Showing posts with label Pension Regulations. Show all posts
Showing posts with label Pension Regulations. Show all posts

Monday, February 20, 2012

Ministry of Defence treats disabled war heros in disgust

Disability pension: Govt drags ex-Vice Chief of Army to SC
The Tribune by R Sedhuraman
Legal Correspondent
New Delhi, February 19

The government has dragged Lt Gen Vijay Oberoi, who retired as Vice-Chief of the Army Staff, to the Supreme Court over a dispute involving a difference of just five per cent in the disability pension.

Gen Oberoi lost his right leg below the knee during the 1965 India-Pakistan war when he was Captain.

Subsequently, his disability was assessed at 70 per cent. He was retained in service and he rose to the rank of Lieutenant General before his retirement in 2001.

The war hero claimed 75 per cent disability pension under a February 3, 2000 government circular on rounding off of benefit. Under the circular, personnel assessed at 20-50 per cent disability would be entitled to 50 per cent disability pension.

Similarly, the extent of disability from 50 to 75 per cent would be rounded off to 75 per cent and 75 to 100 per cent disability would be treated as 100 per cent disability.

Subsequently, the Defence Ministry issued a letter on January 31, 2001 disqualifying those retiring on superannuation from getting the rounding off benefit. Another letter on January 19, 2010, clarified that rounding off would be done only for those who were prematurely released from service.

Gen Oberoi challenged the two letters before a regional Bench of the Armed Forces Tribunal (AFT), Chandigarh, at Chandimandir, which allowed his claim for 75 per cent disability pension on August 4, 2010, directing the government to make the payment within six months. Any delay in the payment would entail an interest of 8 per cent.

The government has, however, moved the SC after a delay of 429 days, challenging the AFT’s judgment. Opposing the petition on behalf of Gen Oberoi, counsel Aishwarya Bhati contended that the matter had very serious ramifications as about 2,000 such cases were pending for adjudication.

After a brief hearing on February 17, a Bench comprising Justices Aftab Alam and CK Prasad tagged the petition with other similar cases and sought the response of Gen Oberoi.

In the appeal, the government contended that the AFT’s ruling was in violation of several SC verdicts, holding that there was a clear distinction between those invalidated out of service and those discharged from service on completion of tenure for the purpose of pension benefits. Further, the AFT had no power to strike down government orders.

This case has come to the SC close on the heels of the apex court resolving another high-profile dispute involving the age of Army Chief Gen Vijay Kumar Singh. The SC had rejected Gen Singh’s plea that his date of birth should be taken as May 10, 1951 on his service records and not as May 10, 1950 as directed by the government.
Disability pension: Govt drags ex-Vice Chief of Army to SC

Thursday, January 12, 2012

DESW issues Pension Regulations

So there you have it, the Department of Ex-Servicemen Welfare (sic) (DESW), on 06 Jan 2012, has issued Pension Regulations for the Army (2008), purportedly approved by the ‘Raksha Mantri’.
These Regulations supposedly supercede the Pension Regulations of 1961. Though the Regulations have been issued on 06 Jan 2012 and only apply to those who were released after 2008, these have not incorporated the drastic pensionary changes made by the 6th CPC which according to the DESW would be included in the form of ‘insertions’ to be decided by the office of the Principal Controller of Defence Accounts (Pensions). These Regulations of 2008 have been jointly drafted by the office of the CGDA and PCDA(P). It seems illogical that these Regulations of ‘2008’ have been issued in 2012 and that too without incorporating changes introduced by the 6th CPC w.e.f 01-01-2006. What was the tearing hurry? Preliminarily speaking, even otherwise, rather than entrusting such an important policy-work to policy makers and experts at the govt level, the DESW has gone by the drafting submitted by defence accountants. But strictly speaking, are these Regulations even valid or legal?
These are not 'Regulations' but the imposition of the will of a couple of accountants whose limited understanding, drafting and thought-process has been thrust upon pensioners forcibly.
Posted by Navdeep / Maj Navdeep Singh
Read more
Comment: Is DESW an legal entity to regulate pensions or are they a bunch of number crunchers?

