LexPUSHPA VANTI versus UNION OF INDIA & ORS.
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A B [201 O] 13 (ADDL.) S.C.R. 784 PUSHPA VANTI v. UNION OF INDIA & ORS. (Writ Petition (c) No. 291 of 2010) NOVEMBER 15,2010 [MARKANDEY KAT JU AND GYAN SUDHA MISRA, JJ.] ARMED FORCES: c Pension - Claimed by a widow of Army Major - Court noticing wide-spread discontent among the serving and former members of armed forces and their widows and family members regarding their service conditions, pension etc. and Jack of proper attention by bureaucrats to their grievances - 0 Court appointed Armed Forces Grievances Redressal Commission - The term of the first Commission fixed for two years from the date of its constitution - The subsequent Commission shall be appointed by the Central Government - Directions about Headquarters and set-up offices of the E Commission, sitting of the Commission etc given - It is made clear that the Commission swould be different from the Armed Forces Tribunal, in as much as the Commission would be a recommendatory body and not an adjudicatory body and would not be confined to following the relevant rules relating to service conditions, pension etc. but can recommend F change of the same, if required - Claim of the petitioner shall stand referred to the Commission for its consideration expeditiously - Commissions and Inquiries - Setting up of Armed Forces Grievances Redressal Commission - Service Law - Pension. G H CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil) No. 291 of 2010. (Under Article 32 of the Constitution of India). 784 PUSHPA VANTI v. UNION OF INDIA & ORS. 785 Dr. Ramesh K. Haritash, B.B,. Trikha, Bansuri Swaraj, A Savita Devi (for Dr. Kailash Chand) for the Pettioner. Gopal Subramaniam SG, Anirudh Kumar, Subhash Kaushik, Anil Katiyar for the Respondents. The following Order of the Court was delivered ORDER 1. In this case we had issued notice to the respondents on 17.9.2010 but no counter affidavit has been filed. B c 2. The petitioner before us in the present case is a widow Pushpa Vanti, whose husband was an army major who had fought in three wars (in 1948, 1962 and 1965) and was decorated with fourteen medals. However, the petitioner is getting only Rs.80/- per month as pension, in these days when D a kilogram of arhar dal costs that amount. She has prayed for fixation of her correct pension and arrears. 3. The Indian armed forces are bravely defending the borders of the country, often standing on guard at a height of E 20,000 feet and in minus 30oC temperature, day and night so that the people of India can live, work and sleep in peace. F 4. However, there is widespread discontent among the serving and former members of the armed forces (by which we mean the Army, Navy and Air Force) and their widows and family members regarding their service conditions e.g. pay scales, allowances, anomalies regarding pensions, inadequate pension (particularly to those disabled while in service), widows benefits, promotion matters (including promotion policy and process) etc .. They have a feeling that the bureaucrats do not G care for them and do not properly address their grievances. As a result, thousands of ex- armed forces personnel have returned their medals, and some have even burnt their artificial limbs. 5. These grievances include the grievances relating to pay, H 786 SUPREME COURT REPORTS (2010) 13 (ADDL.) S.C.R. A allowances, one rank one pension, other pension matters, suitable benefits to be granted to war veterans, war widows, promotion matters, rehabilitation of soldiers who are discharged at a young age, etc. B 6. In a recent panel discussion 'We The People' on NDTV channel some of these wievances were highlighted. 7. Our courts of law are flooded with cases relating to members, both serving and retired, of the armed forces e.g. cases relating to pension, promotion, etc and the obvious C reason is that the armed forces personnel have a feeling that their grievances are not being properly addressed. D 8. The great Prime Minister of Magadha, Chanakya, told Emperor Chandragupta Maurya : "Pataliputra rests each night in peaceful comfort, 0 King, secure in the belief that the distant borders of Magadha are inviolate and the interiors are safe and secure, thanks only to the Mauryan Army standing vigil with naked swords and eyes peeled for action, day and night, in weatherfair and foul, all eight E praharas (i.e. round the clock), quite unmindful of personal discomfort and hardshi
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