Armed forces: SC recalls own order

At a time when the government is seeking a review of the Supreme Courts order of setting up a SIT in black money case.

At a time when the government is seeking a review of the Supreme Courts order of setting up a SIT in black money case,here is an instance where the apex court has recalled its own order passed in a case,where it had ordered the Central government to set up a five-member commission to look into grievances of armed forces personnel.

Giving a detailed order in November last year,the SC bench headed by Justice Markandeya Katju had fixed its composition,to the extent that suitable names of retired judges as chairman and vice-chairman were given to the Defence Ministry. The court had listed names of remaining members,fixing their tenure,salary structure and directed the government to set up the Commissions headquarters at Chandigarh.

However,this month the governments counsel seeking a recall of the order informed the court that for looking after the welfare of the ex-servicemen a scheme has been put in place by the Union of India. Under that scheme nodal officers have been posted all through the country and there are special schemes which have been introduced, Justice Katju noted in his order passed on July 5,2011 on the Centres application. In view of the above,we recall the Order dated 15.11.2010 passed by this Court, it added.

Issuing a statement on Monday,the Defence Ministry informed that the Department of Ex-Servicemen Welfare and the Union government through the then Solicitor General Gopal Subramanium,placed material before the court that the Department of Ex-servicemen Welfare as a comprehensive mechanism was already working in the government for the past several years. It emphasised that there was no need for a fresh commission to deal with the issue.

The order of setting up a Commission came on a plea by a 90-year-old war widow Pushpavanti,who claimed she was getting Rs 80 as monthly pension,forcing the bench to remark,The petitioner is getting only Rs 80 per month as pension,in these days when a kg of arhar dal costs that amount.

Regarding the particular case of petitioner Pushpavanti,the ministry said she is actually drawing a family pension of Rs 16,360 and not Rs 80 as incorrectly represented before the apex court.