📍नई दिल्ली | 3 months ago
Disability Pension: Strange it may sound but over 3000 appeals by Ministry of Defence alone is pending in Supreme Court of India and High Courts across the country against the death and disability benefits to armed forces personnels.
SUCH CASES IMPACT MORALE OF ARMED FORCES
A bench of Justices A S Oka and Ujjal Bhuyan while criticising the Union government for dragging armed forces personnel and their families to the top court over disputes related to pensions highlighted the adverse impact of such litigation on morale within the armed forces.
CENTRE SHOULD COME OUT WITH POLICY
Asking the Centre to come out with a policy to avoid such litigation stressed that personnel who have served the nation should not be subjected to unnecessary legal battles and said, “As it is, there are only a few people willing to serve in the armed forces.”
“Why should the Union drag such people to this court? They have served the Union after all. Day in and day out, these matters are brought here,” the bench observed.
WHY APPROACH SUPREME COURT WHEN AFT IS THERE
The top court was hearing an appeal by Centre against the Armed Forces Tribunal (AFT) order which had granted disability pension to a retired Indian Air Force officer diagnosed with hypertension and diabetes.
“What was the purpose of setting up the AFT if all matters were to be brought here? These are your own people. They have served the Union after all,” the bench said while dismissing the appeal by Centre
WHAT WAS THE CASE
The officer, who served for over three decades, was diagnosed with Type 2 Diabetes Mellitus and Primary Hypertension after 30 years of service. While the Release Medical Board (RMB) initially denied attributing these conditions to his service, AFT found that the rigorous Air Force training and associated stress and strain likely contributed to their development.
Armed Forces Tribunals: सुप्रीम कोर्ट बोला- श्रीनगर, जम्मू, शिमला और धर्मशाला में बनें AFT की बेंच, तारीखों पर पेशी के लिए नहीं करना पड़े लंबा सफर
AFT granted the officer the benefit of rounding off his disability pension percentage to 50%, citing a prior Supreme Court judgment that extended this benefit to retired personnel.
TOP COURT SLAPPED FINE ON CENTRE FOR UNNECESSARY LITIGATION
Last month, top court had also slapped penalty of Rs 50,000 on the Union government and the Indian Army for forcing a soldier’s widow into unnecessary litigation. She had to fight for years to secure a family pension after her husband, Naik Inderjeet Singh, died during a counter terrorism patrol in Jammu and Kashmir.
NEED FOR MORE BENCHES OF AFT
Earlier this month, the top court had mooted to have more regional benches of AFT and had said, “Can we have the regional bench in Chandigarh, and then like we have done in Family Courts, they can hold circuit bench in Jammu, Srinagar, that will give opportunity to local Bar to assist them. It will also lead to cost-effectivity, access to justice for Himachal matters, they can go to Shimla and Dharamshala basic infrastructure is available. High Courts can also provide some that kind of system can help expedite hearings and reduce cost of litigation also. A retired army official coming all the way to Chandigarh, that also can be avoided.”