Saturday, September 8, 2012

Cabinet Committee to Fix Pay and Pension of Military Personnel

Govt constitutes Committee to look into pay and pension related issues of defence services personnel and ex-servicemen
by ADMIN on JULY 13, 2012
The Government has decided to constitute a Committee, under the chairpersonship of Cabinet Secretary, to look into pay and pension related issues of relevance to defence services personnel and ex-servicemen. The other members of the Committee will be:
(i) Principal Secretary to the Prime Minister
(ii) Defence Secretary
(iii) Secretary, D/o Expenditure
(iv) Secretary, D/o Ex-Servicemen’s Welfare
(v) Secretary, D/o Personnel and Training
The Committee’s ‘terms of reference’ will be to look into the following issues relating to:
(i) Defence services personnel:
• Common pay-scale for in-service JCOs/ORs
• Initial pay-fixation of Lt. Col/Colonel and Brigadier/equivalent • Review and enhancement of grade pay
• Placing of all Lts General in HAG+ scale
• Grant of non-functional upgradation (NFU) to armed forces personnel
(ii) Ex-servicemen:
• One-rank one-pension
• Enhancement of family pension
• Dual family pension
• Family pension to mentally/physically challenged children of armed forces personnel on marriage
The Department of Expenditure will service the Committee. The Committee may co-opt any other member. The Committee will finalize its recommendations and submit its report to the Prime Minister by 8th August, 2012. PIB
Govt constitutes Committee to look into pay and pension related issues of defence services personnel and ex-servicemen
Related post in 2009
2009 Cabinet Secretary's Committee mutilates OROP out of shape- Screw Up click here
Comment: The Arithmetic and Cooperation of Committee Members
When you're adding up committees there's a useful rule of thumb: that talents make a difference, and follies make a sum. More committees the more merry making to milk the Military. The Cabinet Committee and the Anomaly Committee are same in scope- a smoke screen!

Manmohan Singh is a Fragile or a Tragic Figure

India can’t take thy barbs, oh mighty Gora Sahib
Thursday, September 06, 2012, 17:33 by Ajith Vijay Kumar
The Washington Post feels that India’s Prime Minister Manmohan Singh is a tragic failure, someone who after riding back to power in 2009 now leads a deeply corrupt government.
"Image of the scrupulously honourable, humble and intellectual technocrat has slowly given way to a completely different one: a dithering, ineffectual bureaucrat presiding over a deeply corrupt government".
WASHINGTON POST BEING DEROGATORY ABOUT OUT OUR PM, OMG!! We can’t allow them to get away with this, was the common refrain that seeped out of the corridors of power in the aftermath of the terrible ‘tragedy’.
Phones were worked on right and left of Raisina Hill and in ministries on both sides of the Rajpath. Information and Broadcasting Minister Ambika Soni hurriedly asked for an apology from the paper for lowering the dignity of the office of the Prime Minister, others in government condemned it.
"How can a US daily take the matter so lightly and publish something about the Prime Minister of another country? I will speak to the Ministry of External Affairs and the government will seek an apology from the daily," she said.
By day fall, the Firefighting Express had chugged across the town, TV studios, the web, high tea get-togethers and the cocktail circuit.
A Gora Sahib had done it again and that’s news… like it was when Time magazine dubbed the PM as an underachiever.
Post’s India bureau chief Simon Denyer rubbed the government the wrong way at its most sensitive spot - India and the PM’s image in the West. Manmohan Singh is an economist of repute and commands high regard in the global circuit, any wrong press coverage is a strict no no, and if coming from the Washington Post it patently alludes to bad news.
The merits of Denyer’s frontal attack on the Prime Minister may be debatable but what has predictably come out of the entire episode is the jittery reaction of the establishment to any bad news coverage from the West, especially from Uncle Sam.
While the PMO claims Denyer had apologized, The Washington Post correspondent has refuted all such claims and continues to stand by his report, further angering the mandarins in the South Block.
The latest episode has once again exposed the morbid fear of the Gora Sahib that runs deep within the Indian consciousness.
The Prime Minister’s Office will not take notice – in this magnitude – to the criticism from the Indian press, like it does with the foreign press.
Why is that we can’t take their criticism face on or even better just ignore it? How much value does a Washington Post report on Manmohan Singh’s weak spots hold for the aam janta of this country and more importantly do we need a certificate from the US of A for everything we do?
Instead of crying hoarse over what the Washington Post feels about the PM, the government would do itself good by focusing on clearing the haze that seems to have engulfed its functioning.
Indeed the government has developed the image of being a den of corruption. But, certainly, the PMO doesn’t need the Washington Post to show them the mirror.
Rather than hyperventilating on a foreigner putting a value to the PM’s worth, it is time the government starts looking inwards.
And, it is also time to stop worrying about the Gora Sahibs, the people who will vote you back to power are all brown.
India can’t take thy barbs, oh mighty Gora Sahib

Adarsh Housing Society Scam- Know the facts

What is Adarsh Housing Society Scam?
The Adarsh Housing Society is a cooperative society in the city of Mumbai in India. Adarsh Housing Society in Colaba (Mumbai), was originally meant to be a six-storey structure to house Kargil war heroes and widows, got converted into a 31-storey and allotted to bureaucrats, top defence officers, a former environment minister and legislators.
The scandal over the allotment of flats in the Adarsh housing society in Mumbai, originally meant for families of Kargil war heroes, exposes the rank corruption that exists at the heart of our political system Questions were raised on the manner in which apartments in the building were allocated to bureaucrats, politicians and army personnel who had nothing to do with Kargil War.
How Much money involved in Adarsh Housing Society Scam?
The total value of the scam is not known yet. According to the market rate in the Colaba area in year 2010, an average two-to three-bedroom-hall-kitchen (BHK) flat in Adarsh society could cost between Rs 6 crore and Rs 8.5 crore. However, members of the society paid Rs 60-85 lakh for each flat.
When did Adarsh Housing Society Scam happen?
In 2010, the Indian media brought to public the alleged violations of rules at various phases of construction in the Adarsh Society.
Who are involved in Adarsh Housing Society Scam?
Players in this scam were bureaucrats, politicians. For a change it included men from the armed forces too.
Politicians Involved:
  • Ashok Chavan, Chief minister of Maharashtra: His relative Seema Vinod Sharma; mother in law Bhagwati Manoharlal Sharma; relative Madanlal Milkiram Sharma owns flats in Adarsh
  • Kanhaiyalal Gidwani, Congress Member of Legislature, Maharasthra: He along with his sons Kailash K Gidwani and Amit K Gidwani owns flats in Adarsh. Also a relative Kavita S Godbole owns a flat.
  • Jitendra S Awhad, Nationalist Congress Party Member of Laegislature, Maharashtra: Owns flat
    Bureaucrats
  • Pradeep Vyas, Mumbai district collector: His wife Seema Vyas owns a flat
  • PV Deshmukh, Secretary in Urban Development department: Owns a flat
    Armed Forces
  • Lieutenant General NC Vij, former Chief of Indian army staff
  • General Deepak Kapoor, Chief of Indian army staff
    Whistleblowers/ Law enforcers
  • Medha Patkar
  • Media
  • RTI activists
    Adarsh Scam: Know the facts
    Comment: How did all these scamsters get interest free loans? This is height of India's benami, black money and money laundering route. Why are these scamsters still not booked? It looks these looters are seeking reprieve from Sonia Gandhi in the name of sullying the name of UPA- which is already in dumps (The Society is directly writing letters to UPA Chairperxon). Will Mr Shinde succumb to pressure tactics of Adarsh society members- who are really scumbags and have very powerful leverage in Raisna HILL? We need to watch out for the outcome... very demoralising episode for the Military Community!
  • Friday, September 7, 2012

    How Armed Forces Attractive Career was scuttled from 1986

    Pay Rs 1,600 crore arrears to Army officers: SC
    TNN Sep 5, 2012, 01.53AM IST
    NEW DELHI: Assuaging a major grievance of officers upto Brigadier level, the Supreme Court on Tuesday directed the Centre to appropriately fix rank pay, introduced to pay them a little more than their civilian counterparts to attract youth to make a career in the Army, and disburse the arrears since January 1, 1986.
    A bench of Justices R M Lodha, T S Thakur and A R Dave rejected the Union government's application for modification of the apex court's March 8, 2010, order agreeing with the reasoning of Kerala High Court in the case of Major Dhanapalan. The HC had directed proper fixation of rank pay from January 1, 1986, and payment of arrears with 6% interest.
    In abiding by the court order, the exchequer could face a financial liability of close to Rs 1,600 crore as the SC asked the Centre to pay annual interest of 6% to be calculated from January 1, 2006.
    This order would apply to all officers of the Army, the Navy and the Air Force, both serving and retired, irrespective of whether they filed petition in court or the Armed Forces Tribunal. The court asked the government to comply with the order in three months.
    The grievance of the officers in the Army arose from the wrong fixation of rank pay as awarded by the 4th Pay Commission, in which the element of rank pay was introduced for ranks from Captain to Brigadier in the Army and their equivalent ranks in the Air Force and the Navy, in addition to pay in the integrated scale.
    The rationale of this was to make the Armed Forces attractive career option and to continue the edge that was always provided to the defence officers compared to their civilian counterparts due to the difficult and challenging nature of their job profile. However, at the time of fixation, the rank pay was first deducted to arrive at the total emoluments and thereafter added after fixation in the integrated scale. This ensured that the final fixation of the total pay of the officer became at par with his civilian counterpart and the edge was neutralized during fixation, officers had argued through advocate on record Aishwarya Bhati.
    This SC order will benefit a large number of officers who were in the rank of Captain to Brigadier in the Army and equivalent ranks in the Air Force and the Navy, between January 1, 1986 and January 1, 2006.
    Pay Rs 1,600 crore arrears to Army officers: SC
    Comment: This amount of Rs 1600 Crores financial liability to the exchequer is peanuts as compared to gigantic scams like 2G, CWG, Coalgate, Adarsh, Tatra and such like which is a gross criminal loss of Revenue to the exchequer running to over 5 lakh Crore Rupees and above.

