From: Vinod Gandhi
Sent: 30 June 2010 11:59
To: CoreGpIESM@yahoogroups.com; mil; indianveterans
Cc: Brig C.S.KAMBOJ; Lt Gen Satish Kumar Bahri
Subject: Re: [CoreGpIESM] MINUTES OF SOUTH ZONE MILITARY VETERANS MEET AT BANGALORE ON SUNDAY, 27 JUNE 2010.
Dear All
My salute to Col Rajan and his team for organising the SZMV meet on 27 June in a professional manner and their commitment to the cause of ex-servicemen and their dedication to strengthen the roots of IESM movement. The honourable home minister Karnataka Dr Acharya also graced the meeting with his presence. He heard various speakers and aslo addressed the gathering. He confirmed that Karnataka Govt will take up the issues concerning the ex-servicemen with Central Govt.
Many speakers expressed their views in a friendly atamosphere on number of issues. The main thrust of all speakers was to improve the condition and Izzat of ex-servicemen all over India. The speakers also expressed their resolve to strengthen the IESM and wished this movement to spread all over India to help solve all problems of ex-servicemen.
Vice Chairman and Gen Sec addressed the meet and stressed on the strengthening the IESM to ensure that all ex-servicemen get the due respect and lead a respectable life as responsible citizen of India. He confirmed that views expressed in the meeting have been noted and will be put up for discussion in the GB and subsequently to all members of the core group and all state conveners. A consensus decision will be arrived at keeping in mind the views of all conveners. The decision of the IESM head office will be communicated to all soon. In the mean time all conveners were requested to maintain status quo and follow the latest instructions of the IESM head office.
All present confirmed in one voice their resolve to strengthen the IESM.
Regards
Gp Capt VK Gandhi VSM
Gen Sec IESM
L - 48, Sector - 25,
NOIDA. 201301
Tele no 01202519440
Mobile 09810541222
Pls see IESM latest NEWS on http://www.iesm.org
IF YOU SEE SOMEONE WITHOUT A SMILE GIVE HIM ONE OF YOURS.
----------
From: Colonelrajan Srinivas [mailto:colonelrajan44@gmail.com]
Sent: 30 June 2010 11:15
To: M V; Military Veterans; sappersjune1963; 268hippos; bombaysappersveterans@yahoogroups.com; bombaysappersbangalore@yahoogroups.com; ldmc19@yahoogroups.com; TheGarhwalis@yahoogroups.com; CoreGpIESM; IESMKarnataka@yahoogroups.com
Cc: Brig C.S.KAMBOJ
Subject: MINUTES OF SOUTH ZONE MILITARY VETERANS MEET AT BANGALORE ON SUNDAY, 27 JUNE 2010.
Respected Veterans,
Jai Hind.
Ref Para 10 of the Mins of the SZMV Meet on 27 June 2010 at Bangalore, reproduced below (not reproduced in this email – Chander Kamboj), kindly pardon me for having missed out mentioning the names of following Veterans who have been kind to donate to the Cause:
(a) Lt Gen R Mohan, The Madras Regt - Rs. 5000. (towards expenses on 14 March 2010)
(b) Lt Gen Jagdish Chander Rs. 15,000.
(c) Col KMS Sahasi, USA - Rs. 15,000.
(d) Col Shivinder Singh, USA - Rs. 15,000.
(e) Brig Sudhir Kumar, Mumbai - Rs. 15,000.
(f) Wg Cdr CAV Murthy - Rs. 1000.
(g) Col RG Nair, Trivandrum, Kerala - Rs. 1000.
(h) Col Gopalan, Trivandrum, Kerala - Rs.2000
(i) Vice Admiral Anonymous - Rs. 7,500 (towards expenses on 14 March 2010) in addition to Rs.12,500 given earlier.
Total donation from the Admiral on 27 June 2010: Rs.20,000
Total Amount received as Donation on 27 June 2010 during the SZMV Meet: 1,31,500
Lt Gen Jagdish Chander has been kind to bear the expenses of Lunch at the SZMV Meet on 27 June 2010.
Brig Sudhir Kumar, Col KMS Sahasi and Col Shivinder Singh are my coursemates who have come fwd to bear the to & fro expenses of the Veterans coming from the North East.
Regards,
Col Rajan
Wednesday, June 30, 2010
LETTER TO THE EDITOR THE TIMES OF INDIA by Wg Cdr SC Kapoor
A *
To:
The Editor
The Times of India
New Delhi
Sir:
Major General Joseph Narh Adinkrahon, Chief of the Army Staff of Ghana, on an official visit to India reviewed an impressive Guard of Honour presented by the Armed Forces at South Block in New Delhi on June 28. A beautiful photograph of the event was put out by the PTI news agency.
As usual it was a total black-out on the part of The Times of India on June 29. But you did publish all of four photographs (on the top of page 17) of a foreigner riding on/falling off a horse and then walking away as if it were an earth-shaking event!
In sharp contrast, again, in your issue dated June 29 you show two big photographs--one of them on the top of the front page--of a (CRPF?) policeman lying on the ground and being beaten with the sticks by the people! Two almost identical photographs, yes!
Poor cop! So helpless was he! What an exotic hoopla created by you, Sir! The handiwork of some master craftsman! Is it supposed to be "crafty" also?
Isn't it obvious that the news/events showing India's power or glory and enhancing national pride among the citizens are mostly of no use to you? For you things portraying security forces in poor light and producing demoralising effect on them and the masses seem much more important and newsy. Any number of instances of this nature can be quoted in support.
Pray, why do you do so? Of course, by now we may know it all! Or, do we, really?
What type of "National" paper are you heading, Sir? Shame on you!
Kindly acknowledge receipt of this email.
Warm regards.
Sincerely,
SC Kapoor
Wing Commander (retd)
E-145, Sector 21
Noida-201 301
To:
The Editor
The Times of India
New Delhi
Sir:
Major General Joseph Narh Adinkrahon, Chief of the Army Staff of Ghana, on an official visit to India reviewed an impressive Guard of Honour presented by the Armed Forces at South Block in New Delhi on June 28. A beautiful photograph of the event was put out by the PTI news agency.
As usual it was a total black-out on the part of The Times of India on June 29. But you did publish all of four photographs (on the top of page 17) of a foreigner riding on/falling off a horse and then walking away as if it were an earth-shaking event!
In sharp contrast, again, in your issue dated June 29 you show two big photographs--one of them on the top of the front page--of a (CRPF?) policeman lying on the ground and being beaten with the sticks by the people! Two almost identical photographs, yes!
Poor cop! So helpless was he! What an exotic hoopla created by you, Sir! The handiwork of some master craftsman! Is it supposed to be "crafty" also?
Isn't it obvious that the news/events showing India's power or glory and enhancing national pride among the citizens are mostly of no use to you? For you things portraying security forces in poor light and producing demoralising effect on them and the masses seem much more important and newsy. Any number of instances of this nature can be quoted in support.
Pray, why do you do so? Of course, by now we may know it all! Or, do we, really?
What type of "National" paper are you heading, Sir? Shame on you!
Kindly acknowledge receipt of this email.
Warm regards.
Sincerely,
SC Kapoor
Wing Commander (retd)
E-145, Sector 21
Noida-201 301
article from Maj Gen Suman
From: Chaitanya [mailto:chait_any@yahoo.com]
Sent: 29 June 2010 09:15
To: Kamboj Chander
Subject: Re: SOME OF THE EMAILS AND ARTICLES RECEIVED FROM MEMBERS - "REPORT MY SIGNAL" - EMAIL 269/2010 - 29 JUN 2010 {(H to Z)-2}
Dear Brig Kamboj Sir,
The article from Maj Gen Suman is an excellent and concise summation of the apathy of the GoI towards the ESMs in particular and the defence services in general. I strongly recommend that this short and factual narration should be sent to ALL serving MPs in Lok Sabha and the Rajya Sabha and also to the Members of the Union cabinet the president of the UPA and NDA and leaders of other major parties in opposition.. I am willing to meet the expenses for printing/arrange the printing of 1000 copies of the letter. Unfortunately, presently i am not knowing any MP personally, otherwise i would have arranged for its distribution at the parliament house to each one of them. we can also send it to all major TV channels and commentators. if nothing else it will bring in focus the negative mindset of the Govt towards us.
regards
Brig Chaitanya Prakash ,(Retd)
Signals
(This email of of Brig Chaitanya Prakash was immediately sent to the Governing Body of IESM. Permission has been also taken from Maj Gen Mrinal Suman to have the article printed and distributed. On behalf of YOU ALL, ‘i’ thank Brig Chaitanya for his kind gesture.- Chander Kamboj)
---------
Sent: 29 June 2010 09:15
To: Kamboj Chander
Subject: Re: SOME OF THE EMAILS AND ARTICLES RECEIVED FROM MEMBERS - "REPORT MY SIGNAL" - EMAIL 269/2010 - 29 JUN 2010 {(H to Z)-2}
Dear Brig Kamboj Sir,
The article from Maj Gen Suman is an excellent and concise summation of the apathy of the GoI towards the ESMs in particular and the defence services in general. I strongly recommend that this short and factual narration should be sent to ALL serving MPs in Lok Sabha and the Rajya Sabha and also to the Members of the Union cabinet the president of the UPA and NDA and leaders of other major parties in opposition.. I am willing to meet the expenses for printing/arrange the printing of 1000 copies of the letter. Unfortunately, presently i am not knowing any MP personally, otherwise i would have arranged for its distribution at the parliament house to each one of them. we can also send it to all major TV channels and commentators. if nothing else it will bring in focus the negative mindset of the Govt towards us.
regards
Brig Chaitanya Prakash ,(Retd)
Signals
(This email of of Brig Chaitanya Prakash was immediately sent to the Governing Body of IESM. Permission has been also taken from Maj Gen Mrinal Suman to have the article printed and distributed. On behalf of YOU ALL, ‘i’ thank Brig Chaitanya for his kind gesture.- Chander Kamboj)
---------
SEMINAR AT BANGALORE
From: Barin Ghose
Sent: 29 June 2010 11:08
To: vasanth@learningaccord.com; IESM_GovBody@yahoogroups.com; rajkadyan@yahoo.com; kamboj_cs@yahoo.co.in; colonelrajan@rediffmail.com
Subject: SEMINAR AT BANGALORE
Dear Rajan
On my return late last night, I would like to thank you for organising the seminar on sat & sunday at Bangalore. The manner of conduct of the whole show speaks volumes of your and your band of ESM.
The presence and speech of the State Home Minister was exceedingly significant.
The points made by the various speakers were valid indeed especially with regard to organisation of IESM, membership, pension dues, donations and membership etc. I am sure that all the proposals would be considered seriously once your report of the meet is recieved.
I would like to specifically mention the three convenors from the NE states who for a change were made to feel a part and parcel of the IESM familiy.
I would be wanting if I also did not mention the lady who single handely pursued the recruitment drive successfully for Convenor Mysore.
Finally I would be failing if did not thank my host Admiral Vasanth who not withstanding his age and work pressure went out of his way from recieving and seeing me off at the airport and lookong after every requirement of mine in between.
Congrats once again.
Regards
Vice Admiral Barin Ghose (Retired)
Head Pension Division
Indian Ex Servicemen Movement
B 449 Sushant Lok I
Gurgaon 122002 Haryana
Sent: 29 June 2010 11:08
To: vasanth@learningaccord.com; IESM_GovBody@yahoogroups.com; rajkadyan@yahoo.com; kamboj_cs@yahoo.co.in; colonelrajan@rediffmail.com
Subject: SEMINAR AT BANGALORE
Dear Rajan
On my return late last night, I would like to thank you for organising the seminar on sat & sunday at Bangalore. The manner of conduct of the whole show speaks volumes of your and your band of ESM.
The presence and speech of the State Home Minister was exceedingly significant.
The points made by the various speakers were valid indeed especially with regard to organisation of IESM, membership, pension dues, donations and membership etc. I am sure that all the proposals would be considered seriously once your report of the meet is recieved.
I would like to specifically mention the three convenors from the NE states who for a change were made to feel a part and parcel of the IESM familiy.
I would be wanting if I also did not mention the lady who single handely pursued the recruitment drive successfully for Convenor Mysore.
Finally I would be failing if did not thank my host Admiral Vasanth who not withstanding his age and work pressure went out of his way from recieving and seeing me off at the airport and lookong after every requirement of mine in between.
Congrats once again.
Regards
Vice Admiral Barin Ghose (Retired)
Head Pension Division
Indian Ex Servicemen Movement
B 449 Sushant Lok I
Gurgaon 122002 Haryana
New IESM Members Pune and Panchkula
From: Ravindra Pathak [mailto:raviwarsha@gmail.com]
Sent: 29 June 2010 12:02
To: Maj Gen Satbir Singh
Cc: Brig C S Kamboj; Kirit Joshipura; Maj Gen Pravesh Renjen; Wg Cdr C K Sharma
Subject: IESM Membership
Dear Sir
I have registered the following members online today.
Mrs Neelam Soloman w/o Wg Cdr Suhas Soloman
Lt Col Purshottam Gore
Applications will follow.
Brgds
R W Pathak
Cdr Ravindra Waman Pathak I.N.(Retd)
Member and Coordinator IESM Pension Cell
(Mobile 919822329340)
1 Surashri, 1146 Lakaki Road, Shivajinagar, Pune 411016
Tel 91 20 25655792
Alternate email:raviwarsha@hotmail.com
Military Veterans visit www.iesm.org
----------
From: kiran krishan [mailto:kkrishan123@gmail.com]
Sent: 29 June 2010 10:26
To: REPORT MY SIGNAL(CS Kamboj)
Cc: 'CK Sharma'
Subject: New Members IESM
Following three officers have taken up membership of the IESM through the Panchkula Branch:
Ser
No Service No Rank Name Amount Remitted Remarks
1MR-1987H Lt Gen Harcharan Singh, PVSM 100+ 400Former DG Med Services (Army)
2MR-1989 Brig H S Sandhu Do
3IC-22318 Lt Col K S Rai
... edited ...
With regards,
Brig Kiran Krishan, SM (Retd),
Convener, IESM, Panchkula & North Haryana, and
President All Indian Defence Brotherhood (Haryana Unit)
-------------
Sent: 29 June 2010 12:02
To: Maj Gen Satbir Singh
Cc: Brig C S Kamboj; Kirit Joshipura; Maj Gen Pravesh Renjen; Wg Cdr C K Sharma
Subject: IESM Membership
Dear Sir
I have registered the following members online today.
Mrs Neelam Soloman w/o Wg Cdr Suhas Soloman
Lt Col Purshottam Gore
Applications will follow.
Brgds
R W Pathak
Cdr Ravindra Waman Pathak I.N.(Retd)
Member and Coordinator IESM Pension Cell
(Mobile 919822329340)
1 Surashri, 1146 Lakaki Road, Shivajinagar, Pune 411016
Tel 91 20 25655792
Alternate email:raviwarsha@hotmail.com
Military Veterans visit www.iesm.org
----------
From: kiran krishan [mailto:kkrishan123@gmail.com]
Sent: 29 June 2010 10:26
To: REPORT MY SIGNAL(CS Kamboj)
Cc: 'CK Sharma'
Subject: New Members IESM
Following three officers have taken up membership of the IESM through the Panchkula Branch:
Ser
No Service No Rank Name Amount Remitted Remarks
1MR-1987H Lt Gen Harcharan Singh, PVSM 100+ 400Former DG Med Services (Army)
2MR-1989 Brig H S Sandhu Do
3IC-22318 Lt Col K S Rai
... edited ...
With regards,
Brig Kiran Krishan, SM (Retd),
Convener, IESM, Panchkula & North Haryana, and
President All Indian Defence Brotherhood (Haryana Unit)
-------------
Tuesday, June 29, 2010
MINUTES OF SOUTH ZONE MILITARY VETERANS MEET AT BANGALORE ON SUNDAY, 27 JUNE 2010.
Subject: MINUTES OF SOUTH ZONE MILITARY VETERANS MEET AT BANGALORE ON SUNDAY, 27 JUNE 2010.
MINUTES OF
SOUTH ZONE MILITARY VETERANS MEET HELD AT BANQUET HALL,
VIDHAN SOUDHA, BANGALORE ON SUNDAY 27 JUNE 2010
EXPRESSION OF GRATITUDE
WE the Veterans of Karnataka wish to place on record our sincere thanks and expression of our gratitude to Dr VS Acharya, the Hon’ble Home Minister of Karnataka, Capt Ganesh Karnik, MLC and Deputy Chairman NRI Forum Karnataka for all their help, assistance & unstinted support to the Ex-Servicemen. We are also thankful & grateful to Col CR Sundar, CEO & MD, JAWAN TV and Mrs Sundar for being so very gracious to extend total coverage to the South Zone Ex-Servicemen Meet and to Brig MS Parthasarathy for excellent photographic coverage.
1. Colonel SS Rajan, the Convenor of the South Zone Military Veterans Meet in his opening address welcomed Ex-Servicemen (350-400) who had gathered from the four Southern States and also those from Delhi and the States of J&K, Maharashtra, Assam, Meghalaya & Tripura; and said that The South Zone Military Veterans Meet has been called with following aims:
(a) Strengthen IESM by spreading IESM far & wide, to all States, right down to Dists, Taluks and small towns & villages.
(b) Adoption of a Federal Structure. The Indian Ex Servicemen Movement (IESM) is an All India Federation of Ex Servicemen's organizations; and, an Umbrella Body and hence it is strongly recommended that we adopt a Federal Structure, ie. be a true Federation, with each State having its own IESM set up, viz. IESM Kerala, IESM J&K, IESM Gujarat, IESM Punjab, IESM Nagaland, etc.. Each State shall be encouraged to throw up its leadership and be financially independent to cater to the requirements & needs of the respective State IESM.
(c) Adoption of Uniform Membership Fees. Whether one is a retired General or a retired Sepoy, after retirement, all are referred to Ex-Servicemen. That being so, it is felt that irrespective of ranks, there ought to be one uniform Membership Fees for Ex-Servicemen. And, considering the need to increase our membership strength in terms of lakhs, it is recommended that we have a uniform Membership Fee of just Rs.10 for one & all. In so far as Donations are concerned, it would be totally voluntary and left to individual Ex-Servicemen, as to the amount they wish to Donate. Donations can never be made compulsory and clubbed with Membership Fees.
(d) To integrate, encourage & motivate Veterans coming from the States of the North East to join the mainstream and set up IESM in their respective States. They would be requested, to organize celebration of Kargil Diwas, in respective States, to start with, on 26 July2010.
2. The Meet was chaired by Veteran Lt Gen SK Bahri and presided by Veterans Lt Gen NSI Narahari, Vice Admiral Barin Ghose, Maj Gen HK Kapoor, Rear Admiral BR Vasanth, Maj Gen MC Nanjappa, Maj Gen Satbir Singh, Air Cmde MK Chandrasekhar, Brig JS Narasimhan and Naik Naidu.
3. Dr VS Acharya, the Hon’ble Home Minister graced the Meet and was gracious to say:
(a) The Govt of Karnataka is committed to take care of the welfare & well-being of the Ex-Servicemen residing in Karnataka.
(b) He would call for a meeting of the Home Ministers of the four southern states to discuss & deliberate on points concerning Ex-Servicemen welfare and jointly take up the points with Union Govt.
(c) Take up the matter regarding issue of Corrigendum to PPO by the PCDA (Pension) with the Central Govt.
4. The Hon’ble Home Minister then had a cup of Tea with the Ex-Servicemen. The Tea was hosted by the Govt of Karnataka.
5. The Chairman and Presiding Officers of the Meet and a number of Veterans, viz. Maj Gen Satbir Singh, Vice Chairman IESM, Gp Capt VK Gandhi, Gen Secy IESM and all State, Dist & City Convenors present addressed the gathering and expressed their views.
6. Col Martin Khongmen from Meghalaya, Maj Biren Borgohain from Assam and Maj Prafulla Kumar Sinha from Agartala expressed their happiness at being invited for the Meet and pledged to spread IESM in their respective states in the North East.
