War veterans with disabilities ask for immediate revocation of MoD orders
The association has said that the Department of Ex-Servicemen Welfare (DESW) of the MoD has re-opened cases against war-disabled/disabled veterans, widows of the Armed Forces, and other pensioners
The Disabled War Veterans (India) (DIWAVE) has raised “serious concerns” regarding the re-initiation of “massive litigation” by the Defence Ministry (MoD) against war veterans with disabilities and has asked the MoD and law ministry to revoke the “insensitive” and “ill-conceived” order immediately.
In a statement issued by DIWAVE president Captain (retd) NK Mahajan on Monday, which coincides with Veterans Day, the association has said that the Department of Ex-Servicemen Welfare (DESW) of the MoD has re-opened cases against war-disabled/disabled veterans, widows of the Armed Forces, and other pensioners. The litigation involves cases that were previously decided in favour of the veterans by various Benches of the Armed Forces Tribunal (AFT).
Talking to HT, Mahajan said, “There’s a letter from the ministry in October which has not been made public. The directive within the letter mentioned instructs the reopening of all cases, anticipating a significant increase in their number. Notably, the defense minister had explicitly stated in 2014 a commitment to not contest the rulings of the AFT, high court, or Supreme Court. However, there is a current defiance of this stance. Presently, two cases are actively progressing in the Punjab and Haryana high court.”
Secretary of DIWAVE, Lieutenant General (retd) VK Kotnala said that the ministry has taken this step to delay the payments that are to be made by the Controller Defence Account (CDA) and will cause harassment and fatigue amongst war veterans with a disability.
He said,” The government has started these measures to file the counter affidavit on the cases and people who have won these cases are very aged…this is one of the tacticsof the defence ministry to delay the payments to be made by the CDA.”
Upon enquiry, if the MoD has responded to the association’s concerns, Kotnala responded that none of the concerns have yet been addressed despite multiple letters sent to defence minister Rajnath Singh.
In 2014, the then defence minister Manohar Parrikar, declared the need to stop the practice of filing appeals against disability benefits for military veterans. A committee under the Law Ministry criticised the MoD for initiating unnecessary and “ego-driven litigation” against its former employees and mandated the withdrawal of such appeals. Following stern rebukes from the Supreme Court in 2018, the law ministry formed another committee that issued similar directives. In 2019, the defence minister at that time, Nirmala Sitharaman, withdrew all such appeals, aligning with the National Litigation Policy.
To be sure, The Ministry of Defence (MoD) in November decided to challenge numerous disability pension cases for retired soldiers in court, following the tightening of eligibility rules. Acting on MoD’s instructions, the Adjutant General’s branch directed legal cells of all Army commands to initiate writ petitions in jurisdictional high courts against various judgments from the AFT. This decision follows the introduction of the ‘Entitlement Rules for Casualty Pensionary Awards to the Armed Forces Personnel-2023 in September, aimed at recalculating disability pension for veterans.
An internal assessment by the Comptroller and Auditor General (CAG) revealed that 40% of officers were claiming disabilities to secure higher pensionary benefits. The new rules are expected to save approximately ₹4,000 crore annually from the existing pension outflow of about ₹10,000 crore.
Veterans argue that pressured by officers from the defence accounts department and the finance wing of the Ministry of Defence (MoD), the ministry resumed filing appeals in 2023 in the same resolved matters previously withdrawn. They said that this decision not only contradicts the Supreme Court’s rulings but also goes against the recommendations of two expert committees and the directives of both the law and defence ministers.
The chief of defence staff General Anil Chauhan had said in October that “the idea is not to save money for the government but to manage the armed forces cadre efficiently. What message do we send by having a large number of people in low medical category,”
The rules have been revised to streamline the procedure for assessment and entitlement without any ambiguity to avoid litigation, the defence ministry had stated in October.
The CDS had also responded to the concerns and said that the revised policy will not put armed forces personnel at a disadvantage vis-a-vis their civilian counterparts.
Mahajan responded to the ministry’s stance and said that the government acknowledges the overwhelming number of anticipated cases, involving extensive legal processes and financial burdens for war-disabled and disabled individuals. Reopening cases from 2015 and 2013 raises questions of potential harassment and a lack of commitment to justice. The inherently stressful lifestyle of military personnel, coupled with health issues, demands accountability. Challenging even Supreme Court decisions adds to concerns, suggesting a possible undermining of the justice system meant to protect the rights of those who served their nation.
HT also learnt that a hearing related to two cases pending in the Supreme Court on the matter has been adjourned on Tuesday at the request of MoD.
Retired wing commander Anuma Acharya took to Twitter to express her discontent and said, “We fully understand that such dishonesty is not only unethical and cruel to these disabled soldiers, but is also a serious betrayal of the interests of the soldiers who are fighting fearlessly and dedicatedly on the country’s borders. Correct this dishonesty with immediate effect.”
Brigadier(retd) V Mahalingam also took to Twitter and said,” If this is true, I would recommend that you step in to stop filing of appeals & writs against the disabled & widows. Having served the country risking their lives & limbs without any consideration for their old parents, young wives & children of impressionable age, they definitely don’t deserve such a treatment.
Filing cases would mean, the disabled & the widows running around lawyers & courts for those few thousands of rupees. Kindly see through the costs of litigation both for the individual & the government. “ He further asked PM Modi to get involved in the matter.
DIWAVE has expressed concern about the “disinformation campaign” against disabled soldiers and the lack of understanding about the impact of military service on soldiers’ health. It also mentions the potential negative repercussions on the morale of war-disabled/disabled veterans, their families, widows, and the defence community.
The appeal urges the current Defence Minister Rajnath Singh and Law Minister Arjun Ram Meghwal to withdraw the orders for such “massive litigation”, citing the settled decisions by the Prime Minister, successive Defence and Law Ministers, High-Level Committees, the National Litigation Policy, and the judiciary. The release warns that continuing with these legal actions may have significant consequences, affecting the morale of the defence community, burdening the exchequer, and causing a backlog in the courts.
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