    P Chidambaram's FDI Overdrive: Mauritius Route

    Ministry of Finance 06-September, 2012 19:05 IST FDI Proposal of M/S Cloverdell Investments Ltd. Mauritius Worth Rs. 808.06 Crore Approved
    Based on the recommendations of Foreign Investment Promotion Board (FIPB) in its meeting held on July 27, 2012, the Government has approved 11 Proposals of Foreign Direct Investment amounting to Rs. 2067.98 crore approximately. The Press Release dated August 23, 2012 has been modified and the proposal of M/s Cloverdell Investments Ltd. Mauritius worth Rs. 808.06 crore (FDI/NRI inflows), which was pending for certain clarification, has also now been approved. The proposal was related to induction of foreign equity in an operating NBFC with downstream investments in companies engaged in/proposed to be engaged, inter alia, in the business of housing finance, stock broking (including derivatives and currency derivatives broking), depository participant service, commodity broking and investment advisory activities.
    ****** DSM/RS/GN (Release ID :87545)
    FDI Mauritius Route

    Rank Pay: Will the MOD in conjunction with UOI throw more spanners?

    LATEST UPDATE
    IV Pay Commission Rank Pay Anomaly Case
    In the case of Maj AK Dhanapalan Vs Union of India in OP 2448/96, The Hon’ble High Court of Kerela allowed the plea of the officer and held that the deduction of the rank pay was not correct and directed to re fix the basic pay of the officer from 1.1.1986. Appeal filed by the Union of India before the larger bench of the High Court & SLP in the Hon’ble Supreme Court against the judgment was dismissed. Although Govt sanction to pay arrears to Maj AK Dhanapalan were issued, the benefit was not extended to similarly placed officers of the three Services.
    Similar cases were filed by a large number of officers in various courts throughout the country. The Supreme Court of India directed that such of the cases be transferred to the apex court. Retired Defence Officers Association (RDOA) has been able to transfer one of the ‘lead cases’ from Kerela to the Supreme Court.
    AS ON 04 SEPT 2012
    The IV CPC Rank Pay Case was finally heard today ie 04 Sept 2012, in Court no 7, in the court of Hon’ble Justices RM Lodha, TS Thakur and Anil S Dave. The appeal file by UOI for recall of order of the Hon’ble Court dated 08 March 2010 was dismissed by the Court. The court upheld its order of 08 Mar 2010. The Solicitor General spent marathon four hrs to convince the court about the legitimate deduction of the rank pay but was not able to justify the deduction of rank pay and as to fitment of pay of AF officer vis a vis a civilian offr drawing same basic pay as on 1/1/1986.
    The said order will be applicable to all affected offrs of the AF wef 01/01/1986 to 01/01/2006 across board. It would also be applicable to all pending cases in various courts and AFT’s across the country on the subject case.
    The interest will be applicable @ 6% wef 01/01/2006 and not 1986. This is the only change made by the court. The court has also directed that all arrears should be paid within outer limit of 3 months from today ie 04 Sept 2012.
    So, the pay and pension of all affected officers of the AF are set to revise from 01/01/1986.
    RDOA Blogspot
    SPANNERS PROPOSED BY UOI through Solicitor General as on 11 Jan 2012
    The UOI has suggested a big 'spanner' to cause delay in the IV CPC rank pay case. In its affidivit filed the UOI says that the Central Govt is open and willing to constitute an independent commission headed by a retired judge of the Supreme Court to examine the correctness of the implementation of the recommendations by IV CPC related to rank pay as given in para 28.113 of its report and to make recommendations for further improvements to the proceedure for disbursement of pension to retired Armed forces personnel based on Govt orders subsequent to VI CPC recommendations THIS IS PURE HOGWASH AND ONLY TO DELAY MATTERS. RDOA IS NOT GOING TO BUY THIS LINE OF ACTION. Further it says: Apart from the enormous financial implications, actual implementation of the Hon'ble Court's order would involve the following stages;
  • Revision of pay of offrs on 1/1/1986, 1/1/1996, and 1/1/2006 with simultaneous revision of all pay linked allowances/benefits.
  • Calculation of DA on slab basis from 1/1/1986 to 31/12/1995 is time consuming
  • Revision of retirement benefits (gratuity, leave encashment)of offrs retiring after 1/1/1986
  • Revision of pension on 1/1/1986, 1/1/1996, 1/1/2006.
  • Revision of family pension based on revision of pension of offr
  • Payments to be made to legal heirs of deceased offrs
  • Interest @ 6 % per annum for upto 24 yrs in each case will have to be calculated and paid. This would be a protracted exercise taking a lot of time and involving huge manpower as each case will have to be examined/ calculated individually.
    RDOA comment. UOI is responsible for this faux pas and should do the needful and pay the offrs their legitimate dues. The Court should raise the penalty to 18% for causing unnecessary delays in implementing court orders.
  • National War Memorial approved: Defence Minister

    Finally, plans for National War Memorial approved: Defence Minister
    Reported by Sudhi Ranjan Sen, Edited by Amit Chaturvedi | Updated: August 17, 2012 17:38 IST
    New Delhi: The long-delayed national War Memorial for Indian soldiers, first proposed in the 60s, has been cleared by a group of ministers handled to manage the project. It will be constructed next to the India Gate in New Delhi, a location preferred by the armed forces.
    Defence Minister AK Antony told reporters today, "Most hurdles for the construction of War Memorial has been cleared." While the armed forces wanted the war memorial to be built at India Gate at the centre of the capital, the Urban Development Ministry and other bodies like the New Delhi Municipal Corporation had objected, saying that the construction would mar the landscape that includes Rashtrapati Bhavan and the Indian Parliament. Urban Development Minister Jaipal Reddy was among the group of ministers who were appointed in 2009 to resolve differences of opinion. They have agreed that the layout of the memorial will be organic to the India Gate vista; it will surround the main canopy or chhattri at India Gate, and will list the names of thousands of soldiers who died in the line of duty.
    The Union Cabinet is expected to formally approve the construction in the next few weeks.
    India Gate and the eternal flame there, the Amar Jawan Jyoti, which remembers the unknown solider, was built by the British in honour of Indians who died during World War 1. Since its independence, India has gone through five wars; soldiers have died in counter-insurgency operations, too. But there has been no memorial built in their honour.
    Armed forces will now consult design experts to finalise the design.
    National War Memorial approved: Defence Minister

    Disconnect between GOI and Armed forces grows

    Disconnect between GOI and Armed forces grows – Rank Pay Shows
    By IDU Analysis on September 5, 2012
    No body listens to the Armed Forces in any matter is a truth. The Armed Forces have been blamed for the messed up wars and operations in 1962, 1965 and Op Pawan but no blame as in the Henderson Brooks or K Subrahmanyam or any other report goes to any bureaucrats’ or politicians’ scalp. And we want to be a Super Power but have become the No 1 Defence Importer in the world because we are a ‘Rich Nation With Fine Poor People’ and the Armed Forces are the fine poor in more sense than one.
    The Armed Forces have finally won a victory of sorts on 4th Sept by going to court and there are lessons to be learnt. The Supreme Court three Judge Bench courageously decided not to interfere in its earlier decision granting the cumulative benefits and arrears of Rank Pay with effect from 01-01-1986 to all affected officers. However, the 6% interest component has been admissible on arrears from 01-01-2006 rather than 01-01-1986, because the Government cried ‘foul’ it has no money, which is true for the Armed Forces. Lets hope Chidambaram does not do some retrospective change.
    Sadly the case remained pending for years and was finally argued in marathon four hour arguments by the Solicitor General Nariman Jr who had said he had a solid case appearing for the GOI on technical grounds. The SC , decided that there was no infirmity in the order passed on 08 March 2010 which the previous SC had lost but MOD appealed. The welfare of the Armed Forces is a less looked after subject with an IAS secretary warming the chair looking for loop holes only he can plug.
    And today news comes Shekhar Agrawal, an IIT product Secretary, Defence Production, Ministry of Defense, Government of India will be looking after additional charge of the Department of Ex-Servicemen Welfare for three months. He has been screwing up private sector attempts to let Private sector defence companies enter production and has been naturally protecting PSUs. Lets see what is in store as he has his hands full in Defence Production. Welfare can wait.
    All this shows there is disconnect between the MOD which should have agreed and fought for Rank Pay when the SC verdict came but it is learnt that that the Services HQ were in favour of getting the verdict implemented, The three services on the basis of a decision taken officially and categorically informed the Solicitor General in writing that the Armed Forces were not in favour of the matter being contested against the affected officers and in fact were in favour of getting the verdict of the SC dated 08 March 2010 implemented. But who listens.
    Thereafter, the MOD wrote to the Services HQ asking them to withdraw the communication to the Solicitor General, however to the credit of the Services, the said communication was ultimately not withdrawn. Besides showing utter disregard for the opinion of the services in this matter, this incident also shows as to how the MoD tries to browbeat the services into accepting its views and huge nerve centre connects with UPA Chairperson the PMO drives many of these issues. Unfortunately elements of the JAG Branch also toe the line of the MoD rather than the Services for greener pastures.
    This shows the dangers of the workings of the Indian government and political parties and shows the insides of national security too that straddles the philosophical divide between India’s Armed Forces and the leadership and extends to India’s foreign and military policy and hijacks the ability of the military ability to deliver. And as the picture shows China leaps ahead with economy , women power, military and nuclear muscle and intelligence which was what the out going Chinese Defence Minister came to gather with 23 others.
    Another debility in India is that which ever Indian government has come to power, it has shown a quest to dominate the military by any means fair or foul and has evaded the appointment of a CDS despite Arun Singh, K Subrahmanyam and now Naresh Chandra committee having recommended. They were no fools.
    It is only after examining the factors of corruption in purchases like Bofors, HDW submarines, Tehelka and now the cancelled contracts and the war Room leak case connected with absconding Lt Cdr Shakaran and Abhishek Verma that one realizes how Armed Forces are the losers while bureaucrats politicians get away. The names are known but cash leads abroad are not easy to trace.There have also been failures in wars of 1962, 1965 and Op Pawan , that one can point to ill conceived motives and failures of India’s foreign and military policy. The Armed Forces are kept at arm’s length from decision making or foreign policy and offered sops like posts of Governor or Ambassador to Naval Chiefs as one hears the post will now go to the retired Naval Chief for good work done.
    Admiral Vishnu Bhagwat tried to challenge the system and took on the Deference (Sic) Minister Fernandes and Defence Secretary and DRDO Dr Kalam and asked for an audit of the ATV INS Arihant project where he was a spectator member. He got sacked under Art 311 with out rank or pay as powers rest with the Defence Minister to dismiss any inconvenient officer under Art 311 though Justice Shah when introducing the article in the Constitution asked for ‘application of mind’. More recently Gen VK Singh tried to take on the Government but failed and its said he is safe as he holds many interesting conversations his special unit tapped in to, and his daughter is an Army wife and an in house lawyer. Bhagwat was simple sailor and lives down Colaba.
    With this SC Rank Case ruling and many scams the question before Indians today and the Armed Forces and educated citizens is how can we have faith that their government will steer well and honestly and keep them safe. India wants to rise but has a charted a strategy for India where bureaucrats in MOD apply yard sticks to keep the Armed Forces subservient. How clueless can Government be about scams under the Minister’s and PM’s nose which has the most intelligent officers in PMO looking after India’s Intelligence agencies which have mushroomed so no one finger can point at any one agency. This is a moot point for national intelligence too.
    And brings in a relevant question is “Do our intelligence agencies deliver or in the cloak of secrecy get away unquestioned”? When one accidentally took over as Director of Naval Intelligence and consulted a British counterpart who dealt with MI-5 and MI-6 (One had to deal with IB and RAW and DOE only then), he said, “Intelligence is like a cow. You have to ‘milk it’ and learn how to milk a cow (Intelligence) first. She does not give milk by itself”. Nor does any intelligence agency as the act of withholding information, is rampant in India.
    Today the Indian government presents a view of reactive Indian foreign and military and nuclear policy, as reported by the Atomic Scientists and Mail Today as the Indian military is not in the loop who are to ‘man the bombs’, even if never to be used. And clever people say its ambiguity as is CWG, 2G and now Coalaveri gate.
    This luckily for India is in stark contrast to that depicted by corporate India where to most minds the private industry (not the coalgate and 2G and CWG gainers) is leading India’s rise on the world stage. For years the Indian military was supplied, stocked and supported by the erstwhile Soviet Union but with its fall, now Israel and the US have emerged as India’s suppliers, and till we become some what self sufficient where private industry has to join India will as its now said, “Muddle along well and react only when the chips are down, and the loyal Armed Forces will react after a few days and get their act together”.
    But today it’s a day to celebrate our Supreme Court not our MOD or Defence Minister or our PM who promised us pay of our Rank from the ramparts of the .RED FORT on Independence Day when PM announced the Pay Commission of rank not band.. He also ordered a group of secretaries to give a report on OROP on 8th Aug …..but what is an order from one bureaucrat to another unless there is something in it for him or her. The report is still to come. Command and Control of India is in slumbers and Khamooshi (Silence) as PM put very eloquently before he went to Iran for NAM meet, to defend himself in Coalgate is the order of the day.
    Disconnect between GOI and Armed forces grows – Rank Pay Shows