Friday, July 15, 2011

One Rank One Pension- A CNN-IBN TV Presentation on 16 July 2011

Dear friends,
CNN - IBN is televising a show on OROP at 2230 (1030PM) on Saturday 16 July 2011 on their English News Channel. The show will be repeated at the same channel at 1200h on Sunday morning and again at 2130h on Sunday evening 17 July 2011.
IESM has contributed a lot in preparation of the show. Any comments and reaction about the show should please be sent to undersigned. I will prepare a brief of the comments and forward congratulations and the brickbats to the channel. Please do not write directly to the channel.
All veterans are requested to inform their friends so that maximum number of veterans/servicemen can watch the program. The program will also be available on the website of the channel after Sunday.
Regards,
Gp Capt VK Gandhi VSM
Gen Sec IESM

Tuesday, June 14, 2011

Saga of One Rank One Pension

After Independence and the installation of a democratic National Government, consideration of loyalty and devotion to duty were cast aside over the monetary considerations. As a result, the grants, pensions and other concessions for those killed in action or wounded in war fell so miserably low that it almost amounted to Soldiers' families being thrown out on the streets. The Soldiers did not realise the impact till the J & K operations were over in 1949.

Maj Gen Sukhwant Singh, in his Book, ' The Liberation of Bangladesh' narrates the following incident. I quote,
"Lt Col (later Maj Gen) Rawind Singh Grewal, who had received a machine gun burst straight in his stomach and leg in J & K operations, was hospitalised for a period longer than stipulated for the retention of acting rank and was brought down to his substantive rank of Captain after 28 days. This officer is said to have walked up to Cariappa, then Chief, and pointing to his scars, said: "Sir, do you think I got these wounds for the benefit of my health? The reward for risking my life for the sake of my country has been loss of rank and pay. Trust me to fight for you again. Goodbye, Sir."

Cariappa and other successive Chiefs were well aware of the problems of maintaining the morale of the fighting men under such circumstances. But nothing substantial could be achieved against the callous attitude of money conscious Politicians & the hide-bound bureaucracy. The 1950s saw the period of our National Policy of trimming the Armed Forces, under the Nehru Doctrine. The year 1962 awakened the Nation to reality. But, after the Chinese debacle, no Chief could have strongly demanded for the Pay Hike. The opportunity rose after our performance in 1965, War against Pakistan. But, the initiative ended with a few State Govts distributing some grants & awards to the soldiers belonging to their States. After this operation, the AHQ carried out a study and found out that in Sino Indian Conflict 1962 and Indo Pak conflict 1965, the Indian soldier was successively taking fewer risks under fire. The old Soldier was fading out and with him the sense of loyalty and duty. The new Soldier was brought up on the fast changing value of Rupees. He being the sole bread winner of his family, naturally and justifiably his domestic responsibility weighed more on him.

The reason was not far to seek. Take the case of Gunner Arumugam from the Artillery. After the end of his colour Service of seven years in 1961, he was sent home, without pension. He was recalled to active Service in 1962, since he had a reserve liability of eight years. After the Chinese war, in 1964 he was again sent home. He was recalled to active service again, in 1965, fought the Indo Pak War. He was finally discharged in 1966, without pension since he did not complete 15 years of continuous service to earn the minimum pension.

The Nation had utilised the Services of a Jawan, in the most economic way, without an iota of shame. After braving the enemy bullets in two wars, the Jawan was sent home, literally, to beg on the streets. Leave the Politicians and Bureaucrats alone. What did our own establishment, consisting of Officers who were commissioned under the oath of Chetwode do? It was a pity that the Senior Officers in those days, (not any different from the present day), chose to put the blame on the Government and the regulations made by it. Not a single case was taken up with the Government to revisit the Pension regulations for the Army, in view of extra ordinary circumstances of Jawans like Gunner Arumugam or Lt Col GS Grewal and scores of others. They could have been granted pension or retention of their acting ranks as special cases. Even the Courts of Law would have up held their cases for justice. But, our own hierarchy found it fit to keep silent.

