Veterans’ painful battle for disability pension and benefits need urgent attention: MP Rajeev Chandrasekhar

Veterans’ painful battle for disability pension and benefits need urgent attention: MP Rajeev Chandrasekhar

Urges Defence Minister to create an implementable mechanism for dispute redressal.

 

03 June 2016 , New Delhi : Rajeev Chandrasekhar Member of Parliament today organized a panel discussion on Veterans Welfare on the issue of “Continued appeals in disability pension/pension cases & the need for an implementable mechanism for dispute redressal “

 

This discussion was in continuation to his long standing efforts for Veteran Welfare that he has been actively involved in since he took oath as a Member of Parliament 10 Years back.

 

Speaking at the event , MP Rajeev Chandrasekhar said “ I am concerned over painful battles soldiers have to fight for disability pensions / benefits. It is an issue I have raise time and again with successive government and Ministers of Defence” I would recommend that there should be no appeal in disability cases rather a strong process of audits to weed out mis represented cases should be put in place”

 

There are currently over 16000 cases related to the uniformed services pending before the various courts and tribunals in the country. Almost 90 per cent of the total appeals filed by the Ministry of Defence comprises challenge to the disability benefits to the soldiers.

 

Mr. Chandrasekhar further added “There should be audits to check cases instead of appealing against all. Those who serve have to fight and imaginary enemy.”

The Prime Minister and the Raksha Mantri have on various occasions voiced their concern about the welfare of men and women in uniform. Both have also called for reduction in litigation by the Government against defence personnel and this had also found place in the BJP Manifesto 2014 (Page 39) – “Implement measures to improve the efficiency of Armed Forces Tribunals, and minimize appeals by the Government.”

 

Speaking at the event Lt Gen M Sabharwal (Retd) (Former Adjutant General of the Indian Army) said “Attitude towards the veterans have changed – those who are serving must also look after those who have retired”

 

Lt. Gen V K Chaturvedi (Retd) (Former Director General Manpower Planning & Personal Services) said “People in charge in MOD should be from the Armed Forces as they will be sensitive towards soldiers”

 

Colonel H N Handa (Retd) (1965 War Veteran, President, Disabled War Veteran’s (India) who was also part of the panel said “The long planned veteran’s commission must be put in place and the Raksha Mantri’s committee of experts report recommendation must be implemented. There is frustration on denial of justice”

 

Major Navdeep Singh (Retd) (Veteran, Lawyer and Member RM’s Committee of Experts) spoke at the event and said “The Political Executive needs an Iron Fist. They need to realize that Litigation is not war and they have to assist the court to settle matters and not fight to “Win “cases.

 

Major D P Singh (Retd) (Kargil Veteran, India’s Blade Runner, Member RM’s Committee of Experts) said “It took me 7 years to get justice. The officers concerned with looking after disability matters should be chosen for his strong sense of values and sensitivity. The officials who create complication in disability matters should be held personally and financially responsible”

 

Sandeep Unnithan (Executive Editor, India Today magazine) said “A military covenant is essential to value what our armed forces personnel do. It is one reform we need to put in place on priority. Mr. Rajeev Chandrasekhar had introduced it in the Parliament as a Private member bill , which has been pending for over 6 years now”

 

Unnithan also added that “The Ministry of Defence needs to get on the Social Media and address veteran’s directly just like the railways and the ministry of external affairs. It will go a long way to have an open channel of communication

 

However, the last few years have witnessed an increasing amount of litigation initiated by the Government. Most of the Civil Appeals/SLPs filed by the Ministry of Defence (MoD) and pending in the Hon’ble Supreme Court are against the disability benefits awarded by Courts and Tribunals to disabled soldiers.

 

Mr. Rajeev Chandrasekhar, Member of Parliament has raised this issue several times in the Parliament and with successive Ministers of Defence through letters. In February 2014, Mr. Chandrasekhar in a strongly worded letter to the then Defence Minister, Mr. A.K Antony had urged that the government withdraw the controversial order which had suggested that Ex-Servicemen who challenge the government on the matters of pension and disability matters would have to fight their battles up to the Supreme Court. This letter was acknowledged by the Defence Minister leading to withdrawal of the order.

 

In July 2015, the Raksha Mantri Shri Manohar Parrikar constituted a Committee of Experts for review of service and pension matters including potential disputes, minimizing litigation and strengthening institutional mechanisms related to redressal of grievances.

 

The step was in line with the Prime Minister’s vision that Government departments should concentrate on core issues of governance rather than wasting time and resources on unproductive activities. The Committee submitted its report on 24 November 2015. The report was declassified by the MoD in February 2016.

 

However, once again media reports on the issue of fresh instructions by the Ministry of Defence and the Army Headquarters to Government lawyers to start filing appeals in the Supreme Court, against pension granted to disabled soldiers by the Armed Forces Tribunals and the High Courts made headlines in April 2016. This came within weeks of the Defence Minister himself having expressed concern over the routine filing of appeals in the Supreme Court earlier in February 2016, and issuing guidelines to process the proposals by the Defence services headquarters on whether to file an appeal or not. In April 2016 Mr Chandrasekhar once again wrote to the Defence Minister voicing his concern over continued filing of appeals in disability pension cases against soldiers pointing that soldiers and their families should not have to undergo a long, arduous and often, expensive battle in the courts.

 

Disabled veterans and widows of soldiers continue to struggle for settlement of their disability benefits and pensions at various levels – with the Government of India, their respective State Governments and other related Departments. Despite many interventions, recommendations, media reports citing disability cases being dismissed by the Hon’ble Supreme Court, disputes continue.