7. Veteran Vice Admiral Barin Ghose, a member of the 4th and 5th Central Pay Commission and an authority on Military Pension, gave an illuminating talk on the evolution of Military Pension and the rules that ought to be governing the grant of Pension to the personnel of the Defence Services.
8. The Veterans assembled from the four Southern States and J & K, Assam, Meghalaya & Tripura, after due discussion & deliberation and based on consensus, resolved to:
(a) Adopt a Federal Structure, viz. IESM Kerala, IESM J&K, IESM Karnataka, IESM Nagaland, etc. having a unified Command Structure with existing IESM central at its helm. The MoA of respective State IESM would incorporate the clause that 20% of receipts on account of Membership fees would be sent to the IESM Central.
(b) Adopt a uniform Membership Fee of just Rs.10 for all Veterans, irrespective of ranks.
(c) Go all out to increase the membership strength of IESM in terms of lakhs.
9. Once the membership fee of Rs.10 was accepted, over 300 Veterans (incl 138 Veterans who were present at the Meet itself) were enrolled as Members.
10. Donation. It was also heartening to note that a sum of Rs. 55,000 was donated during the Meet by Veterans as per details given below:
(a) Lt Gen SK Bahri- Rs.5000
(b) Rear Admiral Anonymous- Rs. 12,500
(c) Col Madhu Sudan Kapoor- Rs.25,000
(d) JC-115730 Sub Shiva Shankaraiah- Rs. 5000
(e) Naik Naidu of The Madras Sappers- Rs.7,500
11. Respected Gen SK Bahri, who chaired the Meet, in his summing up appreciated the conduct of the Meet and urged one & all Convenors present to go all out for a Membership Drive to enroll One Lakh members by 31 Dec 2010; and was very gracious to announce a Donation of Rs. One Lakh as a reward and an incentive & motivation to achieve the target; to which all Veterans present stood up and pledged that they would achieve the target by 31 Dec 2010.
12. Gen Bahri greatly appreciated the kind gesture of the Govt of Karnataka in making available the Banquet Hall in the Vidhan Soudha for the Ex-Servicemen Meet; and also the visit by the Hon’ble Home Minister of Karnataka and his commitment to the cause of Ex-Servicemen Welfare.
Col SS Rajan
The Convenor of the South Zone Military Veterans Meet
----------------
THE END
MINUTES OF
SOUTH ZONE MILITARY VETERANS MEET HELD AT BANQUET HALL,
VIDHAN SOUDHA, BANGALORE ON SUNDAY 27 JUNE 2010
EXPRESSION OF GRATITUDE
WE the Veterans of Karnataka wish to place on record our sincere thanks and expression of our gratitude to Dr VS Acharya, the Hon’ble Home Minister of Karnataka, Capt Ganesh Karnik, MLC and Deputy Chairman NRI Forum Karnataka for all their help, assistance & unstinted support to the Ex-Servicemen. We are also thankful & grateful to Col CR Sundar, CEO & MD, JAWAN TV and Mrs Sundar for being so very gracious to extend total coverage to the South Zone Ex-Servicemen Meet and to Brig MS Parthasarathy for excellent photographic coverage.
1. Colonel SS Rajan, the Convenor of the South Zone Military Veterans Meet in his opening address welcomed Ex-Servicemen (350-400) who had gathered from the four Southern States and also those from Delhi and the States of J&K, Maharashtra, Assam, Meghalaya & Tripura; and said that The South Zone Military Veterans Meet has been called with following aims:
(a) Strengthen IESM by spreading IESM far & wide, to all States, right down to Dists, Taluks and small towns & villages.
(b) Adoption of a Federal Structure. The Indian Ex Servicemen Movement (IESM) is an All India Federation of Ex Servicemen's organizations; and, an Umbrella Body and hence it is strongly recommended that we adopt a Federal Structure, ie. be a true Federation, with each State having its own IESM set up, viz. IESM Kerala, IESM J&K, IESM Gujarat, IESM Punjab, IESM Nagaland, etc.. Each State shall be encouraged to throw up its leadership and be financially independent to cater to the requirements & needs of the respective State IESM.
(c) Adoption of Uniform Membership Fees. Whether one is a retired General or a retired Sepoy, after retirement, all are referred to Ex-Servicemen. That being so, it is felt that irrespective of ranks, there ought to be one uniform Membership Fees for Ex-Servicemen. And, considering the need to increase our membership strength in terms of lakhs, it is recommended that we have a uniform Membership Fee of just Rs.10 for one & all. In so far as Donations are concerned, it would be totally voluntary and left to individual Ex-Servicemen, as to the amount they wish to Donate. Donations can never be made compulsory and clubbed with Membership Fees.
(d) To integrate, encourage & motivate Veterans coming from the States of the North East to join the mainstream and set up IESM in their respective States. They would be requested, to organize celebration of Kargil Diwas, in respective States, to start with, on 26 July2010.
2. The Meet was chaired by Veteran Lt Gen SK Bahri and presided by Veterans Lt Gen NSI Narahari, Vice Admiral Barin Ghose, Maj Gen HK Kapoor, Rear Admiral BR Vasanth, Maj Gen MC Nanjappa, Maj Gen Satbir Singh, Air Cmde MK Chandrasekhar, Brig JS Narasimhan and Naik Naidu.
3. Dr VS Acharya, the Hon’ble Home Minister graced the Meet and was gracious to say:
(a) The Govt of Karnataka is committed to take care of the welfare & well-being of the Ex-Servicemen residing in Karnataka.
(b) He would call for a meeting of the Home Ministers of the four southern states to discuss & deliberate on points concerning Ex-Servicemen welfare and jointly take up the points with Union Govt.
(c) Take up the matter regarding issue of Corrigendum to PPO by the PCDA (Pension) with the Central Govt.
4. The Hon’ble Home Minister then had a cup of Tea with the Ex-Servicemen. The Tea was hosted by the Govt of Karnataka.
5. The Chairman and Presiding Officers of the Meet and a number of Veterans, viz. Maj Gen Satbir Singh, Vice Chairman IESM, Gp Capt VK Gandhi, Gen Secy IESM and all State, Dist & City Convenors present addressed the gathering and expressed their views.
6. Col Martin Khongmen from Meghalaya, Maj Biren Borgohain from Assam and Maj Prafulla Kumar Sinha from Agartala expressed their happiness at being invited for the Meet and pledged to spread IESM in their respective states in the North East.
7. Veteran Vice Admiral Barin Ghose, a member of the 4th and 5th Central Pay Commission and an authority on Military Pension, gave an illuminating talk on the evolution of Military Pension and the rules that ought to be governing the grant of Pension to the personnel of the Defence Services.
8. The Veterans assembled from the four Southern States and J & K, Assam, Meghalaya & Tripura, after due discussion & deliberation and based on consensus, resolved to:
(a) Adopt a Federal Structure, viz. IESM Kerala, IESM J&K, IESM Karnataka, IESM Nagaland, etc. having a unified Command Structure with existing IESM central at its helm. The MoA of respective State IESM would incorporate the clause that 20% of receipts on account of Membership fees would be sent to the IESM Central.
(b) Adopt a uniform Membership Fee of just Rs.10 for all Veterans, irrespective of ranks.
(c) Go all out to increase the membership strength of IESM in terms of lakhs.
9. Once the membership fee of Rs.10 was accepted, over 300 Veterans (incl 138 Veterans who were present at the Meet itself) were enrolled as Members.
10. Donation. It was also heartening to note that a sum of Rs. 55,000 was donated during the Meet by Veterans as per details given below:
(a) Lt Gen SK Bahri- Rs.5000
(b) Rear Admiral Anonymous- Rs. 12,500
(c) Col Madhu Sudan Kapoor- Rs.25,000
(d) JC-115730 Sub Shiva Shankaraiah- Rs. 5000
(e) Naik Naidu of The Madras Sappers- Rs.7,500
11. Respected Gen SK Bahri, who chaired the Meet, in his summing up appreciated the conduct of the Meet and urged one & all Convenors present to go all out for a Membership Drive to enroll One Lakh members by 31 Dec 2010; and was very gracious to announce a Donation of Rs. One Lakh as a reward and an incentive & motivation to achieve the target; to which all Veterans present stood up and pledged that they would achieve the target by 31 Dec 2010.
12. Gen Bahri greatly appreciated the kind gesture of the Govt of Karnataka in making available the Banquet Hall in the Vidhan Soudha for the Ex-Servicemen Meet; and also the visit by the Hon’ble Home Minister of Karnataka and his commitment to the cause of Ex-Servicemen Welfare.
Col SS Rajan
The Convenor of the South Zone Military Veterans Meet
----------------
THE END
Monday, June 28, 2010
"LETS KEEP OUR SOLDIERS HAPPY" - LT. GEN.(RETD) BALJIT SINGH - TRIBUNE
Subedar Kaka Singh of 54 Sikh Battalion wearing the Sunday “walking-out” dress in January, 1908, at Nowshera cantonmentSunday, June 27, 2010
Let’s keep our soldiers happy
The bravery of Indian soldiers is legendary. The government needs to redress their grievances with alacrity, says Lieut-Gen Baljit Singh (retd)
Subedar Kaka Singh of 54 Sikh Battalion wearing the Sunday “walking-out” dress in January, 1908, at Nowshera cantonment
When the evolution of the concept of nation states got perfected in Europe in the 19th century, the conscripted armed levies were, as a rule, replaced by standing armies. The British were quick to exploit this new lethal instrument of governance to consolidate their overseas colonies into an "empire over which the sun never sets."
That the British were able to rule over their empire in India for over 100 years with relative ease, was to a great measure aided by a well-cared and most contented standing Army.
However, this lesson seems to have been generally lost on the Government of independent India post-1947, as becomes evident from the news carried by The Tribune recently that the "widow of a World War II soldier gets full pension after 64 years." When this fateful decision was announced by the 92nd Defence Adalat held at Guntur (Kerela), that widow was a ripe 88 years old. This gross neglect ought to be the national shame, if there ever was one.
In colonial India, the welfare of the soldiery was not the domain of the Army leadership alone, but rather an impulsively orchestrated effort by all departments of the civil administration. There is nothing which demonstrates this tenet of colonial policy better than the life of one Subedar Kaka Singh of 54 Sikh Battalion, post-retirement over 100 years ago in January, 1908.
Among the memorabilia preserved by the family of the Subedar, there is this testimonial given to him by his commanding officer:
"Subedar Kaka Singh, son of Bela Singh, has served in the 4th and 54 Sikhs for upward of 25 years, and has been a Native Officer in the Regiment since February, 1897. He has served six times in expeditions (battles) on the NW Frontier. He served two years as Native Officer Instructor at the School of Musketry, Chaangla Gali. He is very smart, energetic and an intelligent officer. He has applied to go on pension because his wife is very ill, and he must give up his time to her.
"I consider him an exceptionally able officer, and hope he will obtain some good appointment near his home."
Kenneth Buchanan
Lt Col
Comdg 54 Sikh PF
06.01.1908 ’’
The Subedar was the scion of the leading feudal family of Bhairupa (in today’s Bathinda district of Punjab) village with assured material security. So, on returning home, his sole concern was to seek out the best medical facility to treat his wife’s ailment. He learnt that the railway hospital at Bathinda junction was the best option.
Armed with the testimonial, he sought an interview with the Superintendent of Railways, Bathinda. The railway rules were silent on providing medical treatment to retired soldiers and their kin. But on the strength of the Army testimonial, the superintendent suggested that Kaka Singh may seek re-employment with the Railways.
The happy up-shot of that meeting was that two months later, Subedar Kaka Singh assumed the post of the Chief Inspector, Railway Tracks, and moved into a bungalow at Bathinda. His area of responsibility was the track from Bathinda to Lahore. While he learnt and performed his duties with military precision, his wife steadily but surely regained health in the care of the railway hospital staff.
Now in the post-1947 India, the case of sepoy Lakshmana Rao, who died in the fading days of World War II, and the paltry pension awarded to his widow Thota Venkatasubbamma (Amma), remained a non-issue. She was handed the princely sum of Rs 16 as monthly pension, and another Rs 4 as "child allowance", beginning 1945 right up to June, 2009.
It was a multi-tiered institutional failure, but more notably at two levels. First and foremost was the utter lack of concern shown by the Indian Defence Account auditors, who have the reputation of possessing hawk’s eyes. It is, indeed, strange that this discrepancy escaped their notice and their empathy. Even more shocking is the revelation that the Soldiers, Sailors, Airmen Board, which has an office down to each district headquarters in the entire country, should have been so apathetic that it took 63 years for redressal of such a grievous miscarriage of war pensionary award.
Amma was widowed at 24. Besides rearing a small child, she was also obliged to care for the ageing parents of her deceased husband. And what would the Rs 20 per month pension have provided for four? Even back in the 1950s/60s, no more than one rationed meal of chapattis and lentil and one cup of brown tea for the whole day.
Was Amma lucky to get material and moral support from her family? Was her child driven to child labour?
What good is the Rs 3.70 lakh now paid in arrears of war pension when Amma is 88. How can this money recompense for the lost times and shattered dreams and extinguished hopes of a bright future for her only child?
The Indian soldiery has never been found wanting, and certainly not in the post-1947 India. Yet the nation has seldom shown inclination to adequately understand their concerns and articulate them dispassionately and vigorously such that the soldiery’s grievances are redressed with alacrity and concern, always.
When the Government Becomes an Adversary of its Ex-servicemen..Maj Gen Mrinal Suman, AVSM, VSM, PhD
When the Government Becomes an Adversary of its Ex-servicemen
10 Jun 2010 Maj Gen Mrinal Suman, AVSM, VSM, PhD:
The growing adversarial relationship between the Government and ex-servicemen is a matter of grave concern. For the last few years, an impression is gaining ground that the Government is becoming increasingly intolerant and biased against ex-servicemen and is treating them unfairly. The military is an instrument of the Government. How can a Government let itself be seen as an adversary of its own constituent? More so when the affected constituent consists of retired soldiers who have given the best part of their lives to the nation and now, in the twilight of their lives, look up to the Government for support to be able to lead a respectable life. They do not seek favour or pity but ask for compassion, understanding and equity. They want their Government to acknowledge the severity of their service conditions and their contribution to nation safeguarding.
The vindictiveness and wickedness with which the Government is contesting court orders given in favour of the ex-servicemen has shocked even die-hard supporters of the Government. Three sets of recent cases are recalled hereunder to show Government’s intransigence and obduracy.
Grant of Rank Pay
The 4th Pay Commission had granted Rank Pay in addition to basic pay for officers up to the rank of Brigadier. There was no ambiguity at all. However, while fixing pay in the integrated scale, an amount equal to the Rank Pay was deceitfully deducted by the concerned bureaucrats from the total dues, thereby causing heavy financial loss to the officers. It was an act of betrayal of the trust of the armed forces. No other country in the world is known to have conspired and connived so blatantly to deprive its own soldiers of their rightful dues. Even DA, pension, gratuity and other related entitlements of the affected officers were adversely impacted. With one clever stroke, the Government had nullified the recommendations of the Pay Commission.
As all equivalence of appointments in the Government is based on pay scales, bureaucracy employed this stratagem to keep the comparative status of officers down. All pleas to the Government fell on deaf ears.
Major Dhanapalan approached Kerala High Court for justice in 1996. The Hon’ble Court ruled in favour of the petitioner and directed the Government to refix his basic pay with effect from 01 January 1986. Instead of accepting its mistake gracefully and ordering refixation of pay of all eligible officers, the Government appealed against the award to a larger Bench of the same court. The appeal was dismissed.
However, the Government was not done as yet and brazenly filed an SLP in the Supreme Court. The Hon’ble Supreme Court found no merit in the appeal and dismissed it. MoD grudgingly refixed the pay of Major Dhanapalan and sanctioned payment of arrears. Although the issue had wider application, the Government failed to show required magnanimity to extend the same dispensation to other affected officers under the specious plea that the Court orders pertained to the applicant only.
Dismayed by the apathetic attitude of the Government, many officers knocked at the doors of various courts in the country. The Hon’ble Supreme Court admitted a petition for transfer of all the writ petitions pending before the various High Courts in 2007. The matter was heard and finally disposed of by the Hon’ble Supreme Court on 08 Mar 2010. The Apex Court held that the judgment of the Hon’ble Kerala High Court was correct and reasonable and as such the benefit of this judgment be extended to all eligible officers of the Armed Forces. Additionally, the Hon’ble Apex Court awarded 6% interest on the amount due to the officers.
The level to which the Government can stoop can be gauged from the fact that it has recently moved an application in the Apex Court for directions seeking modification/ directions/ recall of the said order of 08 March 2010. It is obsessively resisting grant of overdue arrears to its officers despite clear-cut court directions.
Fixation of Pension
In the case of Union of India and Major General Vains and Others, the Hon’ble Supreme Court had, vide its judgement of 09 September 2009, directed that the pay of all pensioners in the rank of Major General and its equivalent rank in the two other Wings of the Defence Services be notionally fixed at the rate given to similar officers of the same rank after the revision of pay scales with effect from 01 January 1996. The Apex Court ruled that similarly placed officers of the same rank should be given the same pension irrespective of the date of retirement and that no defence personnel senior in rank can get less pension than his junior irrespective of the date of retirement. Thus, principles governing fixation of pension were unambiguously laid down by the Hon’ble Apex Court.
The Government should have accepted the above directions in the correct spirit and applied them across the board. Instead, it continued with its hostile approach and grudgingly readjusted pension only of pre-1966 and their equivalents in Navy and Air Force. Disparity between pensionary benefits of pre-2006 and post-2006 Major Generals continues. Most dishonestly, the Government decided to ignore the principles enunciated by the Hon’ble Court and applied its directions only to the barest inescapable cases.
It was left to the Armed Forces Tribunal (AFT) Chandigarh, when approached by the aggrieved parties, to rule, vide its judgment dated 03 March 2010, that the SC ruling dated 09 Sep 2009 be applied to pre-2006 retirees as well and that the judgment be implemented in three months time.
Concurrently, in another case, AFT Chandigarh, vide its judgment of 08 March 2010, ruled that the state cannot lay down different criteria for grant of pensions to officers, JCOs and Jawans on the basis of cut-off date of retirement. No defence person can draw less pension than his junior in rank irrespective of the date of retirement. All pensioners of the same rank and service irrespective of the date of retirement are entitled to the same pension. The above directions were ordered to be implemented within four months.
Although the Hon’ble Supreme Court has been counseling against frivolous and unjust litigation by governments and statutory authorities in a callous and highhanded manner, it is learnt that the Government is planning to appeal against the above judgments – a sad illustration of pettiness getting better of a sense of equity and justice. Strangely, it does not appear incongruous and absurd to the Government that it pays lesser pension to a Havildar than a Jawan who is two ranks his junior. Similarly, a Brigadier is getting lesser pension than a Colonel, only due to different dates of retirement.
Disability Compensation
The case of C S Sidhu, a Short Service Commissioned Officer whose right arm had to be amputated due to an accident while serving on the border in high altitude area in November 1970, is symptomatic of the disdain and viciousness with which an apathetic Government treats its brave soldiers. His pension was fixed at Rs 1,000 per month. Directions of the Punjab and Haryana High Court to pay higher pension were challenged by a unabashed Government in the Supreme Court. While dismissing the appeal on 01 April 10, a bench of Justices Markandeya Katju and A K Patnaik slammed the Government for treating army personnel like "beggars" in respect of emoluments and pension and asked the authorities to adopt a more "humane approach" towards those bravely defending the country's borders.
"If a person goes to any part of Delhi and sits for begging, he will earn Rs 1000 every day and you are offering a pittance of Rs 1000 per month for a man who fought for the country in the high altitudes and whose arm was amputated? Is this the way you treat those brave army officers? It is unfortunate that you are treating them like beggars." observed the Hon’ble Court in verbal comments while passing the order.
