI refusal.
• Confusing this ruling with the separate question of whether you qualify for disability pension at all.

To: The Public Information Officer
[Pension sanctioning authority / Record office]

Subject: Information under the RTI Act, 2005

Under Section 6(1) of the RTI Act, 2005, please provide:
1. Certified copy of my disability pension sanction order and PPO.
2. The date from which my disability pension entitlement was fixed (cut-off date).
3. File notings showing the basis for limiting arrears to 3 years, if any.
4. Any office order or policy relied upon to restrict my arrears.

I am willing to pay the prescribed fee under Section 7(1). If any part is held
exempt, please sever it and release the rest under Section 10. If this office is
not the right authority, transfer it under Section 6(3).

Name, address, signature, date

No. It only fixes how far back arrears run once your entitlement is already established. If your disability pension is not yet sanctioned, that is a separate question. See our guide on how to apply for a disability pension in India.

From the date the benefit became due, that is your cut-off date, which the Supreme Court linked to 01.01.1996 or 01.01.2006 depending on the circumstances. They are no longer limited to 3 years before your application. Confirm your own due date from your sanction file.

Send a written representation citing 2026 INSC 149 and Article 300A. If it is refused or ignored, ex-servicemen can approach the Armed Forces Tribunal and civil pensioners can file a writ petition under Article 226. Use an RTI to obtain the sanction file first.

You can ask the tribunal or court for interest on the delayed payment when you plead your case. The Supreme Court treats pension as property under Article 300A, which supports full and timely payment. The exact rate is for the court to decide, so do not assume a fixed figure.

An RTI under §6(1) gets you the sanction order, the date your entitlement was fixed, and any order used to cap arrears. That paper trail is what you put before the tribunal. The AI RTI Drafter helps you write the request.

Central government pensioners can raise a grievance through CPENGRAMS. See our walkthrough on the pension grievance portal. For health benefits, ex-servicemen can check our guide to ECHS for ex-servicemen.

• Pull out your sanction order and note the cut-off date your pension became due.
• Draft a representation asking for arrears from that date, citing 2026 INSC 149 and Article 300A.
• Draft an RTI under §6(1) for the sanction file using the AI RTI Drafter.
• Read The RTI Playbook for the full appeal sequence.

• Union of India through its Secretary vs Sgt Girish Kumar & Ors, Supreme Court of India, 2026 INSC 149, decided 12 February 2026 (Narasimha and Aradhe JJ).
• Constitution of India, Article 300A (protection against deprivation of property).
• RTI Act, 2005, §6(1), §7(1), §10, §19(1).
• Union policy decision dated 18.04.2016, referred to in 2026 INSC 149.

• How to apply for a disability pension in India
• ECHS for ex-servicemen health benefits
• Pension grievance portal CPENGRAMS