P&H High Court 'Deplores' Centre For Not Following SC Rulings On Ex-Servicemen Which Have Attained Finality, Burdening AFT With Cases

The Punjab and Haryana High Court has criticized the Union Government for its insensitive attitude towards the rights of ex-servicemen, observing that the Armed Forces Tribunal (AFT) is being overwhelmed with litigation due to the government's failure to comply with a Supreme Court ruling. Justice Sanjeev Prakash Sharma and Justice H.S. Grewal said:"We are daily finding ex-servicemen approaching the AFTs for their rights which stand already crystallized by final judgments of the Supreme Court. Unnecessary litigation is being burdened both before the AFT as well as before this Court on account of insensitiveness and an attitude for not complying with the Supreme Court's judgments which have attained finality. We deplore the approach adopted by the Union of India towards their own ex-Army personnels."The Court was hearing a batch of petitions filed by the Union Government challenging the order of the Armed Forces Tribunal, wherein it had granted disability pension to former army personnels.Counsel appearing for the Union submitted that the disability element of disability pension as rounded off to 50% from the date of Review Medical Board i.e. from 06.03.2009 was unjustified.The Court found that the AFT followed the judgment passed by the Supreme Court in K.J.S. Buttar vs. Union of India, [2011 STPL (Web) 316 SC], as well as final judgment passed in the case of Union of India vs. Ram Avtar, [Civil Appeal No.418/2012 decided on 10.12.2014], to direct payment of the arrears.The bench noted that the Ex-Servicemen was re-assessed to disability of 30% with effect from 06.03.2009, whereas the same was required to be rounded off in view of the final judgment passed in Ram Avtar (supra). However, the rounding off was not done by the petitioners which prompted the concerned ex-servicemen to approach the AFT.The AFT had accordingly passed an order rounding off disability element of disability pension @50%, it added.Counsel for the petitioners informed about an interim order dated 09.05.2025 passed in SLP No.21084/2025 titled as 'Union of India and others vs. Azad Singh, wherein the Supreme Court has stayed the operation of the directions for arrears beyond three years before filing of the application, relying on an earlier order passed in the case of Union of India through its Secretary and others vs. SGT Girish Kumar and others in [Civil Appeal Nos.6820-6824/2018], wherein it was at the behest of the ASG who stated that the arrears for the period of three years prior to the date of filing of the original application would be paid.The consent of Additional Solicitor General cannot be said to be a law laid down by the Apex Court for payment of arrears for only three years prior to filing of application, said the Court.It opined that the liberal interpretation has to be given to the laws, and to limit claim only to a period of three years would be a travesty of justice.In the light of the above, the Court opined that the AFT has therefore rightly granted the benefits of arrears. It thus dismissed the pleas moved by the Central government. Ms. Geeta Singhwal, Sr. Panel Counsel for the petitioners in CWP-5069-2025.Mr. Rohit Verma, Sr. Panel Counsel for the petitioners in CWP-7786-2025.Ms. Neha Jain, Sr. Panel Counsel for the petitioners in CWP-7874-2025.Title: UNION OF INDIA AND OTHERS v. No.3363188-W EX SEP SWARAN SINGH AND ANOTHERClick here to read/download the order

P&H High Court 'Deplores' Centre For Not Following SC Rulings On Ex-Servicemen Which Have Attained Finality, Burdening AFT With Cases

Aiman J. Chishti

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