SC upholds law exempting armed forces from toll

NHAI letter clarifying the exemption for all serving service personnel, retired service personnel (yes!) and dependents (yes! yes!!). Keeping a copy in your car's glove compartment should be handy.

SC upholds 105-year law exempting armed forces from toll
Upholding provisions of the 105-year old Indian Tolls Act, the Supreme Court on Friday dismissed a special leave petition (SLP) seeking withdrawal of concessions provided to Armed Forces personnel under the Act.
A Division Bench comprising Mr Justice Ashok Bhan and Mr Justice Markandey Kadju declined to interfere in the directions issued by the Punjab and Haryana High Court, which had dismissed a petition filed by a Chandigarh resident, Sanjeev, in May. Sanjeev had challenged the provisions of the Act on the ground that it was discriminatory, unconstitutional and against the spirit of Article 14 of the Constitution of India which provided for equality before law. He had also contended that other central government employees and members of the para military forces are not entitled to such concessions.
The HC Division Bench, comprising Mr Justice H S Bedi and Mr Justice Ranjit Singh, however, ruled to the contrary and had dismissed the petitioner’s contentions. Thereafter, he had filed a SLP in the apex court against the HC order.
Section 3(a) of the Indian Tolls (Army & Air Force) Act, 1901, provides for toll tax exemption on all public or private roads and bridges in India to officers and men of the regular forces whether they are on duty or not. Further civil vehicles and animals moving under military orders, are also exempted from payment of toll tax. The Act also has an overriding clause, which causes it to override all other Acts or directions by any legislature or central or state government in India.
The controversy regarding applicability of the Act began a few years ago, when private toll operators under the Build-Operate- Transfer (BOT) system on various roads and bridges had started refusing toll exemption to defence personnel and in certain cases even to defence vehicles.
The issue had then been settled after Chandigarh-based lawyer, Capt Navdeep Singh, took up the matter with the Central Government in 2004 and instructions were issued by government thereafter that the Act was very much applicable to toll roads and bridges being operated under the BOT schemes or otherwise. The instructions also clarified that the Act was applicable even to private vehicles belonging to personnel of the regular forces.
While the problem of illegal charging of toll tax has more or less been settled with the instructions being circulated all over, sporadic incidents of harassment of defence personnel continue to be reported mainly from the Delhi-Noida- Delhi Flyway and from some areas of Himachal Pradesh.
'With a warm handshake in thought'
Sovakar

Latest status and clarification
Sir,
This is in reference to the toll exemption letter placed on your blog which supposedly grants toll exemption to ESM.
While the news report reproduced in your blog related to the toll issue taken up by me is old news (2006), it only relates to serving personnel. The letter for ESM is fake. It has been forged by some mischievous elements. The news report originally appeared here in Sept 2006: click here
Toll exemption is not available to ESM and I have clarified it on my blog a number of times, the latest being: click here
Regards
Navdeep
Maj Navdeep Singh
Major Navdeep Singh is an author, activist, lawyer and a member of the Indian Territorial Army- click here to read more.

We thank Maj Navdeep for the latest position and clarification. The ESM are not exempted from the Toll Tax while travelling in the National Highways. The purported NHAI letter is a Fake (like all other Fakes in India).
Moderator

Unfair to military personnel. They must get their Rank Pay denied to them since 1986

by Lt-Gen Vijay Oberoi (retd)
The Tribune Monday, July 5, 2010, Chandigarh, India
Governments, they say, are impersonal and yet a democracy is a government of the people, by the people and for the people. We take pride in saying that we are the world’s largest democracy. Yet, the people’s voice is largely not heard because the political leadership and the bureaucrats who advise them are so bound by rules and regulations (of their own making unfortunately) that unless they are nudged, nay shoved violently, it is difficult to change their somnambulant state.

Unfortunately, the military fraternity of both serving and retired categories seems to be experiencing the brunt of it, especially since early 2008, when the continuing and tragic saga of the Sixth Pay Commission commenced. While the commission has been hogging the headlines, there are many other important issues that also need to be highlighted so that the people, who after all are supposedly the real rulers of the country, are aware of them.

This piece is about a few inter-linked yet vastly different issues that are making military personnel very angry and justifiably so. The first is the case of the “rank pay”, where despite an elaborate and clear ruling by the Supreme Court, the authorities, ill advised by the bureaucracy, have filed another appeal! This is a farce of monumental proportions being played against a large number of affected military officers. As a case of bureaucratic pusillanimity and procrastination, this does take the cake. Let me briefly narrate the essentials.

In 1986, the recommendations of the Fourth Pay Commission included the grant of “rank pay” to all defence officers of the rank up to brigadier and equivalent. However, while implementing the same, equivalent amounts were reduced from the pay, by an omission or by design (both perceptions exist)! No military person noticed this at that time. This may be hard to believe but the prevailing culture at that time was that most military personnel were fairly blasé about their pay and allowances.

It was in fact considered infra dig to get in to mundane issues like entitlements, as it was a firm belief that the authorities will always look after one’s interests. It is now clear that we were really naive. The authorities in the corridors of South and North Blocks, however, had little time for such niceties! Having learnt bitter lessons after the Sixth Pay Commission, the military has now become wiser, but at the huge cost of losing confidence, trust and fair play in the government (read bureaucracy).

