Wednesday, June 22, 2011

REHABILITATION DISABLED WAR VETERANS AND OTHER DISABLED PERSONNEL

REHABILITATION DISABLED WAR VETERANS AND OTHER DISABLED PERSONNEL
We had a meeting with the Executive Director of Punjab National Bank yesterday to consider the useful employment of Disabled Veterans in Villages and urban areas to enable them to earn whilst doing other jobs as well. They were very receptive to the idea and immediately asked us to initiate persons willing to undertake to help themselves. The scheme is as below.
The areas that the PNB is presently interested in is Punjab, Haryana, Himachal, UP, Madya pradesh, Bihar and Rajasthan. Please give this wide publicity because through this scheme persons whilst at home in Villages could earn more than Rs 3000/- per month. SEED, PNB tie up to roll out micro MFs By Ritwik Mukherjee Oct 06 2010, Kolkata SEED, one of the largest business correspondents in the country working with a number of public sector and private banks, is now well set to get into micro mutual funds across Punjab, Hariyana, Bihar and Rajasthan in association with Punjab National Bank.
SEED- PNB will target people who have already been benefited from SEED’s financial inclusion programmes and other people who don’t have any bank account or access to any banking services.
“We will guide people with the help of banking correspondents about mutual funds and other banking products. Unlike regular mutual funds, micro mutual fund is available in smaller lots like Rs 500 to Rs 1,000. Secondly, the criteria such as possessing a pan number as well the 3 years lock-in period will also have certain relaxations in this case. This is because the target in this case is the unbanked/ underbanked population,” Anirban Roy, founder & managing director of SEED, told FC.
SEED is also one of the leading providers of consultancy and implementation services in areas of resettlement & rehabilitation, CSR implementation, microfinance, financial inclusion, infrastructure development, social impact assessment, environment impact assessment and skill development.
SEED, which has so has so far created 1.5 million no frill accounts for various banks and is working towards a mandate size of more than 15 million accounts, is also introducing some microcredit schemes to offer finance to rural people to establish themselves and earn their basic requirements on their own. With the help of skill development classes and other vocational training modules, SEED is aiming at a pan-India microfinance project with several banks and companies, Roy said.
Col H N Handa
President Diwave

High Court ruling can make the Armed Forces Tribunal infructuous

High Court ruling can make the Armed Forces Tribunal infructuous
Lt Gen Harwant Singh (Retd)

THE defence services had been clamouring for an Armed Forces Tribunal (AFT) for decades, essentially because the civilian courts took years and even decades to decide their cases. These inordinate delays had an adverse impact on discipline, morale and functioning of the military. Take just two cases. The Sixth Pay Commission gave Brigadiers more pension than Major Generals. It took the Punjab and Haryana High Court three long years to address this simple anomaly. Some five years later the case is still doing the rounds of the Supreme Court. Air Vice Marshal Masand, with outstanding service record and a pilot of great repute with the Vir Chakra to his credit, was superseded for promotion to the rank of Air Marshal. Long after he retired, he is still fighting his case in the civilian courts. Perhaps his children will have to continue the fight after he has left the scene.


Since the AFT has come into existence, its benches spread across the country have done a commendable job and have been deciding cases, not only with great scrutiny and application of mind, but with equal promptitude. They are moving quicker that the fast track courts, reinforcing the maxim that justice delayed is justice denied.They have been able to decide cases that have been hanging fire in civilian courts for as long as half a century. Though the AFT is established on the lines of the Central Administrative Tribunal (CAT), they differ in one essential aspect in that the AFT reviews cases of defence services which have separate laws and courts of their own. These courts have full judicial powers. The AFT was set up after long prevarication, dithering and delay, recommendations of the law commission and innumerable articles in the national press pressing for its dire need.


The composition of the AFT was worked out with a view to relate it to the composition of the courts whose verdict, besides other service issues, it would also be called upon to review. This was so because civilian courts are generally not conversant with the military's working, systems, ethos, environment, and the circumstances under which it is required to operate and discharge its duties in peace and war. These special conditions require a rigorous law, quite apart from the general civilian laws. There was a time that for this obvious reason, civilian courts were somewhat reluctant to take on the military's cases. However civilian courts, for no apparent reason, now seem to adopt an altogether different approach.


