04 July 2014

To:

Sh Narendra Modi,  Hon’ble PM of India,                                                                                                                                                 PMO, North Block, New Delhi-110001

Sh Arun Jaitley, Hon’ble Raksha Mantri                                                                                                                                      Ministry of Defence,  South Block, New Delhi- 110011

Sh Ravi Shankar Prasad, Hon’ble Law Minister                                                                                                                          Ministry of Law & Justice, Shastri Bhawan, New Delhi- 110001

Sh Mukul Rohatgi, Attorney General of India                                                                                                                                      N-234 A, Greater Kailash-I, New Delhi-110048                                                                                                                                                                            

CONTINUANCE AND FRESH INITIATION OF LITIGATION AND APPEALS IN THE SUPREME COURT BY OFFICIALS OF M O D AGAINST DISABLED AND WAR DISABLED SOLDIERS SUPPORTED BY GOVT LAWYERS, JUST AS WAS THE CASE IN THE UPA GOVT ERA, WHICH IS AGAINST THE INTENTIONS EXPRESSED BY THE HON’BLE PRIME MINISTER

Sirs

1.   The Hon’ble Prime Minister has made it known publically that he is against the massive amount of litigation initiated by the Ministry of Defence against its own disabled and war disabled soldiers in the Supreme Court. It may be pointed out here that maximum number of appeals filed by the Ministry of Defence under the UPA Govt and pending in the Supreme Court are against disabled and war disabled soldiers against their disability pension benefits amounting to (at times) as little as under Rs 1000/- per month. It is not only financially impossible for our soldiers to fight the mighty Govt at the Supreme Court level but also a morale wrecker to see the establishment fight tooth and nail against its own soldiers.

2.   The PM has made it known that he was not in favour of such litigation and this was emphatically highlighted even during his rally for ex-servicemen in Rewari, Haryana. The ruling party had also made this a part of the manifesto wherein it was emphasized that such appeals would be minimized.

3.   However, much against the wishes of the PM and the manifesto, govt lawyers, including those now appointed by the NDA govt, are continuing to fight pending cases against disabled soldiers and are also filing fresh cases on the instructions of the  Department of Ex-Servicemen Welfare (DESW) of the Ministry of Defence. It is learnt that thousands of more such cases are in line to be filed in the Supreme Court against relief granted to disabled soldiers by the High Courts and Armed Forces Tribunals. Approval of such appeals and massive litigation against disabled soldiers was given by the last Raksha Mantri, Sh AK Antony, on the demand of DESW.

4.   Many of such cases/appeals are against the concept of“broad-banding” of disability percentage of disabled soldiers who were released from service on completion of tenure or superannuation. Though the issue is now squarely covered by a judgement of the Supreme Court in Civil Appeal No 5591/2006 Capt KJS Buttar Vs UOI, allowed on 31^st March 2011, the Govt is still filing fresh appeals and not withdrawing pending appeals based on the said dicta. In fact, the DESW of MoD had obtained an opinion of the (then) Solicitor General Mr Gopal Subramanium on continuance of filing of such appeals and the Solicitor General had also advised the MoD to file a Review Petition in the ibid Capt KJS Buttar’s case. A Review Petition was  then filed by the UPA Govt (RP 2688/2013) but the same has also been dismissed on 21^st January 2014 effectively closing the issue once and for all. But still, by creating an artificial distinction and by looking for excuses, the MoD is continuing with the earlier UPA policy of forcing disabled military veterans to Court on the same very subject.

5.   Since it seems that the PM’s intentions and the contents of the Manifesto are not known to the Law Officers representing the current Govt in the Supreme Court, universal directions may kindly be issued to stop the harassment of such soldiers and for withdrawal of all litigation initiated against the soldiers specially disabled and war disabled soldiers in the Supreme Court. Suitable directions may also be issued by the Raksha Mantri to the Secretary of DESW and the Defence Services HQs.

6.   We have high hopes from the current Govt to look after the welfare and morale of our soldiers and veterans, and it would not only be ethically and morally, but also legally correct to initiate withdrawal of all such unprincipled litigation so as to boost the spirit of our soldiers and their families, rather than weaken it. 

7.   May we also request for an audience with the PM and the RM to apprise them for issues concerning the defence fraternity on date and time convenient to them.  A meeting for half an hour each with PM and RM are requested.       

Thanking You

Maj Gen (Retd) Satbir Singh, SM
Chairman IESM
Mob: +919312404269, 0124-4110570
Email ID: satbirsm@gmail.com

Copy to :-

General Bikram Singh, PVSM, UYSM, AVSM, SM, VSM, ADC Chief of the Army Staff & Chairman Chiefs of Staff Committee Integrated HQs of Armed Forces (Army) South Block, New Delhi-110011	For information please.
Admiral RK Dhowan, PVSM, AVSM, YSM, ADC, Chief of the Naval Staff Integrated HQs of Armed Forces (Navy) South Block, New Delhi-110011	-do-
Air Chief Marshal Arup Raha PVSM, AVSM, VM, ADC Chief of the Air Staff Indian Air Force Vayu Bhawan, New Delhi 110011 (Source-BC Vasundhara blog)