Blind Laws: An Army Soldier suffered disability when on leave. Should he not be given disability pension?

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Law says No,………even if you and I may be of opinion that such Army Soldiers should be given some kind of pension…….

Because, even when he goes on leave, he continues to be an Army Man and he is liable to report on duty on short call.

WHO LOST THE CASE ?

One Talwinder Singh lost case in Supreme Court on 20th April, 2012

Union of India V/s Talwinder Singh 2012(5) SCALE 1

WHAT HAD HAPPENED TO HIM?

In 1990,When he was on leave, a Gulli from children’s play stuck in his left eye. His left eye got injured. The Army office denied disability pension on ground that this injury had nothing to with his military service.

In 2009, after 19 years legal battle in court, Punjab and Haryana High Court directed that he be given disability pension.

In 2012, Supreme Court, relying on settled law, cancelled HC order granting him disability pension.

MY PERSONAL VIEW BASED ON HUMANITARIAN GROUNDS

The fact that this man was batting in Courts for 22 years, and once High Court had given him disability, the order of HC could have been set aside, but pension granted by High Court should not have been cancelled.

Imagine his torture and his legal expanses for fighting this battle for 22 Years in Courts!

The Rules and Laws of Military need to be made humane for those who serve army.

Haresh Raichura

16/6/2012

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