Thursday, March 11, 2010

Discharged on request with undertaking- will not seek pension- illegal, arbitrary & bad in law

 Dear friends,

Here is a fit case that has come to light which reinforces that the principals of natural justice can't be overruled with illegal undertakings got signed from the outgoing employees. Disregarding the earlier rejection of the petition by lower court and also refusal from Punjab and Haryana High court, the Chandigarh bench of the Armed Forces Tribunal (AFT) decided the disability pension case in favour of the retired subedar, a day before i.e. on 09th March 2010.

The Subedar was discharged on his own request and the employer got an undertaking signed from him that he would not claim any pension. The court held it absoutely illegal, arbitrary and bad in law. Though the matter took a long time but finally some justice seems to be coming through.

This matter also indicates that specific courts can do much better job in rendering justice than a regular or general court. The same holds true for matters relating to disability- where our experience confirms that the Court of Chief Commissioner-Disabilities constituted under the Persons with Disabilities Act 1995 has done far better job while CAT and High Court went on against the petitioners in similar matters.

regards
SC Vashishth, Advocate-Disability Rights

To read from source click here:  VRS no ground for rejecting pension, says defence tribunal

The Chandigarh bench of the Armed Forces Tribunal (AFT) decided a disability pension case in favour of a retired subedar on Tuesday. The case had earlier been rejected by a lower court and the Punjab and Haryana High Court on the grounds that the army personnel had given an undertaking at the time of voluntary retirement stating he would not claim disability pension.

Citing the decision of the Division Bench of the Delhi High Court in the case of Mahavir Singh Narwal versus Union of India of 2005 in support of this case, the Chandigarh bench of AFT, comprising Justice Ghanshyam Prasad and Lieutenant General (retired) Justice N S Brar, decided that the lower court was neither legal nor justified and had wrongly rejected the suit of the petitioner.

The bench decided that the petitioner, former subedar Rohtash Singh, resident of Umrawal village, district Bhiwani, was entitled to get disability pension from the date of his discharge plus the arrears of three years prior to filing of the suit with eight per cent annual interest. It was stated that the rejection of Singh’s claim for grant of disability pension on the grounds that he was discharged from service at his own request and gave an undertaking that he would not claim any pension was absolutely illegal, arbitrary and bad in law.

Rohtash Singh joined the Regiment of Artillery on May 25, 1967. He had a head injury after he met with a serious accident on September 26, 1989.

The medical board proceedings conducted by the Military Hospital in Ambala Cantonment awarded him 30 per cent disability and he was discharged on September 1, 1992.

He approached the appropriate authority for the grant of disability pension, which was rejected by the Artillery Record, Nasik, on January 12, 1994, on the plea that he was discharged at his own request and hence not entitled for disability pension. He also filed an appeal against the rejection of his appeal which was also rejected by the competent authority on July 22, 1994.

The Punjab and Haryana High Court relegated the matter to the civil court on August 12, 2005. The civil court also rejected Singh’s appeal on the grounds that he was discharged from service at his own request on extreme compassionate grounds as per the Army Headquarters and he has approached the court after the lapse of nine years of rejection of his appeal.

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