Tribune News Service Chandigarh, December 25, 2009
The 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.
Veterans resent govt filing appeals in favourable cases
Dear Veterans,
Palwinder Kaur struggling for Family Pension even after 20 Yrs.
1. We are chasing The Sikh LI Regt, non- stop for the last about 2 yrs, but they have their own style & pace of working. We do not understamd, what they are waiting for to do their basic duty.
2. Media coverage (The Tribune) dt 26/12/09 as above. MOD opposing tooth & nail to ensure that disabled ESM do not get their legitimate Disability Pension even after winning Court cases in High Courts by ESM. MOD's attitudes against ESM community are the same in other ESM Grievances cases for Justice, as well.
God bless them also a Happy New Year.
Regards.
Col SS Sohi (Retd)
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