SCPC: Will Maj Gens see light at the end of the bureaucratic tunnel?

Copy of letter to Mr AK Anthony Honble Minister for Defence, from President Naval Foundation Delhi Chapter dated 11 Mar 2009

1. You may be aware that the Maj Generals and equivalents had agitated their case before the Punjab High Court and then before the Supreme Court in their quest to get Pension parity with those brethren who retired after 1 Jan 1996 i.e. consequent to the 5th PC. The Supreme Court had given a very favorable judgment on 8 Sep 2008 and the GOI had gone in appeal and the same was again rejected by the same court a few days ago.
2. The SC had concluded that “The larger issue involved is whether there could be a disparity in payment of pension to officers of the same rank who had retired prior to the introduction of the revised pay scales, with those who retired there after”. It also noted that “16. The case of the respondents however, was that in view of the Constitution Bench decision of this court in the DS Nakara and others vs the UOI (1983) 1 SCC 305 the fixation of a cut off date as a result of which equals were treated as unequals, was wholly arbitrary and had been rightfully interfered with by the High Court. One of the questions posed in the aforesaid decision was whether a class of pensioners could be divided for the purpose of entitlement and payment of pension into those who retired by a certain date and those who retired there after. The question was answered by the Constitution Bench holding that such divisions being both arbitrary and unprincipled the classification did not stand the test of Article 14 of the Constitution.”
3. The Supreme Court has directed as follows :-
(a) 25. In our view, it would be arbitrary to allow such a situation to continue since the same also offends the provisions of Article 14 of the Constitution.
(b) 29. The directions ultimately given by the Constitution Bench in the said case in order to resolve the dispute which had arisen, is of relevance to resolve the dispute in this case also.
(c) 31. We, accordingly, dismiss the appeal and modify the order of the High Court by directing 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 1.1.1996, and, thereafter, to compute their pensionary benefits on such basis with prospective effect from the date of filing of the writ petition and to pay them the difference within three months from date with interest at 10% per annum. The respondents will not be entitled to payment on account of increased pension from prior to the date of filing of the writ petition.
4. Though, over six months have elapsed since the judgment was pronounced, the MOD have yet to issue the relevant orders and effect payment to the concerned officers and in fact MOD are in contempt of the Supreme Court. This is a sad reflection on the standing and welfare of the ex-Servicemen with the MOD/GOI, that we are being denied our rightful dues and that too when they have been legally scrutinized and sanctioned. This has serious implications, for if the MOD/GOI, preaching and expecting us to follow the rule of law, do not go by the rule of law, who will, and that is a bad example to the men in uniform who are the one important set of people in this country who respect and follow the law.
5. Needless to say that there has been a constant undermining of the morale, of the serving and the retired community, as they feel ignored and slighted because they do not have the political clout and even those in uniform, who are tomorrows Veterans, are seething at the step motherly treatment by the MOD. The current agitation by Veterans with full support of their peers in uniform, neither brings credit to the Veterans nor to GOI, and does not bode well for the country’s future. Not one of the anomalies that the Hon’ble Raksha Mantri personally, and the Group of Ministers, had promised to settle by Diwali has yet seen the light of day and that speaks for itself.
6. The Veteran’s community solicits the Hon’ble Raksha Mantri’s personal help and support, to issue the necessary orders without any further delay. It may be mentioned that these Orders, consequent to a judicial decision, will not be covered under the Model code of conduct imposed for the forthcoming elections.

Dear Friends,
The issues raised by the President Naval Foundation had appeared earlier. Now in spite of the SC ruling in favour of the Maj Gen rank pay/ pension parity pre and post vth PC and virtually granting OROP, the GOI is just keeping silent on implementation of the ruling. Is this our fate accomplice? What other method is left for the veterans. The three Chiefs are also silent. What then is the way out of this impasse? Can you all imagine? Are we also heading towards civil/ military chaos as it has happened in some other countries. I am personally afraid that more and more awareness among the veterans, of injustice done to them and if not addressed by the powers-to-be, will ultimately lead to uncontrollable situation which may not be good for health of the democracy. We have to watch out.
I Jairath
Gp Capt (Retd)

Say sorry if you want the marriage to last!
The ever growing chasm between the duo of bureaucrats and politicians and the services due to the formers acts of omission and commission in progressively downgrading the status of the services bodes ill for all including the Nation and the Country and need urgent action towards reconciliation before the chasm becomes a rift.
The start point could be an apology from the duo- to quote from the times essay-
“They’re are so sorry” by Nancy Gibbs – ‘ An apology is that rare instrument that restores strength through an act of surrender. This is not a matter of etiquette. It is a matter of survival”
Perhaps a message too subtle to penetrate the proverbial thick skin.
Brig Lakshman Singh VSM (Retd)

Predictable Outcome: The Law has caught up with the Bureaucrats who want to cheat the Soldiers. What can you expect from Corrupt Bureaucrats except to find new methods to deny the benefits to the simple soldiers who are paid peanuts? The SC ruling will be circumvented dubiously by scheming Expenditure Secretary in connivance with MOD!