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Sunday, August 12, 2012

OROP - Issue Small, Fall-out Fearsome!

Karan Kharb

The issue of ‘One Rank One Pension’ (OROP) has been heating up since long.  More recently, the nation has seen its 2.3 million ex-servicemen – the most disciplined and law-abiding class in our society – having to publicly protest and return their medals with petitions signed in blood to draw Government attention.  Unlike their civilian brethren, soldiers do not have ‘Associations’ to hold rallies and demonstrations to express their grievances. Ex-servicemen are, therefore, neither used to nor temperamentally inclined to make public their woes – a virtue the nation must respect. Yet, if an increasing number of them are now resorting to such methods, it must become a cause of concern for the Government.

            The weird arguments citing burden on the national exchequer and risk of triggering similar demands from other Central Civil Services are unfair and unjust because there is no similarity in the job profiles of civil and military services.  Rationale behind such rival claims would therefore be grossly faulty and a scantily clad mischief aimed at perpetuating the on-going neglect and systematic suppression of the military and its retiring/retired soldiers. There are ground realities that further reinforce the genuineness and urgency of not only the grant of OROP to the Ex-servicemen but also the need and importance of restoring the lost dignity, morale and well being of the nation’s muscle power – India’s Armed Forces:- 

1.               Significance of Military ‘Rank’: The hierarchy of military leadership is based upon visible badges of rank and embellishments on the uniform worn by officers and JCOs/NCOs.  All professional and social protocol of inter-action is governed by the status and authority carried by respective rank in the hierarchical order.  Legally and traditionally, Armed Forces personnel carry their rank even on retirement as a legacy.  Whereas in the active military service no junior can get more salary than his senior in the same rank, on retirement this equation is ironically turned upside down, as we have juniors retiring later getting more pension than their seniors who retired earlier in the same rank.  It is ridiculously embarrassing besides being unjust in every respect.

2.               Serving and Retiring at a Loss: The majority of jawans and officers retire 10 to 20 years earlier than their civilian brethren, thereby losing service benefits, pay and allowances of higher ranks for those many years.  The necessity to maintain a youthful military profile leads to jawans and Junior Commissioned Officers (JCOs) retiring when they are still in the age group of 38 to 48 years and officers at 50 with their kids still too young, parents too old and family responsibilities far more expanded. Civilians, on the other hand, get to serve up to 60 years and retire happily after reaching their final pay bands with their children well settled and life’s basic commitments largely accomplished.  These harsh terms and conditions of Service result in heavy financial loss at the most crucial stage of a soldier when he needs financial security most.  Since almost all civil government employees reach their final post/pay band, they naturally retire having earned highest pension scale in their stream, which virtually translates to a more remunerative deal than the OROP demanded by ex-servicemen!  Accordingly, if military personnel chose to invoke the ‘principle of equity’, they should rightfully be demanding the highest pension grades in the corresponding running pay band of Subedar Major in respect of  JCOs and other ranks (OR) and the final scale of senior administrative grade/higher administrative grade (SAG/HAG) (i.e., Major General/Lt General) in respect of officers since similar dispensation is in vogue for civil services. 

3.               Unequal Career Growth Options: Whereas nearly all civilians make speedy career advances in secure environs of their pre-specified state cadres/deputations and reach their highest rank/pay bands, the majority in the Armed Forces (jawans and officers) find themselves out of job even though they fulfil the laid down criteria for career advancement/promotions.  A look at this career contrast: Whereas over 90% of the IAS officers reach Secretary/Additional Secretary level and none retires below Joint Secretary rank, only 0.02% of the Armed Forces officers make it to Army Commander level, 0.15% to other Lt General levels (Corps Commanders and others) and only 0.4% to Major General level (even after the recent cadre enhancement!). Because of the constricted pyramidal organisational structure of the Forces, a large number of competent officers fully eligible for higher ranks have to be wasted out every year. Caught in a whirlpool of systemic adversity, large number of such qualified officers get neither their deserved pay nor pension.  Likewise, the majority among jawans too reach no further than Honorary Havildar level whereas almost all lower division clerks (LDCs) in central services and all Constables are assured to retire at least as Section Officers and sub inspectors (SIs) respectively reaping highest returns until and after 60 years of age. Military personnel obviously deserve to be appropriately compensated for the losses they are suffering due to early retirement and short-changed dispensation due to restricted career opportunities, early loss of job and resultant loss of salary and pension due to early retirement.

4.               ‘Unique’ Service Conditions: Forfeiting their fundamental rights, our jawans and officers not only serve in extremely hostile terrain and climate but also spend the better part of their life in separation from their families even in peace locations with no guarantee of  even weekly holidays and festivals.  From fighting at the world’s highest battle-field where hostile terrain and weather claim more lives than the enemy, to operating in jungles and desert far away from the civilisation, soldiers lead unusually tough life – unseen and un-imagined in civil life.  These extraordinary service conditions make the Armed Forces uniquely distinct from and incomparable with any other Service in the country.  Recognising this uniqueness of the Defence Services, the Government has already decided to have a separate Pay Commission for the Armed Forces in the future (as announced in the Lok Sabha by the Defence Minister on 13 July 2009).  The crucial details as to how such a Pay Commission would be constituted and how equal to or independent of the other the Central Civil Services Pay Commission it would be, have not yet been made public.

5.               Nation’s Last Resort: In spite of its back breaking Recession, it is primarily because of its superior military might that the US is in a position to assert its will and authority coercively over any country in the world, disregarding dissent, if any, from any power in the world.  It is through a credible military deterrent that a nation’s diplomatic and political strides find meaning and economy its protective cover.  Few countries have used their military might more than India to defend their borders and maintain order within. With a history of four wars since Independence, incessant insurgencies and expanding terrorism, India should be imparting lessons to the world on the importance of maintaining a powerful and motivated military.  From Siachin to Arunachal to Kanyakumari, for anything too serious or too dangerous, eg, natural calamities, epidemic, riots, disruption of essential services, failure of civil administration – even for salvaging the national honour in fiascos like the CWG footbridge collapse – the Government and the people alike have always turned to Fauj (Armed Forces) for speedy solutions.  Others can raise their hands, stand aside and watch.  But has the Fauj ever belied nation’s faith in its Armed Forces?  Their failure, God forbid, if ever so it were, it would be a national disaster. 

