"Look At The Human Side" : Supreme Court Suggests Union Govt To Grant Disability Pension To A Kargil War Veteran Discharged Due To Alcohol Dependency

A Bench comprising Justices D.Y. Chandrachud and Sudhanshu Dhulia noted that if the pension was not granted to the veteran by the Armed Forces Tribunal and he would have come before the Apex Court seeking the same, the Court could have 'shown him the door'. But considering the fact that he was granted pension by the Tribunal, it would not be in the interest of justice to interfere with the same. Saying this, the bench urged the union to look at 'the human side of justice'.

"He served in Kargil. He was granted pension. See, he has a family. Sometimes you have to look at the human side of justice. Create a small exception for this man. You seek instructions", Justice Chandrachud told Additional Solicitor General Madhavi Divan.

Ms. Divan had argued that his dismissal from the Armed Forces was on disciplinary grounds. Citing judgments of the Apex Court, she vehemently argued that alcohol dependency cannot amount to disability, especially in the Armed Forces. It was averred that since the discharge was on disciplinary grounds, the soldier is not entitled to disability pension.

Considering that any interference at this stage would be detrimental for the family members of the soldier, the Bench indicated that it was not keen to reverse the order of the Armed Forces Tribunal. The Tribunal had granted disability pension to the soldier, which was impugned by the Union Government before the Bench.

The matter has been adjourned granting opportunity to the ASG to seek the instructions of the Union Government.