Delay in Implementation of AFT Orders on Grant of Disability Pension

Delay in Implementation of AFT Orders on Grant of Disability Pension

Disability pension is awarded to Govt servants and widely seen in Armed Forces veterans due to their harsh nature of duties. In civil service, CCS EOP Rules 2021 also denotes the same benefit to the affected disabled persons.  In Civil services, there is no such concept of Impairment relief.  Whereas civilian babus are mostly deployed in the indoor duties in AC Rooms.  So, a big anomaly has arisen in the Defence pension system.  PRA 2008 has defined and guided the grant of pensionary benefits including invalid pension and Disability pension.  

Since the duties of Armed Forces personnel is different from Civil services and usually they are put on harsh nature of duties in field and operational areas, disability of Armed Forces personnel is to be treated as attributable or aggravated by military service. At the time of joining the Armed Forces a comprehensive medical test is done for all ranks of entry.  So, any disability arises after joining the service to be treated as AFT and the same logic has been supported by the Appex Court.

Some Court/AFT orders are here which provide the various aspects of disability pension / pensionary benefits of Armed Forces veterans –

The Historical case of Dharamvir Singh Vs UOI & Ors (2013) — NANA CASES to be treated as aggravated / attributable to Military service and Disability Pension to be awarded.

The Imp judgment of Ram Avtar & Ors (2012) — ROUNDING OFF OF DISABILITY PERCENTAGE

The case of Sukhvinder Singh Vs UOI (2010) — INVALID OUT CASES DISABILITY % TO BE ASSUMED AS 20%

The Case of Ex Sapper Mohinder Singh Vs UOI (1993) — RMB OPINION CANNOT BE CHANGED BY HIGHER FORMATIONS (PCDA etc) 

The case of Madan Singh Shekhawat Vs UOI (1999) — CASUAL LEAVE OR ANNUAL LEAVE IS TO BE TREATED ON DUTY.

The case of State of Punjab Vs Rafiq Masih (2015) & Thomas Daniel Vs State of Kerala (2022) — RECOVERY OF ANY AMOUNT FROM RETIRING/RETIRED PERSON.

The case of  UOI Vs Surender SinghnParmar (2014) — DSC 2nd PENSION IN 14 YEARS OF SERVICE

The case of P.Ayyamperumal Vs Registrar CAT, Madras (2015) SLP (2018) — NOTIONAL INCREMENT (RETIRING ON 30 JUNE/31 DEC)

The case of Shiv Dass Vs UOI (2007) — ARREARS WILL BE GIVEN FOR LAST 3 YEARS OF ORDER/JUDGEMENT.

Hundreds of such important orders speaks themselves that the entitlement of disability pension can not be denied with an excuse of policy of the govt.   Recently it has been noticed that even after passing orders by AFT in favour of the veterans , MoD AG/PS has not granted the disability benefit to the veterans.  A number of Contempt to Court cases has been filed in AfT and higher Courts but MoD is still not in action. 

The bureaucratic negative decision against the legitimate entitlement of soldiers showing disrespect to the  real heroes of our country.  Govt authority must investigate the issue by forming a Committee on the matter and the officers responsible for unsolicited delay in obeying orders of Hon’ble Court must be cautioned accordingly.

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