The tragedy was that many of the veterans had kept the PM apprised of the situation on this issue.
Colonel R Hariharan
Supreme Court has
stepped in to dismiss 800 appeals filed by the ministry of defence against
disabled soldiers for settling their disability claims approved by lower
courts.
Thus the Modi government lost a great opportunity to recoup its
fast eroding goodwill among disabled veterans and military men of all hues, but
also their families.
The judgement has also set a bench mark for bureaucracy for showing
compassion while settling claims of any disabled person.
The fifth pay commission, also peopled by bureaucrats, made a
positive gesture to disabled soldiers to minimise subjectivity of medical boards
deciding the degree of their disability. It provided for upgrading those
assessed with a 50 per cent disability to be treated as 50 per cent while those
in the 50 to 75 per cent disability band would be considered as 75 per
cent. It also broad banded of those with 76 per cent disability to be
considered as 100 per cent.
But the legal tangle that followed is explained well by the eminent
military law expert major Navdeep Singh. The MoD, generally considered as a
spoil sport by many serving soldiers and veterans including chiefs, clipped it
to be applicable only for post-1996 disabled soldiers boarded out on medical
grounds.
It did not leave it at that. In January 2001, it added to the
agony, and disqualified those retiring on super-annuating from getting the
benefit. In yet another afterthought, the MoD in January 2010 clarified only
those who were prematurely released from service would be eligible for the
rounding off benefit.
One of the prominent "victims" of these serial actions
was Lt Gen Vijay Oberoi, a distinguished soldier who lost his right leg during
the 1965 Indo-Pak War. But despite being disabled he went on to become the vice
chief of army staff in 2001 before he retired. After revising the ruling, the
government dragged him to the Supreme Court in a dispute involving just
five per cent of the disability pension.
Of course, there was a series of cases filed by disabled veterans
affected by MoD decision. These came up before various armed forces tribunals.
While considering the case of Capt KJS Buttar, the Supreme Court ruled that
pre-96 disabled service personnel and those released on superannuation could
not be deprived of the benefit extended to others. The MoD would not let go; it
filed a review petition against the judgement. However, the Supreme Court
dismissed the petition in January 2014.
The tragedy of the pointless exercise was that many of the
veterans had kept Prime Minister Modi apprised of the situation on this issue.
But as it seems to be the norm than exception, it was the Supreme Court that
had to finally step in to do justice for the disabled to soldiers after the
government had let them down.
The disillusionment of servicemen over the failure of successive
governments to meet their just demands is back to pre-election levels. Their
only consolation is their counterparts in America and Britain are faring no
better; they are also playing round robin games with ministries and governments
to get their demands met. People seem to forget that soldiers are there not
only die for the country but also live in dignity.
Courtesy: DailyO | 3-minute read | 14-12-2014
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