It noted, "The army personnel are bravely defending the country even at the cost of their lives and we feel they should be treated in a better and more humane manner by government authorities, particularly, in respect of their emoluments, pension and other benefits.”
In its written order, the Apex Court stated, “We regret to say that the army officers and army men in our country are being treated in a shabby manner by the government. In this case, the respondent (Sidhu) who was posted at a high altitude field area and met with an accident during discharge of his duties was granted a meagre pension. This is a pittance (about Rs 1000) per month plus D.A…..If this is the manner in which the army personnel are treated, it can only be said that it is extremely unfortunate."
An Attitude of Hostility
Having failed to move the Government to accept their genuine demands, ex-servicemen felt compelled to resort to peaceful protests like ‘dharnas’. Not a single Government leader or functionary thought it necessary to meet the protesting ex-servicemen to understand their problems. Nearly 6,000 ex-servicemen signed in blood to express their frustration. The Government remained totally insensitive and indifferent. Over 22,000 medals were returned by the dismayed ex-soldiers to the President of India on six occasions as a mark of protest against their total neglect. Medals earned during active service are the proudest possession of soldiers and their being driven to surrender them would have made any government sit up and take note. But the Indian Government, true to its wont, remained unconcerned. This episode will certainly go down as a dark chapter in the history of Independent India, wherein ex-soldiers were treated so disdainfully.
It is a matter of shame that the Supreme Commander of the armed forces, the President of India, has not been able to spare a few minutes to meet a delegation of ex-servicemen despite repeated requests for a meeting. She can meet all and sundry but not the soldiers due to whose sacrifices India continues to exist as an independent nation. Compare this with what President Obama said at the Veterans of Foreign Wars Convention at the Phoenix Convention Center on 17 August 2009, “You have fulfilled your responsibilities. And now a grateful nation must fulfill ours. And so long as I am President of the United States, America will always fulfill its responsibilities to you”, he declared. He termed America's commitment to its veterans as sacred bonds and a sacred trust Americans are honour bound to uphold. It is no wonder that America has been the undisputed world power whereas every foreign invader succeeding in enslaving India.
Conclusion
Purportedly to solve the problems faced by ex-servicemen, a new Department of Ex-Servicemen Welfare (DEW) was raised in the Ministry of Defence in 2004 with much fanfare. It was with the ostensible mandate of dealing with resettlement, welfare and pensionary matters of ex-servicemen. DEW has turned out to be a cruel joke played on the hapless ex-servicemen by self-serving bureaucracy. DEW is headed by a bureaucrat and there is no ex-serviceman in the whole department at all. The opportunity has been utilised to create another Secretary level appointment. Needless to say that without first-hand experience, DEW has degenerated into another bureaucratic quagmire where no proposal ever fructifies.
A comparison of DEW with the US Department of Veterans Affairs (DVA) will be enlightening. All the top officers of DVA are ex-servicemen. It is headed by the Secretary of Veterans Affairs, General Ric Shinseki, a lifelong soldier and a wounded warrior from Vietnam. Under the direction of the President, he is responsible for administering benefit programmes for veterans, their families and their survivors. He is a member of the President's Cabinet. His Deputy Secretary, W. Scott Gould is a veteran of the U.S. Navy, having taken active part in Operation Noble Eagle and Enduring Freedom. He was awarded the Navy Meritorious Service Medal. John R. Gingrich, Chief of Staff of DVA, is an artillery officer having retired in 2001 as a Colonel after completing 30 years of service. Most of the subordinate functionaries also possess military experience.
Regrettably, the Government has failed to appreciate the intensity and criticality of the relationship that ex-servicemen enjoy with the serving soldiers. It is a unique umbilical cord that binds the two into an everlasting bond. Not only are the ex-servicemen treated as repositories of unit traditions but also considered as conscience-keepers of the battalions. In no other organisation are the retired personnel treated with so much of respect and due deference. Therefore, the way a Government cares for its ex-servicemen has a profound effect on the morale of the serving soldiers. Shabby and apathetic treatment meted out to ex-servicemen by an ungrateful Government can never motivate a soldier as he sees himself as an ex-serviceman of the future. He starts entertaining doubts about Government’s sincerity in fulfilling its commitments to him after superannuation.
It is time the Government reviews its stance and tries to regain its lost credibility amongst ex-servicemen. For that, it should institute proceedings against the officials who connived to deprive the officers of their Rank Pay. They must be exposed for their nefarious act and shamed publically as anti-national elements for demoralizing the armed forces. Secondly, officials who recommend filing of revision petitions should be identified and made accountable for wasting public money and bringing disrepute to the Government. Finally, all judgments issued in favour of ex-servicemen should be implemented in letter and spirit in a convivial manner, without any past rancor.
Today, ex-servicemen are a disillusioned and disappointed lot. They feel let down by their Government. Their exasperation and plight of helplessness can be best described by recalling the poignant lines of lyricist Anand Bakshi –
“When an enemy inflicts a wound, a well-wisher comforts the heart;
But when a well-wisher inflicts a wound, who will heal it?
If a boat is trapped in midstream, helmsman can row it ashore;
But when the helmsman sinks the boat, who can save it?”
10 Jun 2010 Maj Gen Mrinal Suman, AVSM, VSM, PhD:
The growing adversarial relationship between the Government and ex-servicemen is a matter of grave concern. For the last few years, an impression is gaining ground that the Government is becoming increasingly intolerant and biased against ex-servicemen and is treating them unfairly. The military is an instrument of the Government. How can a Government let itself be seen as an adversary of its own constituent? More so when the affected constituent consists of retired soldiers who have given the best part of their lives to the nation and now, in the twilight of their lives, look up to the Government for support to be able to lead a respectable life. They do not seek favour or pity but ask for compassion, understanding and equity. They want their Government to acknowledge the severity of their service conditions and their contribution to nation safeguarding.
The vindictiveness and wickedness with which the Government is contesting court orders given in favour of the ex-servicemen has shocked even die-hard supporters of the Government. Three sets of recent cases are recalled hereunder to show Government’s intransigence and obduracy.
Grant of Rank Pay
The 4th Pay Commission had granted Rank Pay in addition to basic pay for officers up to the rank of Brigadier. There was no ambiguity at all. However, while fixing pay in the integrated scale, an amount equal to the Rank Pay was deceitfully deducted by the concerned bureaucrats from the total dues, thereby causing heavy financial loss to the officers. It was an act of betrayal of the trust of the armed forces. No other country in the world is known to have conspired and connived so blatantly to deprive its own soldiers of their rightful dues. Even DA, pension, gratuity and other related entitlements of the affected officers were adversely impacted. With one clever stroke, the Government had nullified the recommendations of the Pay Commission.
As all equivalence of appointments in the Government is based on pay scales, bureaucracy employed this stratagem to keep the comparative status of officers down. All pleas to the Government fell on deaf ears.
Major Dhanapalan approached Kerala High Court for justice in 1996. The Hon’ble Court ruled in favour of the petitioner and directed the Government to refix his basic pay with effect from 01 January 1986. Instead of accepting its mistake gracefully and ordering refixation of pay of all eligible officers, the Government appealed against the award to a larger Bench of the same court. The appeal was dismissed.
However, the Government was not done as yet and brazenly filed an SLP in the Supreme Court. The Hon’ble Supreme Court found no merit in the appeal and dismissed it. MoD grudgingly refixed the pay of Major Dhanapalan and sanctioned payment of arrears. Although the issue had wider application, the Government failed to show required magnanimity to extend the same dispensation to other affected officers under the specious plea that the Court orders pertained to the applicant only.
Dismayed by the apathetic attitude of the Government, many officers knocked at the doors of various courts in the country. The Hon’ble Supreme Court admitted a petition for transfer of all the writ petitions pending before the various High Courts in 2007. The matter was heard and finally disposed of by the Hon’ble Supreme Court on 08 Mar 2010. The Apex Court held that the judgment of the Hon’ble Kerala High Court was correct and reasonable and as such the benefit of this judgment be extended to all eligible officers of the Armed Forces. Additionally, the Hon’ble Apex Court awarded 6% interest on the amount due to the officers.
The level to which the Government can stoop can be gauged from the fact that it has recently moved an application in the Apex Court for directions seeking modification/ directions/ recall of the said order of 08 March 2010. It is obsessively resisting grant of overdue arrears to its officers despite clear-cut court directions.
Fixation of Pension
In the case of Union of India and Major General Vains and Others, the Hon’ble Supreme Court had, vide its judgement of 09 September 2009, directed that the pay of all pensioners in the rank of Major General and its equivalent rank in the two other Wings of the Defence Services be notionally fixed at the rate given to similar officers of the same rank after the revision of pay scales with effect from 01 January 1996. The Apex Court ruled that similarly placed officers of the same rank should be given the same pension irrespective of the date of retirement and that no defence personnel senior in rank can get less pension than his junior irrespective of the date of retirement. Thus, principles governing fixation of pension were unambiguously laid down by the Hon’ble Apex Court.
The Government should have accepted the above directions in the correct spirit and applied them across the board. Instead, it continued with its hostile approach and grudgingly readjusted pension only of pre-1966 and their equivalents in Navy and Air Force. Disparity between pensionary benefits of pre-2006 and post-2006 Major Generals continues. Most dishonestly, the Government decided to ignore the principles enunciated by the Hon’ble Court and applied its directions only to the barest inescapable cases.
It was left to the Armed Forces Tribunal (AFT) Chandigarh, when approached by the aggrieved parties, to rule, vide its judgment dated 03 March 2010, that the SC ruling dated 09 Sep 2009 be applied to pre-2006 retirees as well and that the judgment be implemented in three months time.
Concurrently, in another case, AFT Chandigarh, vide its judgment of 08 March 2010, ruled that the state cannot lay down different criteria for grant of pensions to officers, JCOs and Jawans on the basis of cut-off date of retirement. No defence person can draw less pension than his junior in rank irrespective of the date of retirement. All pensioners of the same rank and service irrespective of the date of retirement are entitled to the same pension. The above directions were ordered to be implemented within four months.
Although the Hon’ble Supreme Court has been counseling against frivolous and unjust litigation by governments and statutory authorities in a callous and highhanded manner, it is learnt that the Government is planning to appeal against the above judgments – a sad illustration of pettiness getting better of a sense of equity and justice. Strangely, it does not appear incongruous and absurd to the Government that it pays lesser pension to a Havildar than a Jawan who is two ranks his junior. Similarly, a Brigadier is getting lesser pension than a Colonel, only due to different dates of retirement.
Disability Compensation
The case of C S Sidhu, a Short Service Commissioned Officer whose right arm had to be amputated due to an accident while serving on the border in high altitude area in November 1970, is symptomatic of the disdain and viciousness with which an apathetic Government treats its brave soldiers. His pension was fixed at Rs 1,000 per month. Directions of the Punjab and Haryana High Court to pay higher pension were challenged by a unabashed Government in the Supreme Court. While dismissing the appeal on 01 April 10, a bench of Justices Markandeya Katju and A K Patnaik slammed the Government for treating army personnel like "beggars" in respect of emoluments and pension and asked the authorities to adopt a more "humane approach" towards those bravely defending the country's borders.
"If a person goes to any part of Delhi and sits for begging, he will earn Rs 1000 every day and you are offering a pittance of Rs 1000 per month for a man who fought for the country in the high altitudes and whose arm was amputated? Is this the way you treat those brave army officers? It is unfortunate that you are treating them like beggars." observed the Hon’ble Court in verbal comments while passing the order.
It noted, "The army personnel are bravely defending the country even at the cost of their lives and we feel they should be treated in a better and more humane manner by government authorities, particularly, in respect of their emoluments, pension and other benefits.”
In its written order, the Apex Court stated, “We regret to say that the army officers and army men in our country are being treated in a shabby manner by the government. In this case, the respondent (Sidhu) who was posted at a high altitude field area and met with an accident during discharge of his duties was granted a meagre pension. This is a pittance (about Rs 1000) per month plus D.A…..If this is the manner in which the army personnel are treated, it can only be said that it is extremely unfortunate."
An Attitude of Hostility
Having failed to move the Government to accept their genuine demands, ex-servicemen felt compelled to resort to peaceful protests like ‘dharnas’. Not a single Government leader or functionary thought it necessary to meet the protesting ex-servicemen to understand their problems. Nearly 6,000 ex-servicemen signed in blood to express their frustration. The Government remained totally insensitive and indifferent. Over 22,000 medals were returned by the dismayed ex-soldiers to the President of India on six occasions as a mark of protest against their total neglect. Medals earned during active service are the proudest possession of soldiers and their being driven to surrender them would have made any government sit up and take note. But the Indian Government, true to its wont, remained unconcerned. This episode will certainly go down as a dark chapter in the history of Independent India, wherein ex-soldiers were treated so disdainfully.
It is a matter of shame that the Supreme Commander of the armed forces, the President of India, has not been able to spare a few minutes to meet a delegation of ex-servicemen despite repeated requests for a meeting. She can meet all and sundry but not the soldiers due to whose sacrifices India continues to exist as an independent nation. Compare this with what President Obama said at the Veterans of Foreign Wars Convention at the Phoenix Convention Center on 17 August 2009, “You have fulfilled your responsibilities. And now a grateful nation must fulfill ours. And so long as I am President of the United States, America will always fulfill its responsibilities to you”, he declared. He termed America's commitment to its veterans as sacred bonds and a sacred trust Americans are honour bound to uphold. It is no wonder that America has been the undisputed world power whereas every foreign invader succeeding in enslaving India.
Conclusion
Purportedly to solve the problems faced by ex-servicemen, a new Department of Ex-Servicemen Welfare (DEW) was raised in the Ministry of Defence in 2004 with much fanfare. It was with the ostensible mandate of dealing with resettlement, welfare and pensionary matters of ex-servicemen. DEW has turned out to be a cruel joke played on the hapless ex-servicemen by self-serving bureaucracy. DEW is headed by a bureaucrat and there is no ex-serviceman in the whole department at all. The opportunity has been utilised to create another Secretary level appointment. Needless to say that without first-hand experience, DEW has degenerated into another bureaucratic quagmire where no proposal ever fructifies.
A comparison of DEW with the US Department of Veterans Affairs (DVA) will be enlightening. All the top officers of DVA are ex-servicemen. It is headed by the Secretary of Veterans Affairs, General Ric Shinseki, a lifelong soldier and a wounded warrior from Vietnam. Under the direction of the President, he is responsible for administering benefit programmes for veterans, their families and their survivors. He is a member of the President's Cabinet. His Deputy Secretary, W. Scott Gould is a veteran of the U.S. Navy, having taken active part in Operation Noble Eagle and Enduring Freedom. He was awarded the Navy Meritorious Service Medal. John R. Gingrich, Chief of Staff of DVA, is an artillery officer having retired in 2001 as a Colonel after completing 30 years of service. Most of the subordinate functionaries also possess military experience.
Regrettably, the Government has failed to appreciate the intensity and criticality of the relationship that ex-servicemen enjoy with the serving soldiers. It is a unique umbilical cord that binds the two into an everlasting bond. Not only are the ex-servicemen treated as repositories of unit traditions but also considered as conscience-keepers of the battalions. In no other organisation are the retired personnel treated with so much of respect and due deference. Therefore, the way a Government cares for its ex-servicemen has a profound effect on the morale of the serving soldiers. Shabby and apathetic treatment meted out to ex-servicemen by an ungrateful Government can never motivate a soldier as he sees himself as an ex-serviceman of the future. He starts entertaining doubts about Government’s sincerity in fulfilling its commitments to him after superannuation.
It is time the Government reviews its stance and tries to regain its lost credibility amongst ex-servicemen. For that, it should institute proceedings against the officials who connived to deprive the officers of their Rank Pay. They must be exposed for their nefarious act and shamed publically as anti-national elements for demoralizing the armed forces. Secondly, officials who recommend filing of revision petitions should be identified and made accountable for wasting public money and bringing disrepute to the Government. Finally, all judgments issued in favour of ex-servicemen should be implemented in letter and spirit in a convivial manner, without any past rancor.
Today, ex-servicemen are a disillusioned and disappointed lot. They feel let down by their Government. Their exasperation and plight of helplessness can be best described by recalling the poignant lines of lyricist Anand Bakshi –
“When an enemy inflicts a wound, a well-wisher comforts the heart;
But when a well-wisher inflicts a wound, who will heal it?
If a boat is trapped in midstream, helmsman can row it ashore;
But when the helmsman sinks the boat, who can save it?”
South Zone Mil Vet Meet on Sunday, 27 June a Success
From: Colonelrajan Srinivas
Sent: 28 June 2010 10:45
To: Maj Gen Satbir Singh SM; Gandhi VK Gp Capt
Cc: CoreGpIESM
Subject: [CoreGpIESM] Expression of Gratitude
Respected Veteran Gen Satbir Singh and Respected Veteran Gp Capt Vinod Gandhi,
Jai Hind & my salute to you both.
I thank you & wish to express my gratitude to you both for being kind to come and participate in the South Zone Mil Vet Meet on Sunday, 27 June.
Regards,
Col Rajan
Copy to:
Members of the IESM Core Gp
Respected Sirs,
Jai Hind.
I just wish to share with you all that the entire gathering (incl the Home Minister of Karnataka) were moved & shaken by the talks by Gen Satbir Singh and Gp Capt Vinod Gandhi.
Three Cheers to Gen Sat bir Singh and Three Cheesrs to Gp Capt Vonod Gandhi. And more than anything else, their coming to Bangalore was a morale booster and expression of solidarity.
Regards,
Col Rajan
Sent: 28 June 2010 10:45
To: Maj Gen Satbir Singh SM; Gandhi VK Gp Capt
Cc: CoreGpIESM
Subject: [CoreGpIESM] Expression of Gratitude
Respected Veteran Gen Satbir Singh and Respected Veteran Gp Capt Vinod Gandhi,
Jai Hind & my salute to you both.
I thank you & wish to express my gratitude to you both for being kind to come and participate in the South Zone Mil Vet Meet on Sunday, 27 June.
Regards,
Col Rajan
Copy to:
Members of the IESM Core Gp
Respected Sirs,
Jai Hind.
I just wish to share with you all that the entire gathering (incl the Home Minister of Karnataka) were moved & shaken by the talks by Gen Satbir Singh and Gp Capt Vinod Gandhi.
Three Cheers to Gen Sat bir Singh and Three Cheesrs to Gp Capt Vonod Gandhi. And more than anything else, their coming to Bangalore was a morale booster and expression of solidarity.
Regards,
Col Rajan
Wednesday, June 23, 2010
Petition to the President of India by Dr. M S Randhawa and Capt C S Sidhu of 5 Para
Dear Vijai,
I am attaching the Petition which has been submitted by our learned well wisher Dr. M S Randhawa and Capt C S Sidhu of 5 Para to the President of India for your kind perusal.
Please ask your staff to place before you the interviews on the subject which appeared in the Tribune as well the Hindustan Times of 21 June which are self speaking.
All efforts are on to do whatever possible at our level to save whatever is left of us by the unscrupulous Politicians and the Selfish National populace.
Wishing you the very best.
Yours
Col Kulbir Singh
M - 9855197417
From: ms.randhawa@hotmail.com
To: presidentofindia@rb.nic.in
Subject: CITIZENS’ PETITION UNDER ARTICLE 350 ON SOLDIERS' DEMANDS
Date: Sun, 23 May 2010 19:44:37 +0530
CITIZENS’ PETITION
UNDER ARTICLE 350 OF THE CONSTITUTION OF INDIA
TO
PRESIDENT OF INDIA
FOR
SENDING MESSAGE TO PARLIAMENT
UNDER ARTICLE 86 OF
THE CONSTITUTION OF INDIA
………………………………….
HER EXCELLANCY PRESIDENT OF INDIA
RASHTRAPATI BHAVAN
NEW DELHI
PETITIONERS
Dr. Manjit Singh Randhawa s/o S. Parmohinder Singh Randhawa, Indian Citizen, resident of 3-Bindra Colony, Tripuri Road Patiala, Punjab, India.
