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Disabled soldier sues Army Commander

18 July 2011 01:58 pm - 14     - {{hitsCtrl.values.hits}}

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The Colombo District Court today issued notice on the Army Commander in a civil suit filed by a disabled soldier who complained that his retirement pension has been stopped by the army as a means of recovering an overpayment made by it to the soldier by mistake.

Additional District Judge T.D. Gunasekara issued notice on the defendants -- Army Commander Jagath Jayasuriya, Salary and Documentation Director W.R. Palihakkara, Attanagalle Divisional Secretariat and the Attorney General among others as a result of the action filed by soldier Asoka Dayaratne of Ranpokunagama in Nittambuwa.

The disabled soldier claimed that he continued to accept the disabled pension after reaching the age of 55 on the mistaken understanding of a pledge given by President Mahinda Rajapaksa that disabled soldiers would be paid the disable pension until death.

Petitioner’s counsel G.D. Kulatillake said his client joined the Infantry Regiment in 1972 and served in various operations including that of the counter attack on the LTTE after it attacked Sri Maha Bodhi on May 14, 1985.

During a Wilpattu operation his client had received gun shot injuries to his chest, left leg and right hand and his right hand was later amputated. In 1987 he was considered disabled and sent on retirement and was paid a monthly disabled pension which he continued to receive till May last year even after reaching the age of 55  on January 3, 2009.

He produced a newspaper report which said that President Rajapaksa had pledged to pay a pension to disabled soldiers until their death and as such he continued to accept the pension for such soldiers.

However in May last year the plaintiff was informed by the Army that he had been paid an extra amount of Rs.539,932 by an oversight and that it had to be recovered.

Later Brigadier Palihakkara had directed the Attanagalle Divisional Secretariat to recover this amount from his retirement pension paid since reaching the age of 55. Subsequently the Divisional Secretariat had stopped paying his pension for the purpose of recovering the overpayment.

The plaintiff Dayaratne said he was married and a father of two children and asked court to issue an order to continue the payment of his pension and that he would repay the extra payment in monthly installments. (SRF)
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  Comments - 14

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  • Calistus Jayatilleke Tuesday, 19 July 2011 02:25 AM

    Maybe he is a Fonseka loyalist!

    bis Tuesday, 19 July 2011 03:03 AM

    APIWENUWAN API?

    sparks Tuesday, 19 July 2011 03:05 AM

    That is if their was any discipline amongst them in the first place.

    sparks Tuesday, 19 July 2011 03:06 AM

    Obviously with the criminals, the whole world knows that except we locals.

    mwta Tuesday, 19 July 2011 04:58 AM

    But they are going to spend Rs. 750 Billion including a Ice Hockey Stadium in H'tota.
    People are suffering.

    Bumba Monday, 18 July 2011 02:08 PM

    This is how the war heroes are treated. Show the financial state of the state coffers.

    tharanga semasinghe Monday, 18 July 2011 02:34 PM

    Sad,,Army and Police disciplines are being deteriorating...

    Manmohan Monday, 18 July 2011 03:11 PM

    best thing to do.....
    bravo

    Bumba Monday, 18 July 2011 03:29 PM

    Forget to mention the great hero who was thrown into jail.

    uglytruth Monday, 18 July 2011 04:21 PM

    So..at last...finally...it started...ironically from Army itself

    Ranawiruwa Monday, 18 July 2011 05:58 PM

    Be careful ...... Some time they will come to collect there money from WHITE VAN. Shameless Army Commander

    Ranabahu Tuesday, 19 July 2011 12:05 AM

    KP. Karuna and Pilleyan are given superb treatment. The soldiers who fought to eradicate terrorism are given this treatment. Where is tis regive sitting with?

    Ratan Tuesday, 19 July 2011 12:32 AM

    Why should they stop at 55. All other govt.employees get till they die? so he must get it too.

    C.K.Lankaputhra Tuesday, 19 July 2011 12:48 AM

    How they respect war heroes is very clear..


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