As per the AFT Act, rulings and verdicts of the AFT can be reviewed only by the Supreme Court. The very purpose of setting up the AFT was to provide a dedicated forum for quick redressal of grievances and judicial review of court martial orders with the provision for just a one-stage review (Supreme Court in this case) for armed forces personnel, as disposal of cases in civilian courts took a long time and this inordinate delay impinged on the discipline and good order in the defence services.


The Delhi High Court, in its recent ruling noted that High Courts are constitutionally empowered to review decisions of the AFT, not withstanding the fact that the Armed Forces Tribunal Act of 2007 stipulated that appeals against AFT's orders would rest directly with the Apex Court. A Division Bench comprising Justice Pradeep Nandrajog and Justice Suresh Kait further ruled, "AFT, being manned by personnel appointed by the executive, albeit in consultation with the Chief Justice of India, cannot be said to be truly a judicious review forum as a substitute to High Courts that are constitutional courts and the power of judicial review, being a basic feature of the Constitution, under Article 226 and Article 227 of the Constitution is unaffected by the constitution of the AFT." Further, tribunals can perform a "supplemental as opposed to a substitutional" role vis-a-vis the high courts, the bench held.


The AFT was set up to exercise appellate jurisdiction with respect to orders, findings or sentences of court martial and exercise original jurisdiction with respect to service disputes. This ruling puts the very purpose of having an AFT somewhat infructuous and takes us back to square one. It is in fact, a leap forward into the past. It will bring about the same painful and frustrating delays and their impact on the military's discipline and functioning as they existed before the promulgation of the AFT Act. The Delhi High Court, in its infinite wisdom, deep understanding of the Constitution and legal acumen, has turned the very idea and rationale of setting up the AFT on its head.


Now article 227(4) of the Constitution, on which the Delhi High Court has relied in passing the above noted order, provides superintendence of High Court over all courts/tribunals falling in its jurisdiction but it specifically excludes court martial cases. Therefore and quite simply and logically, it cannot have power of superintedence over the Armed Forces Tribunal that has appellate jurisdiction over verdicts of court martial cases. Further when there is specific provision for appeal against verdicts/orders of the Tribunal under sections 30/31 of the Act to only the Supreme Court, then how could a writ petition be entertained by a high court.
High Courts are already overloaded with work and the backlog runs into a million cases and it is to bypass this legal quagmire and the necessity for quick disposal of defence services cases that the AFT Act of 2007 was promulgated by the government as an act of Parliament and as such became a law, where the Chief Justice of the Supreme Court was in the consultative loop. In case the rulings of the AFT are to be subjected to review by the high courts and later by the Supreme Court then the purpose of establishing the AFT is defeated.


On an earlier occasion, a High Court gave a ruling that court martial should record a "speaking order". Now the composition and working of a court martial is akin to the jury system, which for too obvious a reason does not record a "speaking order". Unfortunately, defence services did not contest this ruling in the Supreme Court and court martial proceedings are now required to be accompanied by a speaking order. The judge advocate, who is on the court martial merely to render advice to the members on purely technical legal issues and has no voting right, is the only one who is qualified to write a speaking order. Consequently the judge advocate has come to exercise undue influence over the court, which in reality and practice has altered the very character and working of the court martial.


To avoid inevitable delays in the finalisation of defence services cases dealt by the AFT, in case these are subjected to review by the High Courts as well, the order of the Delhi High Court must be contested in the Supreme Court by the service headquarters. The need for early disposal of defence services cases hardly needs any emphasis.

The writer is a former Deputy Chief of the Army Staff

MEETING MOD 17 JUNE 2011..disabled war Veterans

From: DIWAVE Disabled war Veterans [mailto:diwave1@gmail.com]
Sent: 18 June 2011 08:59
To: DELETED

Subject: MEETING MOD 17 JUNE 2011

Dear ALL,

The meeting held in JS (ESW) office on 17 June 2011 does not provide good news for those retained in service in regards their broadbanding of disability. Please see notification attached.

