From: prem parkash batra
Date: Fri, Jan 29, 2010 at 9:48 PM
Subject: Re: FW: OROP : Road Block.
Col Rakesh P Chaturvedi
I think the approach through Constituion prima-facie perhaps is the most likely to deliver the results. It goes to the Constitution Bench. Then the unwritten practice of the Courts, the Legislative and the Executive of denial cannot be awept under the table in the name of security. It cannot be used both ways to the disadvantage of the Servicemen including the Ex-Servicemen.
The basic question is if we are to be equated with the Civilians then why the Fundamental Rights are abridged! That is the fundamental question. Then we should have the right to strike work, to go slow and not go to front and not to accept postings to dangerous places as the IAS do [like not going to Maoist Areas. And get special concessions for going to A&S Islands and NE] and all other things they do.
If this approach is agreed to in general then one has to find a constituional expert who is renowned and willing to challenge the Constituion. Then we have to collect funds and provide him all the references and the material he needs. In USA many have challenged these hypotesis and won.
Please do circulate wiidely to elicit cooperation for this course of action. I would like to think this keeps other options open and which can be pursued concurrently.
With Best Regards,
Cdr Prem P Batra IN Retd.