Veterans resent govt filing appeals in favourable cases: Veteran Prabhjot Singh Chhatwal PLS Retd.

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in today's Tribune for your information
Veteran Prabhjot Singh Chhatwal PLS Retd.
Mob:098554-09128. Tele-fax: 0175-5000896

Veterans resent govt filing appeals in favourable cases :
Tribune News Service
Chandigarh, December 25The Army’s continuation of filing
appeals against High Court orders granting relief to disabled
ex-servicemen in apparent violation of the settled legal
position has caused resentment among the service community.
In a letter written to the Ministry of Defence as well as the
Ministry of Law, ex-servicemen have contended that the
Department of Pensions of the Defence Ministry and the
Personnel Services Directorate at the Army Headquarters
are making it a point to file appeals against almost all
decisions of courts rendered in favour of disabled soldiers.
The said departments, the letter states continues to file
appeals against the decisions of single benches before
Division Benches and of division benches before the
Supreme Court, even when the law is well settled by
the apex court.
Highlighting some specific examples, the letter contends
that the ministry has been filing appeals by brushing
under the carpet, the legal opinion of the office of the
Solicitor General and verdicts of the Supreme Court.
A noting sheet obtained under the RTI Act on one such
issue showed that the Ministry of Defence ignored
legal opinion of the Solicitor General.
The letter contends that more than the logic behind
the decisions, it is the ego of the mighty government
machinery which swings into action once a verdict
is pronounced in favour of a petitioner. Further,
some departments tend to file frivolous, misleading
and unethical appeals not only leading to a burden
on the judiciary but also forcing a waste on the
exchequer and man-hours of public servants.
Ex-servicemen say that unnecessary litigation against
disabled soldiers not only causes extreme financial
and psychological distress to them but is also against
the overall spirit of the policy of the government in
this regard and the stated position of the Law Ministry.