In a timely reminder, the Delhi High Court has cautioned the Centre against its persistent practice of contesting nearly every Armed Forces Tribunal (AFT) ruling that grants pensionary relief to soldiers, saying the government should in appropriate cases "graciously" accept the tribunal's decision rather than prolong needles litigation, according to a report by TOI.
The court advised the Union of India that, in appropriate cases, the government ought to "graciously" accept the tribunal's decision rather than prolong needless litigation.
The Centre had challenged the decision of the principal bench of AFT, Delhi, that granted special family pension to the widow of Major Sanjeev Chadha, who was found dead in the bathroom 25 years, detecting it as a case of brain haemorrhage due to hypertension.
In another order as recently as April, the Delhi High Court reaffirmed the importance of disability pension for soldiers, emphasizing that military personnel endure immense physical and mental stress in service to the nation.
The Division Bench of Justice C. Hari Shankar and Justice Ajay Digpaul upheld the grant of disability pension to two soldiers, rejecting the Union of India's appeals against decisions by the Armed Forces Tribunal (AFT).
The Court observed that service-related ailments and disabilities are an inherent risk of military life. “The bravest of soldiers is prone, given the conditions in which he serves the nation, to fall prey to bodily ailments which, at times, may be disabling in nature, rendering him unable to continue in military service. In such circumstances, the least that the nation can do is provide comfort and solace during the years that remain,” the Court remarked.
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