Army pension row: Supreme Court pulls up Centre for 'dragging' retired personnel to court, asks for policy
1 month, 4 weeks ago

Army pension row: Supreme Court pulls up Centre for 'dragging' retired personnel to court, asks for policy

The Hindu  

The Supreme Court on Thursday pulled up the Centre for "dragging" retired armed forces personnel to court and asked it to frame a policy on the issue. A bench of Justices Abhay S. Oka and Ujjal Bhuyan said each and every member of the armed forces who was awarded relief of disability pension from the Armed Forces Tribunal need not be dragged to the top court and the Centre ought to exercise some discretion in filing appeals. An army personnel works for 15, 20 years and suppose there is some disability, and order of the Armed Forces Tribunal directs payment of disability pension. Observing "frivolous appeals" were being filed by the Centre, the apex court said the morale of the armed forces couldn't be let down by filing such pleas against the relief.

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History of this topic

Army disability pension row: SC slams Centre for 'dragging' retired army personnel to court
1 month, 4 weeks ago

Army disability pension row: SC slams Centre for 'dragging' retired army personnel to court

New Indian Express  

NEW DELHI: The Supreme Court on Thursday slammed the Central government for filing frivolous appeals against a retired army personnel, who had served for over 15 years. The top court's two-judge bench, headed by Justice Abhay S Oka and Justice Ujjal Bhuyan, passed these remarks after hearing an appeal filed by the Centre challenging the order of the Armed Forces …

Individuals Need Not File Separate Cases For Relief Granted To Others In Similar Cases Against Govt: Supreme Court
3 months, 2 weeks ago

Individuals Need Not File Separate Cases For Relief Granted To Others In Similar Cases Against Govt: Supreme Court

Live Law  

While granting relief to a female army officer by directing the grant of a permanent commission even though she had not pursued litigation, the Supreme Court reiterated that individuals are not required to separately litigate for the same relief that was obtained by other similarly situated individuals against the action of the government department. The reliefs granted to similarly situated …

Army Authorities Escaping Onerous Legal Obligation: Punjab & Haryana HC Upholds Grant Of 'Disability Pension' To Officer With Hearing Loss
3 months, 3 weeks ago

Army Authorities Escaping Onerous Legal Obligation: Punjab & Haryana HC Upholds Grant Of 'Disability Pension' To Officer With Hearing Loss

Live Law  

The Punjab and Haryana High Court has upheld Armed Forces Tribunal's decision to grant "disability pension" to an army officer who during the course of his service developed loss of hearing which was assessed by the medical board as less than 20% for life and was also declared to become aggravated by rendition of military service. In doing so the …

AFT Should Not Lightly Interfere With Views Of Medical Experts: Kerala High Court On 2008 Rules On Disability Pension For Ex-Army Personnel
3 months, 3 weeks ago

AFT Should Not Lightly Interfere With Views Of Medical Experts: Kerala High Court On 2008 Rules On Disability Pension For Ex-Army Personnel

Live Law  

The Kerala High Court held that the Armed Forces Tribunal should not lightly interfere with the opinion of medical board as to the nature of disability of ex-service personnel in the question of granting disability pension. The Court observed that whether the disability has connection to the personnel's service is a crucial factor for granting pension and it depends upon …

AFT Orders Disability Pension To Army Personnel Injured While Procuring Railway Tickets To Return To Posting, Says It Is 'Incidence Of Service'
1 year, 9 months ago

AFT Orders Disability Pension To Army Personnel Injured While Procuring Railway Tickets To Return To Posting, Says It Is 'Incidence Of Service'

Live Law  

The applicant's bike got imbalanced due to a stray cow while travelling to the station and his left leg was severely injured. The Release Medical Board held the injuries to be neither attributable to nor aggravated by military service and no benefits against the disability pension were extended. It said for getting disability pension, in respect of injury sustained during …

SC okays judicial review of Armed Forces Tribunal decisions by high courts
2 years ago

SC okays judicial review of Armed Forces Tribunal decisions by high courts

Hindustan Times  

High courts cannot be denied from correcting orders passed by the Armed Forces Tribunal, held the Supreme Court in a recent judgment that allowed high courts to interfere with pension and service-related matters decided by the tribunal. Litigants before AFT were denied of a valuable right of judicial redress before high courts The Court’s order became necessary due to a …

Disability pension remains bone of contention amid defence ministry’s unyielding attitude over ex-servicemen’s appeals
5 years, 9 months ago

Disability pension remains bone of contention amid defence ministry’s unyielding attitude over ex-servicemen’s appeals

Firstpost  

The Central Board of Direct Taxes’ 24 June circular bringing disability pension under the tax scanner is the latest bone of contention between the retired Armed Forces personnel and the government The Central Board of Direct Taxes’ 24 June circular bringing disability pension under the tax scanner is the latest bone of contention between retired armed forces personnel and the …

SC Relief To Widow Of ‘Schizophrenic’ Army Personnel [Read Judgment]
8 years, 1 month ago

SC Relief To Widow Of ‘Schizophrenic’ Army Personnel [Read Judgment]

Live Law  

There was no note of such disease or disability available in the service record of the appellant at the time of entering military service, the bench said.In a relief to the widow of a ‘schizophrenic’ Army personnel, the Supreme Court has ordered to pay the disability pension to her and other substituted legal heirs of Ex. There was no note …

Burden to establish disability to be unrelated to military service, for purpose of disability pension, lies on Government: SC [Read the Judgment]
10 years, 1 month ago

Burden to establish disability to be unrelated to military service, for purpose of disability pension, lies on Government: SC [Read the Judgment]

Live Law  

Holding that the burden to establish a disability to be unrelated to military service or aggravated by it rests on the employer, a Supreme Court Bench comprising of Justice T.S. "No sooner a member of the force is discharged on medical ground his entitlement to claim disability pension will arise unless of course the employer is in a position to …

Supreme Court rules in favour of disabled Ex-servicemen
10 years, 3 months ago

Supreme Court rules in favour of disabled Ex-servicemen

Live Law  

Hearing an appeal filed by the Department of Ex-Servicemen Welfare against a judgment of the Armed Forces Tribunal, the Supreme Court had to decide the question of benefits of an extra amount in pensions on account of disability due to service conditions of the ex-servicemen of the Army.The matter came to the Supreme Court as the former Vice-Chief Lt Gen …

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