    Thursday, September 6, 2012

    Rank Pay Landmark Judgement boosts the sagging morale of Armed Forces Personnel

    Wednesday, September 5, 2012
    LANDMARK DAY FOR DEFENCE OFFICERS- RANK PAY CASE - AISHWARYA.
    Dear All,
    We finally won, this matter was not merely a case but a mission for us!!!
    And our patience and efforts were tried to the extreme... despite the earlier final order of the Supreme Court, the fruits of success kept on alluding us since the UOI chose to take the most unusual course of persuing a recall application, which was heard on several dates over the last 2 years.
    Today, after marathon arguments from morning till almost rising of the Court and several anxious moments of flips and flops, the Judges were finally convinced and saw through the flimsy excuses of the Govt.
    It is my priviledge and pleasure to announce that justice finally prevailed, please see the following note for details and circulate to all retired and serving officers and their kin so they can finally get their dues.
    Congrats and regards,
    Aishwarya.
    Litigation Legend for the Legal Luminaries
    LANDMARK DAY FOR DEFENCE OFFICERS- RANK PAY CASE Subject : I.A. NO. 9 IN T.P. (Civil) 56 of 2007 – UOI & Others Versus N.K. Nair & Others.
  • The aforesaid matter along with connected matter came up for hearing before the Hon’ble Supreme Court of India before a Bench of Hon’ble Mr. Justice R.M. Lodha, Mr. Justice T.S. Thakur and Mr. Justice Anil R. Dave before Court No.7, Item No. 9 today i.e. 04.09.2012.
  • This was an application filed by UOI for modification/directions/recall of order dated 08.03.2010 passed by this Hon’ble Court in T.P. (Civil) No. 56 of 2007 and other writ petitions, by which the Hon’ble Supreme Court had agreed with the reasoning of the Kerala High Court in the case of Major Dhanapalan and directed proper fixation of rank pay from 01.01.1986 and interest @ 6% per annum.
  • The core issue in these petitions is with regard to the wrong fixation of rank pay awarded by the Fourth Pay Commission by the Union of India.
  • The background to the core issue is that in the fourth pay commission, the element of rank pay was introduced for all ranks from Captain to Brigadier in the Army and their equivalent ranks in the Air Force and Navy, in addition to pay in the integrated scale. The rationale of this was to make the Armed Forces an attractive career option and to continue the edge that was always provided to the defence officers vis-à-vis their civilian counterparts, owing to the difficult and challenging nature of job profile.
  • However, at the time of fixation, the rank pay was first deducted to arrive at the total emoluments and thereafter added after fixation in the integrated scale. This ensured that the final fixation of the total pay of the officer became at par with his civilian counterpart and the edge was neutralized during fixation.
  • The issue is particularly significant since the services have a longstanding grievance that they get a raw deal from the bureaucrats who have systematically worked on ensuring that the historic edge that the defence officers had with respect to their civilian counterparts is first neutralized and eventually reversed. Interestingly, in this case also the Armed Forces (Army-Navy and Air Force) and the Chiefs of Staff Committee had recommended not to persue the litigation further, however, the Ministry of Defence chose to press the application for recall on several grounds including a total financial liability of about Rs. 1600 crores.
  • Major A.K. Dhanapalan was the first officer to challenge this erroneous fixation before the Hon’ble Kerala High Court in O.P. No. 2448/2006. The Hon’ble Single Judge, Kerala High Court vide order dated 05.10.1998 found no justification in deducting the rank pay and directed the UOI to re-fix the pay without deducting the rank pay. The Hon’ble Division Bench of the High Court also affirmed finding of the Ld. Single Judge and dismissed the Writ Appeal No. 518/1999 of UOI vide order dated 04.07.2003. The UOI challenged the dismissal before the Hon’ble Supreme Court which was also dismissed vide order dated 12.07.2005 in SLP (Civil) No. CC-5908/2005.
  • Thereafter, several petitions were filed by similarly placed officers before different High Courts and different benches of Armed Forces Tribunal. However, because of the pendency of the aforesaid I.A., the entire issue was in limbo and no benefit had been granted to the deserving officers, apart from the individual case of Major A.K. Dhanapalan.
  • Today, the Hon’ble Supreme Court dismissed the Application of Union of India finding no merits or grounds. While doing so, the Hon’ble Supreme Court has also directed the UOI to re-fix the pay of affected officers from 01.01.1986, without deducting the rank pay.
  • The Hon’ble Supreme Court has also directed the UOI to pay interest @ 6% p.a. from 01.01.2006 to all the officers, whether or not they have filed any petition before any of the High Courts or Benches of Armed Forces Tribunal, within 12 weeks from today. The Hon’ble Court has also directed that all pending petitions before any of the High Courts or Benches of Armed Forces Tribunal, by similarly placed officers will be governed by this order.
  • This order of the Hon’ble Supreme Court will benefit a large number of officers who were in the rank of Captain to Brigadier in the Army and equivalent ranks in the Air Force and Navy, between 01.01.1986 to 01.01.2006.
  • The matter was argued by the Ld. Solicitor General for India on behalf of UOI and defended by Gp Capt Karan Singh Bhati, Advocate-on-record and Ms Aishwarya Bhati, Advocate-on-record on behalf of a large number of individual officers and Retired Defence Officers Association.
    Ms. Aishwarya Bhati
    Advocate-on-Record
    Supreme Court of India.
    18 Todermal Road,
    Bengali Market,
    New Delhi-1
    LANDMARK DAY FOR DEFENCE OFFICERS- RANK PAY CASE - AISHWARYA
  • No One Rank One Pension

    Aug 09, 2012 at 03:48pm IST
    No 'one rank one pension' for ex-servicemen, say sources
    New Delhi: In what is likely to be a big disappointment for the ex-servicemen community, the PM-appointed pay panel is unlikely to recommend One Rank One Pension. Sources have told CNN-IBN that the panel led by the Cabinet Secretary is keen to push for the concept of modified parity, which means new pay grades will be fixed specifically for pension purposes.
    It is likely to agree on common pay scales for Junior Commissioned Officers and ORs, enhancement of widow pension, and a green signal for Non-Functional upgradation to commissioned officers.
    No 'one rank one pension' for ex-servicemen, say sources- IBN Live
    Comment: With Chidambaran as FM, the OROP is not likely to be granted. The UOI must be contemplating as to how to neuter the Rank Pay ruling by the Supreme Court- Clearly it is case of ill-treatment of armed forces by bureaucrats which was amply brought out by the Judges. This modified pension parity is a ruse to dump the Armed Forces.