(Patron, Punjab Civil Medical Services Association)
2. Capt. Chanan Singh Sidhu (Retd.) s/o S. Summa Singh, Indian Citizen, resident of Sidhu Farm House, VPO Mullanpur Garib, Distt, Mohali, Punjab, India.
(Chief Spokesperson of All India Defense Brotherhood)
(Both Co-Conveners of Joint Panel of Citizens and Soldiers)
PETITION UNDER ARTICLE 350
FOR ISSUANCE OF MESSAGE TO PARLIAMENT
UNDER ARTICLE 86 OF THE CONSTITUTION OF INDIA,
TO DISCUSS AND RESOLVE FORTHWITH,
JUST DEMANDS/GRIEVANCES OF IN-SERVICE AND EX-SERVICE
DEFENSE SOLDIERS, OFFICERS AND WIDOWS,
IN NATIONAL INTEREST, IN VEIW OF OBSERVATIONS OF
HON’BLE SUPREME COURT OF INDIA
Prayer as under:
In good faith, as conscientious citizens, it is our duty to remind your good self as Constitutional Head of Indian Nation and Supreme Commander of Defense Forces, the advice of Good-Governance Genius Kautilya to King Chandragupta Maurya on duties of the government towards country’s soldiers:
"Pataliputra rests each night in peaceful comfort, O King, secure in the belief that the distant borders of Magadha are inviolate and the interiors are safe and secure, thanks only to the Mauryan Army standing vigil with naked swords and eyes peeled for action, day and night, in weather fair and foul, all eight praharas (round the clock), quite unmindful of personal discomfort and hardship, all through the year, year after year.
To this man, O Rajadhiraja, you owe a debt: please, therefore, see to it, suo motu, that the soldier continuously gets his dues in every form and respect, be they his needs or his wants, for he is not likely to ask for them himself.
The day the soldier has to demand his dues will be a sad day for Magadha; for then, on that day, you will have lost all moral sanction to be King!"
That today our soldiers have not only been demanding but are agitating to get their legitimate dues. They were compelled to resort to public protests and even return their War-medals to make their voice heard to seek justice.
That in spite of years of relentless struggle they could not move an insensitive Union Government, as is evident from recent announcements by the Defense Minister on the issue.
That to caution the Indian Nation not to forget: “Jai Jawan-Jai Kisan” to repent the inevitable consequences.
That history stands testimony to extremely painful memories that the Indian Nation suffered humiliation and slavery of Moguls and British for centuries as its fighting forces stood neglected and weakened in peace times.
That “neglect leads to demoralization”. Unfortunately, short-sighted governments of our beloved motherland have so neglected the brave soldiers that “termites of demoralization have already crept in the defense force that may erode its very foundation if not taken care in time”, observed a decorated senior Ex-Army officer who has his son, daughter and son in law, all serving army officers.
That there are eye-openers, where the soldiers committed suicides and prematurely left defense services to join private sector assignments. Fact remains that best talent is not coming forward to join defense services and our army is short of 14000 officers, leaving aside navy and air-force.
That we can not afford to neglect our soldiers when we need them most, in face of extremely serious internal and external security threats to our beloved motherland, from Global Terrorist Groups, Naxalite insurgency, Taliban and hostile neighboring countries like China and Pakistan.
That Hon’ble Supreme Court of India in its milestone judgment delivered on 31 March, 2010, by Hon’ble Judge(s) Markandev Katju, A.K. Patnaik in Civil Appeal 4474 of 2005, Union Government v/s Capt. C.S. Sidhu observed:
“Before parting with this case, we regret to say that the army officers and army men in our country are being treated in a shabby manner by the government. In this case, the respondent, who was posted at a high altitude field area and met with an accident during discharge of his duties, was granted a meager pension as stated in Annexure-P3 to this appeal. This is a pittance (about Rs. 1000/- per month plus D.A.). If this is the manner in which the army personnel are treated, it can only be said that it is extremely unfortunate. The army personnel are bravely defending the country even at the cost of their lives and we feel that they should be treated in a better and more humane manner by the governmental authorities, particularly, in respect of their emoluments, pension and other benefits.”
That Hon’ble Supreme Court has taken the lid off the national shame on how we treat our soldiers, who sacrifice comforts and their lives while defending sovereignty and integrity of our country so that we all can “live and rest in peaceful comfort”.
Ironically, in our country a soldier stationed at 20,000 ft altitude at -30 C is paid even less than a bank peon. There are no job-guarantees for ex-servicemen, Chief of Army staff stands degraded in protocol from 5th to 24th position, and widows of army-men are left to fend for themselves being denied job security available in civil services.
That in national interest and in the interest of justice, whole Nation eagerly awaits your personal intervention, as supreme commander of the forces, to clean the blot on Indian Nation of neglecting its brave soldiers.
That we the citizens of India are ready to bear any exclusive surcharge or tax to give army-men their dues without further delay.
It is requested that both houses of Parliament of India may kindly be sent a message from President of India under Article 86 of the Constitution of India, to consider and resolve all pending demands/grievances of soldiers, officers and widows including ‘One Rank-One Pension’, Separate Pay Commission for Armed Forces, Job Security to Soldiers up to 60 years of age and rehabilitation of army widows, besides Restoration of protocol fifth position to Chief of Army Staff.
PETITIONERS
(Dr. Manjit Singh Randhawa)
(Capt. Chanan Singh Sidhu Retd.)
I am attaching the Petition which has been submitted by our learned well wisher Dr. M S Randhawa and Capt C S Sidhu of 5 Para to the President of India for your kind perusal.
Please ask your staff to place before you the interviews on the subject which appeared in the Tribune as well the Hindustan Times of 21 June which are self speaking.
All efforts are on to do whatever possible at our level to save whatever is left of us by the unscrupulous Politicians and the Selfish National populace.
Wishing you the very best.
Yours
Col Kulbir Singh
M - 9855197417
From: ms.randhawa@hotmail.com
To: presidentofindia@rb.nic.in
Subject: CITIZENS’ PETITION UNDER ARTICLE 350 ON SOLDIERS' DEMANDS
Date: Sun, 23 May 2010 19:44:37 +0530
CITIZENS’ PETITION
UNDER ARTICLE 350 OF THE CONSTITUTION OF INDIA
TO
PRESIDENT OF INDIA
FOR
SENDING MESSAGE TO PARLIAMENT
UNDER ARTICLE 86 OF
THE CONSTITUTION OF INDIA
………………………………….
HER EXCELLANCY PRESIDENT OF INDIA
RASHTRAPATI BHAVAN
NEW DELHI
PETITIONERS
Dr. Manjit Singh Randhawa s/o S. Parmohinder Singh Randhawa, Indian Citizen, resident of 3-Bindra Colony, Tripuri Road Patiala, Punjab, India.
(Patron, Punjab Civil Medical Services Association)
2. Capt. Chanan Singh Sidhu (Retd.) s/o S. Summa Singh, Indian Citizen, resident of Sidhu Farm House, VPO Mullanpur Garib, Distt, Mohali, Punjab, India.
(Chief Spokesperson of All India Defense Brotherhood)
(Both Co-Conveners of Joint Panel of Citizens and Soldiers)
PETITION UNDER ARTICLE 350
FOR ISSUANCE OF MESSAGE TO PARLIAMENT
UNDER ARTICLE 86 OF THE CONSTITUTION OF INDIA,
TO DISCUSS AND RESOLVE FORTHWITH,
JUST DEMANDS/GRIEVANCES OF IN-SERVICE AND EX-SERVICE
DEFENSE SOLDIERS, OFFICERS AND WIDOWS,
IN NATIONAL INTEREST, IN VEIW OF OBSERVATIONS OF
HON’BLE SUPREME COURT OF INDIA
Prayer as under:
In good faith, as conscientious citizens, it is our duty to remind your good self as Constitutional Head of Indian Nation and Supreme Commander of Defense Forces, the advice of Good-Governance Genius Kautilya to King Chandragupta Maurya on duties of the government towards country’s soldiers:
"Pataliputra rests each night in peaceful comfort, O King, secure in the belief that the distant borders of Magadha are inviolate and the interiors are safe and secure, thanks only to the Mauryan Army standing vigil with naked swords and eyes peeled for action, day and night, in weather fair and foul, all eight praharas (round the clock), quite unmindful of personal discomfort and hardship, all through the year, year after year.
To this man, O Rajadhiraja, you owe a debt: please, therefore, see to it, suo motu, that the soldier continuously gets his dues in every form and respect, be they his needs or his wants, for he is not likely to ask for them himself.
The day the soldier has to demand his dues will be a sad day for Magadha; for then, on that day, you will have lost all moral sanction to be King!"
That today our soldiers have not only been demanding but are agitating to get their legitimate dues. They were compelled to resort to public protests and even return their War-medals to make their voice heard to seek justice.
That in spite of years of relentless struggle they could not move an insensitive Union Government, as is evident from recent announcements by the Defense Minister on the issue.
That to caution the Indian Nation not to forget: “Jai Jawan-Jai Kisan” to repent the inevitable consequences.
That history stands testimony to extremely painful memories that the Indian Nation suffered humiliation and slavery of Moguls and British for centuries as its fighting forces stood neglected and weakened in peace times.
That “neglect leads to demoralization”. Unfortunately, short-sighted governments of our beloved motherland have so neglected the brave soldiers that “termites of demoralization have already crept in the defense force that may erode its very foundation if not taken care in time”, observed a decorated senior Ex-Army officer who has his son, daughter and son in law, all serving army officers.
That there are eye-openers, where the soldiers committed suicides and prematurely left defense services to join private sector assignments. Fact remains that best talent is not coming forward to join defense services and our army is short of 14000 officers, leaving aside navy and air-force.
That we can not afford to neglect our soldiers when we need them most, in face of extremely serious internal and external security threats to our beloved motherland, from Global Terrorist Groups, Naxalite insurgency, Taliban and hostile neighboring countries like China and Pakistan.
That Hon’ble Supreme Court of India in its milestone judgment delivered on 31 March, 2010, by Hon’ble Judge(s) Markandev Katju, A.K. Patnaik in Civil Appeal 4474 of 2005, Union Government v/s Capt. C.S. Sidhu observed:
“Before parting with this case, we regret to say that the army officers and army men in our country are being treated in a shabby manner by the government. In this case, the respondent, who was posted at a high altitude field area and met with an accident during discharge of his duties, was granted a meager pension as stated in Annexure-P3 to this appeal. This is a pittance (about Rs. 1000/- per month plus D.A.). If this is the manner in which the army personnel are treated, it can only be said that it is extremely unfortunate. The army personnel are bravely defending the country even at the cost of their lives and we feel that they should be treated in a better and more humane manner by the governmental authorities, particularly, in respect of their emoluments, pension and other benefits.”
That Hon’ble Supreme Court has taken the lid off the national shame on how we treat our soldiers, who sacrifice comforts and their lives while defending sovereignty and integrity of our country so that we all can “live and rest in peaceful comfort”.
Ironically, in our country a soldier stationed at 20,000 ft altitude at -30 C is paid even less than a bank peon. There are no job-guarantees for ex-servicemen, Chief of Army staff stands degraded in protocol from 5th to 24th position, and widows of army-men are left to fend for themselves being denied job security available in civil services.
That in national interest and in the interest of justice, whole Nation eagerly awaits your personal intervention, as supreme commander of the forces, to clean the blot on Indian Nation of neglecting its brave soldiers.
That we the citizens of India are ready to bear any exclusive surcharge or tax to give army-men their dues without further delay.
It is requested that both houses of Parliament of India may kindly be sent a message from President of India under Article 86 of the Constitution of India, to consider and resolve all pending demands/grievances of soldiers, officers and widows including ‘One Rank-One Pension’, Separate Pay Commission for Armed Forces, Job Security to Soldiers up to 60 years of age and rehabilitation of army widows, besides Restoration of protocol fifth position to Chief of Army Staff.
PETITIONERS
(Dr. Manjit Singh Randhawa)
(Capt. Chanan Singh Sidhu Retd.)
PARAWISE COMMENTS PREPARED BY MAJOR AK DHANAPALAN
From: Satish Kumar Bahri
Subject: PARAWISE COMMENTS PREPARED BY MAJOR AK DHANAPALAN
To: DELETED
Date: Friday, 18 June, 2010, 6:30 PM
The comments of Maj Dhanapalan are logical and bares the nefarious intentions of the bureaucracy. All ESM orgs should write to the PM, RM, FM that such injustice to servicemen will be resisted by them and may result in greater loss of face to the Govt which is attempting to go against all norms of decency and fairplay. I have already written a letter to Mrs Sonia Gandhi with copies to PM, RM, Law Minister and the three Chiefs. Will be forwarding copies of it in a day or so to all of you.
Lt Gen SK Bahri
(1ST JSW Course)
Subject: PARAWISE COMMENTS PREPARED BY MAJOR AK DHANAPALAN
To: DELETED
Date: Friday, 18 June, 2010, 6:30 PM
The comments of Maj Dhanapalan are logical and bares the nefarious intentions of the bureaucracy. All ESM orgs should write to the PM, RM, FM that such injustice to servicemen will be resisted by them and may result in greater loss of face to the Govt which is attempting to go against all norms of decency and fairplay. I have already written a letter to Mrs Sonia Gandhi with copies to PM, RM, Law Minister and the three Chiefs. Will be forwarding copies of it in a day or so to all of you.
Lt Gen SK Bahri
(1ST JSW Course)
Tuesday, June 22, 2010
EXPRESSION OF GRATITUDE To Col HC Lohumi
From: colonelrajan44@gmail.com
Date: Sat, 19 Jun 2010 06:46:22 +0530
Subject: [CoreGpIESM] Expression of Gratitude
Col HC Lohumi, 39th NDA, 48th regular, Corps of Engrs (Bombay Sappers) took premature retirement in 1992 and is based in Nigeria since 96.
http://nda.nic.in/html/nda-other-award-winners.html
An avid mountaineer and Member of the 3rd and 4th Expeditions, and responsible for installation of electrical systems first at Dakshin Gangotri and thereafter at Maitri Station Was awarded the COAS Commendation Medal.
We Veterans express our gratitude to Col HC Lohumi for donating Rs.10,100.00 to the IESM.
Regards,
Col Rajan
Date: Sat, 19 Jun 2010 06:46:22 +0530
Subject: [CoreGpIESM] Expression of Gratitude
Col HC Lohumi
http://nda.nic.in/html/nda-other-award-winners.html
An avid mountaineer and Member of the 3rd and 4th Expeditions, and responsible for installation of electrical systems first at Dakshin Gangotri and thereafter at Maitri Station Was awarded the COAS Commendation Medal.
We Veterans express our gratitude to Col HC Lohumi for donating Rs.10,100.00 to the IESM.
Regards,
Col Rajan
EXPRESSION OF GRATITUDE To Lt Gen Jagdish Chander
To: jagi_medi@hotmail.com
From: colonelrajan44@gmail.com
Date: Sat, 19 Jun 2010 06:17:20 +0530
Subject: EXPRESSION OF GRATITUDE
Respected Veteran Gen Jagdish Chander,
Jai Hind & my salute to you.
I write this to thank you and express our gratitude to you for the cheque for Rs.15,000/- to take care of expenses during the South Zone Military Veterans Meet.
Regards,
Col Rajan
Bangalore, 9449043770
-------------
To: DELETED
From: colonelrajan44@gmail.com
Date: Sat, 19 Jun 2010 06:46:22 +0530
Subject: [CoreGpIESM] Expression of Gratitude
Col HC Lohumi, 39th NDA, 48th regular, Corps of Engrs (Bombay Sappers) took premature retirement in 1992 and is based in Nigeria since 96.
http://nda.nic.in/html/nda-other-award-winners.html
An avid mountaineer and Member of the 3rd and 4th Expeditions, and responsible for installation of electrical systems first at Dakshin Gangotri and thereafter at Maitri Station Was awarded the COAS Commendation Medal.
We Veterans express our gratitude to Col HC Lohumi for donating Rs.10,100.00 to the IESM.
Regards,
Col Rajan
----------
From: Ravindra Pathak [mailto:raviwarsha@
From: colonelrajan44@gmail.com
Date: Sat, 19 Jun 2010 06:17:20 +0530
Subject: EXPRESSION OF GRATITUDE
Respected Veteran Gen Jagdish Chander,
Jai Hind & my salute to you.
I write this to thank you and express our gratitude to you for the cheque for Rs.15,000/- to take care of expenses during the South Zone Military Veterans Meet.
Regards,
Col Rajan
Bangalore, 9449043770
-------------
To: DELETED
From: colonelrajan44@gmail.com
Date: Sat, 19 Jun 2010 06:46:22 +0530
Subject: [CoreGpIESM] Expression of Gratitude
Col HC Lohumi
http://nda.nic.in/html/nda-other-award-winners.html
An avid mountaineer and Member of the 3rd and 4th Expeditions, and responsible for installation of electrical systems first at Dakshin Gangotri and thereafter at Maitri Station Was awarded the COAS Commendation Medal.
We Veterans express our gratitude to Col HC Lohumi for donating Rs.10,100.00 to the IESM.
Regards,
Col Rajan
----------
From: Ravindra Pathak [mailto:raviwarsha@
ACTIVITIES OF DEHRADUN EX SERVICES LEAGUE AGM HELD ON 30 MAY 2010 By Lt Col Brij Thapa
From: Brij Thapa [mailto:brijmeera@gmail.com]
Sent: 17 June 2010 22:27
To: REPORT MY SIGNAL (Chander Kamboj)
Subject: ACTIVITIES OF DEHRADUN EX SERVICES LEAGUE AGM HELD ON 30 MAY 2010
Lt Col : Brij Mohan Thapa ,Veteran
--------
Addressing thr Annual Generan meeting of Dehradun Ex Services League President Brig (Retd) K.G.Behl said that some time back some of the electronic media channels and Newspapers published that one rank one pension demand has been met or Govt. accepts Defence demands etc.and their headings aroused wrong repercussions and created false hopes. Many Defence Officers too thought that one rank one pension has come through for PBOR and will soon come for officers too. It was a false alarm as the MOD instructions 08.3.2010 have merely equated the pre 1997 pension with post Oct 1997 pension and brings them to pre 2006 pension but no where near Post1.1.2006 pension which stays untouched. There were certain anomalies in regrouping PBOR in XY Classification scales and in the Latest MOD Instructions of 08 Mar 2010 they have tried to remove some of the anomalies by which some of them, who were earlier put in lower classifications. now get benefited as they are placed in classification X or Y. They will get the difference between the two and DA there on.
The fact remains that what ever 4th ,5th and 6th CPC granted to Defence Forces has yet not been fully paid. Even the Rank Pay granted by the 4th CPC w.e.f. 1.1.1986 has not yet been paid as the equivalent amount was deducted from each officers Basic Pay without Rhyme or reason as already twice pronounced by the Hon’ble Supreme Court and the Kerala High Court is being denied. Instead of gracefully accepting their fault they want the Court to assert that they were right and probably need a bigger blow or strictures from the Supreme Court to implement orders even at this late date. Probably Media can expose them better to force them to admit their fault and give Defence Forces their due. To cover their misdeeds, even the minor faults of some bad elements or individuals, who are found in every Department, are blown up and exposed through Media to give a bad name to the Defence Forces. This needs to be checked.
The 5TH CPC too granted certain benefits to the civil and ordered that the same be provided to Defence Forces. Inspite of reminding all concerned authorities in the channel, through proper channels, including the Hon’ble President, the DefenceMinister , the Secretaries and Chiefs and getting points raised in Parliament, nothing came out during that decade, though all relevant Paras were quoted and copies supplied and the benefits were denied.
