MOD PAYS FOR IGNORING SUPREME COURT ORDERS TO GRANT DISABILITY PENSION TO VETERANS : Vet.Prabhjot Singh Chhatwal PLS Retd.

Dear Veterans,

Regards. Find below the Rulings of Delhi High Court and Armed

Forces Tribunal imposing costs on Milinstry of Defence for ignoring

Supreme Court orders regarding Diability Pension to veterans.

MoD pays for ignoring SC ruling :

Vijay MohanTribune News Service

Chandigarh, November 29. The Delhi High Court and the Armed

Forces Tribunal have, in separate cases, imposed costs on the Ministry

of Defence and the Army for not taking due cognizance of a Supreme

Court order pertaining to grant of pension to disabled veterans and

filing appeals contrary to the “settled legal position”.

The Supreme Court had earlier ruled that disabled ex-servicemen

are entitled to pension even it they have sought retirement voluntarily.

The MoD, however, is continuing to file appeals against the order of

single benches of high courts allowing pension in such cases. Disability

pensionary benefits were not being released by the MoD to voluntary

retirees though the Supreme Court had held voluntary retirees

entitled to disability pension in 2008.

Acting on a petition file by Bachan Singh, a resident of Ludhiana, the

Delhi Bench of the AFT had a few days ago, imposed a fine of Rs 25,000

on the Adjutant General’s branch. The Bench observed that the

approach of the authorities was casual, which drove poor personnel

to unnecessary litigation when the issue stood decided by the Hgh Court

and Supreme Court.

The AFT order also quotes a recent case where the Delhi High Court had

imposed costs of Rs 25,000 on the MoD for denying disability pension to

a voluntary retiree contrary to the settled legal position.It is learnt that

the MoD had filed appeals against benefits granted by the courts to

disabled veterans by sweeping under the carpet the legal opinion of

the office of the Solicitor General.

Even after a bunch of judgments of the Supreme Court upholding

an earlier decision by the Delhi High Court, the Legal Advisor of the

MoD had recommended further SLPs in similar cases. The matter

was then referred to the Solicitor General’s office for opinion. The

Additional Solicitor General, however, clearly opined that similar

matters had been decided by the Supreme Court and had attained

finality and such cases were not fit for SLPs.

Army Headquarters also requested that the MoD sanction disability

pension to voluntary retirees citing that the same would result in

reduction of court cases on the subject. The Army HQ had further

pointed out that cases were “being contested by the government

despite knowing the settled position of law.”

Veteran Prabhjot Singh Chhatwal PLS Retd.

President,

Indian Ex-Services League, Punjab & Chandigarh.

Mob.098554-09128,Tele-Fax.0175-5000896.