Merit Scholarships for Children of ESM

Dear Sir,
We have got some donors for the Annual Scholarship to be awarded by our Association during the 8th Anniversary celebrations within 2 months. All these donors are members of our IESM. Please appreciate them for their kind gesture through your blog so that more and more ESM are encouraged to take up similar welfare activities.
With kind regards,
C Muthukrishnan
Blog: indianexserviceman.blogspot.com

ANNUAL SCHOLARSHIPS AWARD BY TIRUNELVELI DISTRICT EX-SERVICEMEN WELFARE ASSOCIATION
A number of philanthropists come forward year after year to help the children of the members of this Assocition. The following eminent individual ex-servicemen contribute every year to encourage the poor in their education. Accordingly, the following individual members have kindly agreed to donate a sum as mentioned against their names to help the deserving wards of the ex-servicemen of this Association.
1. Col S Victor, Officer, ECHS Polyclinic, Tirunelveli. Rs 1,000/-
2. Lt Col Paliath Shyam Prasad (Retd), Manager, ESM Canteen. Rs 2,000/-
3. Hon Sub Maj T Muthukrishnan Asst Manager, ESM Canteen (Retd). Rs 1,000/-
4. Hon Lt Krishnamoorthy, (Chennai), EXWEL Trust. Rs 1,000/-
5. Sgt R Chellappa, (Retd) Managing Trustee EXWEL Trust. Rs 1,000/-

The Scholarships awards will be distributed on the basis of the highest total marks obtained in the SSLC and High School examanitaion, in the year 2009. The readers of the blog are welcome to help the poor children for their education.

IESM: पूर्व सैनिक रोजगार मुद्दे

हमारी सरकार सशस्त्र सेनाओं के कर्मियों हमारे राष्ट्र की सुरक्षा के संरक्षण के लिए बहुत त्याग करने के लिए पूछता है. वे आदमी शत्रुतापूर्ण चीन और पाकिस्तान सीमा और जम्मू व कश्मीर तथा पूर्वोत्तर में दैनिक लड़ाई विद्रोहियों. वे उनके परिवारों को छोड़ने के लिए कहा गया है और उनके जीवन को खतरा है, और उनमें से कई की है या अंतिम बलिदान कर रही है. वे राष्ट्रीय सुरक्षा और राष्ट्र पहले डाला है उन्हें आभार का एक विशाल ऋण देने हैं. जब ये नायक की वापसी घर, हम तरह शब्दों या प्रार्थना से अधिक उन्हें देना है. हम जो कुछ भी हम उन्हें वापस नागरिक जीवन के संक्रमण बनाने में मदद करने के लिए कर सकते हैं करना चाहिए.

इस कार्मिक अधिकारी रैंक (PBORs) नीचे जल्दी से उनके परिवार का समर्थन करने के लिए एक दूसरे कैरियर प्राप्त करने की आवश्यकता है. हमारा कानून तेजी से परिवर्तन के लिए न तो प्रावधान है या क्योंकि वे ड्यूटी के फोन का जवाब है कि वे काम पर बाहर खोना नहीं है हमारे देश की पूर्व सैनिकों (ESM) इतना करने के लिए एक नौकरी प्रदान करते हैं.

हालांकि, हम अफसर के बारे में 60,000 (PBORs) कार्मिक नीचे कि जो सालाना सशस्त्र बलों से 20 साल के लिए की सेवा के बाद जारी की हैं रैंक, कठोर वास्तविकता यह है कि राष्ट्र की सेवा उन्हें वे लायक वेतन लागत है के साथ सामना कर रहे हैं देखते हैं, अपने स्वास्थ्य की देखभाल, उनके पेंशन और अन्य लाभों.

इससे भी अधिक है, PBORs जो भयानक सपना की तरह जिला सैनिक बोर्डों से मदद लेने को परेशान-एक प्रणाली है कि भ्रष्ट है और जब उन्हें इसकी जरूरत उन्हें सेवा करने के लिए असफल सबसे. वे नौकरशाही की एक उलझन बातचीत करना है. उन्होंने संबंधित राज्य सरकारों की विभिन्न एजेंसियों के बीच घुमाया जाता है केवल खोजने के लिए जाने के बाद सभी के चारों ओर रन नौकरशाही है कि वे अभी भी एक रिश्वत का भुगतान करने के लिए या अदालत में उनका मामला दर्ज करने के लिए एक वकील हो सकता है.