The 6th CPC was not provided relevant data especially the points which were not implemented of the 4th and 5th CPC and deductions made from Basic Pay which affected in placing them in lower scales, allotting lower Grade pay and status, which led to lot of chaos and Govt. was forced to raise those later. But still the facts were not brought out. The PBOR who were being retired at the Maximum of the scale were brought down to 50% of the Pay last drawn for ten months. It was done because the commission was made to understand that they will be given some alternate appointments after retirement in Police etc, which was not there. Moreover the formula of 1.86 introduced to work out new pay/ pension has not been implemented fully and those who were getting more earlier have been brought down while fixing in new grades and revised scales. Only God knows from where they have brought the word minimum of the scale where as there is no mention of it in the 6th CPC report as done for serving personnel .by giving some benefit here and some befit there, they have spoiled the very system of working of the Defence Forces, which can only be set right till a Defence Pay Commission is separately set by the Govt. 08 Mar 2010 letter of MOD is an attempt to improve the emoluments thus reduced and remove anomalies in classification of trades now limited to X and Y. If all the above points are implemented automatically they will come closer to one rank one pension and the problem of OROP which is unique for Defence Forces alone, since their whole structure is rank based. This imbalanced caused can be easily saved by instituting a Defence Commission. It is an urgent requirement of the Armed Forces.
The following points which the State Govt. should implement:-
1. There is no proper War Memorial in Uttarakhand and it is urgently required to pay homage to the martyrs and boost the morale of the Armed Forces and give
incentive to youngsters to join Armed Forces. The Chir Bagh area on cantt road on way to circuit house is most suitable for the purpose and is a Defence land.
2. The Kargil War Memorial is lying in almost neglected state without proper sanctity. Some guard should be positioned there to ensure that people do not use it as sitting or gossiping platform. Actually it needs to be widened and a place be earmarked as saluting base where on ceremonial occasions guard should come and give proper salute.
3. A vast potential of Ex- Servicemen is available at Dehradun and other districts of the state with a variety of experience in administration, security, technical and other matters. This can be usefully utilized in the development of the state by formulating certain schemes where they can be motivated to work with some incentive when called upon to help. It can be an Auxiliary disciplined force which will be available as additional help as and when required. They can help as and when any additional activities come on certain departments for organizing various events like sports and games, Fairs( melas) or carry out certain checks etc. in different parts of the town or district, where they are available as teams for help even during disaster management or other emergency matters. They can help even in running schools in remote areas where teachers are not available for short durations. Services of ladies can be utilized for running Aanganwaries.
4. Loss of revenue by the State when persons allotted vehicles by CSD are made to purchase those from adjoining States to save excise duty. State should provide the facility here itself to avoid loss to state and unnecessary harassment to ndividuals.
5. Sainik Kalyan and Punarvas Board apartments set for stay of visitors have not yet been furnished though more than one year has elapsed. It needs to be expedited. So that it could be used for the purpose it is made for.
I take this opportunity to thank Col K.L.Dewan, our expert on pensionery matters, who has worked out so many details and our team of officers who worked hard to make this function a success especially all Lt Cols B.M.Thapa, B.S.Chhetri, R.P.Jairath, R.K.Arya, U.S. Thakur.
I am also thankful to Dr. Nautiyal, our media incharge and presidents of all Shakhas for their cooperation and good work. I am extremely grateful to the GOC 14 RAPID(S) and GOC Uttaranchal Sub Area for their generous help without which it would not have been possible to organize this function.. I am also thankful to the commander 501 FSEG for their cooperation and help. I am also thankful to the Gorkha Sudhar Sabha officials for making this hall available and providing other facilities.
I am thankful to you all for joining us today and especially the media for covering the function.
At the close of the function Lt Col B.S..Chhetri, the Senior vice President proposed the vote of thanks and thanked all.
Earlier Lt Col B.M.Thapa, Gen Secy read out the names of ESM who died during the year and all observed two minutes silence to pay homage and later Gen Secy presented his Annual activities report of the year. Lt Col R P.Jairath, the Treasurer presented accounts and audited Balance Sheet which were approved by the house.
Col K.L.Dewan, the expert in pension matters gave his views on latest MOD letters and the likely benefits which are to accrue to individuals. He wondered as to why the benefits are being denied to families and hony rank holders. He wanted all to unite under one banner if they wish to achieve results.
Lt Col U.S.Thakur presented his views on ECHS difficulties and wanted Haridwar Road dispensary to be brought to clement town as per strength of Ex-Servicemen there where more and better facilities can be made available for its early start.
Col R.C. Joshi who also worked out some data on the basis of Tables supplies by PCDA on the basis of which he can guide people as to how much they can get and ask Banks to pay accordingly Col V.K.Verma, an advocate and expert on Defence tribunals spoke about different ways to approach them and how to project cases. Those can be of any type but have to be filed within three months of the happening. But old cases where injustice is feared and supporting documents are available can be considered.
The President later released the Annual News Letter No.17 which was compiled by Lt Col B M Thapa, Gen Secy, which gave lot of details of latest letters and other releveant information for all, along with photographs of various functions held.
One veer naari from each Shakha (14) were honoured with suitable presents. Best Shakha, Naya Gaon, was also honoured.
Source/In Put
Lt Col B M Thapa, Veteran
Gen Secy, DESL, Dehradun
Sent: 17 June 2010 22:27
To: REPORT MY SIGNAL (Chander Kamboj)
Subject: ACTIVITIES OF DEHRADUN EX SERVICES LEAGUE AGM HELD ON 30 MAY 2010
Lt Col : Brij Mohan Thapa ,Veteran
--------
Addressing thr Annual Generan meeting of Dehradun Ex Services League President Brig (Retd) K.G.Behl said that some time back some of the electronic media channels and Newspapers published that one rank one pension demand has been met or Govt. accepts Defence demands etc.and their headings aroused wrong repercussions and created false hopes. Many Defence Officers too thought that one rank one pension has come through for PBOR and will soon come for officers too. It was a false alarm as the MOD instructions 08.3.2010 have merely equated the pre 1997 pension with post Oct 1997 pension and brings them to pre 2006 pension but no where near Post1.1.2006 pension which stays untouched. There were certain anomalies in regrouping PBOR in XY Classification scales and in the Latest MOD Instructions of 08 Mar 2010 they have tried to remove some of the anomalies by which some of them, who were earlier put in lower classifications. now get benefited as they are placed in classification X or Y. They will get the difference between the two and DA there on.
The fact remains that what ever 4th ,5th and 6th CPC granted to Defence Forces has yet not been fully paid. Even the Rank Pay granted by the 4th CPC w.e.f. 1.1.1986 has not yet been paid as the equivalent amount was deducted from each officers Basic Pay without Rhyme or reason as already twice pronounced by the Hon’ble Supreme Court and the Kerala High Court is being denied. Instead of gracefully accepting their fault they want the Court to assert that they were right and probably need a bigger blow or strictures from the Supreme Court to implement orders even at this late date. Probably Media can expose them better to force them to admit their fault and give Defence Forces their due. To cover their misdeeds, even the minor faults of some bad elements or individuals, who are found in every Department, are blown up and exposed through Media to give a bad name to the Defence Forces. This needs to be checked.
The 5TH CPC too granted certain benefits to the civil and ordered that the same be provided to Defence Forces. Inspite of reminding all concerned authorities in the channel, through proper channels, including the Hon’ble President, the DefenceMinister , the Secretaries and Chiefs and getting points raised in Parliament, nothing came out during that decade, though all relevant Paras were quoted and copies supplied and the benefits were denied.
The 6th CPC was not provided relevant data especially the points which were not implemented of the 4th and 5th CPC and deductions made from Basic Pay which affected in placing them in lower scales, allotting lower Grade pay and status, which led to lot of chaos and Govt. was forced to raise those later. But still the facts were not brought out. The PBOR who were being retired at the Maximum of the scale were brought down to 50% of the Pay last drawn for ten months. It was done because the commission was made to understand that they will be given some alternate appointments after retirement in Police etc, which was not there. Moreover the formula of 1.86 introduced to work out new pay/ pension has not been implemented fully and those who were getting more earlier have been brought down while fixing in new grades and revised scales. Only God knows from where they have brought the word minimum of the scale where as there is no mention of it in the 6th CPC report as done for serving personnel .by giving some benefit here and some befit there, they have spoiled the very system of working of the Defence Forces, which can only be set right till a Defence Pay Commission is separately set by the Govt. 08 Mar 2010 letter of MOD is an attempt to improve the emoluments thus reduced and remove anomalies in classification of trades now limited to X and Y. If all the above points are implemented automatically they will come closer to one rank one pension and the problem of OROP which is unique for Defence Forces alone, since their whole structure is rank based. This imbalanced caused can be easily saved by instituting a Defence Commission. It is an urgent requirement of the Armed Forces.
The following points which the State Govt. should implement:-
1. There is no proper War Memorial in Uttarakhand and it is urgently required to pay homage to the martyrs and boost the morale of the Armed Forces and give
incentive to youngsters to join Armed Forces. The Chir Bagh area on cantt road on way to circuit house is most suitable for the purpose and is a Defence land.
2. The Kargil War Memorial is lying in almost neglected state without proper sanctity. Some guard should be positioned there to ensure that people do not use it as sitting or gossiping platform. Actually it needs to be widened and a place be earmarked as saluting base where on ceremonial occasions guard should come and give proper salute.
3. A vast potential of Ex- Servicemen is available at Dehradun and other districts of the state with a variety of experience in administration, security, technical and other matters. This can be usefully utilized in the development of the state by formulating certain schemes where they can be motivated to work with some incentive when called upon to help. It can be an Auxiliary disciplined force which will be available as additional help as and when required. They can help as and when any additional activities come on certain departments for organizing various events like sports and games, Fairs( melas) or carry out certain checks etc. in different parts of the town or district, where they are available as teams for help even during disaster management or other emergency matters. They can help even in running schools in remote areas where teachers are not available for short durations. Services of ladies can be utilized for running Aanganwaries.
4. Loss of revenue by the State when persons allotted vehicles by CSD are made to purchase those from adjoining States to save excise duty. State should provide the facility here itself to avoid loss to state and unnecessary harassment to ndividuals.
5. Sainik Kalyan and Punarvas Board apartments set for stay of visitors have not yet been furnished though more than one year has elapsed. It needs to be expedited. So that it could be used for the purpose it is made for.
I take this opportunity to thank Col K.L.Dewan, our expert on pensionery matters, who has worked out so many details and our team of officers who worked hard to make this function a success especially all Lt Cols B.M.Thapa, B.S.Chhetri, R.P.Jairath, R.K.Arya, U.S. Thakur.
I am also thankful to Dr. Nautiyal, our media incharge and presidents of all Shakhas for their cooperation and good work. I am extremely grateful to the GOC 14 RAPID(S) and GOC Uttaranchal Sub Area for their generous help without which it would not have been possible to organize this function.. I am also thankful to the commander 501 FSEG for their cooperation and help. I am also thankful to the Gorkha Sudhar Sabha officials for making this hall available and providing other facilities.
I am thankful to you all for joining us today and especially the media for covering the function.
At the close of the function Lt Col B.S..Chhetri, the Senior vice President proposed the vote of thanks and thanked all.
Earlier Lt Col B.M.Thapa, Gen Secy read out the names of ESM who died during the year and all observed two minutes silence to pay homage and later Gen Secy presented his Annual activities report of the year. Lt Col R P.Jairath, the Treasurer presented accounts and audited Balance Sheet which were approved by the house.
Col K.L.Dewan, the expert in pension matters gave his views on latest MOD letters and the likely benefits which are to accrue to individuals. He wondered as to why the benefits are being denied to families and hony rank holders. He wanted all to unite under one banner if they wish to achieve results.
Lt Col U.S.Thakur presented his views on ECHS difficulties and wanted Haridwar Road dispensary to be brought to clement town as per strength of Ex-Servicemen there where more and better facilities can be made available for its early start.
Col R.C. Joshi who also worked out some data on the basis of Tables supplies by PCDA on the basis of which he can guide people as to how much they can get and ask Banks to pay accordingly Col V.K.Verma, an advocate and expert on Defence tribunals spoke about different ways to approach them and how to project cases. Those can be of any type but have to be filed within three months of the happening. But old cases where injustice is feared and supporting documents are available can be considered.
The President later released the Annual News Letter No.17 which was compiled by Lt Col B M Thapa, Gen Secy, which gave lot of details of latest letters and other releveant information for all, along with photographs of various functions held.
One veer naari from each Shakha (14) were honoured with suitable presents. Best Shakha, Naya Gaon, was also honoured.
Source/In Put
Lt Col B M Thapa, Veteran
Gen Secy, DESL, Dehradun
RANK PAY CASE: GOI GOES IN "APPEAL" - YET AGAIN !! JAI HO !! "BABUDOM"!! by Lt Gen SK Bahri
Dear Mr Minister,
I send herewith an email received from Retired Defence Officers Association, who are affected by the recent decision of the Govt of India to go in appeal against a ruling dated 8 Mar 10 by The Supreme Court .This matter was taken up by officers, in service on 1 Jan 86, of the rank Capt to Brig (bulk of the Army officer strength) regarding an injustice done to them during the Vth Pay Commission by the bureaucracy, in setting the basis for fixing their future salaries.
Maj V Dhananpalan had taken up a case against this discrepancy in the Kerala High Court and won the case more than a decade ago. The Govt gave him his arrears and forgot about all other officers who were similarly denied their dues, and affected by the same order.
Some time later other officers quoting Maj Dhananpalan's ruling, took up the case in various High Courts in the country for a remedy. When faced with mutiple the Govt requested the Supreme Court to club all the cases and hear them as one case.After a tortuous number of years the Honourable Supreme Court ruled in favour of the complainants on 8 Mar 10 and ordered that all the arrears be paid with 6% interest.
Now the Govt has gone in appeal against the SC ruling. Obviously the concerned department has lost face and may also be penalised for having to pay interest on a deliberate act of commission. So the easiest way is to launch the case into orbit so that the perpetraters of this fraud can retire before the CAG raises hell. Mr Minister, you had said on taking over your current portfolio that the Govt is the single biggest litigant who keeps the courts from doing justice to more needy persons. Here the Govt is deliberately trying to deny justice to a large number of officers. I know gallantry awards are given posthumously,but, why should financial dues be given posthumously? Imagine the loss to the affected persons as the value of the rupee has gone down so much in the intervening years.
I fail to understand the logic of the Govt contesting every order the Supreme Court has passed in favour of Armed Forces personnel. You may be aware that in the case of fixation of Maj Gens' pension the Govt appealed multiple times and intentionally delayed filing its replies. Eventually the Govt had to pay as per the orders with 12 % interest. Doesnt it show the malicious intent of the persons concerned. Only recently your Solicitor General had to request the Supreme Court to soften it remarks in the case of Capt CS Sidhu , when it had said that the Govt treats its soldiers worse than beggars!
Govt says it is doing everything for the Aam Admi. I presume soldiers do not form part of this exalted community. May I request you on behalf of the silent services that this injustice be stopped immediately, the Solicitor General be directed to withdraw the appeal ( I am sure he has more fruitful work to do than pull the chestnuts out of the fire for the bureaucracy) and the persons who authorised the filing of this appeal be penalised for clogging the SC with frivolous work.
May I request that a word of acknowledgement of this mail would give us confidence that our pleas reach the powers that matter. Otherwise they normally go unanswered.
With warm regards
Yours sincerely
Lt Gen SK Bahri PVSM (Retd)
(Personally not affected by the SC order)
A3/502 World Spa East
Sector 30/41
Gurgaon 122001
Tele 0124 4143180/181
I send herewith an email received from Retired Defence Officers Association, who are affected by the recent decision of the Govt of India to go in appeal against a ruling dated 8 Mar 10 by The Supreme Court .This matter was taken up by officers, in service on 1 Jan 86, of the rank Capt to Brig (bulk of the Army officer strength) regarding an injustice done to them during the Vth Pay Commission by the bureaucracy, in setting the basis for fixing their future salaries.
Maj V Dhananpalan had taken up a case against this discrepancy in the Kerala High Court and won the case more than a decade ago. The Govt gave him his arrears and forgot about all other officers who were similarly denied their dues, and affected by the same order.
Some time later other officers quoting Maj Dhananpalan's ruling, took up the case in various High Courts in the country for a remedy. When faced with mutiple the Govt requested the Supreme Court to club all the cases and hear them as one case.After a tortuous number of years the Honourable Supreme Court ruled in favour of the complainants on 8 Mar 10 and ordered that all the arrears be paid with 6% interest.
Now the Govt has gone in appeal against the SC ruling. Obviously the concerned department has lost face and may also be penalised for having to pay interest on a deliberate act of commission. So the easiest way is to launch the case into orbit so that the perpetraters of this fraud can retire before the CAG raises hell. Mr Minister, you had said on taking over your current portfolio that the Govt is the single biggest litigant who keeps the courts from doing justice to more needy persons. Here the Govt is deliberately trying to deny justice to a large number of officers. I know gallantry awards are given posthumously,but, why should financial dues be given posthumously? Imagine the loss to the affected persons as the value of the rupee has gone down so much in the intervening years.
I fail to understand the logic of the Govt contesting every order the Supreme Court has passed in favour of Armed Forces personnel. You may be aware that in the case of fixation of Maj Gens' pension the Govt appealed multiple times and intentionally delayed filing its replies. Eventually the Govt had to pay as per the orders with 12 % interest. Doesnt it show the malicious intent of the persons concerned. Only recently your Solicitor General had to request the Supreme Court to soften it remarks in the case of Capt CS Sidhu , when it had said that the Govt treats its soldiers worse than beggars!
Govt says it is doing everything for the Aam Admi. I presume soldiers do not form part of this exalted community. May I request you on behalf of the silent services that this injustice be stopped immediately, the Solicitor General be directed to withdraw the appeal ( I am sure he has more fruitful work to do than pull the chestnuts out of the fire for the bureaucracy) and the persons who authorised the filing of this appeal be penalised for clogging the SC with frivolous work.
May I request that a word of acknowledgement of this mail would give us confidence that our pleas reach the powers that matter. Otherwise they normally go unanswered.
With warm regards
Yours sincerely
Lt Gen SK Bahri PVSM (Retd)
(Personally not affected by the SC order)
A3/502 World Spa East
Sector 30/41
Gurgaon 122001
Tele 0124 4143180/181
Sunday, June 20, 2010
PARAWISE COMMENTS PREPARED BY MAJOR AK DHANAPALAN IV Pay Commission
PARAWISE COMMENTS PREPARED BY MAJOR AK DHANAPALAN
ON THE REVIEW PETITION FILED BY UNION OF INDIA
IN THE SUPREME COURT OF INDIA ON /5/2010
Para.1 - Main reason given for review, is huge amount (Rs.1623.7 Cr) involved. The judiciary has to look into whether justice has been done to the respondents or otherwise. It was proved beyond doubt that justice has NOT been done to the petitioners by the applicants.
Para2. - The present case is NOT related to the manner of pay fixation as prescribed in chapter 28.1 or 28.113 of the Pay commission report. The Pay Commission report is only RECOMMENDATORY in nature and has no legal standi. The Govt resolutions are statutory provisions. Resolution No.9E dt 18/3/87 clearly define that “Method of fixation of pay recommended for civilian employees in chapter 31 of the report should also be applied to the Armed Forces” . Accordingly the method of fixation notified in SRO 12E dt 23/9/86 is applicable in the case of Armed Forces.
Para.3- No Provision exists for reduction of Rank Pay from the total emoluments before fixing the pay in the scale. Rank Pay has been granted “in-addition to basic pay” .(Para (1) (i) of the said resolution No.9E dt 18/3/87) This Rank Pay has been granted exclusive to Armed Forces.
Para.4- The Rank Pay is not meant to differentiate between the ranks by deducting the same from the Basic Pay. The contention of the petitioner is absolutely wrong. Army Instruction is a subordinate instruction and cannot over ride the statutory rules.
Para.5.- “Carved out of emoluments” is a new terminology used in this petition only. This is nowhere used either in the pay commission report or in the Govt orders. This terminology is used only to mislead this H’ble court. Method of fixation of pay has been defined in the said SRO which also gives all required definitions/ explanations (para3).