Since Sam Manekshaw, in 1971, stood his ground and refused to launch his Offensive against East Pakistan in March 1971 itself, he had sufficient time to address the problems of the soldiers' sagging morale. His aim was to ensure that every soldier went to battle, fully assured that the Nation would look after the welfare of his family, even if he lost his life, or wounded or missing or taken as PW, during the war.

With his initiative and clout over the then Prime Minister, a slew of benefits were announced, some of which had far reaching effect. Special consideration for the War widows, who were encouraged to start new lives by remarrying without the loss of pension benefits, 75 % of the basic pay sanctioned to them as Pension, liberalised disability pensions etc., ensured that the Soldiers went into 1971 War with a better frame of mind and morale. It was unfortunate that the proverb "God and Soldiers are remembered only during calamities" proved right once again.

The Third CPC, belied the expectation of the Armed Forces. That also after its glorious victory in 1971. Unfortunately, Sam was no more in the Chair. Not that it would have made any difference against the bureaucratic zeal of gaining the parity in Pay & Pension with the Armed Forces.

The major blame for this debacle should be shared by the Officers of the Armed Forces, who were blissfully ignorant of what was happening to their own Rank & File. Those were the days when every Officer was told that the CDA(O) would look after all their pay & allowances problems. Hardly any discussion, even as a matter of education, was held about the CPCs & their misdemeanor.

Below is a relevant extract of the Memorandum, submitted by the IESM, to the Committee of the Rajya Saba. (An excellently drafted piece and our complements to the team headed by Lt Gen Raj Kadyan and backed by Maj Gen Satbir Singh, Col RP Chaturvedi and Hony Capt K Pandey). I quote :-

Civilianisation of Military Pensions
As long as the Armed Forces remained out of the purview of the National Central Pay Commissions (CPC), the existing structure continued. Military pensions continued to be higher than that of the other Central Government employees. The government however decided to bring the Defence Forces under the purview of CPCs starting from the 3rd CPC. That the conditions of service and the terms of reference for the Defence Forces were very much different was ignored. Ironically, it happened in 1973, just after the country had won a major war that led to the creation of Bangladesh. The 3rd CPC rerecorded that pension should be treated as a standby in times of adversity. The financial weightages done away with and was replaced by an arbitrary weightage of years of service to compensate for the truncated career of defence forces employees. The fact that most JCOs and below left after initial engagement/ colour service without pension was not addressed. (It was left to Shri Jagjivan Ram to later extend the service to 15 years and make it pensionable). The impact of this move on the shortages of recruitment was immediately felt.

The 3rd CPC in order to civilianise the Military pensions, related pension to last pay drawn (LPD) as a percentage rather than relating to rank as heretofore had been done. The cadre and pay structure wherein defence personnel moved much more slowly to reach higher ranks/pay scales was totally overlooked. This resulted in Military pensions falling way behind their civilian counterparts, not withstanding the weightage in years given for truncated career.
The Defence Forces were palpably upset. Therefore, the government appointed a committee under KP Singh Deo, MOS (Defence) to look into the ‘Non Effective Benefits of ESM Pensioners’. The Committee recommended that service pensions/retiring pensions should revert to being rank-based. In fact it went one step ahead; Service pensions should not only be rank-based but all vintages of pensioners should receive the same quantum of pension. A new term was thus coined namely One Rank One Pension (OROP). The government announced in the Lok Sabha that it had accepted 26 of the Committee’s recommendations barring one, namely on OROP which it was examining for implementation. KP Singh Deo Committee’s view was that Military pensions as these existed prior to 3rd CPC should be restored. Since Rank played a very important role in the military, reflected its ethos and is allowed to be retained as per our Constitution ever after retirement, pensions had to be rank-based. Every substantive officer, JCO and others should receive the pension of the rank held on retirement irrespective of their vintage and date of retirement. Besides, the pensions also had to be periodically enhanced and updated.
Veteran Raman

Thursday, May 19, 2011

Feedback on Presentation to Petition Committee on OROP

Congratulations and compliments to Gens Kadyan , Satbir and their dedicated Team as also All other Veteran Leaders who have made such forceful presentations on our behalf- truly inspiring and selfless service to Servicemen.
Inspired feedback from Hony Lt Pandey- his write-up is brilliant.
May their example bring the ideal of Veterans Unity/harmony closer to 'being'.
Pray for your success and to the cause of Justice for Veterans.
Best wishes and warm regards
Yoginder Sharma
Lt Gen YN Sharma
Former Army Commander