    Rank Pay liable since the Pay Commission came into force in 1986

    Pay rank pay liable since ’86 to armed forces: SC to Govt
    TUESDAY, 04 SEPTEMBER 2012 23:22 PIONEER NEWS SERVICE | NEW DELHI
    In a landmark decision, the Supreme Court on Tuesday directed the Centre to re-fix the pay of defence personnel retrospectively from January 1, 1986 including the component of rank pay that was wrongly denied to them since the Fourth Pay Commission.
    A three-judge bench of Justices RM Lodha, TS Thakur and AR Dave directed the Centre to pay the rank pay liable since the Pay Commission came into force in 1986. In abiding by the court order, the exchequer could face a financial liability of close to `1,500 crore as the court even asked the Centre to award annual interest of six per cent to be calculated from January 1, 2006. This order would apply to roughly 20,000 officers of the Army, Navy or Air Force, both serving and retired, irrespective of whether they filed petition in court or the Armed Forces Tribunal. The court even fixed a time-period of 12 weeks for the Centre to comply with its order.
    The order is sure to boost the morale of the defence forces, who were denied the rank pay despite being entitled for it since 1986. The matter was first raised by Major AK Dhanpalan before the Kerala High Court, which detected the anomaly and found no justification with the Centre’s decision to deduct the rank pay. The rank pay, as the name suggested, was a sum fixed for each rank beginning from Captain to Brigadier, and the corresponding ranks in the Navy and Air Force. For Captain, an additional amount of `200 would get added to his monthly income as rank pay, it followed an ascending order as per the ascension in rank. For instance, Major rank officer was to get `600, Lt Col and Colonel to get `800 and Brigadier to get `1200 per month.
    With Dhanpalan’s case serving as the basis, several officers approached the High Court, causing the matter to come up till the Supreme Court which too decided in favour of the defence forces through its order of March 8, 2010. The court not only directed re-fixation of pay from January 1, 1986 but burdened the Centre with six per cent interest from that date onwards. For this reason, the Centre moved an application seeking recall of the order.
    Solicitor General RF Nariman impressed upon the bench that granting rank pay with interest would cause a huge financial burden on the Government. But the court went by the purpose behind the rank pay provision that was to encourage persons to join the Armed Forces and provide parity in their salaries with their civilian counterparts. The denial of the same was seen by the court and by the defence officers as ill-treatment of armed forces by bureaucrats.
    The Retired Defence Service officers, who were represented by senior advocate Mahabir Singh, Aishwarya Bhati and BB Trikha, informed the court that the Defence Ministry had pursued the application to modify the March 8, 2010 order despite opposition from the Chiefs of Staff Committee and the three Service chiefs.
    Pay rank pay liable since ’86 to armed forces: SC to Govt

    Rising Suicides by Jawans

    Thursday, September 6, 2012, Chandigarh, India
    Alarmed at rising suicides by jawans, Antony to consult Services
    Tribune News Service
    New Delhi, September 5, 2012
    Alarmed at seeing almost 100 Army soldiers commit suicide annually since 2006, Defence Minister AK Antony has asked the three Services to come up with additional suggestions to improve living conditions and methods to curb suicidal tendencies among jawans.
    He has asked the Vice-Chief’s of the three services, the Defence Secretary and the head of the Defence Institute of Psychological Research (DIPR) to be present at a brain storming session tomorrow.
    Sources said the latest trigger to Antony’s reaction is the August 8 suicide of a jawan of the 16th cavalry regiment. Arun V, who hailed from Thiruvananthapuram, committed suicide with his service weapon. The incident occurred in the Samba sector of Jammu and Kashmir. His angered mates later raised slogans against officers and surrounded their residences in protest. The Army has ordered a Court of Inquiry into the incident. The jawan had been reportedly refused leave to go home.
    In 2010, the DIPR was tasked to provide parameters to enable officers to identify and spot the “at risk” soldiers. One of the studies was a psychological autopsy of suicides.
    In all, 1,018 soldiers have committed suicide since 2003. This year alone, 62 suicides have been reported in the forces till July 31. The number of suicides over the past few years is: 2003 (96), 2004 (100), 2005 (77), 2006 (129), 2007 (118), 2008 (123), 2008 (96), 2010 (115), 2011 (102).
    Antony told Parliament last month “the major causes of suicides were domestic problems, marital discord, stress and financial problems”.
    In the past, the government has taken several steps to prevent such incidents. These included counselling, improvement in food and clothing, married accommodation, leave concession, air travel for movement of troops from border areas and establishing a grievance redressing mechanism in states.
    Senior officials, however, admit the number of suicides is worrisome, especially when several steps have been initiated over the past few years to improve the quality of life for the troops.
    Alarmed at rising suicides by jawans, Antony to consult Services

    Wednesday, September 5, 2012

    Rank Pay: NDTV Special Report

    Armed Forces win long standing pay battle in Supreme Court
    Written by Nitin Gokhale, Edited by Abhinav Bhatt | Updated: September 04, 2012 20:27 IST
    New Delhi: The armed forces won a landmark victory in their long standing battle to get an anomaly in fixation of pay scales for commissioned officers noticed in the 4th Pay Commission.
    The Supreme Court today ordered payment of rank pay arrears to all affected officers estimated to number over 20,000 with effect from January 1, 1986.
    The government had been told the pay the arrears within 12 weeks. According to sources, the total outgo to government in making this payment will be over Rs. 1500 crore.
    Military lawyers told NDTV that historically the most important litigation involving the military has culminated today.
    The Supreme Court decided not to interfere in its earlier decision granting the cumulative benefits and arrears of Rank Pay with effect from 01-01-1986 to all affected officers.
    It said the benefits shall be released to all officers irrespective of whether they had approached a judicial forum or not.
    According to Major Navdeep Singh who specialises in military cases, this matter was carried over from the 4th Central Pay Commission (CPC) when an integrated pay scale of Rs. 2300-5100 was implemented for officers from the rank of 2/Lieutenant to Brigadier. In addition, rank pay was authorised to officers from the rank of Captain to Brigadier ranging from Rs. 200 to 1200 which was to be added into the basic pay for all intents and purposes.
    However, while fixing the pay in the new scales, an amount equal to the rank pay was deducted from the emoluments resulting in financial loss to all affected officers. Hence all officers holding the rank of Captain to Brigadier as on 01-01-1986 suffered cumulative losses, Major Navdeep Singh says. The Kerala High Court in a case filed by Major AK Dhanapalan had termed illegal this deduction of rank pay.
    Soon thereafter, many similar petitions were filed in various High Courts all over the country which were clubbed together and transferred to the Supreme Court.
    The Supreme Court had on March 8, 2010, upheld the Kerala High Court verdict and granted relief to all similarly placed officers.
    Things were, however, not to end there since the government constituted a committee to look into the amount involved and went back to the Supreme Court by filing an application for recall of the order dated March 8, 2010 on the grounds that the monetary outgo will be a big burden on the exchequer and also stating therein that many more issues on the subject were not taken into consideration by the Court and hence the order needed to be recalled, Major Navdeep explained.
    The biggest credit, he says should go to Retired Defence Officers' Association (RDOA) who had been unflinchingly following up the matter with great zeal in a very objective and balanced manner.
    Armed Forces win long standing pay battle in Supreme Court

    Rank Pay: 20,000 Armed Forces Officers to get arrears

    20,000 army officers to get pay arrears
    Published: Wednesday, Sep 5, 2012, 9:00 IST | Updated: Tuesday, Sep 4, 2012, 23:55 IST
    By DNA Correspondent | Place: New Delhi | Agency: DNA
    Giving a major boost to the morale of a section of armed forces officers who have been awaiting payment of arrears on account of the Fourth Pay Commission report, the Supreme Court on Tuesday dismissed a Central government’s application that had contested a Kerala high court ruling on the matter.
    A three-judge bench of Justices R M Lodha, TS Thakur and Anil R Dave also directed the Union government (ministry of defence) to pay a six per cent annual interest (only from Jan 2006) along with the arrears of revised pay scales since January 1, 1986 within three months.
    According to an estimate, the ministry of defence may have to cough up about Rs 1,620 crore in the payment of arrears to nearly 20,000 officers who have suffered due to faulty fixation of their rank pay.
    This direction in an off shoot of an application filed by the Union government seeking a relook at the top court’s earlier order that had upheld the pay fixation.
    The commission recommended a hike in salary ranging between Rs 200 and Rs 1,200 from the ranks of Captain to Brigadier. The commission had justified this hike saying it’s essential to add the financial incentives in the pay packet of the hard-pressed forces.
    However, the government was averse to this finding and it deducted the additional amount from the officers’ existing pay scale.
    The bench has directed the Armed Forces Tribunal to dispose of all the petitions filed by the aggrieved officers in the light of its judgment.
    The officers had contended that there was a wrong fixation of rank pay awarded by the Fourth Pay Commission in which the element of rank pay was introduced for all ranks from Captain to Brigadier in the army and their equivalent ranks in the air force and navy, in addition to pay in the integrated scale. However, at the time of fixation, the rank pay was first deducted to arrive at the total emoluments and thereafter added after fixation in the integrated scale. This ensured that the final fixation of the total pay of the officer became at par with his civilian counterpart and the edge was neutralised during fixation.
    The rationale of this was to make the armed forces an attractive career option and to continue the edge that was always provided to the defence officers vis-à-vis their civilian counterparts, owing to the difficult and challenging nature of job profile.The officers had contended they got a raw deal from the bureaucrats who have systematically worked on ensuring that the historic edge defence officers had with respect to their civilian counterparts is first neutralised and eventually reversed.
    With inputs from agencies
    20,000 Armed Forces Officers to get arrears
    Relief to thousands of officers Bhartesh Singh Thakur, Hindustan Times
    Chandigarh, September 04, 2012
    Comment:The then Expenditure Secretary who was a smart A.. needs to be punished and taken to task for cheating the Armed Forces of their legitimate pay. MOD and spineless AHQ are responsible for degrading the Officers of Rank Pay.

    Rank Pay: RDOA Rides High: Supreme Court Confirms its 2010 Order

    REPORT MY SIGNAL
    GREAT NEWS FOR ALL RETIRED DEFENCE OFFICERS - WE HAVE WON THE RANK PAY CASE IN SUPREME COURT
    HEARTIEST CONGRATULATIONS TO ALL RETIRED DEFENCE OFFICERS
    IN PARTICULAR TO THE RETIRED DEFENCE OFFICERS ASSOCIATION
    WHO HAVE FINALLY WON THE CASE OF RANK PAY IN SUPREME COURT ON 04 SEP 2012.

    THE SOLICITOR GENERAL FOUGHT TOOTH AND NAIL NOT TO ALLOW THE CASE. AND THEN TO ALLOW RANK PAY ONLY TO THOSE WHO WERE PART OF THE RETIRED DEFENCE OFFICERS ASSOCIATION.

