ARMY TO CUT LITIGATION CASES INVOLVING VETERANS
Vijay Mohan
Tribune News Service
Chandigarh, August 14, 2011
In a proactive move to reduce litigation, the Army Headquarters (AHQ) has asked all army commands to ensure that contested litigation concerning retired personnel are withdrawn where the issue involved is well settled by previous judgments.
The Adjutant General’s (AG) branch at AHQ has issued directives to officers in charge of litigation at the Armed Forces Tribunal (AFT) and the High Courts that cases involving settled legal position in the favour of veterans should not be contested in courts since it results in unnecessary financial strain on former defence personnel as well as the Union of India.
Sources said this is for the first time that such orders have been issued. The AG’s branch has also issued specific direction to its officers that cases where medical board recommendations in favour of disabled personnel have been wrongly overruled by administrative authorities should not be contested and should be withdrawn.
The AG’s branch has also directed that cases should also not be contested where individuals with non-service related disabilities are medially boarded out with a little less than 10 years of service which is the minimum qualifying service required for invalid pension in cases of disabilities which are neither attributable to nor aggravated by service conditions.
The AG’s branch has further sensitised military authorities that individuals with non-service related disabilities should not be boarded out if they are nearing the minimum service limit of 10 years for earning an invalid pension. There is no minimum service requirement however to earn disability pension in cases with attributable or aggravated disabilities.
A large number of veterans have welcomed the AG’s directives. In recent times objections were raised by many veterans’ organisations on the tendency of the Defence Ministry of appealing against all pensionary decisions rendered by Courts in favour of defence veterans. “The directions issued by the AG is salutary move that is in line with the National Litigation Policy and which would reduce the burden on poor litigants as well as the courts, leaving time for more complex matters to be litigated,” Maj Navdeep Singh, President of the AFT Bar Association said.
The courts are flooded with pension related litigation, with disability pension claims forming the bulk. While the military authorities per se try to be helpful to disabled personnel, most of the litigation is directed towards non-adherence of rules by medical boards while determining attributability or aggravation of disabilities and towards the CDA authorities whom veterans say are insensitive to the problems of former soldiers.
Source: Tribune News
Sir,
ReplyDeleteIt is NOT done by AG's branch on its own. Neither it was a humane
touch, exhibited by it. It was forced to do it. Details:-
I was behind two cases pending in AFT CHennai. I submitted that the
Jawans were sent home just few days before completing 10 years of
qualifying service, and presented the Army's
Rulings permitting 'condonation of few months of short fall
in qualifying service'. I pleaded that the Army Authorities had not
condoned the short-fall of 15 and 21 days of short-fall in
qualifying service in their cases,that had they condoned the said short-falls,
the Jawans would have got their Invalid Pension, that the Jawans would
not have come to the HC/AFT at all;
Instead of going thro' the merits of the case, the AFT Chennai found it
convenient/short-cut, took note of the Army order, and directed the
Authorities to condone and pay Invalid Pension. It was all in March, April 2011.
I followed the AFT Order thro repeated RTI Petitions; Then came the AG's
order as well as approval of Invalid Pension in both the cases I fought from behind.
And, please note that in the said order, Army has admitted that "though there
is provision in the Rules to condone the short-fall, we never condoned it in
any case". And, also note, it is cheaper to condone and pay, instead of fighting
it in courts. So, Army has ordered so NOT on any humane-reason.
Any way, now the Jawans would NOT be knowingly discharged JUST FEW DAYS earlier
to their completion of 10 years of service - so as to DENY the meagre Invalid
Pension. To that extent, Jawans are relieved of this piece of Injustice.
R. Mohandoss, Krishnagiri (TN) 9486348532