While discussing the delay in issuing government sanctions for revised pension entitlement of pre-96 at par with their civilian counterparts, we were informed by US Malathi Narayanan that as per the latest clarification by DP&PW, BB benefit would not be extended to those retained in service after the injury. She referred to a Gazette Notification dated 22.2.11 by DP&PW to that effect. A scanned copy of the relevant page may be seen at the attachment. The Notification, however, is silent whether it is applicable with retrospective effect, which we doubt very much. We would need to clarify this.

A relevant point also is that with implementation of SC judgment in KJS Buttar's case, where even superannuated / discharged with disability would be deemed to have been invalided out.

Amazing, the far reaching ramifications of this judgment had not sunk in the head of JS (ESW). On realising that this judgment is a game-changer, he said they would have to consider all aspects including possibility of a review by SC, before implementing it.


We will keep you informed. Two DGL's are under preparation by CGDA.
--
Col H N Handa

Monday, June 6, 2011

General HL Kakria Takes Over as DGAFMS

General HL Kakria Takes Over as DGAFMS
Lt Gen HL Kakria has taken over as the Director General, Armed Forces Medical Services (DGAFMS). Before taking charge as the DGAFMS yesterday, Lt. General Kakria was working as the Director General, Medical Services (Army).
An alumnus of GSVM Medical College, Kanpur, Lt Gen Kakria joined the Army Medical Corps on February 14, 1972. A Post-Graduate in General Surgery and Orthopaedics from the Pune University, the General officer has been a renowned surgeon, teacher and an academician. He has published numerous research papers in various National and International journals. He was awarded the Major General Amir Chand award in 1990 for the best research work in Orthopaedics on Knee Joint injuries. An Executive Member of 'Bone and Joint Decade '(BJD) 2000-2010, Lt Gen Kakria has attained global recognition for his pioneering work in joint replacement and spinal surgery.
During his illustrious career spanning over 39 years, Lt. General Kakria has held key positions including Commandant, Base Hospital Delhi Cantt., Commandant of Artificial Limb Centre, Pune and Commandant of Command Hospital (Southern Command), Pune. He has also held the staff appointment of Major General (Medical), HQ Southern Command and later became the Commandant of AMC Center & College. Appointed DGMS (Army) & Colonel Commandant on June 1, 2010, Lt. General Kakria has been awarded the Vishisht Seva Medal in 1992, Bar to Vishisht Seva Medal in 2002, Ati Vishisht Seva Medal in 2009 and Param Vishisht Seva Medal in 2011. DM/PK (PIB Release ID :72444)
General HL Kakria Takes Over as DGAFMS

MOD to be penalised if orders not complied by 05 Aug 2011

Military tribunal verdict brings respite for ex-servicemen
Ajay Sura, May 5, 2011, 05.09pm IST
CHANDIGARH: In an order with the potential of wide ramifications, the Chandigarh bench of the Armed Forces Tribunal (AFT) has ruled that the revised pay scales and consequently pensionary benefits on the recommendations of 5th Central Pay Commission to the Persons Below Officers Rank (PBOR) should be applicable with effect from January 1, 1996 instead of October 10, 997. While setting a deadline of three months to comply these orders, the military tribunal has also held that if the ministry of defence (MOD) failed to follow these orders, it would be liable to deposit Rs 10,000 to the tribunal as penalty.

With these orders thousands of soldiers who retired from January 1, 1996 to October 10, 1997 would be eligible for higher pay and pensionery benefits as per the recommendations of Ajit Kumar committee of the central 5th Pay Commission. The committee had revised the pay and pensioner benefits of Persons Below Officers Rank (PBOR) of Army, Navy and Air Force by removing anomalies.

Bench comprising its judicial member, Justice NP Gupta and administrative member, Lt Gen NS Brar of the AFT of has passed these orders while allowing various petitions filed by the ex-servicemen, Adarsh Pal and others. The petitioners were hailing from various districts of Punjab, Haryana and Himachal Pradesh.