The treatment being met out to the Armed Forces in India has started hurting the serving and retired soldiers alike.  A calculated and systematic method is seen clearly at work in degrading the position and prestige of military ever since the 4th Pay Commission.  Every successive Pay Commission has pushed Armed Forces a few notches below their deserved niche. The way the Ex-servicemen’s demand for OROP has been treated goes to prove that there are anti-military forces aggressively at work to deprive soldiers and ex-soldiers of their genuine dues.  In all fairness, bureaucrats found guilty of delaying and denying military dues and entitlements must be severely dealt with and even prosecuted for their anti-national outlook or for inefficiency.  This must be particularly ensured in cases where the political leadership and/or the higher judiciary have ruled in favour of the military.  The case in point is the  ex-servicemen’s demand for OROP which has been long lost in bureaucratic machinations despite its non-controversial character and unanimity of views in its support from all authorities/judiciary/political parties that have ever deliberated over this demand as is clear from the following facts on record:-  

(a)    Firstly, grant of OROP has been repeatedly recommended by successive Parliamentary Committees over the years.

(b)   Secondly, nearly all major Political Parties including Congress and the BJP have supported the long pending OROP demand in their election manifestoes.  The UPA Chairperson, Mrs Sonia Gandhi is on record declaring her support in favour of Ex-servicemen on this score in her public utterances and media interactions.

(c)    Thirdly, observations and directions passed by the Judiciary (including honourable Supreme Court) in a number of cases relating to disparity in pay & pension of ex-servicemen have favoured removal of disparity on this issue.  An anguished Supreme Court has gone to the extent of admonishing the authorities for treating soldiers/ex-soldiers like ‘beggars’.

(d)   Fourthly, even the Committee headed by the Cabinet Secretary found it hard to refute the legitimacy of OROP demand.  However, while the Committee largely accepted the essence of the demand in respect of JCOs/OR, often wrongly described in some MoD communications as ‘personnel below officer rank’ (PBOR), in the case of Commissioned Officers, it stopped just short of according  parity between pre and post 01-01-2006 pensioners.  (Statement of Shri AK Antony, Minister of Defence in the Lok Sabha on 13 Jul 2009 refers). Confounding the simple issue, the Committee’s convoluted recommendations at best halved the injustice to officers by introducing an absurdly misleading idea ‘modified parity’ as if there could be such a thing as ‘modified truth’ or ‘starve & enjoy’!  Reality is that anything other than ‘parity’ is ‘disparity’ and that must be resolved in simple and absolute terms.  

5.         Unfortunately, a skewed impression has been created about the genuine requirements of the serving and retired soldiers as if these were no more than their welfare demands.  The seriousness of repercussions such distorted views can have in weakening the vitals of our national defence is indeed grave because the nation’s defence potency will be only as strong as the motivation of its soldiers.  Their well being must, therefore, be viewed as national imperatives and not merely questions of their welfare.  Since every serving soldier is a future ex-serviceman, repercussions of decisions on issues like OROP directly affect the psyche of fighting soldiers as well.  The simmering disgruntlement among the soldiers and ex-soldiers raises serious questions on the state of morale and motivation of our Armed Forces.  Nothing can be more perilous for a country than a demoralised military led by an impoverished leadership in the wake of continuing Government apathy on basic issues such as OROP. 

18 comments:

  1. COL LAMBA14 September, 2012 19:12
    DEAR GEN,
    DO YOU KNOW ,YOUR PENSION WAS TO BE RESTORED IN 13 YEARS.YOU ARE IN DARK ,COURT HAS GIVEN JUDGEMENT, BUT IMPLEMENTATION LETTER IN 36 YEARS NOT ISSUED,DUE TO POOR WELFARE CONCERNS BY GENERALS AT ALL LEVEL INC ARMY HQ COAS. SO ALL WILL SUFFER INCL THEM'YOU SHOW ME ,YOUR ACTION IN THIS REGARD. I HAVE PROGRESSED CASE WITH MOD/AHQ/PM & COURT. LETS ADD YOUR STRENGTH.
    PETITIONER:
    UNION OF INDIA DATE OF JUDGMENT09/12/1986
    BENCH: MISRA RANGNATH
    BENCH: In petitions under Article 32, the petitioners haveasked for striking down certain provisions of the said Rulesas they permit the Union to recover more than what is paid
    to the pensioners upon commutation and for a direction that
    an appropriate scheme rationalising the provisions relating
    to commutation be brought into force because there has been
    a substantial improvement in the life expectancy of the
    people, and since commutation portion out of the pension is
    ordinarily recovered within about 12 years, there is no
    justification for fixing the period at 15 years. benefit
    agreed to be extended in respect of the commuted portion of
    the pension should be effective from 1.4.1985

    ReplyDelete
  2. DO YOU KNOW ,YOUR PENSION WAS TO BE RESTORED IN 13 YEARS.YOU ARE IN DARK ,COURT HAS GIVEN JUDGEMENT, BUT IMPLEMENTATION LETTER IN 36 YEARS NOT ISSUED,DUE TO POOR WELFARE CONCERNS BY GENERALS AT ALL LEVEL INC ARMY HQ COAS. SO ALL WILL SUFFER INCL THEM'YOU SHOW ME ,YOUR ACTION IN THIS REGARD. I HAVE PROGRESSED CASE WITH MOD/AHQ/PM & COURT. LETS ADD YOUR STRENGTH.
    JUDGEMENTPETITIONER:
    "COMMON CAUSE" A REGISTERED SOCIETY AND OTHERS
    Vs.
    RESPONDENT:
    UNION OF INDIA
    DATE OF JUDGMENT09/12/1986
    BENCH:
    MISRA RANGNATH
    BENCH:
    MISRA RANGNATH
    BHAGWATI, P.N. (CJ)
    CITATION:
    1987 AIR 210 1987 SCR (1) 497
    1987 SCC (1) 142 JT 1986 991
    1More than 50% of the Defence personnel belong to the
    lowest rank and about 81% in all retire early. The weightage
    factor relied upon by the respondent to treat the Defence
    personnel differently is not a tenable feature. The Defence
    personnel are a class by themselves. In their case, retirement takes effect in certain classes as justified 986 SCALE (2)974.The petitioners have contended that the commuted portion
    out of the pension is ordinarily recovered within about 12
    years and, therefore, there is no justification for fixing
    the period at 15 years.We direct the respondent--Government to give effect to
    this order within a period of three months from now.

