S.H.A. Raza and Krishna Kumar, JJ. - (1.) Heard learned counsel for the petitioner and learned additional standing counsel for the Union of India.
(2.) After the success of operation Vijay, the entire country has showered tribute and homage to the departed soldiers who lost their lives, and also saluted the bravery of the soldiers who in difficult mountain terrain where the temperature was below the freezing point successfully repelled the onslaught of the intruders.
(3.) Now the time has come when the attitude and behaviour of the Army Officers and the Defence Ministry towards soldiers should change. No doubt discipline and stemess is the hall mark of military service but it does not mean that the soldiers who are separated from their families to guard the border states, thousands of miles away from their homes and are often subjected to mental stress and strain be allowed to be abandoned, if they are discharged from military service on account of any disability which is attributable to the military service. Their cases for grant of disability pension deserve sympathetic and compassionate consideration. Undoubtedly, the rules and orders, in that regard Pharsh, which require review. In view of the respect they command, so young men instilled with sense of patriotism, may join the military service without a feeling of insecurity in future.;