Supreme Court unhappy over govt's appeals against disability pension given to Army officers

New Delhi, March 29

The Supreme Court has expressed displeasure over the Centre filing appeals against disability pension given to Army officers, even in cases where the legal position is settled.

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“We must observe and express our displeasure at the manner in which the appellants have been filing appeals against grant of disability pensions, even where the legal issue is settled,” a Bench led by Justice Sanjiv Khanna said. It dismissed the Centre’s appeal against an order of the Armed Forces Tribunal (AFT) in a case of disability pension of a retired Lt Colonel.

The AFT (Chandigarh Bench) had in 2018 allowed his claim for rounding off the disability element of his pension to the extent of 50 per cent as against 20 per cent in view of the Supreme Court’s 2014 verdict in the Union of India versus Ram Avtar in which it was held that the benefit of rounding off disability element was available not just to officers invalidated out of service, but also to officers who superannuated after completion of tenure.

“The dismissal of these matters will be taken note of by high courts as well as tribunals in granting appropriate relief to the pensioners before them, if any, who are getting or are entitled to the disability pension,” the top court had noted in its 2014 verdict.