    We place on record our appreciation of the consideration shown
    by the Union of India to ameliorate the hardship of the
    pensioners. There will be no order as to the costs.

    ReplyDelete
  3. STATUS OF OFFICERS FOR ISSUE OF MEDICINE FROM ECHS POLYCLINCS


    A] THE Contribution DETAILS ARE APPENDED BELOW
    Uncommutted Basic pension + DP
    Corresponding Scale of Grade Pay at the time of retirement
    Old Rates
    New Rates
    Up to 3000
    --
    1800
    --
    3001 -6000
    1800, 1900, 2000, 2400 & 2800
    4800(x3.125)
    15000
    6001- 10000
    4200
    8400(x3.2)
    27000
    10001- 15000
    4600, 4800, 5400 & 6600
    12000(x3.25)
    39000
    15001and above
    7600 and above
    18000(x3.33)
    60000

    B. THE TREATMENT IN HOSPITAL
    1] MH OFFICER IN OFFR WARD,
    JCO IN JCO WARD
    OTHERS IN THEIRS RANKS WARD.
    2] Entitlement for Indoor Treatment. Charges as
    Applicable to CGHS will apply. ECHS beneficiaries shall be
    Entitled To a general/semi private/ private ward facility in
    empanelled Hospitals according to their rank structure as
    under (Authy: GoI Ltr 22(16)/05/US(WE)/D(Res) dated 1 9 Jul
    2005 :-

    3, Basic Monthly Pension (Rs) Entitlement of Hospital Beds”
    I. Officers> Private Ward
    II, JCOs (Nb Sub to Sub Maj including Hony Ranks of Lt/Capt
    and Equivalent)>Semi Private Ward
    III. NCOs (Sep to Hav including Hony Ranks of Nb Sub and
    Equivalent)>General Ward
    C]The following will be treated as Senior Citizens (Authy: ECHS Ltr
    B/49701-PR/AG/ECHS dated 19 Nov 07). :-
    (a) Males -75 Yrs & above (b) Females -70 Yrs & above.


    EXEMPTED FROM CONTRIBUTION PERSONS:

    (a) War Widows and Next of Kin’s of deceased Soldier who are in receipt of ‘Liberalized Family Pension’ are exempted from payment of ECHS contribution.

    ReplyDelete
  4. STATUS OF THE CASES OF PRE 2006 PENSIONERSS IN VARIOUS COURTS :
    AS ON 01.08.2012
    Ite mHEARD BY PETITION NO. & YEAR LEAD PETITIONER NEXT DATE FIXED
    FOR HEARINGREMARKS IN BRIEF
    I CAT-PB Delhi OA 3079/2009 LR Khatana s29 DOJ 01.11.11 Modified Parity case. Appeal allowed to refix pension in 3 months as per OM dt 29.08.08.
    2 CAT-PB Delhi OA 306/2010 D L Vohra s29 DOJ 01.11.11 Modified Parity case. Appeal allowed to refix pension in 3 months as per OM dt 29.08.08.
    3 CAT-PB Delhi OA 507/2010 PPS Gambhir s29 DOJ 01.11.11 Modified Parity case. Appeal allowed to refix pension in 3 months as per OM dt 29.08.08.
    4 CAT-PB Delhi OA 655/2010 S29 pen.Association DOJ 01.11.11 Modified Parity case. Appeal allowed to refix pension in 3 months as per OM dt 29.08.08.
    5 CAT Hydrabad OA 2413/2009 AJ Gurushanker DOJ 09.09.11 Full parity case. Appeal disallowed.
    6 AFT-PB Delhi OA 24/2010 Lt.Com.AvtarSingh DOJ 14.09.2010 Modified Parity case. Appeal allowed.
    7 AFT-PB Delhi OA 270/2010 Sq.Ldr. V K Jain DOJ 14.09.2010 Modified Parity case. Appeal allowed.
    8 AFT-PB Delhi OA 139/2009 Lt.Col.PK Kapur DOJ 30.06.10 Modified Parity case. Appeal allowed.
    9 AFT Chandigarh OA 277/2010 Romesh Chand DOJ 01.11.2010 Modified Parity case. Appeal allowed.
    10 AFT Chandigarh OA 312/2010 OP Singh DOJ 01.11.2010 Modified Parity case. Appeal allowed.
    11 AFT Chandigarh OA 313/2010 MS Minhas DOJ 01.11.2010 Modified Parity case. Appeal allowed.


    12 AFT Chandigarh OA 314/2010 YS Nijjar DOJ 01.11.2010 Modified Parity case. Appeal allowed.
    13 AFT Chandigarh OA 325/2010 Dildar Singh Sahi DOJ 01.11.2010 Modified Parity case. Appeal allowed.
    14 AFT Chandigarh OA 326/2010 Gurlochan Singh DOJ 01.11.2010 Modified Parity case. Appeal allowed.
    15 AFT Chandigarh OA 327/2010 Gurmeet Singh DOJ 01.11.2010 Modified Parity case. Appeal allowed.
    16 AFT Chandigarh OA 445/2010 Balwant Singh DOJ 01.11.2010 Modified Parity case. Appeal allowed.
    17 AFT Chandigarh OA 476/2010 Karam Chand DOJ 01.11.2010 Modified Parity case. Appeal allowed.
    18 AFT Chandigarh OA 257/2010 Jagdish Chandar DOJ 25.11.2010 Modified Parity case. Appeal allowed.
    19 AFT Chandigarh OA 409/2010 N N Sud DOJ 25.11.2010 Modified Parity case. Appeal allowed.
    20 AFT Chandigarh OA 410/2010 HS Tonque DOJ 25.11.2010 Modified Parity case. Appeal allowed.
    21 AFT Chandigarh OA 521/2010 GS Kang DOJ 25.11.2010 Modified Parity case. Appeal allowed.
    22 AFT Chandigarh OA 522/2010 SS Matharu DOJ 25.11.2010 Modified Parity case. Appeal allowed.
    23 AFT Chandigarh OA 346/2010 DOJ 25.11.2010 Modified Parity case. Appeal allowed.
    24 AFT Chandigarh OA 728/2010 DOJ
    25.11.2010 Modified Parity case. Appeal allowed.
    25 AFT Chandigarh OA 100/2010 SPS Vains M.Gen. DOJ 04.03.2010 Modified Parity case. Appeal allowed.
    26 CAT Patna OA 284/2009 MMP Sinha DOJ 28.05.2010 Full Parity case. Appeal Disallowed.