From: Dhanesh Chandra Goyal
Sent: 18 May 2011 16:18
To: Brig Kamboj
Subject: RE: OROP - IESM PRESENTATION TO PARLIAMENTARY COMMITTEE
Dear Brig,
It is really heartening that some of are fighting our cause. We are bound to be successful one day. Presently the Govt is concentrating only to face saving against corruption, hence delay.
Regards to those senior officers who are representing us.
Lt Col D C Goyal
Jaipur

From: kameswararao gadepally [mailto:krgplee@gmail.com]
Sent: 17 May 2011 20:05
To: Report My Signal (Chander Kamboj)
Subject: OROP - IESM PRESENTATION TO PARLIAMENTARY COMMITTEE
Dear Brig Kamboj
Congratulations to IESM and its governing body for the illuminating presentation to the Committee on Petitions of the Parliament. It is good that almost all the various groups of Veterans have been involved in the presentation. The qoute by Gen Raj Kadyan is very appropriate and let us hope that it will open the eyes of the bureaucracy and the government to the realities leading to the success of our efforts and grant of OROP. May The Almighty add HIS Blessings for the success of the endeavours in this regard by all Veterans.
regards
yours sincerely
Lt Col (retd) Dr G Kameswara rao
Secunderabad

From: Hirak Nag
Sent: 17 May 2011 19:29
To: "Report My Signal" (Chander Kamboj)
Subject: OROP - IESM PRESENTATION TO PARLIAMENTARY COMMITTEE
Very encouraging and all due to the continious, dedicated and tireless efforts of Gen Kadyan, Gen Satbir, Lt. Kameshwar Pandey, Col RP Chaturvedi, Hav Devi Lal, Brig Kamboj and all the selfless staff of IESM. I am proud to be a member.
Hirak Nag.

From: RDOA India
Sent: 18 May 2011 18:54
To: CS.Kamboj
Subject: Presentation on OROP to the Rajya Sabha Petition Commitee under the Chairmanship of Shri Bhagat Singh Koshyari
Dear Sir,
It is intimated that:
A Presentation was given on One Rank One Pension (OROP) to the Rajya Sabha Petition Commitee under the Chairmanship of Shri Bhagat Singh Koshyari, Member Rajya Sabha on 16 May 2011, 3 PM onwards. There were other associations present also. The presentation given by RDOA was very well appreciated. One of the Committee members remarked as 'Best Explanation' and asked for additional inputs which will be given by RDOA in a few days time. RDOA was represented by the President: Lt Col BK Sharma (Retd) & the Secretary: Lt Col Satwant Singh (Retd)
It is requested that the info be put on RMS for info of all concerned
With best wishes
Secy RDOA

