A Mark of Honour
It was 1987. General K. Sundarji was
in Pune, briefing senior Southern Command officers on the Fourth Pay
Commission, when a lowly captain asked an uncomfortable question. He wanted to
know why his basic had actually gone down, after the rank pay was introduced.
There was a buzz in the room. The chief told the captain to meet him
separately, he would explain the issue. “I didn't seek private audience later.
I was too junior,” chuckles Major A.K. Dhanapalan (retd). “I actually had no
business rubbing shoulders with senior officers that day, except that I was
operating the computer for the conference. But I hadn't got it wrong. I was
right, bang on.” The Engineers officer chanced upon the anomaly when he was
asked to work on preparing the pay fixation of defence civilian setups, like
Military Engineering Service, on the Fourth Pay Commission template. “That
year, the commission introduced a rank pay for defence officers between the
ranks of captain to brigadier, which was Rs. 200 at captain rank. But what it
actually did was deduct the same amount from the basic pay and give it as rank
pay. Since all emoluments are linked to basic, not only was there no net gain,
we were actually losing out,” Dhanapalan explains. He redid his calculations
several times till he was convinced the government had tricked the defence
officers. “I wanted to take the matter to court, but I was in Pune and the High
Court in Mumbai. Then, I got posted to Udhampur, and the High Court was in
Jammu. Next, I was transferred to Port Blair....” Dhanapalan finally got his
opportunity on being posted to Kochi in 1995. His office was close to the
Kerala High Court; it was time to make that move. His colleagues were shocked
at his daring. His advocate, too, was not convinced. The court, however,
understood and ruled that the Union of India should pay the rank pay arrears
and an interest of 6 per cent. The matter went on appeal and a division bench
of the court upheld the judgment. The government took the matter to the Supreme
Court but had to eat humble pie when, in 2006, the court rejected its plea. He
did not stop there. The arrears, while welcome, were not his goal. His aim
was to alert defence personnel not to be lulled into complacency by the “you
are being looked after” attitude of the establishment. So he
photocopied the verdict and posted them to officers and clubs he had addresses
of. “That itself cost me a bomb,” he recalls. One such letter reached Colonel
B.K. Sharma. Sharma was the first officer to do motorcycle daredevilry in the
Republic Day parade in 1978. Post-retirement, he realised it was daredevilry
time again, this time to take on the government for which he had once fought.
He circulated copies of the judgment in canteens and clubs. Knowing there was
strength in numbers, some retired officers got together and registered Retired
Defence Officers' Association (RDOA) and filed a writ petition in the Supreme
Court in 2007. Meanwhile, across India, officers were litigating for the same
demand, and all the cases were finally clubbed together before a division bench
of Justices Markandey Katju and R.M. Lodha.
“We had not bargained for the level
of resistance from the government. Instead of conceding gracefully, they tried
repeatedly to stonewall us,” says Sharma. When in 2010, the bench ruled that it
agreed with the reasoning of the Kerala High Court that rank pay be paid
retrospectively, with 6 per cent interest, the government filed a transfer
petition before a bench of three judges. The three service chiefs recommended
to the solicitor general to withdraw the litigation and honour the judgment.
The defence ministry, however, pressured the chiefs to withdraw their written
communique. In a rare show of defiance, the chiefs stood their ground. The RDOA
had to file an RTI to confirm the service chiefs' stance on the matter. “They
used every tactic, from pleading inability to meet the financial burden to the
solicitor general not appearing in court, due to which proceedings would get postponed,”
recalls Sharma. “This summer, when the court fixed the last hearing day on
September 4, we actually wrote to the law ministry that so many officers had
already died in the last 26 years. Delaying justice was not fair, so either
they withdraw the special leave petition or ensure the solicitor general be
present in court on September 4.” The final hearing was a marathon session. The
government made a last ditch plea that interest be paid only to litigants. The
court refused. However, it reduced the date of calculation of interest from
1986 to 2006 at 6 per cent, ordering that it be paid within 12 weeks. “This is
a big victory,” says RDOA advocate Aishwarya Bhati. “It gives a shot in the arm
to all other cases that the defence personnel have been fighting.” According to
RDOA, over 45,000 officers, retired and serving, will benefit, and it will also
impact pensions and widow pensions. The amounts, Sharma calculates, will range
from around 06 to 01 lakh, depending on length of service and rank held. The government
claims it is a burden of 01,600 crore. “It isn't about money. We fought on
principle and we have won our prestige,” says Sharma, but admits being flooded
with congratulatory calls, all of them with the suffix, “Mujhe kitna milega?