    27 CAT-PB Delhi OA 1732 / 2010 Ram Murti Raina DOJ 25.05.2010 Prayer for reconsideration allowed but UOI has done nothing in the matter.
    28 CAT Mumbai OA 780/2009 + 8 Dr. KR Munim DOJ 22.02.2011 Full Parity case. Appeals Disallowed.
    29 CAT Ernakulam OA 843/2010 S29 and s26 S.Parmasivan Pillai & Ors. 24.11.2011
    This prayer was for modified parity and for counting of special pay for pension allowed
    under DRDO letter dt. 10.10.2008. Appeal allowed to refix pension in 3 months (1) As per OM dt 29.08.08 exactly as pronounced by CAT-PB in case of OA 655 of 2010 (2) Also to count special pay allowed under DRDO letter dt. 10.10.2008, to three of the ten
    petitioners, namely,S. Paramasivan Pillai. A.K.Prakash and Kalaga Sriharikumari.
    30 AFT-PB/Delhi OAs 106/2009,76/ 2011 and 24/2011 Wg.Comm. V S Tomar & Ors. Vs. UOl DOJ 07.12.2011 Petition is allowed in part and para 5 of Order dt.11.11.2008 (pension be in no case less than 50% of Minimum of the pay band plus grade pay
    corresponding to pay scale from which pensioner had retired I discharged, including MSP and X group pay where applicable) struck down being discriminatory and violative of Article 14.

    ReplyDelete
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  6. Differential treatment in fixing pension unfair, rules SC


    The Apex Court has delivered a landmark judgement in respect of Pensioners and Family Pensioners who were receiving pension prior to general revision of Pension (in situation such as pay commission) by Government.
    Hon’ble Supreme Court has held that “In fixing Pension, no differential treatment can be made among government employees who retired in different periods while taking into consideration their dearness pay”.
    In the process, Hon’ble Supreme Court has quashed the Tamil Nadu Government Order which allowed only partial dearness pay to pensioners who retired before 1st June 1988 forcalculating revision of pension, while the pensioners retired after 1st June 1988 were allowed higher dearness pay.
    The extract of report on this judgement by the Hindu is as follows
    In a ruling that will benefit thousands of employees, a Bench of Justices D.K. Jain (who has since taken over as Law Commission Chairman) and J.S. Khehar quashed an August 9, 1989 Tamil Nadu Government Order to the extent that it extended to employees who retired on or after June 1, 1988 a lower component of ‘dearness pay’ as against those who had retired prior to June 1, 1988, holding that the GO was violative of Articles 14 (equality before law) and 16 (equality in matters of public employment) of the Constitution.
    The Bench said there was no valid justification for the government “to have classified pensioners similarly situated as the appellants — the Kallakurichi Taluk Retired Official Association, etc [who retired after 1.6.1988] — from those who had retired prior thereto.”
    Writing the judgment, Justice Khehar said inflation would have the same effect on all pensioners, whether they retired prior to or after June 1, 1988.
    “The purpose of adding the component of ‘dearness pay’ to wages for calculatingpension is to offset the effect of inflation…Therefore, the classification in the impugned GO placing employees who retired after 1.6.1988 at a disadvantage, vis-à-vis the employees who retired prior thereto, by allowing them a lower component of ‘dearness pay’, is clearly arbitrary and discriminatory.”
    The Bench said: “In a situation where the State government had chosen that a particular component of ‘dearness allowance’ would be treated as ‘dearness pay’, it could not discriminate between one set of pensioners and another, while calculating the pension payable to them.”
    In the instant appeals, a single judge of the Madras High Court granted relief to the pensioners but a Division Bench reversed the order. The present batch of appeals was directed against that judgment.
    Source: The Hindu
    Posted by COLc Ranbir Lamba

    ReplyDelete
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  9. Ex Servicemen; the pension would be based on 50% of the minimum of the pay in the pay band as per rank held on 1/1/2006 plus grade pay plus MSP. For example for Lt Col the revised pension would be 50% of (42120+8700+6000) = 28410. Diff (28410-25700=2710) and 72 % DA thereon wef 01 July 2012. A table showing the revised pension is given from the rank of Capt to Brig.


    Rank
    Existing Pension as on 1/1/2006
    Revised Pension as on 1/1/2006
    Diff in

    Pension
    Family

    Pension


    50% of Min of pay band +GP+MSP
    50% of Min of pay in pay band as per rank +GP+MSP

    60% of Revised

    pension

    Captain
    15600+6100+6000=13850
    19350+6600+6000=15975
    2125
    9585

    Major
    15600+6600+6000=14100
    26650+7600+6000=20125
    6025
    12075

    Lt Colonel
    37400+8000+6000=25700
    42120+8700+6000=28410
    2710
    17046




    Colonel
    37400+8700+6000=26050
    46050+8900+6000=30475
    4425
    18285

    Brigadier
    37400+8900+6000=26150
    48870+10000+6000=32435
    6285
    19461

    Note: The figures quoted are the ones which will change when the HSC order of 04 Sept 2012 is implemented in toto. As of date changes have been made as recommended by Committee of Secys of the MoD letter applicable from 24 Sept 2012 the arrears of which will be paid by PDAs hopefully in Apr 2013.

