Supreme Court Criticises Centre For Filing Appeals Against Grant Of Disability Pension To Army Officers

The Supreme Court has criticised the Union Government for filing appeals against the grant of disability pension to army officers, even in matters where the legal position is settled.

A bench comprising Justices Sanjiv Khanna and Bela Trivedi made the critical observations while dismissing an appeal filed by the Centre challenging a direction of the Armed Forces Tribunal in a matter related to disability pension of a retired Lt.Colonel.

"We must observe and express our displeasure at the manner in which the appellants have been filing appeals against grant of disability pensions, even where the legal issue is settled", the Bench observed while dismissing the appeal Union of India versus Piyush Bahuguna.

The appeal was filed against a 2018 order of the AFT (Chandigarh Bench) which allowed the claim of the officer for rounding-off of the disability element of his disability pension to the extent of 50% as against 20%.

The AFT passed the order following the Supreme Court's judgment in Union of India versus Ram Avtar (2014).  In Ram Avatar, the Supreme Court held that the benefit of rounding-off of disability element is available not just to officers who were invalidated out of service, but also to officers who superannuated after completion of tenure. In that case, the Supreme Court had also directed that all Tribunals and High Courts must take note of the dismissal of the Union's appeal.

"The dismissal of these matters will be taken note of by the High Courts as well as by the Tribunals in granting appropriate relief to the pensioners before them, if any, who are getting or are entitled to the disability pension", the Court had observed in Ram Avtar.

Case Title : Union of India versus Piyush Bahuguna, Diary No. 10713/2021

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