High Court Slams Defence Ministry for "Insensitivity" on Disability Benefits

Strategic Insights -

The Punjab and Haryana High Court has criticized the Ministry of Defence (MoD) and the Indian Army for showing "insensitivity and an attitude of non-compliance" in challenging the disability benefits of disabled soldiers. The court observed that the government's approach towards its own ex-Army personnel is unacceptable. The case involved the broad banding of disability benefits, which was initially granted only to those who were "invalided out" and not to those who retired or superannuated. The court had ruled that such benefits would be entitled to disability pensioners irrespective of their date of retirement or type of discharge.

Key Takeaways:

  • The Punjab and Haryana High Court has criticized the MoD and the Indian Army for showing "insensitivity and an attitude of non-compliance" in challenging the disability benefits of disabled soldiers.
  • The court observed that the government's approach towards its own ex-Army personnel is unacceptable.
  • The case involved the broad banding of disability benefits, which was initially granted only to those who were "invalided out" and not to those who retired or superannuated.
  • The court had ruled that such benefits would be entitled to disability pensioners irrespective of their date of retirement or type of discharge.
  • The MoD had challenged such benefits in the Supreme Court and high courts across the country, despite the law being well-settled on various facets of disability pension.
  • The MoD had filed thousands of writ petitions in other matters of disability pension, war injury pensions, or any other financial benefit granted by the Armed Forces Tribunals (AFTs) to any soldier or a soldier's widow.
  • The decision to challenge every such order was taken in 2023 when coercive action was directed against senior officers of the defence accounts department for non-implementation of court orders.
  • The Delhi High Court imposed costs from Rs 15,000 to Rs 50,000 on the MoD in cases filed against disabled soldiers.
  • The Supreme Court awarded costs of Rs 50 lakhs to a soldier suffering from HIV who had been refused pension or disability pension by the Army.

Statistics:

  • The MoD had challenged over 1,000 cases of disability pension in the Supreme Court, which were later dismissed in 2014.
  • The MoD had filed over 1,000 writ petitions in other matters of disability pension, war injury pensions, or any other financial benefit granted by the AFTs to any soldier or a soldier's widow.
  • The Delhi High Court imposed costs ranging from Rs 15,000 to Rs 50,000 on the MoD in cases filed against disabled soldiers.
  • The Supreme Court awarded costs of Rs 50 lakhs to a soldier suffering from HIV who had been refused pension or disability pension by the Army.
  • The then Defence Minister Nirmala Sitharaman had directed her officers to withdraw such litigation from courts in 2019.

Sources:

  • Punjab and Haryana High Court decision in the case of Sarwan Singh vs Union of India.
  • Supreme Court judgment in the case of Union of India vs Subedar Harphool Singh.
  • Delhi High Court judgment in the case of Union of India vs Subedar Major Jawahar Lal Sharma.
  • Report of the Comptroller and Auditor General of India on the implementation of court orders relating to disability pension.