    ReplyDelete
    Replies
    1. Ramesh11:00 am

      Let us consider four ranks for analysis. Appx A to MOD Letter No. 1(11)/2012-D(Pension/Policy) dated 17.1.2013 gives the following maximum pensions based on the principle of 50% of the minimum pay of the pay-band of the rank within the overall pay band +GP+MSP as relevant:-

      1. Major 18,205.
      2. Lt Col(TS)&(S) 26,265
      3. Col (S)& (TS) 27,795
      4. Brig 29,145

      We have got arrears according to this from 24 Sep 2012.

      However, your figures for these four ranks are Major (20125), Lt Col (28410 ), Colonel (30475) and Brig (32435). Could you explain. What are the pay bands of these four ranks and the corresponding GP and MSP? Has the MOD made a mistake in preparing the Appx A ? Kindly recheck and respond.

      Colonel R.S. Alvar (Retd)

      Delete
  10. AS ON 06 MAY 13

    Serving of Legal Notice

    As a prelude to ‘Contempt action’ proceedings, RDOA has served legal notice through its advocates to the Defence Secretary, Secretary Def Finance, Secretary Expenditure (MoF) and CGDA to comply with the Hon’ble Supreme Court judgment dated 04 Sept 12 in letter and spirit by 31 May 13 failing which they all will be susceptible / liable to contempt of HSC court order.

    Since CDAO Pune and CDA Pension come under CGDA no separate notice has been given to them.

    ReplyDelete
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    Replies
    1. COME TO MY BLOG[COLLAMBA] U WILL GET MUCH MORE DETAILS BUT NOT AS ANONYMOUS. YOUR E MAIL WILL BE VERIFIED ONLY THEN U WILL BE ALLOWED
      Ex-Servicemen: Travelling Allowances for Medical Treatment.


      Government of India No.22(02)/11/US(WE)/D(res)
      Ministry of Defence
      Department of Ex-Servicemen Welfare
      New Delhi, the 10th May, 2013
      To,
      The Chief of Army Staff
      The Chief of Naval Staff
      The Chief of Air Staff
      Subject : Travelling Allowances for Medical Treatment.
      Sir,
      With reference to Govt. of India, Ministry of Defence letter No.24(8)/03/US(WE)/D(Res) Dated 19th December, 2003, I am directed to convey the sanction of the President to amend and include following sub-paragraphs 2 under Heading “Travelling Allowance” as under :


      TRAVELLING ALLOWANCE

      12. The following procedure will govern the movement of patient to referred clinics :-

      (a) Admissibility
      (i) No change.
      (ii) No Change
      (iii) Air Travel Reimbursement for air travel in emergency cases will be considered on merits of individual case by the Ministry in consultation with MoD (Finance) provided the Medical officer of Polyclinic or the Specialist at Service Hospital certifies in writing that the air travel was absolutely essential and that travel by other means i.e. by rail or road etc., would have definitely endangered the life of the patient or involved the risk of serious aggravation of the condition of the patient.

      (iv) Kidney Donor : Reimbursement of travelling allowance to the kidney Donor in connection with the journeys undertaken for donation of kidney is admissible at the following rates
      (aa) If the donor is a non-ECHS beneficiary.- Will be admissible at the rates applicable to the recipient ECHS beneficiary.
      (ab) If the Donor is another ECHS beneficiary- Will be admissible at the rate applicable to the donor.

      (b) Ambulance Charges : Ambulance services authorised in Polyclinics/Military Hospitals may be utilized for patients when being referred to Service/Empanelled Hospitals in the same city. However, if Ambulance is not provided and Medical Authority (Medical Officer of Polyclinic or the Specialist at Service Hospital) certifies in writing that conveyance of the patient by any other mode would definitely endanger the life of the patient or involve the risk of serious aggravation of his/her condition, expenditure incurred on engagement of ambulance used to convey the patient will be reimbursed provided that the journey is undertaken within the same city.

      2. This issues with the concurrence of Ministry of Defence (Finance) vide their U.O. No.1224/13.Fin..Pen dated 9th May, 2013.

      Yours faithfully,
      Sd/-
      (H.K. Mallik)
      Under Secretary to the Govt. of India

      Delete
  13. RESPECTED PM SIR
    1; UPA II HAS BEEN UNKIND & UNCONCERNED TO ARMED FORCES. THE CASE WAS UNDULY DENIED BY GOVT. NOW COURT HAS GIVEN DECISION TO PAY WHICH SHOWS GOVT WAS WRONG. THE AMOUNT IS TO BE PAID WEF 24/9/2012 INTEREST WEF 1/1/2013 @ 9%INTEREST

    BUT ACTUALLY IT SHOULD BE PAID WEF 1/1/2006.
    HOPE UPA II WILL PAY WEF 1/1/2006 ELSE IT WILLAMOUNT TO TAKING BREAD FROM MOUTH OFOLD AILING PENSIONERS & WIDOWS. WHICH NO ONE WILL TOLERATE ,EVEN IF U TAKE FOOD

    FROM ANIMAL MOUTH ,THE ANIMAL WILL BITE BACK. THUS IN CASE UPA II WANTS VOTES OF FORCES[MONEY EARNED BY BLOOD] THEN GIVE THEM THEIR DUE WEF 1/1/2006. [ LOOTERS ARE LOOTING CRORES ALMOST WEEKLY IN NEWS] KINDLY PAY THE FOLLOWING ALSO ELSE THE VALUABLE VOTES MAY VANISH