All the petitioners had retired from January 1, 1996 to October 9, 1997 were receiving lesser pension than those who retired on or after October 10, 997 because the Ajit Kumar committee recommendations were made applicable with effect from October 10, 1997 onwards. The grouse of the petitioners was that the cut off date of October 10, 1997 was not only illegal but arbitrary also as there is no objective and rationality of this cut off date to be achieved. Arguing before the bench, counsel for the petitioner, RC Chatrath contended that said cut off date has no nexus and objective to be achieved and also in view of the fact that the anomaly should be removed from the date it arose rather than subsequent date.

Accepting the contentions, the AFT, for the first time has also made a provision of penalty of Rs 10,000 in its orders, in case of non-compliance of its orders.
Military tribunal verdict brings respite for Ex Servicemen
Comment: The term PBOR is derogatory in nature. MOD drops term PBOR- click here

Wednesday, June 1, 2011

Welfare Measures for Ex Service Personnel at snails pace

CM honours ex-servicemen Tribune News Service Dehradun, May 22, 2011
Uttarakhand Chief Minister Dr Ramesh Pokhriyal Nishank today reiterated his commitment to work for the welfare of ex-servicemen in Uttarakhand.

Addressing an ex-servicemen’s convention in Dehradun, Nishank said his government had taken a number of measures for the welfare of ex-servicemen. He said a one-time grant for decorated Army personnel had been increased substantially and was the highest in the country. Nishank said even pension of the Second World War veterans had been doubled by his government.

He said six new companies of the Eco Task Force had been constituted to provide employment to the ex-serivicemen. He said Uttarakhand had a large population of ex-servicemen and the government too had allotted free land for the construction of accommodations in Dehradun, Haldwani and the Kotdwar areas.

He said he had launched Antoyodaya Vikas Yatra to get first-hand information of the problems of the people. He said the Atal Khadhyan Yojana had been implemented in the state as relief to the people from rising prices.

The Chief Minister also honoured 102-year-old Dula Devi Gusain, a widow of an ex-serviceman. Another ex-serviceman widow Archana Negi, ex-servicemen Kedar Singh Bhandari and Bachchan Singh Bhandari were also honoured.

Uttarakhand Youth Welfare Board’s vice-president Subhash Barathwal, vice-chairman, Sainik Welfare, Col PD Kuriyal (retd), Capt Digambar Prasad Baloni, vice-president, Twenty Point Programme Implementation Committee, Jitendra Negi, district panchayat member Subhash Bhatt were among those present on the occasion.
CM honours ex-servicemen

Admission for wards of ex-servicemen
Published: May 24, 2011 00:00 IST | Updated: May 24, 2011 04:04 IST CHENNAI, May 24, 2011
A release from the District Collector's office said admission has been reserved for wards of ex-servicemen in B.E. (General) and B.E. (Anna University) and B.E. (Anna University) (lateral entry), besides medicine, arts and science colleges.
Wards of ex-servicemen who are registered in Chennai District may approach the office of the Director of District Ex-servicemen Welfare Assistance in Saidapet. click here

Chib hands over scooters keys to disabled ex-servicemen
Written by Newspoint Bureau Wednesday, 27 April 2011 23:12 Jammu tawi, April 27
Minister for Medical Education R S Chib today said that the government was committed to provide every help to the Rajya Sainik Welfare Board, which he observed is doing excellent job for the welfare of ex-servicemen in the state. He hoped that the Board would achieve new heights in its functioning under the capable patronage of the Governor N N Vohra and Chief Minister Omar Abdullah. The Minister was speaking at a function, organized by Rajya Sainik Welfare Board in connection with distribution of modified scooters to disabled ex-servicemen here today. These scooters have been provided by the Kendriya Sainik Board, Ministry of Defence. Chib said the Rajya Sainik Welfare Board and Kendriya Sainik Board remain at the forefront in extending help to the ex-servicemen. He said the modified scooters provided to the disabled ex-servicemen are a part of series of the welfare measures to extend succor to the former army personnel and their families. He said the Union Government from time to time formulates welfare schemes for ex-servicemen with provisions for housing, scholarship and financial assistance to the wards and widows of army personnel. Referring to his recent meeting with Union Defence Minister, the Minister said that he took up various outstanding issues of ex-servicemen of the state with him. These included exemption of VAT on CSD item, construction of housing colonies and Sainik Bhawan in the state. He said that the Defence Minister assured early redressal of issues projected by him. Giving brief resume of the achievements of the board, Director Sainik Welfare Board Brig (Retd) R S Langeh said the Kendriya Sainik Board provided seven modified scooters for the disabled ex-servicemen of the state last year, adding 17 more such scooters would be provided to the disabled ex-servicemen shortly. Earlier, the Minister handed over keys to the disabled Ex-servicemen Puran Chand and Balak Ram. Among others, Chairman, Ex-services League Maj. Gen. (Retd) G S Jamwal, Zila Sainik Welfare Officer Lt. Col. R L Gangal, besides a number of retired army personnel were present on the occasion.click here