(How much will I get?)” How did only Dhanapalan get wise to the anomaly?
“Faujis are great at protocol, discipline and a hundred other virtues. Studying
pay slips isn't among those, unfortunately. They usually don't question what
goes to the bank, or do the sums themselves,” says Dhanapalan.
There are many other issues with
defence pay and entitlements, but defence personnel say the government is
changing tactics. Instead of risking its decisions being challenged in court,
it now procrastinates. The Sixth Pay Commission anomalies are an example. Last
heard, a four-member committee headed by the cabinet secretary was appointed to
look into the issue. Then Navy chief Nirmal Verma had expressed anguish at no
defence representative being on the committee. Meanwhile, the man who ignited
the spark sits back with a smile. “The government paid arrears only till 1996.
I decided not to contest it, as by then, RDOA took up the fight.” There are
fears the government might give arrears only till 1996 to others, too. “My
mission is accomplished. No longer will faujis take at face value what is given
to them. They have learnt to read between lines, ask, and fight for their
dues,” says Dhanapalan, getting ready to go to the temple.
Maj AK Dhanapalan's Message to Military Veterans
Dear Veterans,
In the resent past a few issues have
come up in the blog concerning the Armed Forces Personnel and the Veterans. A
few of them are:-
1. Non
Functional Up gradation (NFU) to officers.
2.
Amending the Pension Regulations of the Armed Forces.
3.
Non-Implementation of Judgments of AFTs which is around 2000.
4.
Payment of 100% pension to the Veterans up to the age of 60 years (age for
superannuation for central Govt employees) and payment of OROP thereafter.
5.
Separate Ministry or a Defense Board (like that of Railway) for Armed Forces
Personnel.
6. Cadre
Review (being done at every 5 years in other Departments)
7. Date
of Birth (DOB) issue of Army Chief himself.
8.
Difference of pension between two immediate Ranks is more than Rs.11,000/-PM
9. With
drawl of existing Rank Pay by 6th CPC (replacing with grade pay to
give additional emoluments to civilian employees and also to create an equation
between civ and Mily.)
10.
Majors with more than 15 years of service equated with cadets and Hony Lt.
(PB-3).
11. A
meaningful resettlement of Armed Forces Veterans.
12.
Dignity (Izzath) of the personnel in uniform/Protocol/precedence, V/s
civilians.
The above are some of the major
issues that are occupying internet mails and blogs nowadays. The blame
is often put on the babus of MOD & the Politicians. But one must
think honestly ! Are they fully responsible for these omissions? What is role
of the Service HQs? Can we give a clean chit to service HQs on these
issues? Aren't they responsible for
creating such a mess? Take the example of Judgments passed
by the AFTs. It is understood nearly 2000 judgments are pending for
implementation. The Service HQs are the Nodal agency for their implementation.
So the service HQs are answerable for the non-implementation. Can we blame the
MOD for this? If there is a problem, the service HQs should come out publically
or inform the Ex-servicemen associations or at least inform the individual
about the factual position rather than some “goal..Mall…English”, so that he
can take further action. If some decision is needed from the Ministry, the
service HQs should put up the note and get the same in a time frame. The
service HQs should also give the present position of all judgments immediately
in the web site for the info of all. Similarly, Is it not the
responsibility of the Service HQs to get themselves involved in drafting the
Pension Rules of men under their command? Is it possible now? When a dept called
“Ex-servicemen Welfare” was created during 2004 outside the Service HQs, no one
has raised their voice. Even no one commented on the
instructions issued by that dept regarding welfare, re-employment and
rehabilitation of Ex-servicemen which can only be termed as an Essay on
Ex-servicemen - no seriousness about the welfare-every org even the companies
have the welfare schemes linked to their Provident Funds, whereas we depend on
the mercy of someone which is also now restricted to only war widows and
disabled which is the full responsibility of the Govt of India being the
employer, re-employments are left to the States which only remained in paper,
without any mechanism to check. How many vacancies in a year- now body knows,
whether it commensurate with the number of retires in a year and the rehabilitation
left to none- to the fate. There is yet another org called (Directorate
General) Re-settlement, to put the jawans of the great Army on “Chowkidar”
duties in front offices, hotels, houses for a monthly take-home pay ranging
from a paltry sum of Rs 1500 to a max of 5000/- without
any other benefits and taking commission out of it. (the benefit of pension of
such person goes to the employers, if otherwise they have to pay salary like
any other employee with other benefits like leave, pension, Provident Funds,
ESI facilities etc. Take the case of the biggest employers-BSNL, Air Ports,
Customs etc and see the difference between their regular employees and the
“Chowkidars” under the re-settlement scheme. What a pity that no one has
raised any voice on this policy issued by the newly created “Department of
Ex-servicemen Welfare”.
