IESM Echoes its anguish to Defence Minister on the OROP issue

To,
Shri A.K. Antony
Defence Minister
Dated 23 April 2010

Dear Shri AK Antony
1. We are amazed at your reply in parliament the other day that granting of One Rank One Pension was not possible due to financial, legal and administrative reasons. The financial burden is too inconsequential and legal reasons have been adequately set aside by the courts in many of its recent judgements. As far as the administrative reasons are concerned, this is due to the mental block of the bureaucracy and its agonistic attitude towards the Defence Forces. That such a statement should be made by Defence Minister of India, in Parliament inspite of various SC, HC and AFT judgements to the contrary shows the scant regard the Govt in general and the Defence Ministry in particular has for the judiciary and morale of the Defence Forces. Just to take you back to the rulings given by the various courts, I would like to list a few judgements for your and your advisors perusal who appear to be hell bent to heap injustice upon the Military and not honour the courts judgements in letter and spirit:
(a) SC Judgement of 09 Sep 2009 in the case of Union of India & Maj Gen Vains and Others. The SC ruled that:-

No Defence Personal Senior in rank can get less pension than his junior irrespective of the date of retirement.

Similarly placed Officers of the same rank are to be given the same pension irrespective of the date of retirement.
(b) AFT Chandigarh Judgement dated 03 Mar 2010. In the case of union of India and Maj Gen Vains and Others. The AFT ruled that the SC ruling in the case of Maj Gen Vains and others Vs Union of India dated 09 Sep 2009 be applied to the Petitioners for pre 2006 and post 2006 retirees and the judgement be implemented in three months.
(c) AFT Chandigarh Judgement dated 08 Mar 2010 in the case of Union of India Vs Babu Ram Dhiman and Union of India Vs Sohan Singh The AFT has directed the Union Government:

That the state cannot lay down different criteria for grant of pensions to officers, JCOs and Jawans on the basis of cut off date of retirement.

No Senior in rank defence person can draw less pension than his junior irrespective of the date of retirement.

All pensioners of the same rank and service irrespective of the date of retirement are entitled to same pension.

The above directions be implemented within four months.
(d) SC Judgement dated 08 Mar 2010 in the case of retired Defence Officer Association Vs Union of India. SC has ruled that the anomaly of 4th Pay Commission regarding rank pay which was removed by the Kerala High Court in one case is applicable to all officers who were in service on 1.1.86 and arrears will be paid to them with 6 percent interest. This judgement has for reaching consequences in that the pay and pensions of officers in 5th & 6th Pay Commissions would have to be worked out afresh.
2. Mr Defence Minster sir, we implore upon you not to take the frustrations of the Defence Forces lightly because any further neglect is likely to have severe ramifications for the Nation at large. The situation as it exists today is reminiscent of the situation prevailing prior to 1962 debacle.
3. The defence personnel by training and thought are mature, patriotic and therefore, will not ask for any thing which is not their due but if justice is denied to them they will go all out albeit peacefully to get what is rightfully theirs. The humiliations heaped upon the Defence Forces in the last 10 years is leading to lot of frustration and anger and therefore, immediate action to address their grievances is required to be taken by the Govt. We therefore request you the following:-

The above judgements of the courts be implemented in letter and spirit immediately and Military Pensions of Pre 2006 Pensioners be fixed accordingly.

Separate Pay Commission which has already been accepted by the Govt be set up
immediately and all anomalies in the Pay and allowance and pensions .etc be transferred to it. The commission may please be given a fixed time frame say one year to resolve all anomalies. Two third members of the commission be from serving and retired Defence Personnel.

Military Veterans Commission be set up immediately which should consist of members from the Military Veterans only with all its powers as given to any other commission.

The Head of the ESW Department of the Ministry of Defence should be headed by a serving or retired Defence Officer. Besides that at the next level below the Head of the ESW Department, there should be one officer each from the Army, Navy and Airforce– serving or retired. Out of the remaining personnel forming part of the ESW Department, at least 50% should be from the Defence Services– serving or retired.
4. A serious immediate consideration of the above mentioned issues is requested.
With kind regards,
Jai Hind
Yours Sincerely,
Maj Gen (Retd) Satbir Singh, SM
Vice Chairman Indian ESM Movement
Copy to:
Dr. Manmohan Singh, Hon’ble Prime Minister of India
Smt. Sonia Gandhi, Chairperson UPA & National Advisory Council
Gen Vijay Kumar Singh, PVSM, AVSM, YSM, ADC, Chief of the Army Staff
Admiral Nirmal Kumar Verma, PVSM, AVSM, ADC, Chairman Chiefs of Staff Committee and Chief of the Naval Staff
Air Chief Marshal P V Naik, PVSM, VSM, ADC, Chief of the Air Staff