Celebrating Republic Day Due To Armed Forces Patrolling Border, Centre Must Be 'Alive' To Their Situation: P&H HC On Failure To Issue Disability Pension

The Punjab & Haryana High Court has taken a stern stand on the failure of the Union Government to grant disability pension to a retired Armed Forces Officer following the Supreme Court's directions.In an order passed on January 23, a bench of Justice Sanjeev Prakash Sharma and Justice Meenakshi I. Mehta said, "In another three days, we are going to celebrate the 76th Republic Day, and the entire celebrations of Independence and Republic Day are basically on account of our Army Forces performing strenuous duties at the borders and even challenging the counter-terrorism. The Union of India and its authorities are therefore required to be alive to their situations."The Court said further that, retired armed forces officers are disciplined people who are in the age of 80s and above, and are coming before the High Court and before the Armed Forces Tribunals (AFT) for claiming their rights, which ought not have been done as the State being a welfare State is required to perform its duties and provide the relief, once it has been so entitled by the Supreme Court.These observations were made while hearing the plea of the Union Government challenging the decision of AFT to grant the rounding off disability pension to 50% in terms of judgment rendered by the Supreme Court in Union of India and others vs. Ram Avtar, on the ground that the army person had approached the AFT after a delay.Speaking for the bench Justice Sanjeev Prakash said, that pension is neither a bounty nor a charity extended to a retired Army Personnel who has suffered disability during the course of service, and on account of aggravation of disability, is given disability pension.The bench noted that several orders were passed by the AFT holding that the percentage of disability has to be rounded off to 50%, 75% and 100% considering that initially the concerned Military persons were invalidated on account of disability less than the same.The orders passed by the AFT were ultimately confirmed by the Supreme Court in Ram Avtar's case, it added.The Court observed that in light of Apex Court's decision, which is judgement "in rem", the Union of India and its authorities were bound to extend the benefit of rounding off to all the existing pensioners, and their disability pension was required to be enhanced to 50%, 75% and 100% wherever the disability was found to be less than 50%, 75% and 100%, as the case may be."We are pained to observe that the Union of India has failed to perform its duties and issue directions to the Pension Department to act accordingly. The pensioners, whose rights were crystallized by the judgment passed by the Supreme Court in Ram Avtar (supra), had to approach the various AFTs for claiming the rounding off," it added.Justice Sharma highlighted that the "Supreme Court had in clear terms directed the High Courts as well as the Tribunals to grant relief to the pensioners. Thus, all the existing cases were also directed to be disposed of in the same terms. However, it seems that the directions of the Supreme Court have been left to be taken care of by the Union of India."The bench opined that the approach adopted by the Union of India through the Army authorities was wholly unjustified and an act of attempting to flout the Supreme Court's orders passed in Ram Avtar's case.While noting that in the present case, the order which was challenged was passed by AFT in 2018, the Court said, "We have no clue as to why the order was not implemented. The concerned authorities would have to be accountable in such matters."Consequently, the plea was dismissed.Title: UNION OF INDIA v. JC 428517 EX SUBEDAR ANOKH SINGH AND ANOTHERCitation: 2025 LiveLaw (PH) 37Mr. Charanjit Bakhshi, Sr. Panel Counsel, UOI for the petitionerClick here to read/download the order

Celebrating Republic Day Due To Armed Forces Patrolling Border, Centre Must Be 'Alive' To Their Situation: P&H HC On Failure To Issue Disability Pension

Aiman J. Chishti

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Celebrating Republic Day Due To Armed Forces Patrolling Border, Centre Must Be 'Alive' To Their Situation: P&H HC On Failure To Issue Disability Pension

Aiman J. Chishti

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