Graciously accept AFT's decisions: Delhi HC to Centre
2
Chandigarh:
Delhi high court
has cautioned the Centre against its persistent practice of contesting nearly every Armed Forces Tribunal (AFT) ruling that grants pensionary relief to soldiers.
The court advised the Union of India that, in appropriate cases, the govt ought to "graciously" accept the tribunal's decision rather than prolong needless litigation.
"Not every perceived dispute must be turned into an adversarial battle in the courts," a division bench comprising Justice C Hari Shankar and Justice Om Prakash Shukla emphasised, while dismissing a petition filed by the Centre against an AFT order.
The Centre had challenged the decision of the principal bench of AFT Delhi that granted special family pension to the widow of Major Sanjeev Chadha, who was found dead in the bathroom 25 years ago, detecting it as a case of brain haemorrhage due to hypertension.
On Nov 3, 2023, the tribunal asked the authorities not to adopt any 'mechanical or hyper-technical' method to deny relief. Aggrieved by this decision, the Centre approached Delhi high court, arguing that the widow was not entitled to special family pension as the death of Major Chadha was neither attributable to nor aggravated by military service.
by Taboola
by Taboola
Sponsored Links
Sponsored Links
Promoted Links
Promoted Links
You May Like
Best SIP Plans for NRIs in Australia – Get ₹2L Monthly Pension | Invest ₹18K
PB
Learn More
Undo
Counsel for the applicant, Chaitanya Aggarwal, said Major Chadha joined Army in June 1988 and died on Sept 3, 2000, while being posted at HQ-Technical Group, EME, New Delhi, with the cause of death recorded as ICH. Aggarwal contended that it does not matter if hypertension was never detected when the officer was alive, and pointed out that the officer did not have any habit of smoking or drinking, and there is no recorded history of hypertension in his family either.
When he served in various field and peace areas in different climatic conditions, there was continuous stress and strain of service, the counsel said.
While dismissing the Centre's petition, Delhi HC held that at the time of joining service, Major Chadha was not noted as suffering from hypertension. Ultimately, however, after he served in the Army for 12 years, he suffered a cerebral haemorrhage and died.
"We have seen the post-mortem report. It merely states that Major Chadha died due to ICH (intracerebral haemorrhage) due to hypertension... No cause, other than military service, has been identified, either in the post-mortem report or otherwise by the petitioners, as having caused the hypertension from which Major Chadha suffered," observed HC in an order last week, while upholding the AFT's findings.
Stay updated with the latest local news from your
city
on
Times of India
(TOI). Check upcoming
bank holidays
,
public holidays
, and current
gold rates
and
silver prices
in your area.
Get the latest lifestyle updates on Times of India, along with
Happy Krishna Janmashtami Wishes
,,
messages
, and
quotes
!
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Time of India
24 minutes ago
- Time of India
Nexus with contractors? GDA set to transfer 76 supervisors
Ghaziabad: Ghaziabad Development Authority (GDA) is set to transfer 76 supervisors following persistent complaints of collusion with contractors in facilitating illegal construction. Residents also allege that supervisors, working in tandem with private builders, demand hefty sums to overlook unauthorised floors. GDA has around 200 supervisors in the seven zones under it, but its manual does not specify a maximum tenure for postings before an employee can be shifted. Many of the supervisors on the list have been posted in the same zone for more than five years. Officials admitted that supervisors posted in the same zones for years had formed "unholy alliances" with local realtors, and said the reshuffle aimed to curb the spread of illegal colonies, which have risen from 321 in 2021 to 351, occupying around 3,000 acres. You Can Also Check: Noida AQI | Weather in Noida | Bank Holidays in Noida | Public Holidays in Noida | Gold Rates Today in Noida | Silver Rates Today in Noida While the GDA work manual states that a supervisor's role includes reporting any illegal construction to the zone's junior engineer and senior officials but for all practical purposes, they are considered to be GDA's eyes and ears and their foot soldiers. Supervisors are also tasked with checking the quality of construction materials and ensuring that all work is carried out in line with the approved plan. However, their nexus with contractors runs deep. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like A Teaspoon Before Bed Burns Body Fat - Fit Into Your Clothes Again! Health & Family Click Here Undo A Vaishali resident told TOI, a contractor allegedly sought Rs 40,000 on behalf of a GDA official to allow his family to construct an additional floor in their two-storey flat. "We hired a private contractor, prepared a cost estimate, and even had construction material delivered," he said. But that evening, a GDA supervisor reached their house and warned the family that the work violated regulations. Unsure how to proceed, the family considered abandoning the plan. "But the contractor assured me it could be 'managed' for Rs 40,000. Construction went ahead without further interference. Only later did I realise the nexus between contractors and supervisors," he added. According to a GDA official, despite checks and balances, illegal construction has been unabated in the city. "We deduced that many of the supervisors are working in the same zone for years and have developed a nexus with contractors, allowing illegal construction. This nexus needs to be broken, for which GDA has prepared a list of 76 supervisors who will be transferred to other zones." Stay updated with the latest local news from your city on Times of India (TOI). Check upcoming bank holidays , public holidays , and current gold rates and silver prices in your area.
