Punjab and Haryana HC fines defence secretary, Army chief ₹2 lakh after delay in ex-Major’s disability pension: Report

E-PaperSubscribeSubscribeEnjoy unlimited accessSubscribe Now! Get features like The Punjab and Haryana High Court has imposed a penalty of ₹2 lakh on Defence Secretary Rajesh Kumar Singh and Army Chief General Upendra Dwivedi for failing to implement orders granting disability pension to a retired Army Major, despite repeated judicial directions. The Punjab and Haryana High Court has imposed a penalty of ₹2 lakh on Defence Secretary Rajesh Kumar Singh and Army Chief General Upendra Dwivedi. (HT_PRINT)The action came in a case involving Major Rajdeep Dinkar Pandere (retd), who underwent 24 surgeries and developed a kidney-related ailment during his military service, according to a report by The Tribune. Major Pandere, a resident of Pune, was commissioned into the Army on September 15, 2012, in a physically fit condition. He served with 4 Ladakh Scouts in Leh and held field, peace, special action group and high-altitude postings. In June 2017, he developed a medical condition while on duty and was examined at the Delhi Cantonment Base Hospital, where he was diagnosed with cystitis cystica glandularis. Following surgery, he was placed in a low medical category on September 19, 2017, the report added. He was subsequently assessed by the Categorisation Medical Board six times and later appeared before the Release Medical Board on September 2, 2022, at Western Command Hospital, Chandimandir. He was recommended for release in a low medical category. However, his disability-assessed at 15 per cent for life-was declared neither attributable to nor aggravated by military service, without any reasons cited. He was released on September 14, 2022, after 10 years of service, and his request for disability pension was rejected on November 23, 2022. Also Read | Gen Seth to take charge as army vice chief The Chandigarh Bench of the Armed Forces Tribunal noted in its October 10, 2024 order that Major Pandere had undergone multiple medical assessments and surgeries, and his disability had consistently been found attributable to service, according to the Tribune report. “We failed to understand what parameter was adopted by the Release Medical Board for assessing the disability at 15 per cent for life and to declare the disability of the applicant as neither attributable to nor aggravated by military service at the time of release from service,” the Bench said. The Tribunal ruled that, under the Guide to Medical Officers (Military Pensions), 2008, his disability should be assessed at 40 per cent based on his serum creatinine level, making him eligible for disability pension. This was rounded off to 50 per cent for life in line with Supreme Court guidelines, effective July 1, 2022. On July 28, 2025, the High Court dismissed the Union government’s challenge to the Tribunal’s order, stating that Major Pandere’s entitlement to disability pension “cannot be doubted”. After authorities failed to implement the order, Major Pandere approached the High Court again. His petition was disposed of on October 31, 2025, in his favour, but the pension was still not granted. He then filed a contempt plea against the Defence Secretary and the Army Chief, the report added. His counsel, Rajesh Sehgal, argued that despite more than two months passing, no compliance had been made, and the petitioner had not received any payment or pension order. Justice Sudeepti Sharma, in an order dated April 30, said, “On the last date of hearing, last opportunity was granted to the respondents to file a compliance affidavit with a condition that in case of non-filing, a cost of ₹2 lakh shall be imposed.” As no affidavit was filed, the court granted one final opportunity subject to payment of ₹2 lakh, to be equally deducted from the salaries of both officials and paid to the petitioner through a demand draft.