A media report that Ministry of Defence (MoD) has reopened old withdrawn cases is misleading and factually incorrect. The MoD has not filed any appeal in disability pension cases where appeals were withdrawn earlier in 2019. The MoD, as per government Litigation Policy, accepts the orders of Lower Courts/Tribunals based on the issues settled by the Government Policy and Supreme Court. The orders of the tribunal in cases decided long back have also been implemented for the individual concerned.
Keeping the latest rulings of the Apex Court, only in cases where the Medical Boards have clearly stated that injury/disability is Neither Attributable Nor Aggravated (NANA) by military service, the MoD with the advice of Senior Law Officers of the Government have gone for appeal. The MoD is sensitive towards the matter of injury/disability arising out of military service and strongly stands behind our brave soldiers and strives to do the best for them as per the policies of the Government.
ABB/Savvy