    LT COL BK SHARMA, CHAIRMAN RETIRED DEFENCE OFFICERS ASSOCIATION AND HIS ABLE LAWYER AGAIN ARGUED VERY STRONGLY AND GOT THE RANK PAY CASE APPROVED FOR ALL RETIRED DEFENCE OFFICERS, WHETHER MEMBER OF THE RETIRED DEFENCE OFFICERS ASSOCIATION OR NOT.

    GOVERNMENT HAS TO PAY ALL ARREARS WITHIN 12 WEEKS OF PASSING THE ORDER.
    INTEREST ON ARREARS WILL BE PAID WITH EFFECT FROM 01 JAN 2006 AND NOT FROM 01 JAN 1986 AS SHOULD HAVE BEEN.

    IT IS A GREAT JOB DONE BY LT COL BK SHARMA, CHAIRMAN RETIRED DEFENCE OFFICERS ASSOCIATION AND HIS ENTIRE TEAM OF THE ASSOCIATION.

    ON BEHALF OF YOU ALL I CONGRATULATE LT COL BK SHARMA AND HIS ENTIRE TEAM FOR HAVING WON THIS CASE INSPITE OF THE BABUS TRYING THEIR LEVEL BEST TO DEFEAT US AND EMPLOYING UNFAIR MEANS.

    FURTHER DETAILS WILL FOLLOW AFTER COPY OF THE COURT ORDER IS RECEIVED.
    SATYAMEV JAITE
    EMAIL ID OF LT COL BK SHARMA IS - beekay_sharma49@yahoo.co.in
    I am sure you will give this information widest possible publicity.
    In service of the Retired Personnel of All Ranks of the Armed Forces of India
    Chander Kamboj

    Solicitor General Spins the Supreme Court for four hours

    Tuesday, September 4, 2012
    IV CPC RANK PAY CASE AS ON 04 SEPT 2012
    The IV CPC Rank Pay Case was finally heard today ie 04 Sept 2012, in Court no 7, in the court of Hon’ble Justices RM Lodha, TS Thakur and Anil S Dave. The appeal file by UOI for recall of order of the Hon’ble Court dated 08 March 2010 was dismissed by the Court. The court upheld its order of 08 Mar 2010. The Solicitor General spent marathon four hrs to convince the court about the legitimate deduction of the rank pay but was not able to justify the deduction of rank pay and as to fitment of pay of Armed Forces officer vis a vis a civilian offr drawing same basic pay as on 1/1/1986.
    The said order will be applicable to all affected offrs of the Armed Forces (AF) wef 01/01/1986 to 01/01/2006 across board. It would also be applicable to all pending cases in various courts and AFT’s across the country on the subject case.
    The interest will be applicable @ 6% wef 01/01/2006 and not 1986. This is the only change made by the court. The court has also directed that all arrears should be paid within outer limit of 3 months from today ie 04 Sept 2012.
    So, the pay and pension of all affected officers of the AF are set to revise from 01/01/1986.
    Finally Three Cheers!! SATYAMEV JAYATE
    IV CPC RANK PAY CASE AS ON 04 SEPT 2012
    Comment: What will be impact of changes of Basic Pay of Fifth and Sixth PC's (1996 and 2006). Will the Government take ages for paying the arrears. The case has taken nearly 20 years, thanks to MOD, SLP's and friendly AG!

    LT Gen AS Narula Takes Over as New Commandant of Army Hospital (R&R)

    LT Gen as Narula Takes Over as New Commandant of Army Hospital(R&R)
    Lt. General AS Narula has taken over as the new Commandant of the prestigious Army Hospital(R&R), Delhi Cantt. A graduate from Stanley Medical College, Chennai, Gen Narula completed his MD (Medicine) from Armed Forces Medical College, Pune and DM(Nephrology) from the prestigious PGI Chandigarh.
    An eminent Nephrologist of National and International repute, Gen Narula has had a very illustrious career. He has been the head of Medicine department at Command Hospital (Central Command),Lucknow and Armed Forces Medical College (AFMC), Pune. As an able administrator, GeneralNarula has successfully commanded Base Hospital Delhi and has served as Additional DG in the office of DGAFMS.
    Prior to taking over as Commandant, Gen Narula was MG (Med) at Chennai. Gen Narula is also an eminent teacher par excellence with many national and international publications to his credit. DM/NN (Release ID :87318)
    LT Gen as Narula Takes Over as New Commandant of Army Hospital(R&R)

    Re-fix Defence Officers’ pay: Supreme Court: Rank Pay

    Re-fix Defence officers’ pay: Supreme Court
    LEGAL CORRESPONDENT The Hindu
    The Supreme Court directed the Centre on Tuesday to re-fix the pay of about 20,000 Defence officers from January 1, 1986, without deducting the rank pay and to pay them arrears.
    A three-judge Bench of Justices R.M. Lodha, T.S. Thakur and Anil R. Dave also directed the Centre to pay six per cent interest from January 1, 2006 to all the officers, irrespective of whether they had filed petitions before any of the High Courts or Benches of the Armed Forces Tribunal, within 12 weeks from Tuesday.
    The Bench directed that all pending petitions before High Courts or Benches of the Armed Forces Tribunal by similarly placed officers would be governed by this order. The Bench rejected the Centre’s application seeking the recall the order of the Kerala High Court, which in October 1998 found no justification in deducting the rank pay and directed the Centre to re-fix the pay.
    The core issue is the wrong fixation of rank pay awarded by the Fourth Pay Commission. The element of rank pay was introduced for all ranks from Captain to Brigadier in the Army and their equivalent ranks in the Air Force and the Navy, in addition to pay in the integrated scale. The rationale behind this was to make the Armed Forces an attractive career option and ensure that the defence officers continued to have an edge vis-à-vis their civilian counterparts, keeping in mind the difficult and challenging nature of their job. However, according to the officers, the rank pay was first deducted at the time of fixation to arrive at the total emoluments and thereafter added, after fixation, in the integrated scale.
    Consequently, the final fixation of the total pay of the officer became on a par with his civilian counterpart’s and the edge was neutralised.
    Major A.K. Dhanapalan was the first officer to challenge this erroneous fixation before the Kerala High Court. Thereafter, several petitions were filed by similarly placed officers in High Courts and before different benches of the Armed Forces Tribunal.
    After the High Court judgment, the Armed Forces and the Chiefs of Staff Committee had recommended against pursuing the litigation further in the Supreme Court. However, the Ministry of Defence chose to press the application for recall on several grounds, including a total financial liability of about Rs. 1600 crores.
    Re-fix Defence officers’ pay: Supreme Court
    How the MOD tried to Cheat the Military?
    Click here for blog posts on Rank Pay
    Comment: The interest component has been reduced by 20 years which in effect reduces our Rank Pay arrears by nearly 40%. This is a clever ploy played by AG and MOD to cheat the Military of the Rank Pay entitlement due from 1986 by claiming that the Government is a pauper and will go broke!.

    Rank Pay: Supreme Court Orders Payment

    TUESDAY, SEPTEMBER 4, 2012
    Rank Pay forms a part of basic pay, release arrears to affected officers : Supreme Court, today, 04 September 2012
    Perhaps historically the most important litigation involving the military has culminated today.
    A three judge Bench of the Hon’ble Supreme Court today decided not to interfere with its earlier decision granting the cumulative benefits and arrears of Rank Pay with effect from 01-01-1986 to all affected officers. However, the interest component has been modified and interest @ 6% per annum would now be admissible on the arrears from 01-01-2006 rather than 01-01-1986.
    All payments have been directed to be made within a period of 12 weeks from today and the benefits shall be released to all officers irrespective of whether they had approached a judicial forum or not.
    As many would be aware, after the 4th Central Pay Commission (CPC), an integrated pay scale of Rs 2300-5100 was implemented for officers from the rank of 2/Lt to Brig. In addition, rank pay was authorised to officers from the rank of Capt to Brig ranging from Rs 200 to 1200 which was to be added into the basic pay for all intents and purposes.
    However, while fixing the pay in the new scales, an amount equal to the rank pay was deducted from the emoluments resulting in financial loss to all affected officers. Hence all officers holding the rank of Capt to Brig as on 01-01-1986 suffered cumulative losses.
    The Hon’ble Kerala High Court in a case filed by Maj AK Dhanapalan had termed illegal this deduction of rank pay. The SLP filed by the Union of India was also dismissed, albeit not on merits but on technical grounds of limitation.
    Soon thereafter, many similar petitions were filed in various Hon’ble High Courts all over the country which were clubbed together and transferred to the Hon’ble Supreme Court to be heard alongwith an SLP of similar nature which had arisen out of a case that was allowed on the basis of the judgement in Dhanapalan’s case. The Hon’ble Supreme Court on 08 March 2010 upheld the said verdict and granted relief to all similarly placed officers alongwith an interest of 6%.
    Things were however not to end there since the Govt constituted a committee to look into the amount involved and went back to the Hon’ble Supreme Court by filing an application for recall of the order dated 08 March 2010 on the grounds of burdening of the exchequer and also stating therein that many more issues on the subject were not taken into consideration by the Court and hence the order needed to be recalled.
    The case thereafter remained pending before the Hon’ble Supreme Court and was finally argued today when the Hon’ble Court, after hearing marathon arguments of the Solicitor General appearing for the govt, decided that there was no infirmity in the order passed on 08 March 2010. As informed above, only the modification in the grant of the interest component was effectuated.
    The case was not without surprising developments which can now be shared since the issue no longer remains sub judice.
    First was the total incorrect and skewed presentation of the status and pay of military officers vis-à-vis officers of the civil services projected in the affidavit appended with the recall application filed by the Union of India. The speciousness thereof has already been discussed by me on the blog in November 2011 and all those falsities were exposed in the affidavit filed on behalf of the affected officers before the Hon’ble Court.
    Secondly, which can be disclosed now, is that when it was being projected by the Govt that the Services HQ were also in favour of getting the verdict recalled / reversed, the three services on the basis of a decision taken at the apex level, clearly, officially and categorically informed the Solicitor General in writing that the Armed Forces were not in favour of the matter being contested against the affected officers and in fact were in favour of getting the verdict of the SC dated 08 March 2010 implemented. Thereafter, the Ministry of Defence wrote to the Services HQ asking them to withdraw the communication to the Solicitor General, however to the credit of the Services, the said communication was ultimately not withdrawn. Besides showing utter disregard for the opinion of the services in this matter, this incident also shows as to how the MoD tries to browbeat the services into accepting its views. Needless to state, in litigation, one party to a particular litigation can never direct another to take a particular stand. However this has been continuing unabated in the MoD wherein they force the Services to reflect the stand of the MoD before Courts and not project their (services’) independent views as is permissible under law. And unfortunately, it’s also seen that elements of the JAG Branch usually toe the line of the MoD rather than the Services.
    The biggest ‘Thank You’ for this win goes to Retired Defence Officers’ Association (RDOA) who had been unflinchingly following up the matter with great zeal in a very objective and balanced manner.
    Jai Hind.
    Posted by Navdeep / Maj Navdeep Singh at 5:17 PM
    Rank Pay forms part of basic Pay: Supreme Court
    Related Blog Posts:
    GOI prays before the Supreme Court
    Supreme Court Restores Rank Pay denied to Military since 1986
    Comment: MOD which tried to cheat the Military of Rank Pay since 1986 has been finally ordered by Supreme Court to pay arrears and interest from 2006. Will the MOD skirt the issue with another appeal? Money has gone down the drain in Coalgate and such like scams. Is the Government being robbed of the National wealth and now declared a pauper that it cannot pay its Soldiers?