Para6.- Govt of India through the resolutions 9E dt 18/3/87 under Para (1) (i) granted “Basic Pay and Rank Pay -addition to Basic Pay” The rate of rank pay recommended by the pay commission was revised by the Govt twice on the intervention of the Armed Forces and from some other corner and accepted the present rate after due deliberations in the cabinet and the Indian Parliament was also taken into confidence. This was also widely publicized through the media to give an impact in the public. It cannot be now said that the grant of Rank Pay was un-intentional.
Para7,8&9. - Aggrieved by the deduction of Rank Pay from the basic pay Major AK Dhanapalan filed a petition in the High Court of Kerala. The H”ble High Court was pleased to admit the plea of Major AK Dhanapalan and directed the respondents to re-fix the pay without deducting the rank pay with re-trospect from 1/1/86. The writ appeal and the SLP filed in the Supreme Court were dismissed. Accordingly the UOI accepted the judgment and implemented the same by re- fixing the pay of Major AK Dhanapalan wef 1/1/86 and the arrears were paid. No review petition on this issue was filed by the UOI or pending before any court. As such it becomes a settled law.
Para 10,11. – The UOI has decided to NOT to extend benefit of this judgment to other similarly personnel, on the plea that benefit will be given only to the respondent of the case. Aggrieved by this decision effected officers also approached various High Courts across the country.
The UOI requested this H”ble court to get all these cases transferred to this court. Accordingly some of the cases were transferred to this H”ble Court. Since all these cases are of similar nature, one case as a pilot case has been examined by the court and after hearing both side, pronounced the judgment on 8/3/2010.
Para.12- Judgment of 5/10/98 and 4/7/2003 of the High Court of Kerala are implemented only in the case of Major AK Dhanapalan.
Para.13. Rank Pay has been paid to only Major AK Dhanapalan and this is a clear discrimination. The respondents and other similarly placed officers have not been paid the Rank Pay. This can be very much seen from Para 3 and 6 of this review petition itself.
Para 14.- Judgment of 5/10/98 is very clear on this issue. Had it been
Paid to all similarly placed officers at that point of time, the lump-sum
Amount required would have been less. The petitioners not only will fully denied justice to the similarly placed officers of the Armed Forces but also un-lawfully retained a large sum with them which otherwise due to them. The respondents were fully aware fully aware
of this fact when the y paid arrears to Major AK Dhanapalan.
Para.15.- all these prayers are liable to be dismissed with cost.
Maj AK Dhanapalan
ON THE REVIEW PETITION FILED BY UNION OF INDIA
IN THE SUPREME COURT OF INDIA ON /5/2010
Para.1 - Main reason given for review, is huge amount (Rs.1623.7 Cr) involved. The judiciary has to look into whether justice has been done to the respondents or otherwise. It was proved beyond doubt that justice has NOT been done to the petitioners by the applicants.
Para2. - The present case is NOT related to the manner of pay fixation as prescribed in chapter 28.1 or 28.113 of the Pay commission report. The Pay Commission report is only RECOMMENDATORY in nature and has no legal standi. The Govt resolutions are statutory provisions. Resolution No.9E dt 18/3/87 clearly define that “Method of fixation of pay recommended for civilian employees in chapter 31 of the report should also be applied to the Armed Forces” . Accordingly the method of fixation notified in SRO 12E dt 23/9/86 is applicable in the case of Armed Forces.
Para.3- No Provision exists for reduction of Rank Pay from the total emoluments before fixing the pay in the scale. Rank Pay has been granted “in-addition to basic pay” .(Para (1) (i) of the said resolution No.9E dt 18/3/87) This Rank Pay has been granted exclusive to Armed Forces.
Para.4- The Rank Pay is not meant to differentiate between the ranks by deducting the same from the Basic Pay. The contention of the petitioner is absolutely wrong. Army Instruction is a subordinate instruction and cannot over ride the statutory rules.
Para.5.- “Carved out of emoluments” is a new terminology used in this petition only. This is nowhere used either in the pay commission report or in the Govt orders. This terminology is used only to mislead this H’ble court. Method of fixation of pay has been defined in the said SRO which also gives all required definitions/ explanations (para3).
Para6.- Govt of India through the resolutions 9E dt 18/3/87 under Para (1) (i) granted “Basic Pay and Rank Pay -addition to Basic Pay” The rate of rank pay recommended by the pay commission was revised by the Govt twice on the intervention of the Armed Forces and from some other corner and accepted the present rate after due deliberations in the cabinet and the Indian Parliament was also taken into confidence. This was also widely publicized through the media to give an impact in the public. It cannot be now said that the grant of Rank Pay was un-intentional.
Para7,8&9. - Aggrieved by the deduction of Rank Pay from the basic pay Major AK Dhanapalan filed a petition in the High Court of Kerala. The H”ble High Court was pleased to admit the plea of Major AK Dhanapalan and directed the respondents to re-fix the pay without deducting the rank pay with re-trospect from 1/1/86. The writ appeal and the SLP filed in the Supreme Court were dismissed. Accordingly the UOI accepted the judgment and implemented the same by re- fixing the pay of Major AK Dhanapalan wef 1/1/86 and the arrears were paid. No review petition on this issue was filed by the UOI or pending before any court. As such it becomes a settled law.
Para 10,11. – The UOI has decided to NOT to extend benefit of this judgment to other similarly personnel, on the plea that benefit will be given only to the respondent of the case. Aggrieved by this decision effected officers also approached various High Courts across the country.
The UOI requested this H”ble court to get all these cases transferred to this court. Accordingly some of the cases were transferred to this H”ble Court. Since all these cases are of similar nature, one case as a pilot case has been examined by the court and after hearing both side, pronounced the judgment on 8/3/2010.
Para.12- Judgment of 5/10/98 and 4/7/2003 of the High Court of Kerala are implemented only in the case of Major AK Dhanapalan.
Para.13. Rank Pay has been paid to only Major AK Dhanapalan and this is a clear discrimination. The respondents and other similarly placed officers have not been paid the Rank Pay. This can be very much seen from Para 3 and 6 of this review petition itself.
Para 14.- Judgment of 5/10/98 is very clear on this issue. Had it been
Paid to all similarly placed officers at that point of time, the lump-sum
Amount required would have been less. The petitioners not only will fully denied justice to the similarly placed officers of the Armed Forces but also un-lawfully retained a large sum with them which otherwise due to them. The respondents were fully aware fully aware
of this fact when the y paid arrears to Major AK Dhanapalan.
Para.15.- all these prayers are liable to be dismissed with cost.
Maj AK Dhanapalan
Maj Navdeep Singh's Blog by Col Raman
Dear Veterans,
The focus of my previous mail was to fight for our legitimate right to get the pension as authorised by the Govt based on the recommendations of the SPC. Maj Navdeep Singh had brought out this fact clearly some time back. To quote from his blog,
"Considering the spirit of the orders consequent to Fifth pay commission, where the pension of Pre 1996 pensioners was ensured at 50% of the minimum of the pay scales applicable to the concerned rank, it is evident that this has been denied to pre 2006 pensioners consequent to the implementation of VIth CPC report duly modified thereafter.
The anomaly has occurred primarily due to the wrongful calculation of Pension to Pre 2006 Pensioners based on the minimum of the Pay Band (NOT Pay scale). The table below will illustrate the losses per month.
- Hide quoted text -
Rank Pension based on 50% of Minimum of Pay scale Existing Pension Denied
Lt 13500 13500 0
Capt 15350 13850 1500
Maj 18205 14100 4105
Lt Col 26265 25700 565
Col 27795 26050 1745
Brig 29145 26150 2995
Similar is the case with NCOs & Sepoys.
This issue is not related to OROP, but wrongful fixation of pension based on misinterpretation of the Rules ( may be deliberately). The ESM Organisations may take up this case to AFT, so that all Veterans get their legitimate dues as per the existing regulations.
There is no risk involved even if a negative ruling is given by the Court, since this appeal is independent of our main issue of OROP.
The second important aspect is the issue of PPO. The PCDA, the Agency created by the Govt to exclusively look after the Pensions of the Armed Forces personnel has conveniently passed it on to the selected Nationalised Banks, who are not at all equipped to deal with such matters, leave alone issuing of revised PPO to all pensioners. This matter can also be taken up with the AFT, with a prayer for a direction to be issued to the concerned authority, to strictly adhere to a time bound programme by which all Defence Pesionsrs are issed with the revised PPO.
The focus of my previous mail was to fight for our legitimate right to get the pension as authorised by the Govt based on the recommendations of the SPC. Maj Navdeep Singh had brought out this fact clearly some time back. To quote from his blog,
"Considering the spirit of the orders consequent to Fifth pay commission, where the pension of Pre 1996 pensioners was ensured at 50% of the minimum of the pay scales applicable to the concerned rank, it is evident that this has been denied to pre 2006 pensioners consequent to the implementation of VIth CPC report duly modified thereafter.
The anomaly has occurred primarily due to the wrongful calculation of Pension to Pre 2006 Pensioners based on the minimum of the Pay Band (NOT Pay scale). The table below will illustrate the losses per month.
- Hide quoted text -
Rank Pension based on 50% of Minimum of Pay scale Existing Pension Denied
Lt 13500 13500 0
Capt 15350 13850 1500
Maj 18205 14100 4105
Lt Col 26265 25700 565
Col 27795 26050 1745
Brig 29145 26150 2995
Similar is the case with NCOs & Sepoys.
This issue is not related to OROP, but wrongful fixation of pension based on misinterpretation of the Rules ( may be deliberately). The ESM Organisations may take up this case to AFT, so that all Veterans get their legitimate dues as per the existing regulations.
There is no risk involved even if a negative ruling is given by the Court, since this appeal is independent of our main issue of OROP.
The second important aspect is the issue of PPO. The PCDA, the Agency created by the Govt to exclusively look after the Pensions of the Armed Forces personnel has conveniently passed it on to the selected Nationalised Banks, who are not at all equipped to deal with such matters, leave alone issuing of revised PPO to all pensioners. This matter can also be taken up with the AFT, with a prayer for a direction to be issued to the concerned authority, to strictly adhere to a time bound programme by which all Defence Pesionsrs are issed with the revised PPO.
Funds for Kargil Diwas Commemoration at Panchkula
Sunday, 20 June, 2010, 10:06 AM
This year the ex-servicemen of the Tri-City (Chandigarh, Mohali, and Panchkula) plan to commemorate Kargil Diwas at Major Shankla Memorial situated at Sector-2 Panchkula on Sunday, July 25, 2010 as per programme below:
(a) Homage to Martyrs 1030-1130h
(b) Candle-light homage 2000 -2045h
We need to expend about Rs. 25,000 on administrative arrangements such as hiring of shamiana, chairs, PA equipment, light refreshments, purchase of flowers, wreaths, and candles, printing and distribution of publicity material and invites etc. We need to raise the finances ourselves through contributions from the ex-servicemen. So far, we have raised about Rs. 7,500 from the Core Group at Panchkula. We shall be grateful to our members, and interested citizens whether members, or ex-servicemen or not, for their contributions toward the commemoration events.
Your contributions may be paid in cash, or by cheque to the undersigned.
With regards,
Brig Kiran Krishan, SM (Retd),
Convener, IESM, Panchkula & North Haryana, and
President All Indian Defence Brotherhood (Haryana Unit)
Mobile: 98761-16898
This year the ex-servicemen of the Tri-City (Chandigarh, Mohali, and Panchkula) plan to commemorate Kargil Diwas at Major Shankla Memorial situated at Sector-2 Panchkula on Sunday, July 25, 2010 as per programme below:
(a) Homage to Martyrs 1030-1130h
(b) Candle-light homage 2000 -2045h
We need to expend about Rs. 25,000 on administrative arrangements such as hiring of shamiana, chairs, PA equipment, light refreshments, purchase of flowers, wreaths, and candles, printing and distribution of publicity material and invites etc. We need to raise the finances ourselves through contributions from the ex-servicemen. So far, we have raised about Rs. 7,500 from the Core Group at Panchkula. We shall be grateful to our members, and interested citizens whether members, or ex-servicemen or not, for their contributions toward the commemoration events.
Your contributions may be paid in cash, or by cheque to the undersigned.
With regards,
Brig Kiran Krishan, SM (Retd),
Convener, IESM, Panchkula & North Haryana, and
President All Indian Defence Brotherhood (Haryana Unit)
Mobile: 98761-16898
Thursday, June 17, 2010
ACTION TO BE TAKEN BY RETIRED PERSONNEL WHEN STILL IN GOOD HEALTH
ACTION TO BE TAKEN BY RETIRED PERSONNEL WHEN STILL IN GOOD
HEALTH AND SOUND MIND
Endorsement of Family Pension and Age of Spouse in Pension in Payment Order (PPO).
1. Please check if your PPO contains an endorsement giving the name and age of the
spouse and details of ordinary family pension. If it does not, at the earliest make out an application in triplicate as per specimen at Appx A and send it to the agency that had issued the PPO -CDA (Pensions) Allahabad/ CDA AF , Subroto Park, New Delhi 110010- through Dte of PP&R, Air HQ for officers/AFRO-NERW for other ranks. Make sure to attach all supporting documents and duly attested joint photograph as indicated in the specimen. Keep a copy the application in the master folder that you will be making for the spouse for follow up action if necessary in case the endorsement is not received during your life time.
2. The PPO may contain endorsement of the name of the spouse as family pensioner but the age of spouse may not be recorded either in the PPO or in any other document in your pension folder maintained by your Pension Disbursing Agency (PDA) (your bank or the agency from whom you receive your pension). In such a case, you may apply for necessary action to the Dte of PP&R/ AFRO-NERW as applicable with copies to your Pension Sanctioning Authority (PSA) and your PDA. As proof of age of your spouse, furnish any supporting document such as a copy of the statement of family particulars submitted by you at the time of your retirement or certified and notarized copy of your spouse’s birth Certificate, driving license, SSLC/Matriculation certificate, passport, voter identity card or any other normally accepted proof. A specimen application in this regard is at Appx B.
3. When the endorsement and the acceptance of age of spouse are received, attach them to the original PPO and also make a few copies for safe custody. If the endorsement and the record of age of spouse do not exist and if you do not take action as indicated above, after your time your spouse has to go through a cumbersome and time consuming procedure to get the family pension properly authorized along with record of age- so do not delay.
NOTE: The original PPO should contain an endorsement about the family pension indicating an enhanced rate of family pension and an ordinary rate. If there is no such endorsement, please take it up with the authorities concerned as indicated in paras 1 and 2 above. In the event of the pensioner’s demise before the age of 67, the spouse/family pensioner is entitled to the enhanced rate for seven years or till the date on which the pensioner would have attained the age of 67 whichever is earlier. Thereafter the ordinary rate would apply. In both cases, the rates as periodically revised, along with the revision in pensions by successive Pay Commissions, would apply.
Bank Account for Pension.
4. If you are drawing your pension through a single bank account in your name and if, at the time of your retirement or within one year thereafter, you have not made a nomination in favour of your spouse, please do so immediately. This will enable your spouse to receive, after your time, any balance left in that account as well as any arrears of pension due to you during your life time. Consult your bank on the procedure for nomination. Specimen Nomination form is at Appx C
5. (a) It is now permissible to convert your single bank account for pension into a joint account
with your spouse/person mentioned in your PPO as the one entitled to receive family pension.
If you have not already done so, please submit an application to your bank to this effect. A copy
of the Office Memorandum issued by the Min of Def on this subject is at Appx D. The format of
the application is also given therein.
(b) After your time the joint account will become a single account in your spouse’s name into which the family pension and any life time arrears (LTA) can be credited.
(c) It is desirable to make a nomination as indicated in Para 4 above even if the pension account has been converted into a joint account so as to ensure trouble-free payment of your (LTA) to the spouse/nominee after your time.
6. If you do not wish to take action as per 4 above, open a joint account in the name of yourself
and your spouse, preferably in the same bank, if you have not already done so. This will automatically become a single account after your life time and the family pension can be credited to this account. Alternatively, open a single account in the same bank in the name of your spouse so that, when the time comes, on advice to the bank, the family pension can be credited to this account. Also ensure that your spouse makes a nomination in favour of a child/ family member or any other person of her/his choice for this single account so that when the need arises, the nominee can get the amount left in that account without any further formality.
7. Make sure that the nominations/ conversions into joint account as applicable as per paras 3, 4 and/or 5 above are duly reflected in the bank records and also keep the relevant copies of such endorsements in the master folder for your spouse.
Membership of AFA and ECHS
8. The Air Force Association(AFA) with its central office at AF Station , New Delhi and
branches at several locations in the country is a fraternity of all retired AF personnel including spouses of deceased personnel. If you have not already done so, you may consider enrolling yourself as a member. Please contact the nearest Branch of AFA.
9. Ex-Servicemen Contributory Health Scheme (ECHS) came into effect on
01 Apr 03 as a public funded Government Health Scheme for provision of medical care to Ex-Servicemen (ESM) in receipt of pension or disability pension and their dependants including spouses (wife/ husband), legitimate children and wholly dependant parents. If you have not already done so, you may consider enrolling yourself as a member. Please contact the nearest AF Station or Army Station HQ or branch of AFA for detailed information and assistance in enrolling. Please also note that the last date for enrolling has been extended beyond 31 March 2008.
Master Folder for Spouse/ Family Members
10. Open a sufficiently big and thick folder and title it as ‘ACTION TO BE TAKEN IMMEDIATELY ON THE DEATH OF (YOUR NAME). This folder will contain all relevant documents, letters and instructions to facilitate appropriate and timely action by the spouse/family members when the time comes.
11. Will.
(a) It is always advisable to execute a will. No particular form is prescribed by law. It can be handwritten or typed on thick paper with each page signed by the testator and the attesting witnesses. Registration of the will is optional. The only legal requirements are: - the testator should be of sound and disposing mind at the time of executing the will, the testator has signed in the presence of two attesting witnesses each of whom will also sign in the presence of the testator and an endorsement to this effect is necessarily made before the signature of the testator after which the attesting witnesses should affix their signatures along with their addresses. A suggested format is given at Appx E. However legal advice may be taken to prepare the will to suit individual circumstances. It is also necessary to ensure that the nomination as mentioned in paras 4 and 5 above and the provisions of the will are consistent with each other.
(b) You and your spouse may also consider her/his executing a separate will to cover all
contingencies such as her/his predeceasing you.
12. Place the following in separate envelopes with the details of the contents written
on the envelopes and place the envelopes in the master folder.
(a) Original and one copy of the Pension Pay Order (PPO) (the latest) issued by CDA
(Pensions) Allahabad/ CDA AF Subroto Park, New Delhi as applicable to you.
(b) Original and one copy of the bank nomination proforma (refer para 3) received from the
bank/Pension Disbursing Office if applicable.
(c)Original and a few signed copies of the will (refer para 11)
13. Make out the letter of intimation (specimen at Appx F) in required number of copies, including some spare copies, to be completed by filling in the blanks, signed and sent by the spouse when the time comes. Also prepare an envelope of appropriate size for each of these letters and type out or write the corresponding address on the envelope. Serially number the envelopes in the same order as in the distribution list of the letter. Place all these envelopes in the master folder.
14. Please note the following in relation to the letter mentioned in para 12 above.
(The info needs to be checked and updated from time to time)
(a) The AF Group Insurance scheme has been totally withdrawn with the introduction of
ECHS.If you have not already done so, you can claim refund of amount paid towards membership of the medical scheme by applying to AFGIS along with your ECHS membership particulars, AFGIS card and your bank details. The letter to Air Force Group Insurance Society (8th addressee) need be sent only if there is any matter pertaining to you pending with AFGIS. If applicable, endorse the details of the pending matter against this addressee in the distribution list and enclose the relevant documents such as AFGIS membership card and the memorandum issued by AFGIS.
(b) Only the following categories of retired personnel were eligible for benefits under the
Rehabilitation Grant from the IAF Benevolent Association.
(i) Spouse/Orphaned children of officers and airmen who have retired
with 24/21 year of service and death occurs within 10 years after the date of retirement.
