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Sunday, January 26, 2014

SC dismisses Review Petition filed by Ministry of Defence seeking reversal of disability benefits to disabled and war disabled soldiers

On 31 March 2011, in the case of Capt KJS Buttar Vs Union of India, the Hon’ble Supreme Court had directed that the benefit of broad-banding of disability element shall be admissible with effect from 01 Jan 1996 to pre-1996 retired/discharged disabled personnel too and the same shall also apply to those who were released on completion of terms or superannuated and not only to those who were invalided out on medical grounds.

As expected, the Ministry of Defence did not universally implement the decision and kept insisting that the decision was not in consonance with ‘govt policy’ which the said Ministry strangely feels is above judicial pronouncements of the highest court of the land.


And then in late 2013, in the utmost salutary traditions of the Ministry of Defence, the govt filed a Review Petition before the Supreme Court seeking review and reversal of the judgement rendered by the Court in Capt Buttar’s case.

However, thankfully, the said Review Petition of the Govt has been dismissed on 21 Jan 2014 by the Apex Court on the grounds of delay as well as merits.

Do not expect any positivity though and wait for the next round of sadism!





17 comments:

WG.CDR.V.SUNDARESAN(RETD) said...

Kudos to MOD. can this type of treatment happen to civs?or do other ministries also follow this dictim? like railways,finance,ST, shipping,P&T, telecom etc? why only our own MOD gets these ideas, may be just save money and get a good name from FM,PM...? disgusting>
v.sundaresan

Anonymous said...

Why is the Secretary DESW not slapped with Contempt Petition or maybe a PIL !!!!

Anonymous said...

Maj Navdeep Singh, your updates hurts us further. Is there any end to it. Only this week you informed stereotype cases. For retired /affected persons there is Clear signal ie is to approach SC and not MOD.

Anonymous said...

Defeat after defeat of SLPs of MOD.Isn't there a system to take these fellows responsible for such adverse verdicts to task,and blame them for their mindless/irresponsible actions?

Lt Col(Retd) A N Ramachandran said...

Dear Maj Navdeep,
Thank you very much for keeping us posted on this latest heartening directions issued by the Hon'ble Supreme Court.No sane, just, and impartial person can now deny to the Indian disabled soldier his rightful dues in terms of the benefits that accrue out of (1) brodbanding of disability percentages and (2)such broadbanding made applicable in the case of discharged/superannuated cases also.And further, that the benefits shall take effect from 01-01-1996. But as we all know, the MoD is biased against the Indian soldier if one is to go by the countless appeals they have filed in the Supreme Court against the soldier. The fear you have expressed that the MoD may not implement the directions of the Hon'ble Supreme Court in the instant case is very real. Though these benefits have been extended to the civilian employees with effect from 01-01-1996 by the DoPPW GOs of year 2000 and 2001,it could prove to be futile for the Indian soldier to nurse the hope that the same benefits shall be extended to him/her also, Supreme Court directions notwithstanding. A long and arduous struggle lies ahead for the Indian disabled soldier!

Suresh Sarine said...

LT COL SK SARINE(Retd)

I would like to know as to how many Political Leaders sons and daughters are in the Services ? Answer is surprisingly NIL (May be very insignificant figure, I doubt). Of late we find that even after the verdict of Supreme Court,MOD IS quiet reluctant in giving the just benefits to the soldiers. No one wants to become disabled and live with a stigma of being so.Sir, only the wearer knows where the shoe pinches. I am sure the broad banding of percentage disability was considered and decided after due deliberation , if so then why hesitation at this stage.Disability,it self is being categorized under different heads to ensure that by hook or crook benefit does not reach the individual. Decision by the AFTs & High Court(where require)must be honored and conceded.

Natarajan V said...

@ Wing Commander VS/ D -Maj NS ji... All are fully aware that as far as old pensioners are concerned, below the Addl Secy levels, all sail in the same boat. I and my fellow pre 2006 pensioners have been fighting for the Sixth CPC Correct mod parity pension (so also the Military Pensioners). Though we have won our battle at PR Bench Cat / DHC/ HSC at SLP stage and RP stage, Govt has not relented to implement the orders of the courts to pay the Correct Pension wef 1 1 2006 and instead they chose to implement a correct minimum revised pension wef 24 9 2012 for all (civil & military). Our contempt case is due for hearing at PR Cat on 12 Feb 2014. When I raised RTI queries for file note copies, the DOPPW dilly-dallied .. and now in reply to my RTI APPEAL dt 5 Jan 2014, I had been informed that the UOI is going for filing a CURATIVE PETITION against us wrt the dismissed REVIEW PETITION......VN

rrj1639 said...