11 per cent Armymen are from Bihar
March 31, 2011 Patna. Army personnel have reasons to feel proud of their Bihari roots as Bihar accounts for about 11 percent of the total Army personnel strength.
Talking to TOI, Bihar Ex-Servicemen League president Col (retd) V.K. Singh said that Bihar had lost a large size of cantonment after its bifurcation from West Bengal and later due to creation of Jharkhand. While about 20,000 troops went to the Barrackpore Cantonment in West Bengal, it lost two training centres located at Ramgargh to Jharkhand. About 7,500 troops went to the Ramgargh Cantonment after creation of Jharkhand, he said, adding even the main canteen service is still located in Jharkhand.
Col (retd) Singh said that the Army from Bihar has to go to Jharkhand to purchase two or four wheelers. Besides, the League members have been paying state tax on each item of defence being transported to Danapur Cantonment from Jharkhand. He said that about 1.5 lakh personnel are in defence service from Bihar. click here

Punjab committed for the welfare of Ex-Servicemen- Capt Balbir Singh Bath
The Minister said that Kendriya Sainik Board (KSB) on its part must get the Union Government to resolve the long outstanding issue of 'One Rank One Pension' and further the case of lateral absorption of Soldiers into the Para Military Forces and State police. He said that in Punjab we were in the process of recruiting 1600 Ex-servicemen for taking over the security related duties from the State Police. He said that there was also a need for the KSB to look at the various Central Schemes that benefit the ESM.
Prominent among others who were present in the meeting included Secretary Punjab Sainik Welfare Mr. Jagjit Puri, Director Punjab Sainik Welfare Brig. (Retd.) Inderjit Singh Gakhal, Secretary K.S.B Brig. Sudhir Uppal, Maj. Gen. (Retd.) V.K. Jain Director Punjab Sainik Welfare Uttar Pradesh, Brig. (Retd.) R.S. Langeh Director Punjab Sainik Welfare J&K, Brig. (Retd.) J.S. Dulal, Secretary R.S.B Haryana, G.P Capt. (Retd.) R.K. Sharma Secretary R.S.B Delhi, Lt. Col. (Retd.) R.K. Singh District Sainik Board Chandigarh (UT), Maj. (Retd) J.S Puria Deputy Director RSB Himachal Pradesh, Maj. (Retd.) B.S. Negi, Deputy Director RSB Uttrakhand. click here

Ex Service Personnel Welfare News

Ex-servicemen urged to register their new addresses by May 31, 2011Bhopal: May 28, 2011 (Ataullah Faizan): The Directorate for Ex-Servicemen’s Welfare has urged the ex-servicemen of Bhopal, Raisen, Sehore and Vidisha districts, war widows and dependents of ex-servicemen registered with the District Ex-servicemen’s Welfare Office, Banganga Crossing, Bhopal, to get their correct address registered by May 31, 2011. According to Joint Director Col. V.K. Chaube (Retired), the directorate is unable to make contact and correspondence with a majority of ex-servicemen, widows and dependents on the addresses registered with the District Ex-servicemen’s Welfare Office, Bhopal. Due to this, difficulties are being faced in giving timely information to them about the welfare schemes meant for them and functions held on national festivals and other occasions.
In this context, the directorate has urged ex-servicemen of Bhopal, Raisen, Sehore and Vidisha districts, war widows and dependents of ex-servicemen to get their new addresses, phone number and mobile numbers registered with District Ex-servicemen’s Welfare Office, Bhopal, by May 31, 2011.
Ex-servicemen urged to register their new addresses by May 31, 2011
Comment: Why this urgency and a cut off date? The process should be continous. Updating veteran information is the main task of Zilla, Kendriya and Rajya Sainik Boards