    Tuesday, September 4, 2012

    Club for Jawans: Bridging gap between Officers and Men

    Club for Jawans: Army's attempt to abolish the relics of British Raj
    Ajay Sura, TNN | Sep 3, 2012, 01.45PM IST
    CHANDIGARH: In a serious attempt to do away with much of its colonial trappings in the 1.5 million strong 'hierarchy conscious' Indian army, the western command has opened a recreational club for the junior commissioned officers (JCOs) and Jawans-a facility, which was confined to the officers' class till date.
    The state of art institute opened last week by chief of army staff, General Bikram Singh, is the first of its kind in the country in terms of standards, where Junior Commissioned officers/other ranks and their families would avail the facilities under one roof such as restaurant, gymnasium, library, cyber cafe conference hall and indoor games.
    Development is seen as an attempt to bridge the gap between the officers and others ranks at a time when Army's colonial-era institutions are generating a crisis within its ranks. Earlier in the first week of May this year, the Army had announced that it was considering doing away with the colonial-era practice of sahayak or batmen, where soldiers are assigned to serve as valets.
    Importantly, navy and air force had already such facilities for its JCOs/ORs rank but hierarchy-conscious army had not taken any initiative in this concerned and was yet to waken up from the 'colonial way' where white officers were being separated from the local soldier.
    The newly opened recreational club at Chandimandir cantonment for soldiers has been named as 'Jadunath Sainik Institute'. Naik Jadunath of army fought the Indo-Pakistani War of 1947, where Pak irregular had attacked Indian territories in Jammu & Kashmir. He died in the battle and was later awarded with country's highest gallantry award--- the Param Vir Chakra (PVC). Sources confirmed TOI that army is going to set up more such institutes across the country for its lower rung troops.
    Till date, most of the cantonment and cities have institutes/clubs meant for officers only, where officers and their families are members for recreational activities.
    Terming the development as 'winds of change' in the army, the defence fraternity is of the view that rule and regulations should change as per change of social and economical changes in the society.
    Major General K S Bajwa, an officer of first batch of IMA, commissioned just before the India attained independence, said, "Today's jawan is well educated, more inspirational, having better expectation of life and the move would give them a sense of belongingness".
    While terming the move as farsighted with large implications on troops, Gen Bajwa said that it would help in curbing the incidents that has occurred recently creating conflicts within ranks.
    Club for Jawans: Army's attempt to abolish the relics of British Raj

    Govt to retire non-performing bureaucrats

    Tuesday 04 September, 2012.DD News
    In order to maintain a high standard of efficiency in governance, the Centre is reviewing the performance of all-India service officers and has asked the state governments to carry out similar exercises so that non-performing officials could be retired from services.
    Assessment of the performance of Indian Administrative Service (IAS), Indian Police Service (IPS) and Indian Forest Service (IFS) officers, who have completed at least 15 years of service, has already been started, a Department of Personnel and Training (DoPT) official said.
    "DoPT has begun review performance of IAS officers and also asked the state governments to do so. The aim behind this exercise is to check on non-performing officers and guard departments against the operation of the 'Peter Principle'... The states are given a maximum of six-month time to carry out this exercise," he said.
    The 'Peter Principle', coined by psychologist Laurence J Peter and Raymond Hull in 1969, is a belief that in an organisation where promotion is based on achievement, success, and merit, the employees there will eventually be promoted beyond their level of ability. In common parlance, the principle is also phrased as "employees tend to rise to their level of incompetence".
    In January, the Centre had amended Rule 16 (3) of all- India services rule which allowed a performance review only after completion of 30 years of qualifying service.
    The new rules gives powers to the government to give retirement to these officers in "public interest" after at least 15 years in the job.
    The government can again carry out such review after the officer completes 25 years of service or attains the age of 50 years.
    "The Centre may also hold a meeting of state governments after the review to decide on the fate of the non-performing bureaucrats," the official said, adding that the detailed modalities on the exercise will be worked out in coordination with Ministry of Home Affairs, Ministry of Environment and Forests and Union Public Service Commission.(ST-03/09)
    Govt to retire non-performing bureaucrats

    National War Memorial

    National War Memorial, at last
    The ‘Unknown Soldier’ deserved it
    by Lt-Gen Harwant Singh (retd)
    IT is more than half a century since the proposal to build a national war memorial at a suitable place in New Delhi was mooted by the defence services. All this time the proposal was being put off for no valid reason. It had been a sustained attempt by successive governments in the Capital to keep the military in the background and, as a policy, never to give due recognition to its services and highlight the achievements and sacrifices made to the nation. The bureaucracy, with a view to keeping the military suppressed, has succeeded in injecting into the political executive the fear of a military takeover of the country. The developments in the neighbouring countries served to reinforce such fears in the minds of the political class.
    The media’s role has been anything but laudable. At another level, there has been complete apathy on the part of the public at large and the so-called civil society for building a National War Memorial. After all, it is for the protection and safety of people of this country that these gallant men gave up their lives. Therefore, the idea of National War Museum has been a victim of this policy and attitude of indifference.
    India has been the scene of innumerable battles, yet it never evolved a military tradition and resources enough to meet the challenge from invading armies. The soldier was seldom given recognition for his valour and sacrifices. Nations that value freedom and abhor foreign rule remember and honour those who sacrifice their lives for the defence of the country. They honour their martyrs in all possible ways as also build memorials to acknowledge their sacrifices. Unfortunately in India, there has been no tradition or practice to raise memorials to honour those who sacrificed their lives in defence of this land and commemorate battles in which they fell.
    The concept of raising war memorials as such was, perhaps, first introduced in India by the British. Some historians have tried to classify the Qutab Minar in Delhi, the Victory Towers in Chittorgarh and Tughlakabad (down South) as a sort of memorials, but that claim is contestable. These were more to honour and highlight the achievements of the king or the conqueror than the common soldier. However, in other parts of the world the tradition of raising memorials in one form or the other has been in vogue from prehistoric times — in the form of ‘Burial Mounds’, ‘Obelisks’, crosses, the female figure as a symbol of victory, statues, structures, arches, etc.
    It was the shattering experience of World War I that set in motion the urge to build memorials all over — in every town and village in Europe and elsewhere. In addition to these innumerable memorials, each of these countries, whose soldiers took part in this war, built national war memorials at the most appropriate places. In England, it is next to Whitehall in the heart of London. It is around this time that the concept of an “Unknown Soldier” was evolved and national memorials started being dedicated to him. Arch-de-Triumphe in Paris is the most prominent memorial; it is at this place that the idea of an “Unknown Soldier” was first put into practice. An “Unknown Soldier” lies buried in the Arch complex.
    The British built a number of war memorials to commemorate their battle victories against Indian troops. The last great memorial they built to honour the Indian soldiers who fell in World War I is India Gate in New Delhi. While it has the names of all those who laid down their lives in this Great War, on the gate (a memorial arch) are also the manes of British officers who were killed in the NorthWest Frontier. Though some smaller memorials were built in the North-East to honour those who fell defending India against the Japanese offensive across Burma during World War II, no main war memorial could be built to honour the killed Indian troops. Thus, there is no memorial for Indian troops who sacrificed their lives during this war. Many of them had died defending India against the Japanese and others in North Africa and Italy to defend freedom.
    India has fought a number of wars since Independence where thousands of soldiers (the term “soldiers” includes airmen and sailors and their officers) died but their sacrifices have never been properly recognised. Therefore, the decision of the government to finally build a National War Memorial in New Delhi should be welcome. The approval to build it near India Gate is both befitting and laudable.
    This memorial needs to be dedicated not only to those who fell in the battles after Independence, including those of the Indian Peace Keeping Force during Operation Pawan in Sri Lanka, but also those who laid down their lives during World War II. The failure to do so will be a great injustice to the memory of those who sacrificed their lives in that great struggle.
    The monument to be thus constructed must be of a grand design and scale, befitting the valour and sacrifices of those whose memory it aims to perpetuate. It must match India Gate in design, scale and grandeur. It ought to portray the unwavering loyalty, devotion and dedication of the Indian soldier (which includes airmen and sailors) to the country. It would be a place where all visiting dignitaries must be taken to pay homage to the “Unknown Soldier”. Some suggestions are doing the rounds that it should have a statue of a particular Indian general. National War Memorials as such never have a statue. There may be statues of a group of soldiers involved in some activity related to their deeds of valour, etc. National War Memorials are invariably dedicated to the “Unknown Soldier”, “The lads who took the copje (rocky outcrop) and are not known.”
    The Tribune: National War Memorial, at last

