SC refuses to interfere with pension of Army Jawan discharged for alcohol dependency

The Supreme Court on Monday refused to interfere with the order of the Armed Force Tribunal (AFT) granting a pension to an Army jawan, who was discharged from service due to his alcohol dependency.

A bench of Justices DY Chandrachud and AS Bopanna accepted the Centre's contention that it should not become a precedent and ordered that in the facts and circumstances of the case, it is not interfering with the order of the AFT.

Additional Solicitor General Madhvi Divan, appearing for the Centre, said that the order of the AFT should be set aside otherwise it would become a norm and increase indiscipline in the force.

The bench said that it is upholding the order of AFT in the facts and circumstances of the case.

On August 1, the top court said that it has to look at the human side of justice and urged the Centre to carve out an exception to continue the grant of disability pension to the Army jawan, who was discharged from service due to his alcohol dependency.

''We have to understand the circumstances that he was posted in. He was deployed in Kashmir and we know the hardship they serve in. We judges are also human beings. Every day we see coffins being carried back. He has a family to look after. We have to see the human side of justice also. Let us leave it there,'' it had said.

The top court had asked Divan, appearing for the Centre, to seek instruction and try to carve out an exception that his disability pension is not discontinued.

The apex court was hearing an appeal filed by the Centre against the order of the Armed Force Tribunal (AFT), which has granted a pension to Jawan Naginder Singh, who fought in the Kargil war.

At the outset, Divan had said that a pension cannot be granted if he is discharged from services on disciplinary grounds, and in this case, he was discharged due to alcohol dependency.

The top court had said that the government should approach the issue from a broader perspective looking at the circumstances he has worked in and his family.

Divan had said that if that parameter is applied then other cases will also come forward and alcohol dependency is considered a serious disciplinary issue in the armed forces.

The top court, however, had asked Divan to seek instruction and make an endeavour to carve out an exception, so that he can continue getting a disability pension. PTI MNL MNL RKS RKS

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