OROP: Presentation to Rajya Sabha Committee on Petitions by IESL
Dear colleagues,
1. A presentation was made to Rajya Sabha Committee on Petitions under the Chairmanship of Shri Bhagat Singh Koshyari, Member Rajya Sabha on 16 May 2011 by team of IESL headed by Brig R K S Gulia, President, to include Brig Kartar Singh, AVM R P Mishra, Cdr B D Sharma and Col Sukhbir Singh on OROP. The thrust of the Presentation was to press home the long outstanding demand of Ex-Servicemen of the
Armed Forces for OROP. Shri Bhagat Singh Koshyari Chairman of the Committee and other members of the Committee gave a pateint hearing and appeared to be convinced of the grievances as regards to OROP put forward by the IESL delegation.
2. The IESL delegation was asked to make its presentation first amongst a total of 8 delegations/ individuals who had petitioned to the Committee. The salient details of the presentations were
(a) Indian Ex-Services League
(i) Only organisation recognised by Govt of India- for tri services.
(ii) Status also confirmed by Lok Sabha through a resolution.
(iii) Largest tri services all India based apolitical organisation.
(iv) Objective of the League- Welfare
(b) Salient features:-
(i) Military Rank Oriented
(ii) Degradation of Military Service
(iii) Origin of OROP
(iv) What is OROP
(c) Uniqueness of Military Service
(i) 50% of the Military strength remains 80% of the time away from families.
(ii) Leave is not a right.
(iii) Service Conditions- Roughest weather and toughest terrain.
(iv) Early retirement.
(v) Fundamental rights curtailed.
(vi) Being called in all calamities to include natural and man made.
(vii) Unlike other services a soldier is employed for
24X7 duties.
(d) Early retirement
(i) 85% retire below 38 years of age, 10% retire below 46 and 5% retire at 56.
(ii) Benefits of 1-2 pay commissions denied due to early retirement.
(iii) Second career not guaranteed.
(iv) Exploited by various agencies as welfare is not on
concurrent list.
(v) ACP (Assured career progression) and promotions denied due to early retirement and steep pyramidical structure.
(e) Why OROP to Military Veterans
(i) Pension is compensation for services rendered.
(ii) Right of equality for compensation.
(iii) Constitutional law of equal compensation for equal and same work.
(iv) Natural Justice- case of father, son and grand son in the same rank.
(v) Honour and pride.
(vi) Economic world.
3. For information please.
with regards,
Col Sukhbir Singh
Gen Secretary IESL

Friday, March 25, 2011

National Commission for Ex Servicemen

New Delhi, Mar 24 (PTI) Stressing upon the "urgent need" to set up a national commission for ex-servicemen, a Parliamentary Committee today asked the Defence Ministry to expedite the matter.

The Standing Committee on Defence in its report said, "As there is apparent dissatisfaction among the ex-servicemen, the committee are of the strong view that there is an urgent need for setting up of a commission at the national level."

The committee also expressed "distress" that even after Defence Minister cleared the matter the Ministry has not done the needful to set up the body.

"The committee are distressed to note than even after getting clearance from Rakhsa Mantri for setting up of National Commission for ex-servicemen, the Ministry has declined to set up the Commission on the plea that number of bodies are existing to undertake the welfare schemes for ex-servicemen,"the report said.

On the issue of One Rank One Pension (OROP) for ex-servicemen, the Committee reiterated that the proposal if met would boost morale of defence personnel.

"The Committee would like to reiterate their recommendation made in earlier report to reconsider the issue of OROP, so that the demand of ex-servicemen is met which would boost the morale of the defence personnel,"the Committee said.
Par panel recommends national commission for ex-servicemen

On Ministry's rejection of proposal to provide monthly stipend to National Defence Academy (NDA) cadets, the Committee said, "extending appropriate financial support during the training would help the cadets in meeting their daily expenses and would also boost their morale."
Parliament Recommends Panel for Ex-Servicemen
What bodies are existing to undertake the welfare schemes for ex-servicemen?
Department of Ex Servicemen's Welfare: The Present Status- click links below

  • When the Government Becomes an Adversary of its Ex-servicemen
  • ESW Department becomes a Cosmetic Bureaucratic Appendage

  • Indian Ex-Servicemen Movement, an all India federation of ex-servicemen associations, sought the setting up of a national commission for the welfare of retired military personnel.
    Speaking to reporters in Bangalore, Maj Gen (Rtd) AJB Jaini, member of Governing Council of the organisation said the commission can look into issues pertaining to the welfare, pension and support of ex-servicemen.
    At a press conference organised by the NRI Forum Deputy Chairman Ganesh Karnic, Jaini also urged the various state governments to utilise the expertise of 22 lakh ex-servicemen pensioners and eight lakh ex -servicemen non -pensioners in the country.
    "Use expertise of ex-servicemen"