हमारा कानून है कि सरकार, लेकिन ESM अधिकारों बचाव की आवश्यकता होती है जो महीने इंतजार करना होगा मदद भी साल, सिर्फ सरकार की कई एजेंसियों में से एक साधारण जवाब प्राप्त करना चाहते हैं!
Lt Col जेम्स Kanagaraj (सेवानिवृत्त)

IESM: Ex- Servicemen Employment Issues

Our Government asks the Armed Forces personnel to make immense sacrifices for preserving the security of our nation. They man the hostile China and Pakistan Borders and daily fight insurgents in J&K and NE. They have been asked to leave their families and risk their lives, and many of them have made or making the ultimate sacrifice. They have put National Security first and the nation owes them an immense debt of gratitude. When these hero's return home, we owe them more than kind words or prayers. We must do whatever we can to help them make the transition back to civil life.

The Personnel below Officer rank (PBORs) need to quickly get a second career to support their families. Our laws have neither provision for speedy transition or to reemploy our nation's Ex Servicemen (ESM) so that they do not lose out at work because they answered the call of duty.

However, we see that about 60,000 PBORs who are released annually from the Armed Forces (after an average of 20 year stint) are faced with the harsh reality that the service to the Nation has cost them the salary they deserve, their health care, their pension and other benefits.

Even more disturbing, the PBORs who seek help from Zilla Sainik Boards- like nightmare- a system that is crumbling and failing to serve them when they need it most. They have to negotiate a maze of bureaucracy. They are shuffled among multiple agencies of the respective State Governments- only to find after all the bureaucratic run around that they still may have to pay a bribe or hire a lawyer to file their case in court.

Our laws require that Government defends the ESM rights, but those who seek help must wait months, even years, just to get a simple answer from multiple agencies of the Government!
Lt Col James Kanagaraj (Retd)

IESM: Chairman's Desk

Fri, May 22, 2009 at 10:25 PM
Dear Colleagues,
Efforts are continuing to contact different Members of Parliament to apprise them of OROP and convince them of its justness. Those won over could then form a group to lobby our cause. The Core Gp is scheduled to meet 29 May to plan future course of action.
Best regards,
Lt Gen (Emeritus) Raj Kadyan, PVSM, AVSM, VSM
Chairman IESM

Vegetarian Milieu with General Thimayya

The Rover is a commander’s wireless link to the world when he is moving. I had the opportunity to be the rover detachment commander, for the Chief of the Army Staff, Gen Thimayya, holidaying at Manali in October 1957. It was the high point of my service life as junior officer-a Lieutenant with just two years of service.

Although I was independent administratively, I was fortunate to be invited, rather ordered to sit on the table with the General, his gracious wife and vivacious daughter, also present were his Military Assistant and the ADC.

I had the privilege to see his many faceted personality at close quarters. His compassion for a junior officer, the pretended hen- pecked husband the obviously doting father, enjoying being the butt of jokes from the two of them. The same person changing to the steel man of a Chief of the Army Staff, the moment we arrived back at Pathankot, where he was to address the Garrison troops. The aura of the personality, so visible that I felt the impact even from afar. Seeing him now, from such a distance I felt lost, having been so to say, part of the family for a fortnight.

How I got inducted in the family deserves telling. On way to Manali the General’s caravan stopped for tea. Each one of us selects a boulder on the banks of the fast flowing Beas to seat ourselves. Naturally I had selected the one farthest from the General’s group. Possibly that was the reason he noticed me, the only officer present who was not part of his group. Beckoned, as I approached him, he shot a question at me ‘ was I in contact with SPUTNIK’, the Russian Satellite launched a few days earlier and its beeping, as it orbited round the earth, the talk of the town. I blurted out the first thing that came to my mind ‘Sir, you provide me with the frequency and I will make contact’. Mrs. Thimayya kindly offered me a couple of sandwiches, with what I thought was Tomato fillings. A few bites later being a vegetarian, I realised that it tasted different. though I was not aware as to how Ham tasted I did released that it tasted different, totally confused with the turn of events I just did not know what to do and the best course appeared to somehow gulp them down. The Generals wife, being a perceptive lady, had sensed my predicament and throughout our stay at Manali she ensured that there was a vegetarian dish on the table. On the return journey, we once again stopped on the banks of River Beas this time for lunch.. Now it was Mrs. Thimayya’s turn to feel embarrassed; the packed lunch consisted of Roast Chicken and Potatoes. However, by now I had been fully domesticated and was quite happy to pick the Roast Potatoes gingerly from the Chicken and somehow push them down, one at a time, at the same time managing not to show my dilemma. This was the least I could do for all the consideration shown to me all these days.