(ii) In case of superannuation, irrespective of age at which superannuation occurs, if the death occurs before attaining the age of 70.
(iii) Benefits payable only to families of AF personnel who were members of
IAFBA and FAS during their service period.
(c) The letter to AFWWA (7th addressee) need be sent only if the spouse (Wife) has been a
life member of AFWWA
(d) Wives of only airmen members of the Air Force Association are eligible for
ex gratia grant from AFA Central body.
Please review and revise the distribution list in the letter of intimation in the light of sub-paras (a) to (d) above and change the notings against the different addressees as necessary.
15. The letter of intimation mentioned in para 13 above mainly relates to service
requirements, formalities, pension and benefits. Several other agencies, (eg associations, clubs, time share companies, credit card agencies etc), besides service ones, with whom you have dealings, will have to be informed and have to take appropriate action when the time comes. You may prepare letters and addressed envelopes as suggested in para 13 above to cover such cases also.
16. Make out an instruction sheet as per specimen at Appx G listing out the action
to be taken by the spouse and any other family members concerned immediately when the time comes. The action indicated in the specimen mainly relates to service related requirements. You may like to make the instruction sheet more comprehensive by adding details of your investments and their disposal, your specific wishes on religious rites, disposal/donation of eyes etc, changes in the action list in the event of the spouse predeceasing you and any other instruction that you consider appropriate. Place this instruction sheet on top of all other contents of the master folder and keep the folder, suitably covered, in a safe place. In case you wish to donate your eyes or other body parts, this should be mentioned in bold letters right on top in the instruction sheet
17. Explain to your spouse and other family members the purpose of the whole exercise, the details contained in the instruction sheet and the place where the master folder is kept. Make sure that they understand all the requirements and will be able to take action as necessary when the time comes. They should also know whom to approach if they are in trouble and need assistance.
HEALTH AND SOUND MIND
Endorsement of Family Pension and Age of Spouse in Pension in Payment Order (PPO).
1. Please check if your PPO contains an endorsement giving the name and age of the
spouse and details of ordinary family pension. If it does not, at the earliest make out an application in triplicate as per specimen at Appx A and send it to the agency that had issued the PPO -CDA (Pensions) Allahabad/ CDA AF , Subroto Park, New Delhi 110010- through Dte of PP&R, Air HQ for officers/AFRO-NERW for other ranks. Make sure to attach all supporting documents and duly attested joint photograph as indicated in the specimen. Keep a copy the application in the master folder that you will be making for the spouse for follow up action if necessary in case the endorsement is not received during your life time.
2. The PPO may contain endorsement of the name of the spouse as family pensioner but the age of spouse may not be recorded either in the PPO or in any other document in your pension folder maintained by your Pension Disbursing Agency (PDA) (your bank or the agency from whom you receive your pension). In such a case, you may apply for necessary action to the Dte of PP&R/ AFRO-NERW as applicable with copies to your Pension Sanctioning Authority (PSA) and your PDA. As proof of age of your spouse, furnish any supporting document such as a copy of the statement of family particulars submitted by you at the time of your retirement or certified and notarized copy of your spouse’s birth Certificate, driving license, SSLC/Matriculation certificate, passport, voter identity card or any other normally accepted proof. A specimen application in this regard is at Appx B.
3. When the endorsement and the acceptance of age of spouse are received, attach them to the original PPO and also make a few copies for safe custody. If the endorsement and the record of age of spouse do not exist and if you do not take action as indicated above, after your time your spouse has to go through a cumbersome and time consuming procedure to get the family pension properly authorized along with record of age- so do not delay.
NOTE: The original PPO should contain an endorsement about the family pension indicating an enhanced rate of family pension and an ordinary rate. If there is no such endorsement, please take it up with the authorities concerned as indicated in paras 1 and 2 above. In the event of the pensioner’s demise before the age of 67, the spouse/family pensioner is entitled to the enhanced rate for seven years or till the date on which the pensioner would have attained the age of 67 whichever is earlier. Thereafter the ordinary rate would apply. In both cases, the rates as periodically revised, along with the revision in pensions by successive Pay Commissions, would apply.
Bank Account for Pension.
4. If you are drawing your pension through a single bank account in your name and if, at the time of your retirement or within one year thereafter, you have not made a nomination in favour of your spouse, please do so immediately. This will enable your spouse to receive, after your time, any balance left in that account as well as any arrears of pension due to you during your life time. Consult your bank on the procedure for nomination. Specimen Nomination form is at Appx C
5. (a) It is now permissible to convert your single bank account for pension into a joint account
with your spouse/person mentioned in your PPO as the one entitled to receive family pension.
If you have not already done so, please submit an application to your bank to this effect. A copy
of the Office Memorandum issued by the Min of Def on this subject is at Appx D. The format of
the application is also given therein.
(b) After your time the joint account will become a single account in your spouse’s name into which the family pension and any life time arrears (LTA) can be credited.
(c) It is desirable to make a nomination as indicated in Para 4 above even if the pension account has been converted into a joint account so as to ensure trouble-free payment of your (LTA) to the spouse/nominee after your time.
6. If you do not wish to take action as per 4 above, open a joint account in the name of yourself
and your spouse, preferably in the same bank, if you have not already done so. This will automatically become a single account after your life time and the family pension can be credited to this account. Alternatively, open a single account in the same bank in the name of your spouse so that, when the time comes, on advice to the bank, the family pension can be credited to this account. Also ensure that your spouse makes a nomination in favour of a child/ family member or any other person of her/his choice for this single account so that when the need arises, the nominee can get the amount left in that account without any further formality.
7. Make sure that the nominations/ conversions into joint account as applicable as per paras 3, 4 and/or 5 above are duly reflected in the bank records and also keep the relevant copies of such endorsements in the master folder for your spouse.
Membership of AFA and ECHS
8. The Air Force Association(AFA) with its central office at AF Station , New Delhi and
branches at several locations in the country is a fraternity of all retired AF personnel including spouses of deceased personnel. If you have not already done so, you may consider enrolling yourself as a member. Please contact the nearest Branch of AFA.
9. Ex-Servicemen Contributory Health Scheme (ECHS) came into effect on
01 Apr 03 as a public funded Government Health Scheme for provision of medical care to Ex-Servicemen (ESM) in receipt of pension or disability pension and their dependants including spouses (wife/ husband), legitimate children and wholly dependant parents. If you have not already done so, you may consider enrolling yourself as a member. Please contact the nearest AF Station or Army Station HQ or branch of AFA for detailed information and assistance in enrolling. Please also note that the last date for enrolling has been extended beyond 31 March 2008.
Master Folder for Spouse/ Family Members
10. Open a sufficiently big and thick folder and title it as ‘ACTION TO BE TAKEN IMMEDIATELY ON THE DEATH OF (YOUR NAME). This folder will contain all relevant documents, letters and instructions to facilitate appropriate and timely action by the spouse/family members when the time comes.
11. Will.
(a) It is always advisable to execute a will. No particular form is prescribed by law. It can be handwritten or typed on thick paper with each page signed by the testator and the attesting witnesses. Registration of the will is optional. The only legal requirements are: - the testator should be of sound and disposing mind at the time of executing the will, the testator has signed in the presence of two attesting witnesses each of whom will also sign in the presence of the testator and an endorsement to this effect is necessarily made before the signature of the testator after which the attesting witnesses should affix their signatures along with their addresses. A suggested format is given at Appx E. However legal advice may be taken to prepare the will to suit individual circumstances. It is also necessary to ensure that the nomination as mentioned in paras 4 and 5 above and the provisions of the will are consistent with each other.
(b) You and your spouse may also consider her/his executing a separate will to cover all
contingencies such as her/his predeceasing you.
12. Place the following in separate envelopes with the details of the contents written
on the envelopes and place the envelopes in the master folder.
(a) Original and one copy of the Pension Pay Order (PPO) (the latest) issued by CDA
(Pensions) Allahabad/ CDA AF Subroto Park, New Delhi as applicable to you.
(b) Original and one copy of the bank nomination proforma (refer para 3) received from the
bank/Pension Disbursing Office if applicable.
(c)Original and a few signed copies of the will (refer para 11)
13. Make out the letter of intimation (specimen at Appx F) in required number of copies, including some spare copies, to be completed by filling in the blanks, signed and sent by the spouse when the time comes. Also prepare an envelope of appropriate size for each of these letters and type out or write the corresponding address on the envelope. Serially number the envelopes in the same order as in the distribution list of the letter. Place all these envelopes in the master folder.
14. Please note the following in relation to the letter mentioned in para 12 above.
(The info needs to be checked and updated from time to time)
(a) The AF Group Insurance scheme has been totally withdrawn with the introduction of
ECHS.If you have not already done so, you can claim refund of amount paid towards membership of the medical scheme by applying to AFGIS along with your ECHS membership particulars, AFGIS card and your bank details. The letter to Air Force Group Insurance Society (8th addressee) need be sent only if there is any matter pertaining to you pending with AFGIS. If applicable, endorse the details of the pending matter against this addressee in the distribution list and enclose the relevant documents such as AFGIS membership card and the memorandum issued by AFGIS.
(b) Only the following categories of retired personnel were eligible for benefits under the
Rehabilitation Grant from the IAF Benevolent Association.
(i) Spouse/Orphaned children of officers and airmen who have retired
with 24/21 year of service and death occurs within 10 years after the date of retirement.
(ii) In case of superannuation, irrespective of age at which superannuation occurs, if the death occurs before attaining the age of 70.
(iii) Benefits payable only to families of AF personnel who were members of
IAFBA and FAS during their service period.
(c) The letter to AFWWA (7th addressee) need be sent only if the spouse (Wife) has been a
life member of AFWWA
(d) Wives of only airmen members of the Air Force Association are eligible for
ex gratia grant from AFA Central body.
Please review and revise the distribution list in the letter of intimation in the light of sub-paras (a) to (d) above and change the notings against the different addressees as necessary.
15. The letter of intimation mentioned in para 13 above mainly relates to service
requirements, formalities, pension and benefits. Several other agencies, (eg associations, clubs, time share companies, credit card agencies etc), besides service ones, with whom you have dealings, will have to be informed and have to take appropriate action when the time comes. You may prepare letters and addressed envelopes as suggested in para 13 above to cover such cases also.
16. Make out an instruction sheet as per specimen at Appx G listing out the action
to be taken by the spouse and any other family members concerned immediately when the time comes. The action indicated in the specimen mainly relates to service related requirements. You may like to make the instruction sheet more comprehensive by adding details of your investments and their disposal, your specific wishes on religious rites, disposal/donation of eyes etc, changes in the action list in the event of the spouse predeceasing you and any other instruction that you consider appropriate. Place this instruction sheet on top of all other contents of the master folder and keep the folder, suitably covered, in a safe place. In case you wish to donate your eyes or other body parts, this should be mentioned in bold letters right on top in the instruction sheet
17. Explain to your spouse and other family members the purpose of the whole exercise, the details contained in the instruction sheet and the place where the master folder is kept. Make sure that they understand all the requirements and will be able to take action as necessary when the time comes. They should also know whom to approach if they are in trouble and need assistance.
Wednesday, June 16, 2010
Ex-servicemen deserve a better deal by Wg-Cdr S.C. KAPOOR (retd), Noida
While making a strong case for grant of one-rank-one-pension (OROP) to the retired military personnel, in his article, “Raw deal for ex-servicemen” (Sunday Oped, May 23), Lt-Gen Raj Kadyan (retd) has brought out ample evidence to show how this demand — central to and necessitated by the ethos and singular service conditions of the armed forces — has been willfully scuttled over the years by the bureaucratic stranglehold.
We need to remember that disaffection and disgruntlement among the retired soldiers, sailors and airmen is bound to adversely affect the morale, discipline and professional competence of their counterparts on active service, a situation that cannot be accepted with equanimity.
The defence forces — the ultimate bastion of a country’s integrity, security and democratic institutions — cannot be deprived of their rightful due and place in society and yet be taken for granted forever. Non-implementation of OROP may prove to be one of the last straws on the camel’s back.
Wg-Cdr S.C. KAPOOR (retd), Noida
Ex-servicemen deserve a better deal
We need to remember that disaffection and disgruntlement among the retired soldiers, sailors and airmen is bound to adversely affect the morale, discipline and professional competence of their counterparts on active service, a situation that cannot be accepted with equanimity.
The defence forces — the ultimate bastion of a country’s integrity, security and democratic institutions — cannot be deprived of their rightful due and place in society and yet be taken for granted forever. Non-implementation of OROP may prove to be one of the last straws on the camel’s back.
Wg-Cdr S.C. KAPOOR (retd), Noida
Ex-servicemen deserve a better deal
Welcome Lt Col HC Lohumi..Donation of Rs. 10000
Dear Lt Col HC Lohumi,
1. Thank you very much for your joining the IESM. We heartily welcome you. We thankfully acknowledge the receipt of 10000/- towards membership fee and donations.
2. Kindly motivate other ESM to join IESM to get Justice to the Defence Forces.
With Kind Regards,.
Jai Hind
Yours Sincerely,
Maj Gen (Retd) Satbir Singh, SM
Vice Chairman Indian ESM Movement
Mobile: 9312404269, 0124-4110570
Email : satbirsm@yahoo.com
1. Thank you very much for your joining the IESM. We heartily welcome you. We thankfully acknowledge the receipt of 10000/- towards membership fee and donations.
2. Kindly motivate other ESM to join IESM to get Justice to the Defence Forces.
With Kind Regards,.
Jai Hind
Yours Sincerely,
Maj Gen (Retd) Satbir Singh, SM
Vice Chairman Indian ESM Movement
Mobile: 9312404269, 0124-4110570
Email : satbirsm@yahoo.com
Sunday, June 13, 2010
Misleading news on Disability pension
: Jaspal Bhinder
Sunday, June 13, 2010
Disabled veterans should not feel too happy by Raksha Mantri’s statement
Disabled veterans have been given the impression that the defence ministry has introduced some kind of a new allowance for disability pensioners @ Rs 3000 per month. The confusion emanates from a recent speech by the Defence Minister at an official function, where, according to media reports, he stated the following :
''Keeping in view the valour and sacrifice made by the army personnel, those who retired on disability grounds would get an additional Rs 3000 per month as constant attendant in additional (sic) to the disability pension”
This is grossly misleading, and for three compelling reasons, departmental action should be taken against the person who prepared the Defence Minister’s speech. Firstly, Constant Attendant Allowance (CAA) is nothing new and has been in force since times immemorial, it has merely been enhanced from the earlier Rs 600 per month to Rs 3000 per month w.e.f 01-01-2006 by the 6th CPC by way of its recommendations presented way back in March 2008. The defence ministry or the govt had no role to play in this enhancement which anyway is stale news and our Minister is late by some years in getting to know about it. Even otherwise, the amount is totally inadequate since no full time attendant can be hired in Rs 3000 which is less than even the prescribed minimum wages. Secondly, it has nothing to do with the ‘valour’ or ‘sacrifice’ by ‘army’ personnel since it is available across the board to civil central govt employees as well. Thirdly, it is not available to all disabled personnel but only to those who are 100% disabled.
This is another example as to how lower level bureaucracy has managed to convince even the political executive about this non-existent imaginary benevolence. Those who have touted this to the media as an ‘announcement’ should definitely face the music for misguiding the Minister and misleading the media and the public at large.
Posted by Navdeep / Maj Navdeep Singh at 5:43 AM 2 comments
Labels: Disability Pension, Misc, Pay Commission
http://www.indianmilitary.info/
Regards,
bhinder
Sunday, June 13, 2010
Disabled veterans should not feel too happy by Raksha Mantri’s statement
Disabled veterans have been given the impression that the defence ministry has introduced some kind of a new allowance for disability pensioners @ Rs 3000 per month. The confusion emanates from a recent speech by the Defence Minister at an official function, where, according to media reports, he stated the following :
''Keeping in view the valour and sacrifice made by the army personnel, those who retired on disability grounds would get an additional Rs 3000 per month as constant attendant in additional (sic) to the disability pension”
This is grossly misleading, and for three compelling reasons, departmental action should be taken against the person who prepared the Defence Minister’s speech. Firstly, Constant Attendant Allowance (CAA) is nothing new and has been in force since times immemorial, it has merely been enhanced from the earlier Rs 600 per month to Rs 3000 per month w.e.f 01-01-2006 by the 6th CPC by way of its recommendations presented way back in March 2008. The defence ministry or the govt had no role to play in this enhancement which anyway is stale news and our Minister is late by some years in getting to know about it. Even otherwise, the amount is totally inadequate since no full time attendant can be hired in Rs 3000 which is less than even the prescribed minimum wages. Secondly, it has nothing to do with the ‘valour’ or ‘sacrifice’ by ‘army’ personnel since it is available across the board to civil central govt employees as well. Thirdly, it is not available to all disabled personnel but only to those who are 100% disabled.
This is another example as to how lower level bureaucracy has managed to convince even the political executive about this non-existent imaginary benevolence. Those who have touted this to the media as an ‘announcement’ should definitely face the music for misguiding the Minister and misleading the media and the public at large.
Posted by Navdeep / Maj Navdeep Singh at 5:43 AM 2 comments
Labels: Disability Pension, Misc, Pay Commission
http://www.indianmilitary.info/
Regards,
bhinder
Views of Maj Pm Ravindran
IESM UPDATES AND MEMBERSHIP REGISTRATION – http://www.iesm.org/
Dear Friends,
Jai Hind.
Maj PM Ravindran is one of those few dedicated ESM, who far past so many years has been fighting, almost single handed, against corruption, in particular corruption in the Judiciary, RTI channels and other Government offices and functioning. He has been travelling widely accross India, at his own expense, in the same connection.
He was also put behind bars for agitating against the injustice done to him.
Please read his email and the enclosed letter written by him to the CM Kerala, appended below.
Email ID of Maj Ravindran is - majorravi@gmail.com
In service of Indian Military Veterans
Chander Kamboj.
-------------
From: SoldiersForDemocracy@yahoogroups.com [mailto:SoldiersForDemocracy@yahoogroups.com] On Behalf Of Ravindran Major
Sent: 13 June 2010 12:24
To: kochi@expressbuzz.com; xpressview@expressbuzz.com; kochi@epmltd.com
Subject: [SoldiersForDemocracy] Tribunal explosion
This refers to the column Viewpoint by Kaaleeswaram Raj in TNSE of 13 Jun 2010.
'Do we need one more Tribunal?' is a loaded question in more ways than one.
Firstly, the contention that the Kerala High Court is more than well equipped to handle all these cases flies in the face of the demand of the judiciary itself to have more judges. True, the government has been magnanimous in spending Rs 100 crores of the tax payers' money to provide the best infrastructure to the High Court. But whether the court itself has lived upto the expectation of the government and the tax payer remains to be established. In this context what is needed to be published is not just the number of cases disposed off but the number of cases finally disposed off by a judge, say per month or per quarter. Or in Adv KTS Tulsi's terms the judge to docket ratio. Obviously one wouldnot like to see inflated figures where in dockets are included for the heck of it in the cause list for adjournment only.
Next, regarding the other quasi judicial organisations in the State, Raj has touched upon only the expenditure involved. The fact is that they are no different from similar organisations in Himachal, TN and Madhya Pradesh- a total drain on the exchequer without yeilding any positive results, whatsoever! In this context, I am reproducing at the end of this mail the text of a complaint I had submitted to the Chief Minister in January this year. It is self explanatory. The document is also attached in word format.
Your's truly
P M Ravindran
Aathira, Kalpathy-678003
Tel: 0491-2576042
------------
A LETTER TO THE CHIEF MINISTER OF KERALA
File: Comp/CMK-120110 12 Jan 2010
Sri V S Achuthanandan
Chief Minister, Kerala
Secretariate, Thiruvananthapuram
WHAT IS THE GOVT DOING TO ENSURE THAT THE INSTITUTIONS OF GOVERNMENT ARE DELIVERING WHAT THEY ARE EXPECTED TO DELIVER?
