Proactive measures by the AG’s branch for reducing unnecessary litigation, especially for disabled personnel

Probably for the first time in history, the current Chief and the AG with his team have taken various proactive steps to bring down litigation involving veterans and their families providing the much required succour to the ex-service community.

It has been discussed umpteen number of times here on this blog that in certain areas unnecessary litigation was being thrust upon veterans and their families and the problem was even more severe in cases involving disabled personnel. Firstly, it had been observed that certain policy letters issued by the MoD were totally devoid of logic and then the interpretation of some other policies by certain authorities was diametrically opposed to the actual spirit behind the said policies. Also it was observed that cases in courts were egotistically handled and taken as an affront to the ‘system’.

Not anymore.

The Army HQ, perhaps for the first time, has identified gaps in pensionary provisions which require correction. Though taking up of such issues had been a continuous process earlier too, the current crop of officers is doing the same with a vigour that was sadly missing in the past and the effort would show better results this time for sure due to the concentrated nature of the zeal being displayed. It is also being ensured that minimal appeals are filed in pensionary matters within the four corners of the powers delegated to the Services HQ. The boldness of action, rightly and justly exercising delegated powers, and pointing out anomalies to the Government is also a healthy sign of an apt democratic decision making process.

The best part of some of the recent decisions taken by the Personnel Services Directorate, and more specifically PS-4 (Legal), is that record offices have been directed to withdraw from appeals and cases in which the law or even govt policy is well settled. The record offices have been directed to process such cases for grant of benefits suo moto on filing of a case by a veteran since such litigation results in wastage of resources of veterans as well as the govt. Some of such issues where litigation has been ordered to be withdrawn are - cases where disabilities were declared as attributable / aggravated by the medical board but rejected by the office of PCDA(P) or administrative bodies, cases where disabled OR and JCOs had been refused grant of disability pension on the pretext of having been ‘discharged at own request’ etc.

Apart from rectifying anomalies at the objective policy level which basically involves the MoD, we need to carry out certain in-house subjective changes as well, especially in the arena of disabled personnel. The well meaning Chief’s declaration of 2011 as the ‘Year of the disabled soldier’ should be taken as a clarion call by the M-Block and the DGAFMS should initiate some proactive, and at places revolutionary, measures to ensure that the guidelines determining attributability and aggravation of disabilities due to service conditions are made more practical, medical, modern and humane. The plethora of litigation in this field is not because of MoD policies but because of a mathematical approach being followed by us which is far removed from the practical realities on ground. We are continuously closing our eyes to the fact that military service does involve more stress and strain than other professions. It is a fact universally recognised and accepted, and India cannot be, and is not, an exception.

With the correct attitude already in place, 2011 may actually lead to some very important positive changes in this area which may be subtle, but absolutely pertinent for the psyche and morale of our former and current service members.