This was my last and only willing encounter with non-vegetarian food. Some how, I have managed to remain a vegetarian during 30 years in the Army, even at times when I was with-out food for days together especially during the Sino -Indian conflict in 1962. Possibly there was no General’s wife to offer me the Khichari prepared by my Jawans to which they had added a bird from a near-by bush.

Brigadier Lakshman Singh VSM (Retd)

OROP: Coordination is of paramount importance

Dear All,
As you know, I am not a member of the IESM, but since I am concerned with veteran issues, I am appending my take on the post-election controversy, which has ruled the e-mail circuit since the election results were announced. Now that tempers seem to have cooled down amongst the veterans, the need is for some introspection by all the organizations, big and small, which are looking after the interests of the veterans. This includes the Core Group of the IESM.

One has seen in the past that everyone wants to take credit for anything achieved and this was quite discernible in the various e-mails that were on the web from time to time. These also contributed to discord at times. The fact of the matter is that it is the contribution of every organization and some individuals too which resulted in the veterans getting some issues resolved. When one organization wants to take credit, it creates bad blood unnecessarily and hence should be avoided.

When something adverse happens, all organizations initially react in a manner which can best be described as ‘digging ones heels’, rationalization and trying to justify one’s actions. This phase is in reality counter-productive. Instead, what the members want is reassurances that the decision makers do realize that they got carried away by promises made and the presence of more or less committed persons who pushed the agenda of their favourite party and that they would be more pragmatic and less impulsive in future. Humility and not brashness is needed at this stage, if veteran organizations want to win back and retain their flocks and even get fresh aspirants. This is applicable to all veteran organizations and not just the IESM. After all, they all supported one or the other political parties, for their own reasons. This is also the time to think rationally, with the head and not the heart, of how to make the best of a bad bargain and re-think on the future course of action. The following points come to my mind, but I am sure more knowledgeable persons would be able to refine and redefine them:

Should the agitational approach continue or should there be a pause, if not an abandonment of this approach altogether?

Is the organization ready to make ‘peace’ (I am not sure whether that is the correct word) with other veteran organizations and chalk out a coordinated, if not joint programme which can help the veterans collectively? It automatically means all concerned to give way partly (of both their egos and programmes) for the common good.

It is quite obvious that one of the earlier actions to be taken is to co-opt more than just the Core Group in the deliberations, as the Group can never be as objective as desirable. If a General Body Meeting can be organized, it may be a good option, but unless a few generally acceptable options are first decided and circulated, such a meeting may well be counter-productive, with a large number just articulating emotions! There may also be a logistics problem. There are two options to overcome the problem, as under:

Firstly, a brain-storming session should be held by say about 50 selected members, who should debate all issues dispassionately and come up with a working plan for further implementation.

Secondly, if Option I is not feasible, then another possible solution is to nominate a small cell which can tour major locations in each state to discuss and find out views of a large cross-section of members and even others if feasible.

Irrespective of the option adopted, the outcome should then be disseminated and members be asked to vote on the issues recommended, thus obviating members from outstations being called for a General Body Meeting.

My view is that time is NOT at a premium. The newly established cabinet and government will need time to settle down to their jobs and deal with more weighty issues. For them, the issue of OROP or other issues agitating the veterans are, I feel, of lesser importance. In the interim, issues considered important by the veterans should be listed out and sent to them so that they are flagged till the concerned veteran organization is ready to commence a more comprehensive dialogue.

The above suggestions are not only for the IESM, but all veteran organizations. Simultaneously, efforts should be re-initiated, separately, to reach understandings amongst all veteran organizations, as all are undoubtedly working for the benefit of the veteran community, in their own way. It may be Utopian, at least at this stage, to think that the different organizations will merge and become one entity. However, coordination and cooperation are eminently feasible. What is needed is appreciation of others viewpoints and an accommodative approach.

I have deliberately refrained from commenting on the following issues, as they are highly sensitive and can be read wrongly, when one is trying to mend matters and reach a consensus:

The agitational or the lobbying approach.

Rationalization of the bigger question whether veterans and active service personnel should go their separate ways or adopt the theory of the umbilical chord, stressed by many, including me.

The major question of being politically aligned or being apolitical; many views have already been expressed. In addition, what constitutes being ‘political’ and the parameters of being ‘apolitical’.