    Monday, September 3, 2012

    Swift action needed on armed forces pay parity

    Scuffle between Officers and Jawans: click here for details
    Swift action needed on armed forces pay parity
    By The New Indian Express 01st August 2012 11:59 PM
    Navy Chief Admiral Nirmal Kumar Verma has raised a valid objection by pointing out to defence minister A K Antony that there is no representation of military in the four-member committee set up by prime minister to take a final view on the demands of the armed forces for pay parity and other benefits. The committee was set up following a grim reminder to the prime minister from Antony that the service personnel, ex-servicemen and family pensioners were agitated over anomalies in salaries and if immediate corrective action was not taken things may take a bad turn. Ironically the panel is headed by the cabinet secretary and comprises only senior bureaucrats — a group which the armed forces suspect are responsible for the government dragging its feet on the issue for the last many years.
    The military has valid reasons to suspect that the civilian bureaucracy cannot be trusted to resolve the issue equitably and expeditiously. Records dating back to almost four years show that Manmohan Singh had approved the proposal for setting up a high powered committee to redress their grievances long back but the babus in the central secretariat managed to stall it till Antony virtually warned him of the consequences of further delay.
    The manner in which the officers serving the armed forces have been downgraded has already led to a yawning chasm between them and the civilian bureaucracy. Recent controversies during the last year of former Army Chief, V K Singh, have demonstrated how demoralising these could be for the men in arms who have valiantly defended India against foreign aggressions and internal insurgency at great cost of men and material. Yet the government has failed to address the issues of pay anomalies raised by the armed forces since the report of the sixth pay commission of 2008 till date. This is an unacceptable situation. The technocrat prime minister should rise above his usual bureaucratic approach to resolve the crisis. Representatives of the armed forces must be given due weightage in the process of this resolution.
    Swift action needed on armed forces pay parity

    One Rank One Pension: Pay and Pension Grievances of Military

    THURSDAY, AUGUST 30, 2012
    One Rank One Pension: Pay and Pension Grievances of Military
    As per PIB Release ID No. 87037 related matter again knocked in Rajya Sabha and same reply submitted by MoD, which was already submitted in Lok Sabha on 27th August [click here to see]. The full details of Lok Sabha query is also reproduced here:-
    PIB Release 87037: Click here
    Ministry of Defence 30-August, 2012
    Committee to Look into Pay and Pension Grievances of Military
    The Committee chaired by Cabinet Secretary is comprised of Principal Secretary to the Prime Minister; Defence Secretary; Secretary, Department of Expenditure; Secretary, Department of Ex-Servicemen's Welfare and Secretary, Department of Personnel and Training. Consequent to change in charge of the then Secretary, Department of Expenditure to Department of Revenue, Secretary, Department of Revenue has also been co-opted as a Member of the Committee. Chief of Naval Staff & Chairman, Chiefs of the Staff Committee made a presentation to the Committee. The Committee further interacted with all the Service Chiefs (Chief of Naval Staff & Chairman, Chiefs of the Staff Committee; Chief of Air Staff and Chief of Army Staff). The recommendations of the Committee have been submitted to the Prime Minister.
    This information was given by Defence Minister Shri AK Antony in a written reply to Shri Arvind Kumar Singh and others in Rajya Sabha today.
    **** Source Link: http://pib.nic.in/newsite/erelease.aspx?relid=87037 To see an interested guest article "Leave it to the experts" published by Hindustan Times **[Click here]**
    Full details of Lok Sabha Q&A dated 27th Aug, 2012
    GOVERNMENT OF INDIA MINISTRY OF DEFENCE
    LOK SABHA
    PAY AND PENSION MATTERS OF PERSONNEL
    UNSTARRED QUESTION NO 2514 by Shri M. B. RAJESH, GANESH SINGH, EKNATH MAHADEO GAIKWAD, N.S.V. CHITTHAN, ASADUDDIN OWAISI, NEERAJ SHEKHAR, ANAND PRAKASH PARANJPE, YASHVIR SINGH, KAPIL MUNI KARWARIYA, KHATGAONKAR PATIL BHASKARRAO BAPURAO, PARTAP SINGH BAJWA, MANICKA TAGORE & S. RAMASUBBU
    Will the Minister of DEFENCE be pleased to state:-
    (a) whether the Committee, recently constituted by the Government, to look into the pay and pension related matters of serving and retired defence personnel has submitted its report;
    (b) if so, the composition of the Committee including the recommendations made by them in this regard;
    (c) whether the Committee included the representatives of the three Services of the armed forces and also the Ex-servicemen and if not, the reasons therefor; and
    (d) the steps being taken by the Government on the recommendations made by the Committee?
    ANSWERED ON 27.08.2012
    ANSWER by MINISTER OF DEFENCE (SHRI A.K. ANTONY)

    (a) to (d): The Committee chaired by Cabinet Secretary is comprised of Principal Secretary to the Prime Minister; Defence Secretary; Secretary, Department of Expenditure; Secretary, Department of Ex-Servicemen’s Welfare and Secretary, Department of Personnel and Training. Consequent to change in charge of the then Secretary, Department of Expenditure to Department of Revenue, Secretary, Department of Revenue has also been co-opted as a Member of the Committee. Chief of Naval Staff & Chairman, Chiefs of the Staff Committee made a presentation to the Committee. The Committee further interacted with all the Service Chiefs (Chief of Naval Staff & Chairman, Chiefs of the Staff Committee; Chief of Air Staff and Chief of Army Staff). The recommendations of the Committee have been submitted to the Prime Minister.
    Read more: Click here to read more

    Leave it to the experts
    August 29, 2012, Hindustan Times
    First Published: 21:26 IST(29/8/2012)
    The term 'civil-military relations' describes the relationship between civil society as a whole and the military organisations established to protect it. In all democracies, the military leadership is part of the decision-making process, especially on defence and national security issues. But not in India, where the bureaucracy is supreme despite the fact that it lacks the know-how on such issues. This results in chaos, communal disturbances and terrorist attacks from within and across the borders.
    The chairman of the Chiefs of Staff Committee (COSC), Admiral Nirmal Verma, stated in an article that the crux of the problem lies in the fact that the service chiefs remain "non-persons" in the edifice of the government. The background to this anomaly is found in two volumes of business rules, issued under the constitutional powers of the president in 1961. They state that the responsibility for India's defence and its preparation has been vested in the defence secretary. The three service chiefs are not allocated any responsibilities by these rules.
    Recently, the defence minister visited the troops deployed on the Line of Control (LoC) to assess their morale. He was shocked to learn that there was discontentment among the soldiers because they earn less than their counterparts in civil and paramilitary forces. The defence minister wrote to the prime minister suggesting that "things may take a bad turn" if a timely corrective action is not initiated.
    Consequently, the prime minister, in his Independence Day address, announced the setting up of a committee to recommend reforms for the defence forces. The main issues being looked into by the committee include the elevation of all Lt-Gen rank officers to a higher pay scale, increased pension and the 'one rank one pension' (OROP) demand of ex-servicemen. It should be noted that the committee on OROP set up under cabinet secretary Ajit Seth was supposed to submit its report to the PM by August 8. But it has been delayed. Further, the six-member committee is composed only of babus and has no representatives from the armed services.
    Previously, recommendations on OROP have been made by the three parliamentary committees on defence and one Rajya Sabha petition committee on OROP. But the PM still consults a committee of bureaucrats on the issue. The I-Day address of the prime minister will not amount to much because delays are expected from the bureaucracy. The defence forces may have to wait till the formation of the next government in 2014 to get their due - that is, if selfless and honest MPs are elected.
    PK Vasudeva is a defence analyst and commentator
    The views expressed by the author are personal
    Leave it to the experts
    Comment: The Babus have become Military Experts- since when? Only the Chinese can teach the Politicians and Babus the art of war!

    Sunday, September 2, 2012

    Pay Anomaly in 6th CPC for Armed forces personnel

    WEDNESDAY, AUGUST 22, 2012
    Pay Anomaly in 6th CPC for Armed forces personnel
    Ministry of Defence 22-August, 2012
    Correcting Anomalies in Sixth Central Pay Commission
    Recommendations of the Sixth Central Pay Commission and several improvements made thereon by the Government have been largely well received by the armed forces personnel including ex-servicemen. Some issues regarding service conditions, pay, pension and allowances have subsequently been received. These issues are examined by the Government on case to case basis.
    In the matter relating to retirement benefits, an Anomaly Committee was set up under the Chairmanship of Secretary (Defence/Finance). This Committee identified some anomalies which have since been addressed to by the Government.
    Improvement of service conditions, pay, allowances and retirement benefits of armed forces personnel is a continuous process. Recently, a Committee headed by the Cabinet Secretary has been set up to look into certain issues of relevance to the defence service personnel and ex-servicemen and to provide suitable recommendations.
    This information was given by Defence Minister Shri AK Antony in a written reply to Shri Mohd. Ali Khan in Rajya Sabha today. PIB
    Full Details of Rajya Sabha Q&A
    GOVERNMENT OF INDIA MINISTRY OF DEFENCE
    RAJYA SABHA
    UNSTARRED QUESTION NO-1133
    ANSWERED ON-22.08.2012
    Correcting anomalies in Sixth Central Pay Commission
    1133. SHRI MOHD. ALI KHAN
    (a) whether Government is making all efforts to do away with the certain anomalies in the Sixth Central Pay Commission affecting retired and serving Army personnel; and
    (b) if so, the details thereof and the steps taken so far for each cadre?
    ANSWER MINISTER OF DEFENCE (SHRI A.K. ANTONY)
    (a) & (b): Recommendations of the Sixth Central Pay Commission and several improvements made thereon by the Government have been largely well received by the armed forces personnel including ex-servicemen. Some issues regarding service conditions, pay, pension and allowances have subsequently been received. These issues are examined by the Government on case to case basis.
    In the matter relating to retirement benefits, an Anomaly Committee was set up under the Chairmanship of Secretary (Defence/Finance). This Committee identified some anomalies which have since been addressed to by the Government.
    Improvement of service conditions, pay, allowances and retirement benefits of armed forces personnel is a continuous process. Recently, a Committee headed by the Cabinet Secretary has been set up to look into certain issues of relevance to the defence service personnel and ex-servicemen and to provide suitable recommendations.
    Read more: click here

