The bench asked Additional Solicitor General Madhavi Divan, appearing for the Centre, to seek instruction and try to carve out an exception that his disability pension is not discontinued.
The Supreme Court on Monday said that it has to look at the human side of justice and urged the Centre to carve out an exception to continue the grant of disability pension to an Army jawan, who was discharged from service due to his alcohol dependency.
"We have to understand the circumstances that he was posted in. He was deployed in Kashmir and we know the hardship they serve in. We judges are also human beings. Every day we see coffins being carried back. He has a family to look after. We have to see the human side of justice also. Let us leave it there," said a bench of Justices Dy Chandrachud and Sudhanshu Dhulia.
The bench asked Additional Solicitor General Madhavi Divan, appearing for the Centre, to seek instruction and try to carve out an exception that his disability pension is not discontinued. The top court was hearing an appeal filed by the Centre against the order of the Armed Force Tribunal, which has granted a pension to Jawan Naginder Singh, who fought in the Kargil war.
At the outset, Divan said that a pension cannot be granted if he is discharged from services on disciplinary grounds, and in this case, he was discharged due to alcohol dependency. The bench said that the government should approach the issue from a broader perspective looking at the circumstances, he has worked in and his family.
Divan said that if that parameter is applied then other cases will also come forward and alcohol dependency is considered a serious disciplinary issue in the armed forces. The bench, however, asked Divan to seek instruction and make endeavour to carve out an exception, so that he can continue getting a disability pension.
The top court posted the matter for further hearing on August 8.
(With PTI Inputs)