Don’t drag retd members of armed forces to court, Centre told

New Delhi: The Supreme Court, for the third time in less than two months, has asked the Narendra Modi government not to drag retired members of the armed forces to court.

The apex court’s latest rebuke came on Thursday, while a bench was hearing an appeal filed by the Union of India against an Armed Forces Tribunal order granting disability pension to a radio fitter.

“Government of India should not drag retired members of the armed forces to court like this. We are showing magnanimity in not imposing costs on such appeals,” a division bench comprising Justice Abhay Oka and Justice Ujjal Bhuyan observed.

The apex court has asked the Centre to come up before the next date of hearing with a policy on filing of appeals against Armed Forces Tribunal orders.

In its order on Thursday, the bench said: “There should be some discretion. There should be some policy of who is taken to the Supreme Court. Maybe someone whose salary is very high and there will be higher monetary implications for the government by granting the disability pension.”

The apex court bench has given the Centre time till the next hearing to make a decision and inform the court.

“Each and every member of the armed forces who gets the relief of grant of disability pension from the tribunal need not be dragged to this Court,” the order said.

“As in case of tax matters we are of the view that the Government of India must evolve a policy. There has to be some scrutiny before a decision is taken to drag members of the armed forces to the Supreme Court. We call upon the Union of India to disclose whether it is going to take such a policy decision before the next date,” it added.

Justice Oka said: “You say whether you are willing to frame a policy. And if you say no then we will have to start imposing heavy costs whenever we find that the appeal appears to be frivolous.”

He said the Centre has to take a pragmatic view.

“Somebody works for 15, 20 years. There is some disability and order of the Tribunal to pay a disability pension. Why should these persons be dragged to the Supreme Court?” Justice Oka questioned.

In December last year, a Supreme Court bench comprising Justice Oka and Justice Augustine George Masih had expressed its annoyance over the Centre dragging to court the widow of an Indian Army soldier, who had died of cardiac arrest in 2013 during an operational activity close to the Line of Control in Jammu and Kashmir.

The soldier’s death was initially classified as “battle casualty” and later changed to “physical casualty.” The apex court had instructed the Centre to pay Rs 50,000 to the widow, who was granted all terminal benefits except Liberalised Family Pension.

The Armed Forces Tribunal had ruled in her favour which was challenged by the government.

“In a case like this, the respondent ought not to have been dragged to this Court, and the decision making authority of the appellants ought to have been sympathetic to the widow of a deceased soldier who died in harness. Therefore, we propose to impose costs quantified as Rs 50,000,” the court had said.

Around three weeks ago, another similar case had come up before the same bench which censured the government. “As it is, there are only a few people willing to serve in the armed forces. Why should the Union drag such people to this court? They have served the Union after all. Day in and day out, these matters are brought here. What was the purpose of setting up the AFT if all matters were to be brought here? These are your own people,” the bench said.