PIL against Centre’s move to challenge verdicts granting disability benefits to military personnel

Vijay Mohan

Chandigarh, February 27

The Ministry of Defence’s recent move to challenge almost all verdicts of the Armed Forces Tribunal (AFT) granting disability benefits to military personnel has come under the scanner of the Punjab and Haryana High Court.

1,000 appeals were dismissed by SC in 2014

Close to a thousand appeals filed by the Defence Ministry against disabled soldiers were dismissed by the Supreme Court in 2014, following which the then Defence Minister had constituted a high-level committee of experts that had come down heavily on the Army and the ministry for indulging in “ego-fuelled” litigation.

Taking up a Public Interest Litigation (PIL) filed by the Ex-Services Grievances Cell, Mohali, a Division Bench comprising Acting Chief Justice GS Sandhawalia and Justice Lapita Banerji has, in its order of February 26, sought response from the Central Government on the issue.

The PIL has contended that the new policy of the ministry, based on the advice of the Army’s Judge Advocate General will “flood the courts with en masse, unethical, damaging and unnecessary litigation against disabled soldiers and old pensioners.”

This is in total contravention of the directions of the Prime Minister and of high-level committees of the Law and Defence Ministries to end such litigation, besides burdening the exchequer and disabled soldiers, the PIL added.

The PIL also pointed out that pursuant to the PM’s intervention, the Defence Ministry has already withdrawn appeals from the Supreme Court in 2019, but is now flooding the courts again with exactly similar cases.

It has also been averred that the government had earlier decided to challenge only those verdicts which involve disabilities due to negligence, intoxication or substance-abuse, and that stress and strain of military service affects the health and longevity of soldiers.

The apex court has already ruled that the benefit of doubt is to be given to soldiers’ disabilities irrespective of the manner of exit from service or whether the disabilities have occurred in peace or field areas, the PIL stated.