Armed Forces Tribunal clarifies Liberal Family Pension

Armed Forces Tribunal orders pension to mother of jawan who died in Siachen Karthika Gopalakrishnan, TNN | Sep 22, 2011, 01.10AM IST

CHENNAI: A woman, whose 27-year-old armyman son died after contracting a fatal illness while serving at the Siachen Glacier, is still awaiting his pension. Pointing out that she is fully entitled to the benefits, the regional bench of the Armed Forces Tribunal in the city has directed the authorities to speed up the process. A bench of Justice A C Arumugaperumal Adityan, member (judicial), and Lt Gen (retd) S Pattabhiraman, member (administrative) passed orders.

Hellan Sagayamony from Nilgiris district had moved the tribunal when she did not get any relief even three years after her son's death. Her son A Stalin had enrolled as a sepoy in the Madras Regiment on January 28, 2002 and posted to high-altitude regions, including Siachen Glacier, between October and December 2007. While serving at the international border and the Line of Control, he developed breathing problems due to the extreme cold.

Though Stalin was given medical treatment by the doctor at the post, he was later evacuated to the field hospital where he was diagnosed with 'High-Altitude Cerebral Edema' (HACE) and placed on the "dangerously ill" list. He was transferred to the Command Hospital, Chandimandir in Haryana and then to the Army Hospital (Research & Referral), New Delhi on January 24, 2008. He died the next day due to spontaneous intra-cerebral hemorrhage.

With his death classified as "battle casualty", claims for liberalised family pension (LFP) and ex-gratia payment were made to the principal controller of defence accounts (Pension), Allahabad, but both were rejected on the ground that death was due to stress and strain and not due to climatic conditions.

LFP can be claimed when death takes place during action in a war, war-like operations, border skirmishes, operation against terrorists and other such actions. However, Stalin's dependents were sanctioned a special family pension, which is given when the cause of death is attributable to military service. The pension is lower than the LFP. An ex-gratia payment is made for death occurring due to accidents in the course of performing duties.

Passing orders, the bench referred to a government order (GO) issued by the ministry of defence on January 31, 2001 which said that disease contracted because of continued exposure to a hostile work environment was a condition under which one could claim LFP. Another GO issued on October 21, 1998 added that the ex-gratia amount had been enhanced from Rs 5 lakh to Rs 10 lakh.

Relying on both GOs: The bench ruled that Hellan Sagayamony was entitled to both allowances and directed authorities to expedite the relief within three months. Failing which, she would be entitled to 9% interest per annum on the arrears.
Liberal Family Pension

Related Reading: Non-pensioners entitled to MH facilities: AFT

Revised Casualty, Disability and War Injury Awards

Revised letter on casualty / disability / war-injury pensionary awards for pre-2006 retirees based on 6th CPC scales issued
The letter on modified parity for casualty awards has finally been issued. Casualty awards from now onwards are to be calculated based on 6th CPC scales.
The letter can be accessed and downloaded by clicking here. .
In brief, this shall be the fresh entitlement with effect from 01-01-2006.

Special Family Pension: Would not be less than 60% of minimum of 6th CPC pay band + Grade Pay + Military Service Pay + X Group Pay (wherever applicable) corresponding to the rank held.

Liberalized Family Pension : Would not be less than the (100% of) minimum of 6th CPC pay band + Grade Pay + Military Service Pay + X Group Pay (wherever applicable).

Disability Element : Would not be less than 30% of the minimum of 6th CPC pay band + Grade Pay + Military Service Pay + X Group Pay (wherever applicable) for 100% disability, proportionately reduced for lesser disability.

War Injury Element : Would not be less than 60% of the minimum of 6th CPC pay band + Grade Pay + Military Service Pay + X Group Pay (wherever applicable) for 100% disability proportionately reduced for lesser disability in cases of retirement / discharge and 100% of the minimum of 6th CPC pay band + Grade Pay + Military Service Pay + X Group Pay (wherever applicable) for 100% disability proportionately reduced for lesser disability in cases of invalidment.

Other finer modalities can be seen from the letter linked above.
Posted by Navdeep / Maj Navdeep Singh at 5:44 PM
Revised letter on casualty / disability / war-injury pensionary awards for pre-2006 retirees based on 6th CPC scales issued

Homage to Martyrs Kargil Vijay Divas: Media Reports

click on images for enlarged view

Kargil Divas: Delhi Poetree on 30 July 2010

"Delhi Poetree" ('The Poets' Society of Delhi) is organizing a function on 30 July evening in the context of Kargil Divas.
It is a two hour program at the American Centre, KG Marg, New Delhi.
Please check in by 1900 hrs. Security is strict. Mobiles and Bags are not permitted.
To assist quick clearance, we propose to hand over a list of confirmed audience to the security. You are requested to carry an ID proof.
Its an interesting event. A MUST ATTEND. Come, you will enjoy it.
Invite friends. You will find it invigorating.
AND REMEMBER TO CONFIRM NAMES AND CONTACT DETAILS OF THOSE ATTENDING WITH YOU. Thanks.
The Net Invite is attached herein.
Col RP Chaturvedi
(Coordinator of Kargil Divas on behalf of IESM in NCR)