Reverting to the “rank pay” case, the issue came to light only when retired Major Dhannapalan discovered it, approached the Kerala High Court for redress and fought it with the unrelenting Ministry of Defence (MoD) in both the High Court and the Supreme Court, till he won the case in 2005, after nine years. However, while implementing the judgment, the MoD gave benefits only to the officer. The representations of a large number of similarly affected officers were ignored. This resulted in a flood of writ petitions, as the affected officers had no other option but to seek justice from the courts. Finally, despite the vehement opposition by the MoD, the Supreme Court ruled on March 8, 2010, that the benefit of the judgment must be extended to all eligible military officers and also awarded 6 per cent interest on the amount due to the officers.

While the affected officers were still doing their calculations, the empire struck back with an appeal against the ruling. Why is the MoD deliberately trying to deny justice to a large number of military officers? Is it a delaying tactic designed to cheat the military personnel and stall the implementation of the judgment, or a case of losing face or the fear of being penalised for a deliberate act of commission, or a combination of all three? Whatever be the motivation, the military personnel are livid on being denied their legitimate emoluments.

This also begs the larger question of the government being the single biggest litigant, keeping the courts busy and in the process preventing them from dispensing justice to more needy persons. I fail to understand the logic of the government contesting every order the Supreme Court has passed in favour of defence forces. It did so for umpteen years in the case of fixation of pension of Major-Generals. In the case of a disabled officer, Capt CS Sidhu, the Supreme Court was constrained to remark that the government treated its soldiers worse than beggars!

Dr V. Moily, Minister of Law and Justice, has recently announced the National Litigation Policy, which aims to reduce average pendency time from 15 years to three years. The policy emphasises that the government must cease to be a compulsive litigant. The Law Minister may keep making announcements and publishing policies, but will the stalwarts in the MoD as well as other ministries listen? In the meantime, the large numbers of affected military personnel continue to be deprived of their legitimate emoluments.

Let me now highlight the second and a more recent issue, relating to jobs for military personnel after their retirement. In 2004, the Directorate-General of Resettlement, as part of its drive for securing jobs for retired officers and soldiers, had persuaded the National Highway Authority of India (NHAI) to accept retired military personnel for running toll plazas on highways. Being disciplined and honest, they are doing a superb job and have already increased collections at the ex-servicemen-run toll plazas from the earlier 15 to 80 per cent. There are over 25,000 military veterans running NHAI-owned toll plazas, while another 10,000 provide logistical support.

Now, the Ministry of Road Transport and Highways has decided to auction all the toll plazas to the highest bidder. The motive is undoubtedly monetary, while efficient running or jobs for the needy veterans do not seem to have any place in the thinking of the government! As a sop, the NHAI has stated that the toll plazas in Jammu and Kashmir, northeastern states or other disturbed areas would continue to be kept for the military veterans sponsored by the Director-General of Resettlement. How nice, but no toll plaza exists in these areas!

While the government is keen to employ military veterans to do all the difficult fighting against the Maoists, including the highly dangerous clearance of mines and improvised explosive devices (IEDs), when it comes to giving them their dues in terms of their legitimate emoluments or jobs as part of their rehabilitation, it baulks at and panders to power and money brokers. Is this our version of democracy?
The writer is a former Vice-Chief of the Army.
Unfair to military personnel They must get their due by Lt-Gen Vijay Oberoi (retd)

National Highway Authority move may affect ex-servicemen

NHAI move may affect ex-servicemen
NEW DELHI, June 25, 2010 The Hindu
K. Balchand
The decision of the Ministry of Road Transport and Highways to hand over all the toll plazas on major highways to private contractors threatens to render about 35000 ex-servicemen, who earn a living by running them, jobless. The ex-servicemen have taken objection to the notification issued by the National Highways Authority of India (NHAI) on Monday deciding to invite tenders for the toll plazas which are currently being operated by retired army personnel who have been employed through Director General of Rehabilitations, Government of India.

A delegation of ex-servicemen led by Col (Retd) H.S.Yadav and Col (Retd) Chaudhary complained to Defence Minister A.K.Antony about the injustice meted out to them by the MORTH (Ministry of Road Transport and Highways). They pointed out that the action violates the commitment the Congress party contained in its manifesto of 2004 and 2009 to rehabilitate ex-army personnel on their retirement.

The ex-servicemen said that Mr. Antony promised to take up the matter with Minister of Roads Transport and Highways Kamal Nath.

They charged that this action would render 25000 ex-servicemen and about 10000 others who are indirectly employed in various logistics for running these toll plazas, jobless.

These retired army personnel claimed that revenue has increased at the toll plazas from 15 per cent to 85 per cent. Besides, their presence helped road users in several ways.
NHAI move may affect ex-servicemen
Can ESM fight the all powerful corrupt NHAI and MORTH Bureaucrats? Read more:
CBI arrests top NHAI officials, gets custody till May 31
Former Supreme Court Judge fails to fight the Indian Corruption Inc and resigns in disgust
Lokayukta resignation shocks Yeddyurappa government