UPDATE BRIEF ON THE PROPOSED LEGAL CHALLENGE
06 Apr 2009
Mr. Nirdesh Gupta, a prominent SC lawyer has been selected as our lawyer to file a Writ along with IESM and a small retainer has also been given to him. He had earlier fought the Maj Gens case before the SC and won the same. Having fought that case, he is fully conversant with our cause. His knowledge of the issues involved and the background information that he had already gathered went in favor of selecting him.
We are yet to decide on the firm date for filing of the Writ as we were awaiting all inputs including the election manifesto of the major political parties, withdrawal / running down of agitation by the IESM, discussions with other Veterans Orgs to present a joint case before the SC and remaining decisions of the Govt on some of the immediate issues emanating out of the 6 PC.
As you are aware we had taken up the inequity of granting Pension at the bottom end of PB 4 scales to many ranks and the enforcement of the SC judgment in the Maj Gens case with the RM, MOD and the service Chiefs. A copy of the reply received from the PPOC in reply to the letter to the CNS has already been circulated to all members and appears to be hopeful. Informal discussions with the NHQ, MOD and others have indicated that the Govt letter for Commanders/ PB 4 is likely to be issued in the very near future. We have also been informed that it is very likely that the new orders for grant of modified Pension Parity to all ranks from Capt to Lt Gen are under advanced discussion and also likely to be issued in the near future, before the current government demits office.
MOD had also requested for the name of a naval Veteran who will liaise with MOD and provide advice for satisfactorily resolving the outstanding issues flowing from 6 PC as far as we are concerned. The name of RAdm Sushil Ramsay has been forwarded for the same.
We will, therefore decide our next course of action after all these inputs are with us by end May 09
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One outstanding issue is on Disability Pension.The rate of DP as per 6CPCR is 30% of pay for all ranks, same as had been & is for civilians.There is NO annomaly in this issue already approved by GOI. Yet the MOD has not implemented it despite 4 months gone past.RAdm Ramsay must take up this on priority as Disabled ESM's are deprived of enhanced DP & substantial arrears from 1.1.2006.
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