Plan to recruit ex-servicemen as postmen Special Correspondent
VILLUPURAM: The post offices at Kallakurichi and Thirukkoilur have proposed to recruit ex-servicemen as postmen. The interested ex-servicemen, up to 65 years of age, could apply to the Inspector Posts, either at Kallakurichi east sub-division or the Thirukkoilur sub-division. Further details could be obtained from the Assistant Director of Ex-Servicemen Welfare Association, according to a statement from the Villupuram Collectorate. click here

Ex-servicemen rally evokes massive response in Kupwara Sringar | Wednesday, May 11 2011 IST
An ex-servicemen rally evoked a massive response in the frontier district of Kupwara, once a hub of militants in north Kashmir, a Defence Ministry spokesman today. The rally was organised by 18 Rashtriya Rifles (RR) battalion under the aegis of Sector 8 at Krusan, Lolab yesterday. The rally was a part of welfare activity undertaken by Army for the ex-servicemen and veer naries of Kashmir. The rally evoked tremendous response from the retired soldiers of Lolab, who were apprised of the latest welfare schemes that have been launched by the Army for them.
The rally was inaugurated by Officiating Commander, 8 Sector RR who congratulated the ex-servicemen of Lolab for turning up in large numbers and making the event a huge success. He also appreciated and highlighted the role of ex-servicemen in development of Lolab Valley and expressed hope that the younger generation would be inspired by their patriotism and loyalty to the nation and follow in their footsteps.
Representative of Zila Sainik Board, Srinagar and Officer-in -Commander ex-servicemen Contributory Health Scheme also addressed the rally. They interacted with ex-servicemen and educated them about the various schemes being run for the benefit of ex-servicemen.
Ex-servicemen rally evokes massive response in Kupwara

Military tribunal verdict brings respite for ex-servicemen May 5, 2011, 05.09pm IST TNN[ Ajay Sura ]

CHANDIGARH: In an order with the potential of wide ramifications, the Chandigarh bench of the Armed Forces Tribunal (AFT) has ruled that the revised pay scales and consequently pensionary benefits on the recommendations of 5th Central Pay Commission to the Persons Below Officers Rank (PBOR) should be applicable with effect from January 1, 1996 instead of October 10, 997. While setting a deadline of three months to comply these orders, the military tribunal has also held that if the ministry of defence (MOD) failed to follow these orders, it would be liable to deposit Rs 10,000 to the tribunal as penalty.

With these orders thousands of soldiers who retired from January 1, 1996 to October 10, 1997 would be eligible for higher pay and pensionery benefits as per the recommendations of Ajit Kumar committee of the central 5th Pay Commission. The committee had revised the pay and pensioner benefits of Persons Below Officers Rank (PBOR) of Army, Navy and Air Force by removing anomalies.

Bench comprising its judicial member, Justice NP Gupta and administrative member, Lt Gen NS Brar of the AFT of has passed these orders while allowing various petitions filed by the ex-servicemen, Adarsh Pal and others. The petitioners were hailing from various districts of Punjab, Haryana and Himachal Pradesh.

All the petitioners had retired from January 1, 1996 to October 9, 1997 were receiving lesser pension than those who retired on or after October 10, 997 because the Ajit Kumar committee recommendations were made applicable with effect from October 10, 1997 onwards. The grouse of the petitioners was that the cut off date of October 10, 1997 was not only illegal but arbitrary also as there is no objective and rationality of this cut off date to be achieved. Arguing before the bench, counsel for the petitioner, RC Chatrath contended that said cut off date has no nexus and objective to be achieved and also in view of the fact that the anomaly should be removed from the date it arose rather than subsequent date.

Accepting the contentions, the AFT, for the first time has also made a provision of penalty of Rs 10,000 in its orders, in case of non-compliance of its orders