    2]NFU STATUS: ARMY HAS NOT BEEN GIVEN NFU STATUS YET.KINDLY DO AT THE EARLIEST WEF 1/1/2006
    A]. THE BULK OF ARMY OFFICER RETIRES IN Lt COL RANK & BELOW.
    SO IDEALLY THEY SHOULD BE IN SUPER TIME SCALE.
    B]COL [SELECTION GRADE] SHOULD BE ABOVE SUPER TIME SCALE,
    SO IS BRIG, BUT IN REALITY IT IS NOT SO. THEY ARE BEING PAID DEGRADED
    PAY & PENSION
    C]Colonel has been equated with Non-Functional Selection Grade (NFSG). The rank of a
    DIG who was till date between a Lt Colonel and a Colonel is now officially equal to a
    Brigadier. Both are now on a Grade Pay of Rs 8900
    D]IT IS WORTH MENTIONING THAT POLICE HAS GONE ONE RANK UP
    ALREADY DURING COAS MALHOTRA TIME. HE DID HIS BEST TO REVERSE
    POLICE ACTION, BUT COULD NOT DO SO & DID NOT UPGRADE RANK OF HIS FORCES.NOW FURTHER DEGRADATION
    E]WHERE IS REWARD TO COL/BRIG WHO WORKED HARD FOR
    PROMOTION & ORGANISATIONAL GROWTH, ALL THEIR LIFE
    COL/BRIG SHOULD BE PLACED IN HAG SELECTION GRADE
    COL/BRIG IS IN FORE FRONT DURING PEACE/WAR AND
    WITH DIRECT COMMUNICATION WITH MEN.COL/BRIG IS A KING PIN BETWEEN TROOPS & HIGHER UPS.
    3] DA SHOULD NOT BE TAXED: IT IS UNJUSTIFIED TO TAX DA. BY TAXING THE DA, EMPLOYEES ARE DENIED THEIR LEGITIMATE RIGHT TO FIGHT
    INFLATION AS A PIE IS TAKEN AWAY FROM THEIR PLATE BY INCOME TAX.
    IT WAS NOT BEING TAXED FOR SIX DECADES, BUT SMART EX FM PC HAS TAXED THE DA AT HIS OWN WISDOM & NO WHEN RESISTED/CONTESTED.KINDLY DONOT TAX DA.
    4. MERGER OF DA ON ATTAINING DA SLAB OF 50 % IS NOT DONE IN 6 CPC: IT WAS IN 5th CPC, BUT AN OMMISSION HAS TAKEN PLACE & NEEDS CORRECTION. DA IS MOTHER OF ALL ALLOWANCES. AS SERVING PERSONALS OTHER ALLOWANCES HAVE BEEN ENHANCED ON BASIS OF DA AT 50% BY 25% THAN HOW CAN YOU FORGET MERGING DA IN PAY/PENSION AS DP.[BABU FORGOT TO MENTION & CREATED MESS FOR ALL]

    ACKNLOWLDGEMENTS
    pmosb@nic.in via vastu9.nic.in
    May 8 ,2013

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  14. KINDLY SEE THE ACTS OF OUR KIND FM
    1.STANDARD DEDUCTION TAKEN AWAY:
    THIS WAS APPLICABLE FOR SIX DECADES ,BUT WAS TAKEN AWAY BY OUR FM . IT IS UNJUST AND UNDEMOCRATIC ACT .IT SHOULD BE RE-INTRODUCED 2. MERGER OF DA ON ATTAINING DA SLAB OF 50 % IT IS DUTY OF FM TO RECTIFY ANOMALY BEFORE IMPLEMENTING BUT HE IS TAKING SHELTER OF IT & SAYING IT CANNOT BE DONE AS IT HAS NOT BEEN RECOMMENDED IN THE 6thCPC REPORT.IT WAS IN 5th CPC, BUT AN COMMISSION HAS TAKEN PLACE & NEEDS CORRECTION. DA IS MOTHER OF ALL ALLOWANCES. AS SERVING PERSONALS OTHER ALLOWANCES HAVE BEEN ENHANCED ON BASIS OF DA AT 50% BY 25% THAN HOW CAN YOU FORGET MERGER DA IN PAY/PENSION AS DP.[BABU'S FORGOT TO MENTION & CREATED MESS FOR ALL] 3. ON OTHER HAND BABU'S FORGET TO READ CORRECTLY 6th CPC & CREATED MESS FOR READING OF "SUM OF PAY BAND " & GAVE MINIMUM OF PAY BAND . NOW 13 COURTS INCLUDING SC HAS DIRECTED TO PAY SUM OF [BASIC PAY+GRADE PAY+MSP], NOW HERE FM HAS TAKEN SMARTLY DATE AS 24 SEP 2012 [THE DAY RECTIFIED REPORT AS PER SC] WHERE AS HE SHOULD ACCEPT MISTAKE & PAY AS PER 6th CPC REPORT. WE ARE NOW RUNNING AGAIN IN COURTS FOR IT.
    4.BASIC INCOME TAX EXEMPTION TO SENIOR CITIZEN SHOULD BE UP TO 5 LACS: IN FY 2004-05 SR CITIZEN TAX BENEFIT OF RS 20000 AS COMPARED 2005-2006 OTHERS WERE RAISED TO 100000 SR TO 185000 SO ACTUAL RELIEF CAME TO 12000 INSTEAD OF 20000.THERE AFTER REDUCED FURTHER EVERY YEAR NOW DIFFERENCE IS ONLY 5000.THIS YEAR RELIEF INCREASED TO OTHERS BY 20000 AND ZERO TO SENIOR CITIZEN. COMPARISON TO 2004-2005 FOOD INFLATION HAS GONE 5 TIMES & MEDICAL TIMES. HENCE GOVERNMENT SHOULD PROVIDE TAX EXEMPTION UPTO 5 LACS 5.NFU STATUS : A.ALL IAS & IPS OFFICER RETIRE IN SUPER TIME SCALE, BUT IN ARMY COL[SELECTION]& BRIG RETIRE IN MUCH LOWER SCALE AND HAVE BEEN DENIED THEIR BASIC FUNDAMENTAL RIGHT OF EQUALITY[IN SPITE OF DIFFICULT WORKING CONDITION IN FAR REMOTE]
    B]COL [SELECTION GRADE] SHOULD BE ABOVE SUPER TIME SCALE, SO IS FOR BRIG, BUT IN REALITY IT IS NOT SO. THEY ARE BEING UNDER PAID & DEGRADED PAY & PENSION WITH CLASS IN OFFICER IN CIVIL C.TO ADD FURTHER TO IT A DIG WHO WAS ONE TIME JUNIOR TO Lt COL HAS BEEN MOVED TO BRIG PAY BAND AND COL HAS BECOME JUNIOR TO HIM.DIG RANK [TIME SCALE] IS ACHIEVED IN 14 YEARS, WHERE AS LT COL [TIME SCALE] 11 YEARS % COL [TIME SCALE]IS IN 26 YEARS. WHAT AN INJUSTICE TO COL &WHAT A JOKE WITH COL [TS] & GOD SAVE FATE OF COL [SELECTION] Colonel has been equated with Non-Functional Selection Grade (NFSG] WHERE AS HE SHOULD BE IN HAG SCALE & SC DIRECTED GOVT TO REVISE PAY/PENSION OF COL/BRIG BUT NI ACTION.D] A DANGEROUS SITUATION FOR ARMY.BULK OF ARMY OFFICER RETIRES IN COL & BELOW RANK. FOR JUST RS 777/ WHY SLOG FOR LIFE & RISK LIFE.
    E]A BIRTH TO COWARD ARMY WILL COME TO LIGHT IF THIS SITUATION PREVAIL]
    6.PENSION SHOULD BE 75 PERCENT OF BASIC PAY FOR ARMY; INDIAN ARMY IS ON DESIGN OF BRITISH ARMY. TILL 1955 ARMY PENSION WAS ON SAME LINE. BUT CIVIL BABU'S TOOK IT AWAY. IT SHOULD BE RESTORED AND BE PAID AS PAR WITH BRITISH COUNTER PART OR LIKE OTHER COUNTRIES. INDIAN OFFICER HAS TO FIGHT WAR; YOU CANNOT REPLACE INDIAN OFFICER WITH OFFICER FROM OTHER COUNTRIES. PREVIOUSLY PRINCELY /ELITE FAMILIES USED TO SEND PERSON TO FORCES, NOW CREAMY LAYER IS NOT COMING TO ARMY DUE TO POOR PAY PACKETS & DOWN GRADATION OF ARMY IN INTER-SE-SENIORITY. 7.SUBSEQUENT PAY COMMISSION FIXES PENSION AT MINMUM PENSION IN THE PAY BAND RATHER THAN THE CORRESPONDING PAY BAND/SCALE FROM WHICH THE RETIREE HAS RETIRED.
    THERE IS TREMENDOUS LOSS TO PENSIONER & LARGE CHUNK OF MONEY GOES TO THE GOVERNMENT. THE BASIC PRINCIPAL OF EQUALITY IS VIOLATED & PENSIONER IS DENIED HIS BASIC RIGHT OF FULL PENSION WHICH GOVERNMENT HAS SANCTIONED AT TIME OF RETIREMENT. IT IS AGAINST LAW OF LAND.IT HAS CASCADING EFFECT
    A] HENCE THE GRADE PAY IS GIVEN AT LOWER RATE,BECAUSE PENSION IS GIVEN AT A LOWER RATE.B]DR/DA IS REDUCED; Once basic pension is lowered, THE DA IS ALSO GIVEN LESS YEAR BY YEAR AS DA IS CORRESPONDING TO LOWER PENSION FIXED.

