New Delhi: The Supreme Court on Thursday came down on the Central Government for 'dragging' retired armed forces personnel to court. The apex court stressed that the Government should frame a policy on issues pertaining to pension. It further stressed that the morale of the armed forces could not be let down by filing such pleas against the relief granted to them.
The apex court made these observations while hearing an appeal filed by the Central Government challenging the order of the Armed Forces Tribunal, which had granted disability pension to a retired radio fitter. A bench comprising Justices Abhay S Oka and Ujjal Bhuyan expressing its anguish and said each and every member of the armed forces, awarded relief of disability pension from the Armed Forces Tribunal, need not be dragged to the apex court. The bench emphasized it is of the opinion that the Centre must evolve a policy, and there should be some scrutiny before a decision is taken to drag members of the armed forces to the Supreme Court. The bench stressed that it is important to exercise some discretion in filing appeals before the apex court, and added, “There has to be some pragmatic view”.
“Army personnel work for 15 to 20 years and suppose there is some disability, and the order of the Armed Forces Tribunal directs payment of disability pension, why should these persons be dragged to the Supreme Court?” asked the bench. The bench deplored filing of frivolous appeals by the Central Government before the apex court. It said the morale of the armed forces could not be let down by filing such pleas against the relief. The bench asked, why personnel such as lance naiks, subedars and radio fitters be subjected to prolonged litigations. “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,” the bench told the counsel, representing the Centre.
