Disability pension of jawan stuck for years, Tribunal calls Defence Secy for hearing

It was in April 2010, that the petitioner, Sepoy Ram Chandra, was allowed the disability pension. However, he was granted only “disability element of pension” and not given the service element of pension by the government. The petitioner, who got the relief, has not been able to get the benefit of the Tribunal’s order till date.

The bench had imposed a cost of Rs 25,000 on one of the officials at one hearing and then an additional cost of Rs 10,000 on the Director (Legal) of the MOD in April this year and asked the Director (PS-IV-Legal) to be remain present before it on May 5, 2014. However, the Director did not even appear on the date of hearing and nor seek any exemption. The bench then imposed a cost of Rs 10,000 upon the Director (PS-IV-Legal), to be paid personally.

In the latest hearing on Monday, the bench observed that “Since the order of the Tribunal dated April 12, 2010 has not been executed for more than four years in spite of orders imposing cost and the cost imposed upon the officer himself and despite sending a copy of the order May 4, 2014 order to the Secretary (Finance), Ministry of Defence, and the Defence Secretary. Therefore, we are left with no option except to direct the Secretary (Finance), Ministry of Defence, and the Defence Secretary to remain present before us on December 2, 2014 if the order is not implemented before that date and if the proceedings are not initiated for finding out the guilty officer who delayed the implementation of the Tribunal order”.