Government of India
Ministry of Finance
Department of Ex-Servicemen Welfare
Rajya Sabha
Starred Question No. 155
Answered on 08th July 2019
Appeals Pending Against Grant of Disability Benefits

155. SHRI RAJEEV CHANDRASEKHAR:

Will the Minister of DEFENCE be please to state:

• the total number of appeals pending against grants of disability pension/benefits to soldiers in various courts and tribunals;
• the total number of pending appeals that have been withdrawn by Government vide its instruction in February, 2019 as announced by the Defence Minister on Twitter on 20 February, 2019;
• whether Government is considering all appeals filed against grant of disability pension/benefits against soldiers;
• if so, the timeline for the same; and
• if not, the reasons therefor?

ANSWER
MINISTER OF DEFENCE
SHRI RAJNATH SINGH

(a)to (e): A Statement is laid on the Table of the House

STATEMENT REFERRED TO IN REPLY TO PARTS (a) TO (e) OF RAJYA SABHA STARRED QUESTION NO.155, FOR ANSWER ON 08.07.2019 REGARDING ‘APPEALS PENDING AGAINST GRANT OF DISABILITY BENEFITS’.

(a)26 appeals are pending against the grant of disability pension before the Hon’ble Supreme Court of India.
(b)As tweeted on 20.02.2019 regarding withdrawal of 60 civil appeals filed by the Government of India in the Hon’ble Supreme Court, all these civil appeals have been processed for withdrawal from the Hon’ble Supreme Court. Out of these 60 civil appeals, 17 are related to disability pension.

(c)to (e)No, Sir. Ministry of Defence files Civil Appeals in the Hon’ble Supreme Court against the orders of Hon’ble Armed Forces Tribunals (AFTs) in consultation with LA (Defence) and Ministry of Law and Justice, in cases where orders of Hon’ble AFTs are against the existing Government policies/rules and involve huge financial implications. In case where Hon’ble Supreme Court has settled the law, no civil appeal is generally filed in the Hon’ble Supreme Court.

**********