Dear Maj Navdeep Singh,
As I see MOD is not obliging even supreme court orders
It interprets its own way
They have done it in case of RANK pay case which has put serving and retired officer to loss of atleast 3 Lakhs per individual
Why separate inferior treatment to defence people where as it should be
better than civilian

Col RS Raghu (Retd) said...


It appears SC is the only genuine entity who has got consideration towards the ESM. Had it not been so, MOD would have taken away our pension also.
What are our offrs serving in senior appts doing?!!!

Lt Col M Raghavan (Retd) said...

Lt Col M Raghavan(Retd)

Dear Major Navdeep

Thanks for your tireless efforts to keep us promptly informed about all the service benefits and issues.The service and ex service men are to fight till last drop of their blood not only to safeguard the honor of motherland but also to get each penny of their legitimate entitlements.The MOD shamelessly file SLPs and review petitions whenever the honorable courts in the country pronounce a favorable judgement in the case of ex servicemen.There are unlimited number of such cases. Why can't we consolidate all such cases and give to all important national dailies and the TV channels like Times Now, Headlines Today, CNIBN and 24x7 to show how the Govt of India and the MOD treat their ex servicemen who have given their life safeguarding the interest of the motherland. Let their be a national debate on the subject. It is the right time when the parliament election is around the corner.Can the RDOA or Maj Navdeep who have all the relevant information do this? Let the nation know badly we are treated by the bureaucrats and MOD.
January 31,2014 at 10:00 PM

rgkadam said...

I agree with the previous comments. I still fail to appreciate that how come MOD manages to defy even honorable Supreme Court orders not once but time and again. is it above the law and no one can see their game not even honorable Supreme Court.

Ess Kay said...

dear maj Navdeep,
thanks for the update. why we blame babus/MOD. fault lies with our own senior bosses in uniform who are least concerned for an ordinary soldier(veteran). they are so self centered and greedy that even after reaching highest possible level( how many reach by merit we all know) they prostrate in front of babus/netas for obvious reasons forgetting their one of prime responsibility to look after the interests of their men.

brig sk dhingra, vsm (retd)

Anonymous said...

further update
read the following

http://centralgovernmentstaffnews.blogspot.in/2014/01/stereotype-court-cases-of-defence.html

Kuldip said...

Dear SK
Ditto. We all know the truth, but is it not time that we try and get out of the clutches of some of the self- seeking senior officers and try to right the matters through righteous means available to us, independent of service HQs?
Kuldip Choudhary

Pokar Ram said...

Sir,

Can you kindly give link to the Hon'ble SC decision since the same is not found in the SC site.

vinay pandey said...

please provide Review Petition No. filed by the Union of India in KJS Buttar case where review petition has been dismissed on 21 Jan 2014.

Col. P. N. Chaturvedi

Anonymous said...

Dear Maj Navdeep,
It is such a shame to read this blog and analyse the apathy of the MoD in granting Disability Pension as directed by the Hon'ble Supreme Court of India. Don't you think its time that cases for Contempt of Court be filed against bureaucrats by NAME NOT APPOINTMENT, who disregard the directives of the Hon'ble Supreme Court and Dishonour the Soldiers, the Saviors, the Hero's of the Nation by being so insensitive to their causes, such as DISABILITY and they should be dragged to the court and let them answer the Hon'ble Supreme Court as to WHY and in WHAT capacity they had the guts to disregard its dictates.
Secondly, the Hon'ble Supreme Court be requested to give a time line by which its orders need to be implemented failing which those who disregard it should be jailed and meted the most stringent and examplary punishment, so that no one dares to disregard the Orders of the Hon'ble Supreme Court of the Nation.
Finally Maj Navdeep, thank you for being the SAVIOUR for the Soldiers of this unfortunate Nation where the Patriots are ill-treated and the corrupt call the shots.