Haryana: sailor has no disability pension 10 years after orders | Chandigarh News


CHANDIGARH: In a case highlighting the apathy of the defense authorities, a former Indian navy sailor, disabled and living in dire scarcity, has been awaiting the start of his pension for 10 years even after winning his case against the army Forces Tribunal (AFT) and the Supreme Court. Instead of releasing his pension, the Navy filed a request with AFT to further delay the pension and that offer was rejected by the court this week.
Mohinder Pal Singh, originally from Rohtak district in Haryana, was invalidated from the Indian Navy in 1995 with 40% disability for “psychosis” without any pension. After that, he lived a life of extreme scarcity with a health problem where it was difficult to make ends meet. However, with great difficulty, he applied to the High Court of Punjab and Haryana in 2001 and challenged the Navy’s refusal to award him a disability pension.
Disabled soldiers keep waiting for their benefits
The case was transferred to AFT in 2010 and in 2011 it ordered the Navy to release its disability pension and three-year arrears before the brief petition was filed in the High Court.
However, instead of releasing the pension, the Navy appealed to SC and refused to release the disability pension although there was no suspension by the Supreme Court.
In 2019, the Minister of Defense ordered the defense services to withdraw appeals against disabled personnel and the appeal was “rejected as withdrawn” by the highest court.
Despite the dismissal of the appeal in December 2019, Singh’s pension was not released. On the contrary, a request was filed by the Navy with the AFT asking the court to clarify whether the three-year arrears were to be paid from the date of filing of the brief request to HC or from the date on which the case was transferred to AFT.
The claim has now been dismissed by the court which expressed surprise and recorded that it was “ill-conceived” since it was clearly stated in the order itself that the arrears had to be paid before the petition was filed. brief.
Many lawyers familiar with the matter say the situation in many such cases was becoming increasingly ‘disgusting’ with disabled soldiers and military widows having to wait indefinitely for their allowances as the defense services did not take due account. court orders and do not come into action only when the HC or Supreme Court is involved.
A government lawyer dealing with Navy affairs admitted on condition of anonymity that there was a tendency for the Navy to file multiple petitions and review requests to deny and delay benefits and this was done in “almost every case. cases ”, even against the recommendations of government lawyers.


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