Ministry of Defence
Deptt. of Ex-Servicemen Welfare
D (Pension/Legal)
Subject: – Processing of stereotype court cases for appeal – instructions to the Service Hqrs.
The Department has been processing hundreds of court cases of similar types tabulated below for appeal seeking advice of Law Officers through LA (Def.). The MoD has filed appeals in almost all types of cases as per advice earlier tendered by Law Officers through LA (Def.).
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S.No.
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Case type
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Opinion of Ld. SG/ Ld. ASG
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Status
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1.
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Extending benefit of broad banding of disability meant for “invalidated out” Armed Forces Personnel only to ineligible class of Armed Force Personnel- Retired/discharged/released (leading case of Ex Lt. Gen Vijay Oberoi, OA No. 329 of 2010 in AFT Chandigarh — case of post 1996 era Armed Forces Personnel retired on attaining age of superannuation)
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Ld. ASG Vivek K. Thanka opined in April 2011 go for appeal. Later on, on a separate reference the Ld. SG of India Shri. Rohinton F. Nariman seconded in November 2012 to go for appeal in all cases where broad-banding of disability has been allowed in Retired/discharged/ released cases.
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Civil appeal No. 2258 of 2012 stands admitted by the Hon’ble Supreme Court.
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2.
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Extending benefit of broad banding of disability meant for “invalidated out” Armed Forces Personnel only to ineligible class of Armed Force Personnel- Retired/discharged/release d (leading case of Ex Capt. K.J.S. Buttar, SLP No. 5591 of 2006-case of pre- 1996 era Armed Forces Personnel discharged on
completion of tenure).
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Ld. ASG Shri Harin P Raval opined in Sept. 2011 to go for review of judgement of Hon’ble Supreme Court in KJS Buttar’s case. Later on, on a reference separately Ld Solicitor General of India Sh. Rohinton F. Nariman seconded in November 2012 to 1 for review of decision in KGS Buttar’s case.
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The review petition stands filed before the Hon’ble Supreme Court.
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3.
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Granting disability pension to Armed Force Personnel whose IDs are assessed and graded by Medical Board as neither attributable nor aggravated (NANA) by
Military Service.
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Ld. Solicitor General of India Shri. Mohan Parasaran opined in September 2013 to go for appeal in case of Ex SEP Bashir Khan (2656219).F.N.PC to MFA/01792/614/DSCAC
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Drafting SLP is in process of being filed. Few appeal in “NANA” cases are filed in the Supreme Court.
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4.
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Granting benefit of trade rationalisation to pre-96 retirees from 01.01.96 irrespective of the Govt. instructions providing for flow of benefits from 01.07.2009 (leading case of Jai Narayan Jakhar, CWP No. 15400 of 2006).
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Ld. ASG Vivek K. Tankha has opined in March 2012 to go for appeal in all such cases decided after issue of Govt. policy letter dated 08.03.2010.
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Civil appeal has been filed in Number of cases decided on the basis of Jai Narayan Jakhar case.
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5.
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Granting parity of pension to Personnel Below Officer Rank (PBORs) and Other Rank (ORs) vis-à-vis Vice Roy Commissioned Officers even when the Table No. 133 tabulating pension of Vice Roy Commissioned Officers has been deleted from the Govt. instructions (leading case of Hardev Singh, OA No. 50 of 2010).
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Ld. ASGs have been opining to go for appeal in numerous cases of like nature.
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Civil appeal stands filed in number of cases decided by AFT in common order of Hardev Singh.
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6.
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Grant of Reservist Pension to ineligible Armed Forces Personnel not rendered
required length of 09 years of active service plus 06 years of reserve service, |
Ld. ASG (Shri P.P. Malhotra) has opined In case of G.C. Singh (260871),Ex AC-I to go for appeal as required length of
service (9 years regular + 6 years reserve service) is not rendered by the petitioner. F.N. Air HQ/41006/SP/454/PA(CC)
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Draft SLP received from Central Agency Section, Supreme Court. Forwarded to Service Hqrs for filing with supporting documents.
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2. Processing of each and every court case of the types mentioned above at the Department level increases paper work at various levels and delays process of filing of appeal.
3. It has been decided that henceforth court cases similar to the types mentioned above (S.No. 1 to S.No. 6) need not be submitted to the Department for processing for appeal. The Service Hqrs. may straight away process such cases for appeal in consultation with respective JAG without routing such cases to the Department. In case of difference of opinion, the Service Hqrs. shall submit such cases to the Department for directions.
4. This has approval of the Secretary (ESW).
(R.K. Verma)
Under Secretary (Pension/Legal-I)
JAG(Army, Air-Force, Navy), AG/PS-4(LeoaI), DAV (LC), PDPA (Navy)
MoD ID No. 1(11)2013/D (Pension/Legal) dated 02.01.2014
Source: http://www.desw.gov.in/
[http://www.desw.gov.in/sites/upload_files/desw/files/pdf/Stereotype-court-cases.pdf]
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