Monday, June 7, 2010

IESM: Judgements in favour of Ex Servicemen scuttled by Ministry of Defence

The Ex-Servicemen (ESM) are amazed at the reply given by the Defence Minister in parliament 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 for as the administrative reasons are concerned, this is due to the mental block of the bureaucracy and its agnostic attitude towards the Defence Forces. That such a statement should be made by Defence Minister of India, in Parliament in spite of various SC, HC and AFT judgements to the contrary shows the scant regard and respect the Govt has in general and the Defence Ministry in particular for the Judiciary and Morale of the Defence Forces. Recent judgements in favour of ESM scuttled by the Ministry of Defence are as under:
  • SC Judgement of 09 Sep 2009 in the case of Union of India &
    Maj Gen Vains and Others. The SC ruled that:
    (i) No Defence Personal Senior in rank can get less pension than his junior irrespective of the date of retirement.
    (ii) Similarly placed Officers of the same rank are to be given the same pension irrespective of the date of retirement.
  • 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.
  • 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:-
    (i) 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.
    (ii) No Senior in rank defence person can draw less pension than his junior irrespective of the date of retirement.
    (iii) All pensioners of the same rank and service irrespective of the date of retirement are entitled to same pension.
    (iv) The above directions be implemented within four months.
  • 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.
    Maj Gen (Retd) Satbir Singh, SM
    Vice Chairman Indian ESM Movement

    Rank Pay anomaly intentionally introduced by the Expenditure Secretary
    Serving as well as ESM have been grossly and unfairly cheated by the Expenditure Secretary who surreptitiously deducted the Rank Pay from the basic pay (4th Pay Commission) and cheating them of their legitimate salaries and pension. Will the Secretary be held accountable?
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