    Expected DA from July, 2012

    TUESDAY, JULY 31, 2012
    Expected DA from July, 2012 will be 7% after AICPIN of June, 2012
    As repeatedly mentioned and calculated in our previous posts that Dearness Allowance from July-2012 will be 72% now confirmed in view of All India Consumer Price Index Number [http://labourbureau.nic.in/indtab.html] for Industrial Workers (CPI-IW) on base 2001=100 for the month of June, 2012 increased by 2 points and stood at 208 (Two hundred & eight). Now according to AICPIN DA from July-2012 will be 72% i.e. increase of 7% from 65% to 72%.
    As per standard calculation shown below we may wait for formal announcement of increase in Dearness allowance paid to Central Government Employee and Dearness Relief for Central Government Pensioner in mid October, 2012 means after September, 2012. The arrears of Dearness Allowance for the month of July-2012, August-2012 and September-2012 may be drawn in October, 2012.
    Expected Dearness Allowance DA for July, 2012 calculated as under: Dearness Allowance = (Avg of AICPI for the past 12 months - 115.76)*100/115.76 DA from July 3012

    Corruption in Armed Forces: Sort out the Generals first

    CANARY TRAP: LET THE PEOPLE KNOW THE FACTS
    BY CT – JULY 27, 2012
    BY SHAILESH RANADE
    The past two years have been a disaster for the Armed Forces, especially the Army. The drubbing they have received is worse than nuclear explosion over Hiroshima during WWII. In five years flat, Japan was up and running and catching up with the developed economies. The Indian Armed Forces are not likely to recover any time soon. In fact the situation is likely to get worse. This is because the destruction is not of government property like ships, tanks, and aircraft but of the only asset that the military officer has – moral fibre. When the officer loses his moral fibre, he is not in the military anymore. He only dresses like a military officer.
    I hear arguments like, “the officers and men come from the same decaying Indian Society”. We don’t expect them to be honest, “when there is muck all around”. All these arguments are completely flawed. When a person joins the Academy as a Cadet, he is exposed to a culture which is completely different from the other careers that he can choose. If the same person were to choose Engineering, IT, Medical, Mass Media, Bollywood etc, he is in effect a part of the same decaying, scheming society that is run by the mafia and black money where cheating is the norm.
    Everything the military man does is different. He stays separate from civilian populations. His mess is different. He dresses differently. His eating habits are different. He excels in table manners. His hospitals will be of better standards. He has no problem with availability of bread and water. His cantonment will be the most beautiful and cleanest place in town. His justice system is different and more efficient. More importantly, his work is different. Often 24x7x365. He can be recalled from leave if required. In disturbed areas or in times of war, he may not return home to his family. He also gets a gun salute at his funeral and flags will be flown at half mast.
    The military man is made of different stuff and needs to be different. How is it that an “honest” Cadet turns into a “thief” General in 30 years? In fact I am willing to stick my neck out by stating that there are a lot more thieves in the higher ranks than have come out in the media. These are NOT aberrations any more. It is a trend. A disturbing trend, indeed.
    The fish rots at the head first. So it is with the Armed Forces. (In this piece, Generals also include Admirals and Air Marshals. There are many more corrupt Generals than the latter two, hence the generalization). To win the war on corruption, the country needs to sort out the Generals first.
    Thieving: It is often believed that Generals do not follow the rule book. When an Officer reaches the Flag Rank; he is free to do as he pleases. In fact it is his privilege, as some of his personal staff will mention. Mess Secretaries will often complain that Generals will take along tooth brush, toothpaste and bath room slippers when they vacate their rooms. When they vacate their houses, they will take along the carpets, curtains, and paintings etc which have been bought from Unit Funds. If the civilians don’t believe this, just watch what happens when the Flag Officers vacate their bungalows. It is brazen daylight robbery. Most Generals are simply petty thieves.
    Punishment: Generals are often not punished for their misdemeanors or professional misconduct. Punishment is restricted to middle levels like Brigadiers and Colonels. Enough cases come to my mind. The loss of INS Andaman and Vindhyagiri in peacetime did not see any Admirals sink. The Kargil War did not see any Generals get the boot. The crash of 482 MiGs over the last 40 years has not grounded any Air Marshal.
    ACRs: If a junior officer is ambitious to make it to Flag Rank, only two options are available. Either he has to be the son of a senior military or government officer or he has to hitch a ride on the shoulders on a General by becoming his Staff Officer or ADC. The other attributes in the ACR do not matter. To have an outstanding ACR, you need to please only one person – your boss. The reviewing officers who “concur” would probably not know the officer on whom the ACR is rendered or he is not being honest. It would be a good idea, to have 360 degree reporting. The men who you Command should know what kind of a person they are promoting to General rank. ACRs should also be publicized. If an officer has done some good work, then the Unit, Division or Command should know about it.
    Pay and Allowances: Military is the only career in the world where you can start only at the bottom. A person can never join the military at the level of a Brigadier or a Colonel. The reverse is possible. Enough military men have joined as Vice Presidents, General Managers, and Directors etc. Some have become entrepreneurs. I know of a JCO who is now a MD and employs 200 people. A few have joined politics. While a military man can join any profession he chooses, the reverse will almost certainly end in failure. Imagine hiring a Vice President from a top MNC Bank and making him the GOC of a Strike Corps or a Carrier Captain. The poor chap wouldn’t have a clue. The military man, by nature of his training is vastly superior and is often the last resort for any assistance. His pay and allowances therefore should not be linked to other sundry and mundane government jobs. If the military needs more pay, just give it without asking questions. Only a fool will chop his right hand. Can our Service Chiefs please speak up and convince the government? Incidentally, anyone ever heard of a Service Chief resigning to uphold the honour of his service or the welfare of his men?
    Warrant of Precedence (WoP): Much is said about the WoP. A four star General is currently at No 12. Does it really matter whether he is at 12 or 25? In the US, the Chairman, Joint Chiefs of Staff is at 50. In the UK, thanks to the Royalty, the Chief of Defence Staff is way behind. Since these are only Ceremonial positions, the pay and perks should not be linked to the Order of Precedence. It does not matter whether the General sits in the 1st row or 10th row. If a General who leads a million men into battle feels belittled, he may not attend such a function. But then he may forego his ambassadorship or governorship (next point).
    Post Retirement Sinecure: A scrutiny of the list of Governors in India tells one a lot about the kind of people occupying these positions. Are these “gifts” for services already rendered? Frankly would a General really relish the job of a Governor where he is not better than a glorified servant? A few years ago, an Admiral willfully demoted himself to the level of a lowly Joint Secretary to occupy a position in New Zealand. What happened to the honor code? What hints are the men in uniform getting? And then they have the gall to crib about Warrant of Precedence?
    Post Retirement Jobs: Senior Officers are expected to do something respectable once they hang their boots. They are expected to join professional bodies, give opinions, lecture on strategic issues, guide the youth, work for the under privileged etc. Instead we find that they have no qualms about pimping for arms lobbies and all kinds of nefarious activities. Flag Officers should be banned from positions in the Government and Private Sector. Give them a decent pension till they kick the bucket. If they want to make money as honest citizens, please leave the fauj as Colonels.
    Land/Estates: Senior Officers have suddenly become dalals when it comes to land deals. The Adarsh, Sukhna land scams are well known. There are other areas too where defence land has been grabbed by private parties only because the lording General was hand in glove with vested interests. Apart from the odd Colonel in Adarsh, all the Officers involved are Flag Officers. In fact there are 3 Service Chiefs in the Adarsh Scam. “At no time did they know what Adarsh was about” says one Chief. Really? How innocent? Speaks volumes about their situational awareness. These senior officers had the power to punish and dismiss personnel. Now they themselves are being marched before a Judicial Commission.
    Statutory Complaints and Court Cases: Ask any Major General or equivalent. He will say that the military is a glorious profession. And when he is not promoted further, all hell breaks loose. A glorious profession suddenly becomes the worst profession in town. Generals too miss promotions and choice appointments. What follows is a flurry of complaints and court cases. Why be a bad loser and wash dirty linen? Not getting promoted does not mean the end of life. But it shows our senior officers as selfish, self serving individuals.
    Generals are supposed to be held in awe. His every word is a Command. An order may even lead a jawan to his death. However, jawans these days are quite news conscious. They see their Generals spread-eagled on the front covers of national magazines. The Generals’ lack of morals greatly affects the morale of his juniors. In the future, jawans may begin to question every word of their senior officers. In fact the next war may have already been lost. The situation is critical. The next generation of Generals may well imbibe Tagore’s: “Where the mind is without fear and the head is held high”. Time to forget Chetwode.
    I am sorry if this piece hurts honest Generals. I am sure there would be a few still left.
    (The opinions expressed by the author and those providing comments are theirs alone, and do not reflect the opinions of Canary Trap or any employee thereof)
    Corruption in Armed Forces: Sort out the Generals first

    Corruption case: Maj Gen under the scanner

    Corruption case: Maj Gen under the scanner
    Press Trust of India / New Delhi August 30, 2012, 15:15
    The Army has been hit by yet another corruption case with a Major General coming under the scanner for alleged financial irregularities during his stint at the Udhampur-based Northern Command.
    Sources said the Maj Gen belonging to the Corps of Electrical and Mechanical Engineers (EME) has been asked to appear before an ongoing Court of Inquiry (CoI) against a Colonel.
    The CoI was ordered after allegations of misappropriation of funds through forged bills surfaced in the Northern Command.
    However, the Army Headquarters maintained that the Maj Gen has been summoned by the CoI only to appear as a witness and there was no separate investigation against him. The sources said the Colonel has claimed that he was only following the instructions of the Maj Gen.
    Another Maj Gen of the Army Services Corps in the Northern Command is facing a Court of Inquiry (CoI) for allegedly accepting bribe from a local contractor in supplies for formations deployed in Siachen and Jammu and Kashmir.
    In the last few years, the Army has seen a number of corruption cases involving Lt Gen-rank officers of which three have been court martialled already.
    Corruption case: Maj Gen under the scanner
    Comment: Most of the senior officers are physically unfit. One way of weeding out the corrupt senior officers board them out in large numbers.

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