Warm regards.
Vijay Oberoi
(Lt Gen Vijay Oberoi, Former VCOAS)

Focus of ESM Organisations
Our Armed Forces personnel are instruments for the long term security and stability of our country, regardless of the political convictions held by them during service.
Veteran and ESM Groups and Organisations need to be, solely dedicated and focused in providing support (esp matters related to pensions and health), advocacy, and ensuring a continuous employment for PBORs till 60 years of age- after their stint in the Armed Forces. Mutual Support during the difficult phase of transition from military into civil service. 60,000 PBORs each year who retire need a respectable second career in civil life. Present Government schemes is inadequate even to employ a tenth of PBORs who retire every year. Large Welfare funds lying dormant in banks should be utilised for welfare of ESM like building old age homes, creating training establishments, encouraging cooperative societies in retail and transport services. AWES and Department of Welfare need to be nudged to address these issues with sincerity. Let the society not exploit or dump these excellent professionals to being a just security watchman with a peanut salary adorning a comical military like outfit- let us not be silent spectators to witness our own brethern dishonoured!

IESM: Member List

Dear All members of IESM,
IESM is having a web site click me which is fully functional and being updated with all the related news almost on hourly basis daily.
Wish to bring to the notice of all members that the feeding in of data of the IESM members is going on a fast pace and one can view his name by going to the site and click on " Register" tab which is 4th from left on top.
On click of "Register" on the Home page of the site you will see 4 tabs in a row called
"Membership form" / "Register On line" / "Registration Procedure" / "View Members"
On click of "View Members " tab you would see the various rows:
"Number of members from Army " 932 View ( 1 to 59 pages)
"Number of members from Navy" 98 View ( 1 to 6 pages)
"Number of members from Airforce"" 195 View (1 to 13 pages)
In click "View" for respective service you would be seeing the names of the members. This list is incomplete and is being worked upon continuesly daily by Maj Gen PK Renjen the Treasurer of IESM at Gurgaon. The number at the bottom of the site of home page shows total members (data entry in progress) 1259 as of today- 20 May 2009.
Those whose name does not appear need not despair as every day almost 40-60 members data is being keyed in and if you keep on seeing the site daily you should soon find your name in the list.
Soon a " Search" facilty will be incorporated and also the data would be displayed in the grid in ascending order of surnames for easier location of names in the respective service lists. Any suggestions for the site are welcome.
Regards
Cdr Sharan ahuja (Retd)
Member Core Group IESM

IESM: Veteran Visibility

Dear Colleagues,
An email received from Veteran T.R.Ramaswami by another ESM is reproduced below for information and dissemination to maximum of our citizens:

I am presently in the US on a tour. I have so far taken about 8 internal flights. On every flight the flight attendant asks whether there are any serving soldiers of the army, navy, air force or marines. He / she also asks whether there are any veterans. Then on behalf of the airline and all the other passengers she thanks all of them for the sacrifices they have done and that the entire country is proud of them. Only after this the other flying instructions follow.

In all malls and public places the photographs of the local residents who have fallen in action are placed at the entrance with all relevant details.

It is easy to recognise a veteran in the US. They all wear a cap proclaiming their status. Many public services and entry to museums, etc are free. Unlike India serving and retired soldiers travel in uniform in public transport in the US.

I suggest that Indian armed forces veterans should also wear a cap proclaiming their status. Perhaps serving soldiers must also make themselves more visible to the public.

On home-front many more suggestions have since come. We are grateful to all senders who have found time to do so.
Best regards,
Lt Gen (Emeritus) Raj Kadyan, PVSM, AVSM, VSM
Chairman IESM

IESM: Chairman's Desk

Date: Wednesday, 20 May, 2009, 10:41 PM
Dear Colleagues,
Future Course of Action
Future course of action is being strategized. Efforts are on to contact maximum number of Parliament Members and impress upon them the justification of OROP. The political leaders would also be reminded of the unfinished problems of the Ex Servicemen. ESM further afield, who do not work the internet, and being telephonically contacted to remind them of and to refresh our collective resolve.
Within the Family
Four days after the election results the tempest is blowing over. Most knives have already been sheathed. Angry words are being replaced by constructive suggestions. It is not to say that the tirade (by some) did not yield its own gains. As the wit said, ‘when you are getting kicked from the rear, it means you are in front.’
Best regards,
Lt Gen (Emeritus) Raj Kadyan, PVSM, AVSM, VSM
Chairman IESM

Scholarship for wards of ESM family pensioners

It has been decided to grant an annual scholarship of Rs.1001/- to the wards of poor defence family pensioners from the year 2009, in the name of 'indianexserviceman' blog. I request your participation in the scheme. The Tirunelveli District ESM Welfare Association will be conducting its 8th Anniversary in two months. Our Association also has lot of scholarship schemes which will be announced shortly.