Justice for Kargil heroes

The Hindu Editorial: Saturday, Jun 05, 2010
Next month India will commemorate its victory in the Kargil war and the extraordinary sacrifices of the soldiers. They fought in some of the most brutal terrain in the world to achieve the objective of throwing the Pakistani intruders out. In his speech of July 26, Union Defence Minister A.K. Antony, a politician known for his commitment to probity, must set to rest the ghosts that haunt the battlefield. It has long been known that many who played a key role in ensuring victory were disgraced so that superiors who ought to have been penalised for their wartime failures could receive medals and honours. Last week, the Armed Force Tribunal held that the officer with direct supervisory responsibility for the conduct of the war, former XV Corps commander Lieutenant-General Kishan Pal, falsified battle records to deny a key subordinate credit for his stellar conduct of operations. This action, which seems to have been driven by a desire to cover up command failures, cost 70 Brigade commander Devinder Singh a medal and a promotion. That it took 11 years to deliver justice to Brigadier Singh is shocking: the Tribunal's judgment has only affirmed what the Army has known all along. Several accounts of the war, including Lieutenant-General Y.M. Bammi's magisterial, Kargil: The Impregnable Conquered, former army chief General V.P. Malik's memoirs, and Brigadier Gurmeet Kanwal's official history of the war, made it clear that Brigadier Singh had been instrumental in India's victory in the Batalik sector. The Tribunal received testimony from Brigadier Singh's subordinates and superiors lauding his bravery and acumen — testimony that was available to Army headquarters years ago. Yet successive Chiefs of Army Staff and Defence Ministers did nothing to undo the mischief.

In the build-up to Kargil Day, Mr. Antony will do the Army, his Ministry, and the country proud if he summons the courage to offer Brigadier Singh an apology and restore to him the honours to which he is entitled. But he needs to do more. There are other cases pending before the Tribunal seeking redress; they revolve around decisions made by XV Corps — notably those of 121 Brigade commander Surinder Singh and Major Manish Bhatnagar. Some officers with reason to consider themselves aggrieved, like Colonel Pushpinder Oberoi, chose not to move the court for justice. The Defence Ministry must set up a body to conduct a transparent audit of these cases and set wrongs right. It must also conduct a thoroughgoing examination of the official Kargil Review Committee, which relied heavily on a tainted account of events. Armies in which promotions depend on personal prejudices, rather than dispassionate assessments of professional capability, will see poor quality leadership rise to the top. In the end, their war-fighting capacities will be eroded. Telling the truth will, doubtless, be a painful process — but the Army as well as India will emerge the stronger for it.
Read Hindu Editorial
Justice for Kargil heroes

Kargil- Soldiers Spirit Spells Fate of the Nation

Date: Wednesday, 22 July, 2009, 1:55 AM
To the Editor-in Chief, Letters@tribuneindia.com

Dear Sir/ Madam,
I am Maj Gen Ian Cardozo, AVSM, SM and am a war disabled officer of the Indo-Pak War of 1971. I am currently in the UK and have been following with interest the issue of the Kargil war and the Government's decision not to celebrate the 10th Anniversary of that war.

I am the author several books on military history including 'Param Vir - Our heroes in Battle', 'The sinking of INS Khukri', 'The Indian Army- A Brief History' and 'The history of the first-firfth Gorkha Rifles'. I have also had several articles published in military journals and national magazines.

I would be grateful if you would consider the attached article (click me) for publishing as it is topical in view of the forthcoming 10th anniversary of the Kargil war.

Thanking you
yours sincerely
Maj Gen Ian Cardozo, AVSM,SM (Retd)

Whatever the faults of the political hierarchy of that time and the political hangover of today, the courage of the Indian soldier must not be forgotten. The sad truth is that the soldier is remembered only in time of war. Kargil has already faded from public memory and it appears that some politicians would like the story of that war to be permanently dead and buried.

The fate of a nation during war hinges on how well her soldiers fight. Recognition of the sacrifices that soldiers make, so that we may live is the least that we can do to tell them that their sacrifices have not been in vain and that the nation is grateful and remembers. Good leaders understand that this is the essence of morale and that morale is a battle winning factor. Failure to understand this basic need of the soldier may have consequences that will only be known as and when we go to war again and then it may be too late.
Read the full article click link below:
REMEMBERING KARGIL By Ian Cardozo

MoD: PIB Press Releases

Ministry of Defence
Shelling on line of control
Year-wise details of ceasefire violations along the Line of Control (LoC) in Jammu & Kashmir, including incidents of shelling since 2006 are given below...
Resettlement of Ex-Servicemen
There is no proposal to extend minimum pensionary benefits to the ex-servicemen who render less than 15 years of service...Important inputs and information presented to Lok Sabha in variance to ground realities! Number of ESM trained/ self employed/ resettled or details PBORs who have availed of facilities and concessions? DGR does not have the crucial statistics?
Utilisation of Defence Lands
Defence land is meant primarily for various defence needs. The requirement of defence land is gradually increasing and hence cannot be frozen at... What about Defence lands already encroached upon and its eviction status? Exploitation of Defence Lands: click me
NCC Units in Senior Secondary Schools
The Government does not propose to set up National Cadet Corps (NCC) Units in all Senior Secondary Schools in the country...
Sale of troops ration in open market
During the period from 2006 to 2009, one case of pilferage of special rations meant for Army to certain civilian shops at Chumathang in Ladakh region by personnel of a Unit in July, 2007 was ...
Review of Defence Procurement Policy
There is a provision of periodical review of Defence Procurement Procedure (DPP) every two years...
Condition of families of martyrs
Number of soldiers from various states killed on duty (Battle Casualties) during the last three years are as under...

Note: click on active title links to read each in detail