Supreme Court Pulls Up Centre For ‘Dragging’ Retired Personnel To Court, Asks For Policy

The Supreme Court on Thursday reprimanded the Centre for repeatedly dragging retired armed forces personnel to court and urged the government to establish a clear policy regarding such cases.

A bench of Justices Abhay S Oka and Ujjal Bhuyan expressed dissatisfaction over the Centre’s frequent appeals against decisions from the Armed Forces Tribunal (AFT) related to disability pensions, highlighting the unnecessary burden it placed on veterans.

The bench questioned why every armed forces member who had been granted a disability pension by the AFT should be involved in prolonged legal proceedings, especially after serving in the military for 15 to 20 years. “If an army personnel serves for decades and sustains a disability, and the Armed Forces Tribunal orders the payment of a disability pension, why should these individuals be dragged to the Supreme Court?” the bench remarked.

The Court emphasized the need for the Union government to create a policy that includes proper evaluation before filing appeals in cases involving military personnel. “The Union government must develop a policy. There should be a process to scrutinize whether an appeal is necessary before involving members of the armed forces in Supreme Court litigation,” the bench stated.

The justices also criticized the filing of what they referred to as “frivolous appeals,” warning that such actions could harm the morale of the armed forces. “We expect the government to decide whether it is willing to create a policy on this issue. If the answer is no, we will be forced to impose heavy costs for any appeal that seems to be without merit,” the bench cautioned the Centre’s counsel.

The case at hand involved an appeal by the Centre challenging the AFT’s decision to grant a disability pension to a retired radio fitter.

Court’s remarks highlight increasing frustration with the government’s practice of appealing rulings that favor veterans, signaling a potential shift in how similar cases might be handled in the future.

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