Consider Revising Disability Pension Policy For Ex-Army Men To Prevent Misuse Through Belated Claims : Supreme Court Tells Union

Expressing concerns over delayed claims for disability pensions by ex-army men, the Supreme Court today (July 15) asked the Union to consider revising its Policy to ensure there is no misuse of the law. The bench of Justice PS Narasimha and Justice AS Chandurkar was hearing a plea by the Union challenging the Delhi High Court's order, which, in a batch of petitions, upheld the orders of the Armed Forces Tribunal (AFT), which granted disability pensions to two ex-army men.Justice Narasimha informed the SG Tushar Mehta, appearing for the Union, that the Attorney General has already been asked to look into the present disability pension policy, considering that a large number of such matters are being filed for seeking disability pensions at a belated stage. He verbally expressed: "We had asked the Attorney General to look into this matter...look into it and get this policy examined. Why is it that so many people are coming, and these things are happening? After 15-20 years, they are coming, that is an abuse (of policy)." However, he further added that even in fresh cases, the government ends up challenging the AFT decisions, thus necessitating a policy review. "Even in a normal case where somebody works in Siachin or some other hard place....then also the government is coming. So we thought, this policy needs to be revamped." The SG replied that he had a meeting with the Defence Secretary and said, "We would request your lordships to lay down the parameters." Justice Narasimha interjected, "It's your policy! Why should we lay down? We will not even touch it." The SG explained that for delayed army pension claims, the Court's guidance would be imperative. Justice Narasimha suggested that the Union explore the possibility of a new policy which balances out the interests of the ex-army men as well as the Union. "Have a meeting and decide if you can come up with a new policy, by which both interests can be taken care of it." Agreeing to the same, the SG further stressed, in certain cases the pension policy is being abused by those who don't have a genuine claim for disability. He submitted : "We will also show how this jurisdiction is being abused by those who do not deserve (the disability pensions). Those who deserve, we (Union) should not come (challenging the claims).... a substantial part of the defence budget goes into this. And these are all generated litigations." Justice Narasimha, however pointed that one should not forget that the claimants have also served the country. He said :"It's not like that, they have served the country ....have a relook at the policy and ensure there is no misuse and at the same time-" "They are not brought to the Court unnecessarily, I bow down", the SG completed. The bench issued notice on the Union's SLP and listed it along with other similar batches of matters for hearing after 4 weeks. Case Details : UNION OF INDIA vs. GAWAS ANIL MADSO| Diary No. - 28845/2025 Click Here To Read/Download Order

Consider Revising Disability Pension Policy For Ex-Army Men To Prevent Misuse Through Belated Claims : Supreme Court Tells Union

Anmol Kaur Bawa

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