In the meanwhile kindly give wide publicity to this Scholarship scheme to bring in some donors to this noble scheme so that it can be extended throughout the country.
C Muthukrishnan (Ex Sgt)
Kindly visit link below for full details:
indianexservicemen

IESM: Chairman's Desk

Date: Tuesday, 19 May, 2009, 11:47 PM
Dear Colleagues,
Some more suggestions are coming in for the suggested future course of action by the IESM. There is increasing realization on the correctness of the advisory and the positive contribution it has already made and might make in future for furtherance of our OROP cause. We are grateful to all the ESM who have sent these emails.
Best regards,
Lt Gen (Emeritus) Raj Kadyan, PVSM, AVSM, VSM
Chairman IESM

VETERANS GET TOGETHER- DEHRADUN
Get together of veteran officers and families was organized by Dehradun Ex-Services League on 17 May 09 at DSOI which was attended by more than 200 veteran officers and families. First time such excellent evening get together with nice entertainment programme was organised with the help of Brig A K Siwach, Commander Uttarakhand Sub Area, Brig(Retd) K G Behl, President Dehradun Ex-Services League, Lt Col(Retd) B M Thapa, General Secretary Dehradun Ex-Services League, Col P S Sikarwar CO ASC Supply, Lt Col(Retd) O P Chhabra Secretary DSOI, Lt Col(Retd) R P Jairath, Lt Col(Retd) R K Arya and Lt Col(Retd) R K Chawla. Many veterans could meet their old friends after long gap to revive their old memories and past association to refresh the reminiscences. Function was attended by Brig A K Siwach, Lt Gen(Retd) T P S Rawat, Ex MP and Ex Tourism Minister Uttarakhand,Lt Gen(Retd) R S Tomar,Maj Gen(Retd) O P Sabharwal, Maj Gen(Retd) J D Madhok, Maj Gen(Retd) S R Bahuguna, Maj Gen(Retd) K K Jetly, Maj Gen(Retd) Shamsher Singh, Brig(Retd) A N Acharya, Col(Retd) K L Dewan, Lt Col(Retd) S S Thapa and many others.
Lt Col B M Thapa (Retd)
General Secretary Ex-Services League, Dehradun

A Strategic Inoculation

Amid the euphoria of democracy, we should see that the morale of our armed forces is maintained...
Pune Mirror: Posted On Monday, May 18, 2009 at 05:34:31 AM
As Indians we can all be legitimately proud of our 60 years of vigorous democracy. The 15th general elections have just been over and we have witnessed the lively game of politics which adds spice to our democracy.

In fact as Indians we have been particularly lucky.

From the mid-twentieth century till the nineties a large number of colonies in Asia and Africa became independent. Unfortunately most of them became examples of poor governance. Many became single party dominated totalitarian regimes. Many went the way of communism and human liberties became a casualty. Many others became dictatorships of army generals and colonels.

Against this dismal record India almost alone emerged as a real democracy. The just concluded general elections is a glorious demonstration of this proud fact.

Our unique and lucky position can be particularly appreciated if we just look around and see what is happening in our neighbourhood. Pakistan is imploding. Nepal is lurching on the edge of chaos. Bangladesh is just recovering from their last elections.

Sri Lanka is struggling with a three decade old insurgency. Myanmar has gone into a deep freeze of democracy under a military junta. Further East, Thailand is facing a crisis between the elected government and the military which has intervened far too often in the government. Indonesia is limping back after a long spell of military dictatorship. China may be a great power but it is certainly not a democracy.

What is the secret of our fortune? It is thanks to the role played by three key institutions of governance. These are the Election Commission, the Judiciary and our Armed Forces. We readily recognise the role of the first two, but we hardly ever recognise the silent contribution of our thoroughly professional and politically neutral armed forces.

This is particularly very remarkable when we just look across the border and see what has happened in Pakistan and Bangladesh. The track record of the Indian armed forces is all the more commendable when we recall that they were all trained by the same British who set up excellent traditions in the armed forces.

As we celebrate the health of our vigorous democracy we should not take our luck so far, for granted. We should particularly nurture our armed forces and see that their morale and commitment to professionalism are maintained.
When it comes to health we are all aware of the fact that prevention is better than cure. The recent scare about swine flu underlined that message and saw many countries co-operating in ensuring that proper precautions are taken and a pandemic is avoided.

For the health of our democracy it is necessary that the new government pays special attention to our armed forces which constitute an important pillar for our democracy. From a broad perspective one thing is important. We must be able to make our defence services an attractive career option for our youth.

One major reason for the lack of attraction of armed forces as a career is a weakening of our sense of patriotism and nationhood. The growth of regionalism and caste based politics has greatly undermined the national sentiment and made patriotism almost anachronistic.

