Members of the armed forces, who take the oath of laying down their lives for the country, deserve special treatment and are not to be harassed unnecessarily and “made ping pong of†by being sent from one forum of adjudication to another, the Delhi High Court has said.
The high court observed that the oath required to be taken by the President, Vice President, Governors of the States or by the Judges of the Supreme Court and the High Courts does not require them to lay down their lives in the service of the country.
It is only the members of the armed forces who are required under the Constitution and other laws to take an oath of abiding by the command issued to them by the President or any officer set over them, even to the peril of their lives, a bench of Justices Rajiv Sahai Endlaw and Asha Menon said.
The court’s observation came on a batch of 40 petitions challenging an order issued by the Ministry of Defence (MoD) granting the benefit of pro-rata pension only to Commissioned Officers of the Defence Services and not to the Non-Commissioned Officers (NCOs)/ Persons Below Officer Rank (PBORs).
The petitioners — NCOs/ PBORs who joined the Indian Air Force (IAF) as Airmen/ Corporals — said the MoD’s order is discriminatory and claimed pro rata pension.