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  15. DEAR SIR
    1.OUR GENERALS HAVE RUINED ARMY FOR THEIR PERSONAL GAINS
    2. ARE U SHOCKED .I BELIEVE YES.
    SEE IN ARMY ONLY
    A] EX COAS JJ SINGH: WHEN CASE OF RANK PAY WAS RAKED .HE WAS THE ONE HE PUT HIS FOOT DOWN .SAYING RANK PAY HAS NOT BEEN CLAIMED, SO IT CANNOT BE GIVEN OR WORDS TO THAT EFFECT. SEE LEVEL OF FOOLING HIMSELF & HARMING ARMY TO GET PLUM POSTING OF GUV AFTER RETIREMENT. THE GENERAL MUST BE AWARE THAT PAY IS NEVER CLAIMED . HE HAS PUT EVERYONE IN SPIN FOR HIS PERSONAL RISE. I AM SURE HE TOO MUST HAVE GOT RANK PAY ARREARS BY NOW.A SHAMELESS ACT.
    B] EARLIER THERE WAS ONE IG POLICE IN COMBINED HARYANA+UT+PUNJAB. IN EX COAS MALHOTRA POLICE WENT ONE RANK UP. NEITHER HE UP GRADED ARMY NOR HE PUT HIS FOOT DOWN FOR POLICE. SO IN AID TO CIVIL POWER ARMY OFFICER WENT DOWN IN RANK STRUCTURE.NOW SEE AMOUNT OF DGP+IGP FLOATING IN THESE PLACES
    C] IN 6th CPC GOVT WAS GIVING NFU STATUS TO US.NAVY & AIR FORCE WERE WILLING BUT ARMY DENIED. TO DATE A TIME SCALE IAS/IPS OFFICER GETS PENSION OF Lt Gen. MOREOVER THERE IS COMMAND & CONTROL PROBLEM NOW A CWE IS SENIOR TO MAJ GEN
    D]OUR ACR SYSTEM ALLOWS WRONG ONE TO COME UP. PEN PICTURE HAS NO MEANING WHICH 95% OFFICER MAY NOT KNOW. IT IS NUMERIC RATING WHICH MATTERS . AN EXCELLENT COMMAND WORD IN PEN PICTURE WILL NOT MAKE UP IF AT ONE ODD PLACE 7 REMARKS ARE GIVEN IN QUALITY . ALTHOUGH 7/8 ARE NOT PROPERLY DEMARCATED [ 7 OR 8 HAVE EQUALITY TO FOOL THE RECEIVER]
    E] CORRUPT & GOOD CHAMACHA'S MAKE UP
    F]THERE ARE 2 PAY BANDS FOR OFFICER'S PAY.THERE ARE 2 BAND FOR ACCN .BUT FOR COMFORTS LIKE CANTEEN * OTHERS THERE ARE SO MANY BANDS.
    I] HONY Lt TO COL. CO HAS BEEN CLUBBED WITH HIS JCO'S . WHERE IS STATUS LEVEL FOR BULK OF OFFICER
    II] BRIG ANOTHER BAND
    III]MAJ GEN ANOTHER BAND
    IV] Lt GEN ANOTHER BAND
    V] COAS ANOTHER BAND UNLIMITED LIQOUR. HEIGHT OF GREEDINESS.
    DO NOT YOU SEE A MOCKERY OF SYSTEM WITHIN US. HAVE ONLY TWO BANDS. RED TAPE BELOW & RED TAPE. MORE INTERSETED FOR DATE OF BIRTH ISSUE EX COAS
    G] ALWAYS START CORRECTION FROM HOME ONLY THEN UNITED ACTION AS U DESIRE CAN START.FIRST CLEAN ON MESS
    H] 50% MERGER DA AS ON 1/1/2006. NONE OF CHIEF HAS PUT DOWN FOOT. WHEN SERVING GOT ALL ALLOWNCES ENHANCED WHY NOT MERGER OF DA WAS TAKEN WHICH IS MOTHER OF ALL ALLOWANCES
    K]DUE TO BABUS WRONG ACTIONS OUR PAY/PENSION IS WRONGLY BEEN GIVEN. 13 COURTS INCL SC HAS GIVEN RULING TO PAY SUM OF[ BASIC+GRADE PAY+MSP] WEF FROM 1/1/2006. BUT IT IS LIKELY TO BE PAID FROM WEF 24/9/2012. NO ONE HAS PUT FOOT DOWN & AGAIN WE ARE BACK IN COURT NOW
    2. CHANGE IS IN NOT FAR WAY . DEMOCRACY HAS TO GO AS IT IS ALMOST FAILED & CORRUPTION IS ON ON IT'S PEAK. ARISTOTLE THEORY OF GOVT CHANGE WILL TAKE INTO EFFECT