Equally important is the treatment meted out to ex-servicemen and veterans. We have seen the dissatisfaction of the defence services during the implementation of the sixth pay commission. How many are aware of the sense of frustration and the feeling of lack of izzat or respect amongst the retired servicemen on the issue of one rank-one pay?

Unless we take serious note of these signals of hurt pride and wounded morale, there is a danger that our vaunted track record of democracy may be seriously threatened.

When thousands of crores were waived for the agriculture sector and populist measures like free TV have become the norm of politics it is unfair if the reasonable demands of the defence services are not met. No government can invoke the old arguments of budget deficit etc. A strategic inoculation against the loss of morale in the armed forces is an important national priority for the new government.
By N Vittal
In the last decade, N Vittal, the former CVC, emerged as the voice of our collective conscience. This is his weekly take on public life in India.
A strategic Inoculation

Are 'Faujis' Politically Dumb?

Soldiers have a right to vote. The Constitution provides this right. A Soldier is free to cast his Vote in favour of any Political Party. It is therefore never meant that a Serving Soldier can not have political inclination or choice.

Then what is being 'apolitical' for a Serving Soldier? He is to be 'apolitical' while supporting the Government of the Day, led by any party, despite his preference for the ideology propagated by some other Party which may NOT be in power. He is to give his 100% in discharging his duties in support of the Govt. for Governance within the Constitutional framework.

ESMs of course are FREE. They have to only ensure that NO action of theirs, as a learned and disciplined ex-Soldiers, should adversely impact the Serving Community.

Faujis therefore need NOT be seen as Politically Dumb.

We must use our Voting Power to the best advantage of the ESMs. Work out long-term alliances - preferably pre-poll. And commence ground work well integrated with the Party You wish to support as an ESM Organisation. And consolidate the advantages gained thus far.

Brig Sukhwindar Singh
svipja

IESM: Chairman's Desk

Date: Monday, 18 May, 2009, 10:34 PM
Dear Colleagues,
Useful suggestions regarding the future course of action by the IESM have started flowing in. I thank the members for their effort and time in giving us these valuable inputs.
Best regards,
Lt Gen (Emeritus) Raj Kadyan, PVSM, AVSM, VSM
Chairman IESM

ECHS- Firm action against Erring Hospital

Ref: ECHS: Chandigarh- click me

A prestigious private hospital in Chandigarh area has been de-listed for Cardiology related referrals due to certain unethical practices. The ECHS and AMC staff have taken firm action.
Veterans should not overlook any serious malpractices by empaneled hospitals and other medical facilities and report the same to the respective ECHS functionaries.

Lt Gen Harbhajan Singh (Retd)

Link to earlier posts
ECHS is a dud: Revisited
ECHS: Chandigarh
ECHS: Tirunelveli rated exemplary
ECHS: Meerut rated efficient

IESL: Pension battles in court

one year ago...4th July, 2008- WP(C) 7487/2002
In the High Court of Delhi at New Delhi

The short question that falls for consideration in all these writ petitions is whether the petitioners are entitled to claim pension on a pro-rata basis even when they do not qualify for grant of service pension under the Rules regulating their service conditions. The question is no longer res integra in the light of four division bench decisions rendered by this Court holding that the Pension Regulations for the Army do not envisage grant of pro-rata pension to those who have not rendered qualifying years of service. Before we refer to the said decisions we may extract Regulation 132 of the Pension Regulations for the Army for ready reference:
“132. The Minimum period of qualifying service (without weightage) actually rendered and required for earning service pension shall be 15 years.”

What is important is that the recommendation made by the Pay Commission and its acceptance apply only two cases in which the existing rules regulating grant of service pension to the employees provide for payment of pension upon completion of 10 years of qualifying service. The recommendations do not go further to suggest that pension must become payable on completion of 10 years of service even in cases where the existing service rules regulating the grant of such benefit did not provide for such payment. Mr. Dhull was unable to point out any provision in the pension regulations or elsewhere according to which pension may have been paid to any ex-army personnel upon his completing 10 years of service. Indeed there could be no provision in the light of the specific provisions contained in the Regulation 132 extracted earlier stipulating 15 years minimum qualifying service for purposes of pension. In the absence of any existing system of payment of service pension upon completion of 10 years of service prevalent in the Indian Army acceptance of the Pay Commission recommendations by the government would be of no assistance to the petitioner.”