The service HQs felt very happy that
this burden has gone away from them. So how can you blame that Dept now, for
making a Pension Reg or any Regulation as they feel like? At least C’nt it be
challenged in the Court of Law? Why is it not being done by the Army Chief who
has filed a case for his own benefit, Is it the HONOR OF THE ARMY lies on the
honor of the Army Chief or on the Soldiers of the Army? Where is pride of the
Army Chief when lot many ex-servicemen are in the street with begging bowel after
giving their youth to the Army? Is it not a matter of Right for them to have a
Meaningful resettlement? Or the Right is only for the Army Chief to have his
DOB corrected? What I am trying share with you all is that we are Not
serious about what is happening to the Armed Forces Personnel as a whole, we
are only self centered on petty issues. If it is a mistake on our part accept
it instead putting the blame on someone else. Now, what is the further course
of action to come out of this self created problems? Can these be solved by
creating Mails or blogs?? It can only create awareness amongst the veterans but
most of our problems were not ever made available to Medias for a public
opinion. My humble suggestions are:-
- 1. Service HQs have to do some home work very seriously. The above points have come to light only when some of the Veterans have taken some trouble to study these cases and put in the mail, but the service HQs are silent or they have no such points at all.
- 2. Like any other department ,the Service HQs should take full responsibility to look after their Veterans, Widows, officers , JCOs and NCOs and their families who gave their blood and sweat to build Indian Army to the present shape from the scratches of Chinese aggression in 1962 and those who laid their lives . There is no point in blaming the Officers in MOD, for our in efficiency for that matter. It is for the Service HQs, how they Work out the strategy to accomplish this task. This is more important as there is no trade Union functioning in the org for collective bargaining of their service benefit which is available to all employees including the Central Govt.
- 3. Art 312 of the Constitution of India giving powers to Make Rules for Service benefit to Defense Services must be evoked by putting pressure on the Govt, the PM and the Supreme Commander. This has to be done by the Service HQs only because we are worst sufferers of all other Central Services. If a pay or a service condition is to be changed /modified in respect of any Central Service, this has to be duly notified in the Gazette of India with the approval of the Govt/Parliament whereas it could be seen in the past that only an Army Instruction can meet the requirement in respect of the Armed Forces Personnel including the Service Chiefs. This has no backing of the Law of the Land. In the early years after the Independence, the matters concerning Armed Forces Personnel were dealt separately at the level of PM or RM but later it has been brought under the purview of the pay commission- only erode the dignity and reduce them to the status of mere employee. Well, then the Army Act also needs to be amended to include the liberty for collective bargaining for their service benefits which has not been done so far, the Service HQs should pursue this.
- 4. The Service HQs should create a high powered committee who will take up the matters concerning the personnel matters of Armed Forces Personnel with the RM, PM, The Supreme Commander. They should take feed -back and suggestions/complains from all corners including the jawans direct. They should also interact regularly with other departments, companies, consultants, Ex-servicemen Associations, Veterans etc. and update themselves with the latest, for which a proper office with well experienced Officers and Staff from both veterans and outsiders is set up for function on regular basis. It is not so difficult to set right the bureaucracy if the Service HQs have a will to firmly handle the Organizational interest, the interest of the Armed Forces Personnel and no compromise to be made at any point of time at any level. This should be made clear to all up to the Pl commanders.
- 5. A MEANINGFUL re-settlement of all veterans should be the full responsibility of the Govt and the Service HQ should ensure this (A suggestion in this direction is enclosed )
- 6. All are requested to offer their valuable comments and they may also take up the matter with the service HQs individually or collectively.
- 7. May I request you to kindly forward this to at least 10 (Ten) veterans with your comments.
With Regards,
Maj AK Dhanapalan
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