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Wednesday, November 19, 2014
Disability pension of jawan stuck for years, Tribunal calls Defence Secy for hearing
The Principal Bench of the AFT has ordered the Defence Secretary and Secretary (Finance) of the MOD to be present in the court at the next date of hearing in a case where the orders of the tribunal regarding disability pension of a jawan have not been implemented even four years after they were passed.
In fact, such has been the attitude of the authorities in the case of disability pension of a Sepoy that despite several orders and imposing costs on two different occasions of the government officials, the orders of the AFT were not complied with. Finally, the Principal Bench, comprising Justice Prakash Tatia, chairperson of the tribunal and the administrative member Lt Gen Sanjiv Langer were left with no option but to order the personal appearance of the Defence secretary and the Secretary (Finance) on the next date of hearing if the orders are still not complied by then.
It was in April 2010, that the petitioner, Sepoy Ram Chandra, was allowed the disability pension. However, he was granted only “disability element of pension” and not given the service element of pension by the government. The petitioner, who got the relief, has not been able to get the benefit of the Tribunal’s order till date.
The bench had imposed a cost of Rs 25,000 on one of the officials at one hearing and then an additional cost of Rs 10,000 on the Director (Legal) of the MOD in April this year and asked the Director (PS-IV-Legal) to be remain present before it on May 5, 2014. However, the Director did not even appear on the date of hearing and nor seek any exemption. The bench then imposed a cost of Rs 10,000 upon the Director (PS-IV-Legal), to be paid personally.
In the latest hearing on Monday, the bench observed that “Since the order of the Tribunal dated April 12, 2010 has not been executed for more than four years in spite of orders imposing cost and the cost imposed upon the officer himself and despite sending a copy of the order May 4, 2014 order to the Secretary (Finance), Ministry of Defence, and the Defence Secretary. Therefore, we are left with no option except to direct the Secretary (Finance), Ministry of Defence, and the Defence Secretary to remain present before us on December 2, 2014 if the order is not implemented before that date and if the proceedings are not initiated for finding out the guilty officer who delayed the implementation of the Tribunal order”.