    ReplyDelete
  16. DEAR SIR
    1.OUR GENERALS HAVE RUINED ARMY FOR THEIR PERSONAL GAINS
    2. ARE U SHOCKED .I BELIEVE YES.
    SEE IN ARMY ONLY
    A] EX COAS JJ SINGH: WHEN CASE OF RANK PAY WAS RAKED .HE WAS THE ONE HE PUT HIS FOOT DOWN .SAYING RANK PAY HAS NOT BEEN CLAIMED, SO IT CANNOT BE GIVEN OR WORDS TO THAT EFFECT. SEE LEVEL OF FOOLING HIMSELF & HARMING ARMY TO GET PLUM POSTING OF GUV AFTER RETIREMENT. THE GENERAL MUST BE AWARE THAT PAY IS NEVER CLAIMED . HE HAS PUT EVERYONE IN SPIN FOR HIS PERSONAL RISE. I AM SURE HE TOO MUST HAVE GOT RANK PAY ARREARS BY NOW.A SHAMELESS ACT.
    B] EARLIER THERE WAS ONE IG POLICE IN COMBINED HARYANA+UT+PUNJAB. IN EX COAS MALHOTRA POLICE WENT ONE RANK UP. NEITHER HE UP GRADED ARMY NOR HE PUT HIS FOOT DOWN FOR POLICE. SO IN AID TO CIVIL POWER ARMY OFFICER WENT DOWN IN RANK STRUCTURE.NOW SEE AMOUNT OF DGP+IGP FLOATING IN THESE PLACES
    C] IN 6th CPC GOVT WAS GIVING NFU STATUS TO US.NAVY & AIR FORCE WERE WILLING BUT ARMY DENIED. TO DATE A TIME SCALE IAS/IPS OFFICER GETS PENSION OF Lt Gen. MOREOVER THERE IS COMMAND & CONTROL PROBLEM NOW A CWE IS SENIOR TO MAJ GEN
    D]OUR ACR SYSTEM ALLOWS WRONG ONE TO COME UP. PEN PICTURE HAS NO MEANING WHICH 95% OFFICER MAY NOT KNOW. IT IS NUMERIC RATING WHICH MATTERS . AN EXCELLENT COMMAND WORD IN PEN PICTURE WILL NOT MAKE UP IF AT ONE ODD PLACE 7 REMARKS ARE GIVEN IN QUALITY . ALTHOUGH 7/8 ARE NOT PROPERLY DEMARCATED [ 7 OR 8 HAVE EQUALITY TO FOOL THE RECEIVER]
    E] CORRUPT & GOOD CHAMACHA'S MAKE UP
    F]THERE ARE 2 PAY BANDS FOR OFFICER'S PAY.THERE ARE 2 BAND FOR ACCN .BUT FOR COMFORTS LIKE CANTEEN * OTHERS THERE ARE SO MANY BANDS.
    I] HONY Lt TO COL. CO HAS BEEN CLUBBED WITH HIS JCO'S . WHERE IS STATUS LEVEL FOR BULK OF OFFICER
    II] BRIG ANOTHER BAND
    III]MAJ GEN ANOTHER BAND
    IV] Lt GEN ANOTHER BAND
    V] COAS ANOTHER BAND UNLIMITED LIQOUR. HEIGHT OF GREEDINESS.
    DO NOT YOU SEE A MOCKERY OF SYSTEM WITHIN US. HAVE ONLY TWO BANDS. RED TAPE BELOW & RED TAPE. MORE INTERSETED FOR DATE OF BIRTH ISSUE EX COAS
    G] ALWAYS START CORRECTION FROM HOME ONLY THEN UNITED ACTION AS U DESIRE CAN START.FIRST CLEAN ON MESS
    H] 50% MERGER DA AS ON 1/1/2006. NONE OF CHIEF HAS PUT DOWN FOOT. WHEN SERVING GOT ALL ALLOWNCES ENHANCED WHY NOT MERGER OF DA WAS TAKEN WHICH IS MOTHER OF ALL ALLOWANCES
    K]DUE TO BABUS WRONG ACTIONS OUR PAY/PENSION IS WRONGLY BEEN GIVEN. 13 COURTS INCL SC HAS GIVEN RULING TO PAY SUM OF[ BASIC+GRADE PAY+MSP] WEF FROM 1/1/2006. BUT IT IS LIKELY TO BE PAID FROM WEF 24/9/2012. NO ONE HAS PUT FOOT DOWN & AGAIN WE ARE BACK IN COURT NOW
    2. CHANGE IS IN NOT FAR WAY . DEMOCRACY HAS TO GO AS IT IS ALMOST FAILED & CORRUPTION IS ON ON IT'S PEAK. ARISTOTLE THEORY OF GOVT CHANGE WILL TAKE INTO EFFECT

    ReplyDelete