In what is being described as an act of variance with the Law Minister’s announcement of reducing government-filed frivolous litigation, the Ministry of Defence (MoD) is still filing appeals before division benches of High Courts against orders passed by Single Benches granting disability pension to voluntary retirees.
It may be recalled that 1998 onwards, High Courts have time and again held that the action of the defence ministry in denying disability pension to voluntary retirees was discriminatory and bad in law. In 2008, the Supreme Court also upheld the grant of disability benefits to voluntary retirees.
While forwarding proposals before the Sixth Pay Commission, the Defence Ministry had itself termed the rule denying disability pension in such cases as “archaic and out of tune with reality”.
The proposal was thereafter accepted by the pay commission, which directed the removal of this anomaly.
Ex-servicemen organisations are perturbed with the stand of the Defence Ministry in fresh appeals before the courts, wherein the ministry has justified the denial of disability pension to voluntary retirees whereas the same has already been held to be arbitrary by the SC and the pay commission acting upon the Ministry’s own statement.
Veterans have pointed out that such appeals filed by the Ministry are not only in total conflict with the SC’s verdict but also against the government’s own stand before the pay commission. They add that besides leading to extra burden the exchequer, this “unethical litigation” was also putting unnecessary work pressure on the government personnel concerned.
The MoD, on the other hand, has already released a circular authorising disability pension to voluntary retirees. Strangely, while the Courts had imposed no such restriction, the orders by the MoD stipulate that the new dispensation shall only be applicable to personnel retiring after January 2006.
Legal experts point out that the petitioner in the leading case on the subject, Mahavir Singh Narwal vs Union of India, decided by the SC, was a retiree of the 1980s. They contend that if a large number of voluntary retirees prior to 2006, have been granted disability pension by the courts, then the cut-off date imposed by the government was unfair and would only force earlier retirees to move court.
It may be recalled that 1998 onwards, High Courts have time and again held that the action of the defence ministry in denying disability pension to voluntary retirees was discriminatory and bad in law. In 2008, the Supreme Court also upheld the grant of disability benefits to voluntary retirees.
While forwarding proposals before the Sixth Pay Commission, the Defence Ministry had itself termed the rule denying disability pension in such cases as “archaic and out of tune with reality”.
The proposal was thereafter accepted by the pay commission, which directed the removal of this anomaly.
Ex-servicemen organisations are perturbed with the stand of the Defence Ministry in fresh appeals before the courts, wherein the ministry has justified the denial of disability pension to voluntary retirees whereas the same has already been held to be arbitrary by the SC and the pay commission acting upon the Ministry’s own statement.
Veterans have pointed out that such appeals filed by the Ministry are not only in total conflict with the SC’s verdict but also against the government’s own stand before the pay commission. They add that besides leading to extra burden the exchequer, this “unethical litigation” was also putting unnecessary work pressure on the government personnel concerned.
The MoD, on the other hand, has already released a circular authorising disability pension to voluntary retirees. Strangely, while the Courts had imposed no such restriction, the orders by the MoD stipulate that the new dispensation shall only be applicable to personnel retiring after January 2006.
Legal experts point out that the petitioner in the leading case on the subject, Mahavir Singh Narwal vs Union of India, decided by the SC, was a retiree of the 1980s. They contend that if a large number of voluntary retirees prior to 2006, have been granted disability pension by the courts, then the cut-off date imposed by the government was unfair and would only force earlier retirees to move court.
Source : Tribune 3rd Nov 2009
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