Time of India
25 minutes ago
- Time of India
Extortion Call From Thailand: Gang Busted, Three Arrested
New Delhi: Three friends, including a graduate from London School of Economics, were arrested for allegedly making a Rs 2-crore extortion call by impersonating well-known gangster Himanshu Bhau. Police said the trio was in debt and devised the plot to repay it. They travelled to Thailand to buy international SIM cards, which they used to send the threats, hoping it would appear more convincing and help them evade law agencies, police said. The accused, identified as Sumit (42), Prince (35) and Nitish (31), were businessmen and residents of west Delhi. A businessman based in central Delhi filed a complaint claiming that he had received a threatening international WhatsApp call from an unknown number. The caller, claiming to be Bhau, sent a QR code for a cryptocurrency payment of Rs 2 crore. He also threatened that the businessman's children would be killed if the demands were not met. You Can Also Check: Delhi AQI | Weather in Delhi | Bank Holidays in Delhi | Public Holidays in Delhi | Gold Rates Today in Delhi | Silver Rates Today in Delhi A case was registered, and deputy commissioner of police (central) Nidhin Valsan formed a team under ACP (Paharganj) Saurabh A Narender. Station house officer (cyber) Sandeep was part of it. The technical team employed cyber tools to trace the origins of the international WhatsApp call and the QR code to Thailand. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Could This NEW Collagen Blend Finally Reduce Your Cellulite? Vitauthority Learn More Undo "Once the suspects returned to India, they were immediately apprehended," the DCP said. "One of them, Nitish, holds a master's degree in a course related to software management from London School of Economics," he added. Two mobile phones used to generate the cryptocurrency QR code and make the call were also seized, Valsan said. All three accused told police that they were heavily in debt and plotted the call to pay it off in an easy way. Sumit, who runs a jewellery business, was well acquainted with the complainant and his family. To instil fear, they used Bhau's name. They devised the plot in India, said police. "Sumit was in debt of around Rs 60 lakh, Nitish owed Rs 10-20 lakh and Prince had liabilities amounting to Rs 1-2 crore," an officer said. Nitish was involved in the tour and travel industry while Prince was engaged in the finance sector. Stay updated with the latest local news from your city on Times of India (TOI). Check upcoming bank holidays , public holidays , and current gold rates and silver prices in your area.
Time of India
25 minutes ago
- Time of India
Ganeshotsav preparatory meeting held in Belagavi
Caption: Deputy commissioner Mohammad Roshan spoke at the stakeholders' meeting on Saturday Belagavi: Preparations are in full swing across Belagavi district for Ganesh festival. Against this backdrop, a meeting of the office bearers of Ganeshotsava Mahamandals and officials of the district administration was held at Kumar Gandharva Ranga Mandira on Saturday. Deputy commissioner Mohammad Roshan, police commissioner Bhushan Gulabrao Borase, DCP Narayan Bharamani, BCC Commissioner Shubha B, and other officials attended the meeting. Presiding over the meeting, DC Mohammad Roshan encouraged everyone to celebrate Ganesh festival grandly, and emphasised the importance of cooperation in celebrating the festival with peace and harmony. He highlighted the necessity of installing clay idols of Ganesha to prevent environmental damage and stated that obtaining permission before installing the idol is mandatory. The departments should coordinate with the BCC to remove dangerous plants, trees, electric wires, and cables from the immersion route to avoid inconvenience during the Ganesh immersion. He instructed the fire department to be ready to work 24 hours a day during Ganesh festival and asked Hescom to deploy personnel in all the Ganesh pandals of the city. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 1 Reason to Read The 5 Books American Investor Warren Buffett Recommends For Turning Your Life... Blinkist: Warren Buffett's Reading List Undo The use of fireworks is strictly prohibited during the Ganesh immersion, and permission is mandatory for installing banners and buntings. Skilled swimmers should be appointed at the idol immersion sites. All department officials should work in coordination with the Mahamandals. Police commissioner Bhushan Gulabrao Borase stated that instructions have been given to convene a meeting with the officers of all local police stations and make necessary arrangements for the peaceful and festive celebration of the Ganesh festival. The police department will take immediate action to resolve problems within 48 hours of receiving complaints from the city regarding the police department. Action will be taken against those who violate the guidelines in the installation of DJ music systems. As per the order of the Supreme Court, the use of loudspeakers is prohibited after 10pm. There are more than 64 small and big hospitals on the roads where the idols move during the Ganesh immersion. Ganesha idols are to be immersed within the specified time limit without causing any inconvenience to the public and everyone should cooperate to ensure that patients in the hospital and the public are not inconvenienced. The presidents and office bearers of various Ganeshotsav Mahamandals Said there are about eight pits for Ganesh idol immersion, all of which should be cleaned. They appealed for appropriate police security to be provided to the Ganesh Mantaps. BCC commissioner Shubha B, additional superintendent of police RB Basaragi, DCP Narayan Bharamani, and ZP deputy secretary Basavaraj Heggnaik were present. Stay updated with the latest local news from your city on Times of India (TOI). Check upcoming bank holidays , public holidays , and current gold rates and silver prices in your area.