The above, in our view, provides a complete answer to the submissions made on behalf of the petitioners that pro-rata pension becomes admissible by reason of the acceptance of the recommendations of the Fourth Pay Commission. The recommendations, it is noteworthy, simply envisage continuance of the existing system of payment of pension wherever such system is prevalent. They do not introduce a new system nor do the recommendations purport to reduce the qualifying service from 15 years to 10 years. So long as Regulation 132 of the Pension Regulations for the Army continues on the Statute Book and so long as the same has not been modified or amended to reduce the qualifying period from 15 years to 10 years or to provide for pro-rata
pension, the petitioners cannot stake any claim for such payment.

In the result, these petitions fail and are hereby dismissed but in the circumstances without any orders as to costs.
Sd/- T.S. THAKUR,J
Sd/- S.N. AGGARWAL, J

Read full court ruling:
Petitioners: IESL and Other Ranks
Related Reading
Indian Ex-services League and Other Ranks VS Union Of India: Supreme Court of India
Comments: A six year effort battling in courts. Truly we are a Nation saddled with Rules and Regulations that is mind boggling to decipher!

IESM: Chairman's Desk- battle for OROP

Date: Sunday, 17 May, 2009, 11:42 PM
Dear Colleagues,
In the wake of election results expectedly there have been a string of emails. In their tenor these have ranged from encouraging to negative. I thank all the senders for their effort and respect the right of each ESM to express his views. It is not feasible to send individual responses. I am, therefore, using the daily sitrep for the purpose.

It needs recalling that on 8 Feb 2009 we had had a mammoth rally at Jantar Mantar. That day I had announced support for Congress during elections, provided they sanctioned OROP. The announcement was reported in the sitrep that evening. The relevant extract is: “If the current government sanctions the OROP, we will fully support it during the elections. The converse was implied, though not explicitly stated.”

I do not recall receiving a single email critical of the announcement on the grounds that we were getting politicised or were aligning with a political party. It shows that some of us are mentally still in uniform. We find a high comfort level in toeing the line of the ruling regime. However, when it comes to saying anything in favour of any other party, the accusation of ‘politicisation’ ‘personal agendas’ ‘hidden interests’ etc start flowing in.

The Congress did not respond to the above call for over two months. We then issued a similar advisory in support of BJP that had in the meantime clearly committed to implementing OROP.

The IESM Core Group is not apologetic in having issued the advisory. This was the right course to adopt at that time. The Congress had already rejected OROP and the alternative to the advisory was a status quo that we have been having for a quarter century.

Our only agenda is OROP and will continue to remain so. The outcome of an election and the acceptance of that outcome in a democracy is as much part of a legitimate process as the vote or IESM advisory. None of these changes the fact that OROP remains as unresolved as ever and the task of IESM as clear as before.

Nothing has changed for the IESM. It is still as committed to OROP as before and will continue to do everything it can to pursue this issue however arduous and long the road.

As ever, IESM welcomes any genuine ESM input and will continue contacting those not on internet for their views.
Best regards,
Lt Gen (Emeritus) Raj Kadyan, PVSM, AVSM, VSM
Chairman IESM

Dr Manmohan Singh a formidable intellectual and leader of intergrity

Dr Manmohan Singh is the 17th and current Prime Minister of India. Singh is a member of the Indian National Congress party and became the first Sikh to become Prime Minister of India on May 22, 2004. He is one of the most qualified and influential figures in India`s recent history, because of the economic liberalisation he started in 1991 when he was Finance Minister. Manmohan Singh is an economist by profession, and has formerly served in the International Monetary Fund. Singh is also known to be an unassuming politician, enjoying a formidable, highly respected and admired image.

Singh's image is of a formidable intellectual, a political leader of integrity (a prevalent public perception denounces most national bureaucracies as corrupt and tainted), someone who is compassionate and attentive to common people, and as a recognised technocrat. Although legislative achievements have been few and the Congress-led alliance is routinely hampered by conflicts, Singh`s administration has focused on reducing the fiscal deficit, providing debt-relief to poor farmers, extending social programs and advancing the pro-industry economic and tax policies that have launched the country on a major economic expansion course since 2002. Singh has been the image of the Congress campaign to defuse religious tensions and conflicts and bolster political support from minorities like Muslims and Christians.

The Prime Minister`s foreign policy has been to continue the new peace process with Pakistan initiated by his predecessor, Atal Bihari Vajpayee. Exchange visits by top leaders from both countries have highlighted this year, as has reduced terrorism and increased prosperity in the state of Kashmir. The peace process has also been used by the government to build stronger relations with the United States, China and European nations.