1. Right at the outset please permit me to confess that this letter is born not out of faith in our
political system but in the belief that in a democracy it is the responsibility of the elected representatives to ensure that the services of the government are delivered to the people effectively and efficiently. I am writing this to bring to your notice certain flagrant violations of the law by those tasked, empowered and compensated to enforce them. The following examples, involving the quasi judical bodies, are illustrative of the malaise that has eaten into the vitals of our justice administration system, a major function of governance.
2. The Kerala State Information Commission (KSIC) is a typical example of how a well
meant system can be subverted by those tasked to make it work. Every order of the Commission that I have in my possession is a testimony to the wilful subversion of law by the information commissioners. The first pro-democracy legislation of indepnedent India- the Right to Information Act- uniquely remains the one legislation that can be misused (very much illegally, no doubt) only by those empowerd to enforce it- the information comissioners. It can happen this way. In every complaint/appeal that is before the Commission, by the time the Commission passes its order the period for imposing the maximum penalty, that is Rs 25,000/- would be over. So the information commissioners can easily ‘fail‘ to impose the madatory penalty by taking a bribe of say, Rs 15,000/- from the delinquent public information officers. And there may be PIOs who are prepared to pay the complete Rs 25,000/- as bribe if only to avoid a black mark in their dossier! Further, when the task of the IC is limited to finding answers to just three questions it beats one why they should be given the exalted status of high court and supreme court judges. In fact finding answers to these three questions- is the information sought exempted from disclosure under Sec 8 or 9 of the RTI Act?; if not, why has the complete information not been provided? Are the reason(s) for not providing the complete information, within the prescribed time, legally valid? is much simpler than the task of even a munsif! Certain case studies are given below to illustrate how the KSIC is subverting the law.
3. The KSIC has through its letter No 6009/SIC-Gen/2007 dated 05 Oct 2007, addressed to the
RDO, Palakkad, directed the Public Information Officer there NOT to accept petitions in future. This is in clear volation of Sec 5 of the RTI Act. Sec 5(2) of the Act is reproduced below:
‘...every public authority shall designate an officer, within one hundred days of the enactment of this Act, at each sub-divisional level or other sub-district level as a Central Assistant Public Information Officer or a State Assistant Public Information Officer, as the case may be, to receive the applications for information or appeals under this Act for forwarding the same forthwith to the Central Public Information Officer or the State Public Information Officer or senior officer specified under sub-section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be.‘
4. The order of the KSIC in AP 452/2007/SIC dated 21 Dec 2007 is also in gross violation of
law and justice because they are based on wrong interpretation of the law. The Commission has in para 4(ii) of the order rightly quoted the provisions of Right to Information (Regulation of Fee and Cost) Rules, 2006 but misleadingly made a statement that ’While demanding the fee under Rule 4 the Public Information Officer can require the applicant to make the payment in any one of the modes prescribed under sub rule 3 of Rule 4‘ and interpreted it in favour of the PIO by giving him/her the choice of mode of accepting payment rather than accepting the rule that gives the choice to the applicant. That such choice was not available to the PIO at the time the payment was made in the instant case or on the date of the order is evident from the fact that the Right to Information (Regulation of Fee and Cost) Rules, 2006 was amended on 22/12/2007 (one day after the Commission‘s order was issued) through Kerala Gazette (Extraordinary) No 2290 restricting the mode of payment to public authorities other than government departments to only two modes- cash or demand draft/banker’s cheque/pay order.
5. The order of the KSIC in AP 1041(2) /2008/SIC strikes at the very root of the RTI Act
making it totally infructuous by letting public authorities get away with the plea that the requested information was just not available with them, without giving any legally valid reasons! In the instant case it is unbelievable that the minutes of a meeting convened by the Chief Minister, and that too in a matter as important as the anti-Coca Cola struggle at Plachimada which has been begging for a solution for the last 7 years, is not available in his office.
6. I had approached the Governor of Kerala to remove the CIC, KSIC under Sec 17(3)(d) of the
RTI Act. But it was merely sent to the Chief Minister of Kerala on behalf of whom, later, the General Admn (Co-ordination) Dept wrote to say that there was no reason that merited the removal. Later a mass petition was filed under the banner of Save Right to Information Campaign which was also just sent to the CM, Kerala!
7. The failures of the fora/commissions set up under the Consumer Protection Act are so
gross that one tends to doubt if the law is really Consumer Protection Act or Consumer Persecution Act. While the Kerala State Consumer Disputes Redressal Commission did issue a notice dated 10/10/08, for hearing in IA 568/08 (application for condonation of delay) in Appeal No FA 210/08, in its order dated 9/7/2009 the Commission had stated that the application for condonation of delay has not been submitted! The gist of the original complaint made to the District Consumer Disputes Redressal Forum, Palakkad consisted of three parts:
(i) declaring certain trains as superfast and charging the passengers/ consumers Superfast Charges without providing commensurate speedy travel.
(ii) inflated distance being shown on the ticket and fares being collected on the inflated distance, that is on the Konkan route the distance is inflated by 40% on the Roha-Thokur sector it is the inflated distnce that is shown on the ticket an charged for and
(iii) levying charges for facilities NOT used by the passengers in that, under the Tatkal scheme, a passenger was required to buy tickets from the starting station of the train to its destination station even when the passenger needed to travel only between wayside stations. For example if one was to avail Tatkal facility to travel by train from Palakkad to Chennai in a train originating at Thiruvananthapuram and going to Guwahati, one had to buy a ticket from Thiruvananthapuram to Guwahati, apart, of course, from paying the prescribed Tatkal charges. (This has been rectified by the new Railway Minister recently.)
After 8 months, the Forum dismissed the complaint while holding the grievances to be genuine, stating that it was under the jurisdiction of the Railway Rates Tribunal (RRT) under Sec 38 of the Indian Railway Act (IRA). Left with no option, I had filed the complaint with the RRT, Chennai and very promptly they had replied that it was not under their jurisdiction under Sec 37 of the IRA! It was thereafter I had approached the KSCDRC with the appeal and the Interim Appeal to condone the delay and against which I had received the patently illegal order stating blatant lies! I had then complained the National Consumer Disputes Redressal Commission specifically stating that I was ‘NOT filing any appeal against the orders of the KSCDRC but only placing the fact of the fraud being perpetuated by them on record for their information and necessary action which I believed was my responsibility as a sensible citizen’. But the reply I received from the NCDRC was a direction to file a revision petition!
8. The state of affairs of the Kerala State Human Rights Commission, Kerala State
Women’s Commission and similar quasi judicial organizations are no better. Sometime back it was reported in the media that the then president of the KSHRC used to hold sittings at Guruvayur on the 1st of every Malayalam month! Considering that such sittings are not even arranged at the various district headquarters so regularly it doesn’t require anything more than common sense to understand what was the nature of these sittings at the pilgrim town. As per another report the audit authorities had indicted the Women’s Commission for gross misuse of public money.
9. If this the state of affairs of the quasi judicial organizations which have been set up with
limited jurisdiction and simple procedures to not only take the load off the courts but also to deliver easy and fast justice then how does a citizen seek remedy for the gross delinquency of the administration? It would be pertinent to narrate here two such serious cases of delinquency.
10. I had inspected, under the provisions of the Right to Information Act, the attendance registers
maintained at the District Collector’s office and found to my horror that all the employees had marked their attendance on hartal days. Well, not only on hartal days but also on a day when there was siege of the Collectorate by a political party. I was told that the siege was lifted at 3 pm and the employees had all entered their offices and with the special permission of the District Collector marked their attendance. But they could neither produce the order of the DC nor the authority under which the DC could permit such marking of attendance by employees who had not actually attended the office. The KSIC just glossed over the issue in its order stating that all information sought has been reasonably provided!
11. Secondly, I had enquired about the action taken by the various authorities on complaints
received by them about illegal quarrying in various parts of the district. It was shocking to learn that the RDO had passed the buck to the Mining and Geology Dept who in turn had passed it on to the police and who finally claimed not to have received any complaints from anybody other than me! At one point of time the office RDO refused to accept a letter addressed to the RDO without getting his approval! A complaint to his effect to the District Collector was sent by him to the Kerala State Information Commission who obviously returned it to him stating that it had to be dealt with under the RTI Act!
12. I had read a report in the media that the High Court had once remarked that even God cannot
save this country. I have to fully subscribe to that view but I also realize that those who understand that things have to change have a responsibility to work for that change. This letter is a deliberate effort in that direction. The only other option available to me is to pray that the naxalites and maoists chose their targets correctly whenever they decide to strike because the other options- approaching the police or the judiciary- is beyond the pale of ordinary mortals in this country. It is pertinent to recall that as per the survey results of Transparency International the police and judiciary are the most corrupt institutions in this country which in turn is one of the most corrupt in the whole world.
Yours truly,
(P M Ravindran)
Dear Friends,
Jai Hind.
Maj PM Ravindran is one of those few dedicated ESM, who far past so many years has been fighting, almost single handed, against corruption, in particular corruption in the Judiciary, RTI channels and other Government offices and functioning. He has been travelling widely accross India, at his own expense, in the same connection.
He was also put behind bars for agitating against the injustice done to him.
Please read his email and the enclosed letter written by him to the CM Kerala, appended below.
Email ID of Maj Ravindran is - majorravi@gmail.com
In service of Indian Military Veterans
Chander Kamboj.
-------------
From: SoldiersForDemocracy@yahoogroups.com [mailto:SoldiersForDemocracy@yahoogroups.com] On Behalf Of Ravindran Major
Sent: 13 June 2010 12:24
To: kochi@expressbuzz.com; xpressview@expressbuzz.com; kochi@epmltd.com
Subject: [SoldiersForDemocracy] Tribunal explosion
This refers to the column Viewpoint by Kaaleeswaram Raj in TNSE of 13 Jun 2010.
'Do we need one more Tribunal?' is a loaded question in more ways than one.
Firstly, the contention that the Kerala High Court is more than well equipped to handle all these cases flies in the face of the demand of the judiciary itself to have more judges. True, the government has been magnanimous in spending Rs 100 crores of the tax payers' money to provide the best infrastructure to the High Court. But whether the court itself has lived upto the expectation of the government and the tax payer remains to be established. In this context what is needed to be published is not just the number of cases disposed off but the number of cases finally disposed off by a judge, say per month or per quarter. Or in Adv KTS Tulsi's terms the judge to docket ratio. Obviously one wouldnot like to see inflated figures where in dockets are included for the heck of it in the cause list for adjournment only.
Next, regarding the other quasi judicial organisations in the State, Raj has touched upon only the expenditure involved. The fact is that they are no different from similar organisations in Himachal, TN and Madhya Pradesh- a total drain on the exchequer without yeilding any positive results, whatsoever! In this context, I am reproducing at the end of this mail the text of a complaint I had submitted to the Chief Minister in January this year. It is self explanatory. The document is also attached in word format.
Your's truly
P M Ravindran
Aathira, Kalpathy-678003
Tel: 0491-2576042
------------
A LETTER TO THE CHIEF MINISTER OF KERALA
File: Comp/CMK-120110 12 Jan 2010
Sri V S Achuthanandan
Chief Minister, Kerala
Secretariate, Thiruvananthapuram
WHAT IS THE GOVT DOING TO ENSURE THAT THE INSTITUTIONS OF GOVERNMENT ARE DELIVERING WHAT THEY ARE EXPECTED TO DELIVER?
1. Right at the outset please permit me to confess that this letter is born not out of faith in our
political system but in the belief that in a democracy it is the responsibility of the elected representatives to ensure that the services of the government are delivered to the people effectively and efficiently. I am writing this to bring to your notice certain flagrant violations of the law by those tasked, empowered and compensated to enforce them. The following examples, involving the quasi judical bodies, are illustrative of the malaise that has eaten into the vitals of our justice administration system, a major function of governance.
2. The Kerala State Information Commission (KSIC) is a typical example of how a well
meant system can be subverted by those tasked to make it work. Every order of the Commission that I have in my possession is a testimony to the wilful subversion of law by the information commissioners. The first pro-democracy legislation of indepnedent India- the Right to Information Act- uniquely remains the one legislation that can be misused (very much illegally, no doubt) only by those empowerd to enforce it- the information comissioners. It can happen this way. In every complaint/appeal that is before the Commission, by the time the Commission passes its order the period for imposing the maximum penalty, that is Rs 25,000/- would be over. So the information commissioners can easily ‘fail‘ to impose the madatory penalty by taking a bribe of say, Rs 15,000/- from the delinquent public information officers. And there may be PIOs who are prepared to pay the complete Rs 25,000/- as bribe if only to avoid a black mark in their dossier! Further, when the task of the IC is limited to finding answers to just three questions it beats one why they should be given the exalted status of high court and supreme court judges. In fact finding answers to these three questions- is the information sought exempted from disclosure under Sec 8 or 9 of the RTI Act?; if not, why has the complete information not been provided? Are the reason(s) for not providing the complete information, within the prescribed time, legally valid? is much simpler than the task of even a munsif! Certain case studies are given below to illustrate how the KSIC is subverting the law.
3. The KSIC has through its letter No 6009/SIC-Gen/2007 dated 05 Oct 2007, addressed to the
RDO, Palakkad, directed the Public Information Officer there NOT to accept petitions in future. This is in clear volation of Sec 5 of the RTI Act. Sec 5(2) of the Act is reproduced below:
‘...every public authority shall designate an officer, within one hundred days of the enactment of this Act, at each sub-divisional level or other sub-district level as a Central Assistant Public Information Officer or a State Assistant Public Information Officer, as the case may be, to receive the applications for information or appeals under this Act for forwarding the same forthwith to the Central Public Information Officer or the State Public Information Officer or senior officer specified under sub-section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be.‘
4. The order of the KSIC in AP 452/2007/SIC dated 21 Dec 2007 is also in gross violation of
law and justice because they are based on wrong interpretation of the law. The Commission has in para 4(ii) of the order rightly quoted the provisions of Right to Information (Regulation of Fee and Cost) Rules, 2006 but misleadingly made a statement that ’While demanding the fee under Rule 4 the Public Information Officer can require the applicant to make the payment in any one of the modes prescribed under sub rule 3 of Rule 4‘ and interpreted it in favour of the PIO by giving him/her the choice of mode of accepting payment rather than accepting the rule that gives the choice to the applicant. That such choice was not available to the PIO at the time the payment was made in the instant case or on the date of the order is evident from the fact that the Right to Information (Regulation of Fee and Cost) Rules, 2006 was amended on 22/12/2007 (one day after the Commission‘s order was issued) through Kerala Gazette (Extraordinary) No 2290 restricting the mode of payment to public authorities other than government departments to only two modes- cash or demand draft/banker’s cheque/pay order.
5. The order of the KSIC in AP 1041(2) /2008/SIC strikes at the very root of the RTI Act
making it totally infructuous by letting public authorities get away with the plea that the requested information was just not available with them, without giving any legally valid reasons! In the instant case it is unbelievable that the minutes of a meeting convened by the Chief Minister, and that too in a matter as important as the anti-Coca Cola struggle at Plachimada which has been begging for a solution for the last 7 years, is not available in his office.
6. I had approached the Governor of Kerala to remove the CIC, KSIC under Sec 17(3)(d) of the
RTI Act. But it was merely sent to the Chief Minister of Kerala on behalf of whom, later, the General Admn (Co-ordination) Dept wrote to say that there was no reason that merited the removal. Later a mass petition was filed under the banner of Save Right to Information Campaign which was also just sent to the CM, Kerala!
7. The failures of the fora/commissions set up under the Consumer Protection Act are so
gross that one tends to doubt if the law is really Consumer Protection Act or Consumer Persecution Act. While the Kerala State Consumer Disputes Redressal Commission did issue a notice dated 10/10/08, for hearing in IA 568/08 (application for condonation of delay) in Appeal No FA 210/08, in its order dated 9/7/2009 the Commission had stated that the application for condonation of delay has not been submitted! The gist of the original complaint made to the District Consumer Disputes Redressal Forum, Palakkad consisted of three parts:
(i) declaring certain trains as superfast and charging the passengers/ consumers Superfast Charges without providing commensurate speedy travel.
(ii) inflated distance being shown on the ticket and fares being collected on the inflated distance, that is on the Konkan route the distance is inflated by 40% on the Roha-Thokur sector it is the inflated distnce that is shown on the ticket an charged for and
(iii) levying charges for facilities NOT used by the passengers in that, under the Tatkal scheme, a passenger was required to buy tickets from the starting station of the train to its destination station even when the passenger needed to travel only between wayside stations. For example if one was to avail Tatkal facility to travel by train from Palakkad to Chennai in a train originating at Thiruvananthapuram and going to Guwahati, one had to buy a ticket from Thiruvananthapuram to Guwahati, apart, of course, from paying the prescribed Tatkal charges. (This has been rectified by the new Railway Minister recently.)
After 8 months, the Forum dismissed the complaint while holding the grievances to be genuine, stating that it was under the jurisdiction of the Railway Rates Tribunal (RRT) under Sec 38 of the Indian Railway Act (IRA). Left with no option, I had filed the complaint with the RRT, Chennai and very promptly they had replied that it was not under their jurisdiction under Sec 37 of the IRA! It was thereafter I had approached the KSCDRC with the appeal and the Interim Appeal to condone the delay and against which I had received the patently illegal order stating blatant lies! I had then complained the National Consumer Disputes Redressal Commission specifically stating that I was ‘NOT filing any appeal against the orders of the KSCDRC but only placing the fact of the fraud being perpetuated by them on record for their information and necessary action which I believed was my responsibility as a sensible citizen’. But the reply I received from the NCDRC was a direction to file a revision petition!
8. The state of affairs of the Kerala State Human Rights Commission, Kerala State
Women’s Commission and similar quasi judicial organizations are no better. Sometime back it was reported in the media that the then president of the KSHRC used to hold sittings at Guruvayur on the 1st of every Malayalam month! Considering that such sittings are not even arranged at the various district headquarters so regularly it doesn’t require anything more than common sense to understand what was the nature of these sittings at the pilgrim town. As per another report the audit authorities had indicted the Women’s Commission for gross misuse of public money.
9. If this the state of affairs of the quasi judicial organizations which have been set up with
limited jurisdiction and simple procedures to not only take the load off the courts but also to deliver easy and fast justice then how does a citizen seek remedy for the gross delinquency of the administration? It would be pertinent to narrate here two such serious cases of delinquency.
10. I had inspected, under the provisions of the Right to Information Act, the attendance registers
maintained at the District Collector’s office and found to my horror that all the employees had marked their attendance on hartal days. Well, not only on hartal days but also on a day when there was siege of the Collectorate by a political party. I was told that the siege was lifted at 3 pm and the employees had all entered their offices and with the special permission of the District Collector marked their attendance. But they could neither produce the order of the DC nor the authority under which the DC could permit such marking of attendance by employees who had not actually attended the office. The KSIC just glossed over the issue in its order stating that all information sought has been reasonably provided!
11. Secondly, I had enquired about the action taken by the various authorities on complaints
received by them about illegal quarrying in various parts of the district. It was shocking to learn that the RDO had passed the buck to the Mining and Geology Dept who in turn had passed it on to the police and who finally claimed not to have received any complaints from anybody other than me! At one point of time the office RDO refused to accept a letter addressed to the RDO without getting his approval! A complaint to his effect to the District Collector was sent by him to the Kerala State Information Commission who obviously returned it to him stating that it had to be dealt with under the RTI Act!
12. I had read a report in the media that the High Court had once remarked that even God cannot
save this country. I have to fully subscribe to that view but I also realize that those who understand that things have to change have a responsibility to work for that change. This letter is a deliberate effort in that direction. The only other option available to me is to pray that the naxalites and maoists chose their targets correctly whenever they decide to strike because the other options- approaching the police or the judiciary- is beyond the pale of ordinary mortals in this country. It is pertinent to recall that as per the survey results of Transparency International the police and judiciary are the most corrupt institutions in this country which in turn is one of the most corrupt in the whole world.
Yours truly,
(P M Ravindran)
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