MOD PAYS FOR IGNORING SUPREME COURT RULING: Veteran Prabjot Singh Chhatwal PLS Retd.

MoD pays for ignoring SC ruling
Vijay Mohan: Tribune News Service
Chandigarh, November 29The Delhi High Court and the Armed Forces Tribunal
have, cognizance in separate cases, imposed costs on the Ministry of Defence and
the Army for not takingdue 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 high court and the 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 kn.

Veteran Prabhjot Singh Chhatwal PLS Retd.
Mob.098554-09128,Tele-Fax.0175-5000896.