Dr. Singh is known as a bold leader. He made it clear in his address to Parliament in 2006 regarding his Nuclear Deal with US. He said he believed in taking India to new heights. Energy scarcity is hampering progress of the country. The speech gave signal of a new Manmohan Singh, who compelled his fellow parliamentarians to take a step forward for India`s sake. He reminded them of the fears and anxieties that existed when he announced reforms in the early 1990s.
Extracts from:
Dr Manmohan Singh

SCPC: Disability and casualty pension for Defence Personnel

The following GOI, MOD letters are for information:
(a) Government of India, Ministry of Defence letter no 16(6)/2008/(1)/D(Pension/Policy) dated 04 May 09 regarding implementation of Govt decision on the recommendations of the Sixth Central Pay Commission – Rationalisation of Casualty Pensionary Awards for the Armed Forces Officers and Personnel Below Officers Rank (PBOR) retired/discharged/died/Invalided out from service prior to 01.01.2006.
Click me
(b) Government of India, Ministry of Defence letter no 16(6)/2008/(2)/D(Pension/Policy) dated 05 May 09 regarding Implementation of Govt Decision on the recommendation of the Sixth Central Pay Commission – Revision of provisions regulating Pensionary Awards relating to disability pension/war injury pension/special family pension/liberalized family pension/dependent pension (special)/dependent pension(liberalized)/special pension/invalid pension for the Armed Forces Officers and Personnel Below Officers Rank (PBOR) retiring/discharged/Invalided out from service or dying in harness on or after 01.01.2006.
Click me
Kind regards,
Cdr Pradeep Mishra
Jt Secy (NF)
to read... ANOMALY IN THE RATIONALIZATION OF CASUALTY AWARDS click me

IESM: Chairman's Desk

Date: Sunday, 17 May, 2009, 12:28 AM
Dear Colleagues,
The election results are out. Our calculus during the voting advisory was based on who supports our cause of OROP and not on who wins and who loses. The Core Gp will meet shortly to decide the next course of action. One thing that is not in doubt is that our resolve remains steely and our efforts to get OROP will continue. The government had already acknowledged our efforts by announcing the constitution of a committee to examine the issue. We will use every possible means and method to get them to accept our OROP demand.
Best regards,
Lt Gen (Emeritus) Raj Kadyan, PVSM, AVSM, VSM
Chairman IESM

Date: Saturday, 16 May, 2009, 2:07 PM
Dear All,
Congratulations on the big Mandate Congress has got. Now IESM can work with a Government with a Mandate. I had always held the view that IESM should be APOLITICAL organisation, whether BJP or Congress in Power does not matter. Dr Manmohan Singh will now be a strong, sincere, honest sensible, economics wizard, Prime Minister without his hands being tied to his back. It is good for the Nation as a whole. I am sure and confident that he will do good for the Ex-servicemen and the Servicemen both. The top Echelon of IESM should personally congratulate him as soon as he is installed, on behalf of all of us.
Best Regards
Col RR Chandra (Retd)

IESM members and Readers congratulate Prime Minister Manmohan Singh on his Victory for the second term as Prime Minister. He has been adjudged as the best, sincere, down to earth honest Prime Minister since Independence. We all salute him.

Veterans express discontent with political system

Date: Saturday, 16 May, 2009, 6:34 PM
Dear All,
For information.
This report was released by the United News of India on May 14. The same has been translated into Hindi and released by UNIVarta also.
Vijay Oberoi
(Lt Gen Vijay Oberoi, Former VCOAS)

Veterans express discontent with political system
Bhopal | Wednesday, May 13 2009 IST
Even as the nation awaits with bated breath the outcome of the 15th general elections, veterans have struck a strident note of discontent with regard to the present political system and the leadership's non-comprehension of the requirements of the Indian Armed Forces.

"Perhaps a presidential system will suit us better. It need not be exactly like that of the United States, but we can evolve our own system," former Vice-Chief of Army Staff Lieutenant-General (Retd) Vijay Oberoi, PVSM, AVSM, VSM told UNI.

The veteran, who is also President of the War Wounded Foundation, pointed out that the greatest benefit of a presidential system would be that the elected president would be able to choose the best brains in the country to assist him in governance while elected representatives would still be there.

"We have a large number of illiterate people who do not understand the nuances of elections. We are an emotional people, easily swayed by cosmetics and pay little attention to substance. We are a federal country, but have not given adequate autonomy to the states," Lt Gen Oberoi felt.

The ex-director of the Centre for Land Warfare Studies alleged that the political leadership neither understood nor made any effort to comprehend the requirements of the military.

"At present, there is no formalised system of having the military in the policy formulation loop. Unless this comes about we will continue to treat security with indifference and the military would continue to get marginalised. The effect on the security of the nation would be catastrophic," Lt Gen Oberoi warned.
-- (UNI) --
Veterans express discontent with political system
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Force divider by Gen VP Malik