AFT asks Ex-Servicemen Welfare secretary to explain non-compliance of orders

Taking a serious note of non-compliance of judicial orders, the Armed Forces Tribunal (AFT) has directed the Secretary, Department of Ex-Servicemen Welfare (DESW,) in the Ministry of Defence to personally appear before the court to explain the lapses.

The tribunal’s Bench of Justice Sudhir Mittal and Air Marshal Manavendra Singh observed that orders to grant pensionary benefits to a soldier were passed in 2019 and an appeal to it was dismissed in May 2023 along with costs of Rs 50,000 being imposed on the Union of India by the Supreme Court.

The jawan, Manjit Singh, made repeated requests for execution of the orders, but no heed was paid by the authorities, and he filed an execution application in 2023. Thereafter, repeated adjournments and additional time was sought by the government for obtaining instructions and filing affidavits.

On October 4, 2024, the Tribunal observed that prima facie, the Union of India was in contempt of the orders passed by the Supreme Court as well as the Tribunal’s order under execution. Pointing out that despite warnings and repeated delays, the government was still seeking more time, the Bench said that if the costs imposed were not deposited, it would summon the secretary.

“The foregoing narration shows that this Bench has taken a lenient view in the past and has granted enough time to the respondents. The said order was passed in December 2019 and the petition seeking grant of Special Leave was dismissed in May 2023. Despite a clear warning having been given, the affidavit filed today seeks more time. Seeking more time is not justified keeping in view the facts and circumstances of the case,” the Bench ruled on October 25.