    Government moots National Commission for Exservicemen
    A proposal to constitute a National Commission for the Welfare of Ex-Servicemen is under the active consideration of the government. This was stated by the Secretary (Ex-Servicemen Welfare) in the Ministry of Defence, Mrs. Deepa Jain Singh in her inaugural address to the annual conclave of the Directorate General of Resettlement (DGR) (here on 30th July 2008). The measure will expedite issues of rehabilitation, welfare and help resolve grievances of retired soldiers, martyrs and their families. Nearly 60,000 personnel retire from the three wings of the armed forces every year and most of them are in the productive middle age group. There are nearly 14 lakh Ex-servicemen and over 2.5 lakh widows. When this figure is projected considering each Ex-Serviceman’s minor children, dependent parents, brothers and sisters, it could affect the livelihood of close to one crore population. In view of the vast population of Ex-Servicemen, the government last year created the post of Secretary in the Defence Ministry to deal exclusively with issues related to the Ex-Servicemen welfare. Mrs. Deepa Jain Singh, who has undertaken an exhaustive study on the welfare of Ex-Servicemen during her short four month stint as Secretary (ESW), said a capsule on the subject is soon to be introduced at the Lal Bahadur Shastri Academy, Mussourie. It would sensitize the young IAS probationers of the vital issues of concern related to the Ex-Servicemen Welfare before they assume responsibility of the District Magistrate posts across the country. This is a step towards fulfilling the Prime Minister’s ambitious Skill Development Mission, she added. Speaking on the occasion, the Additional Secretary Mrs Neelam Nath asked the Secretaries of the District Sainik Boards to hold meetings atleast once every month with the District Collectors to resolve grievances of Ex-Servicemen at the grassroots level. She said the DGR is about to complete a countrywide database of Ex-Servicemen at the Zila Sainik Board, Rajya Sainik Board and Kendriya Sainik Board level that would go a long way in formulating macro and micro policy for Ex-Servicemen Welfare. The Director-General Resettlement Major General SG Chatterji said his office would serve as a nodal single point interface between the retiring and retired service personnel, widows and their dependents and the outside agencies for all issues related to resettlement and welfare measures. PIB
    Government moots National Commission for Exservicemen
    Related Reading
    Ex-servicemen's welfare is a thrust area for Government: PM 19 May 2007

    Monday, March 21, 2011

    Indian National Congress promises Department for Ex Servicemen Welfare

    The Congress Agenda Promises Defence
    Safeguarding India’s territorial integrity and unity against overt or covert external aggression is the supreme responsibility of the Government. Fashioning clear defense policies with precise consensus in priorities is required for the purpose. Keeping the nation’s armed forces fully prepared, backed up by necessary resources is important.
    The Congress, if elected to power, will:
    1. Speedily implement the recommendations made for the reforms and reconstructing of defense organizations and the armed forces of the country.
    2. Congress will integrate the Defense Military with the Headquarters of the three services (Army, Navy, and the Air Force) with uniformed officers being given a participatory role in the formulation of defence policies and the higher management of national defence.
    3. The Congress will allocate necessary financial resources for the defence of the country. Including special allocations for research and development and modernization of defence technology for the country. The functioning of the DRDO will be reviewed so as to impart a new element of dynamism.
    4. The Congress will take steps to develop and deploy human resources for national defence.
    5. The Congress will take necessary steps to fine tune the higher command for India’s nuclear and missile capacities.
    6. The Congress will safeguard and maintain these capacities at appropriate level in the context of changing security environments, particularly in the Asian region.
    7. The Congress will improve the terms of service and serving conditions of the armed forces personnel.
    8. The Congress will also give special attention to the re-settlement and welfare of retired personnel from the armed forces of the country and their families. A separate Department of Ex-Servicemen’s Welfare will be established in the Ministry of Defence and cooperatives of ex-servicemen will be mobilized extensively in tasks of nation-building like afforestation, literacy, management of ration shops, etc.
    9. The Congress will attend to organizational problems, which have for long affected the armed forces, and will take purposive action to resolve these problems in terms of recruitment, ensuring of appropriate levels in the armed forces establishments.
    10. The Congress will rationalize the salary and pension payments to the armed forces with the objective of maximum benefit to armed forces personnel, responsive to the higher responsibilities of national defence which they discharge.
    Indian National Congress Agenda- Defence

    Status of the Department of Ex Servicemen's Welfare (with Ref ser 8 click links below)
  • When the Government Becomes an Adversary of its Ex-servicemen
  • ESW Department becomes a Cosmetic Bureaucratic Appendage
  • Sunday, March 20, 2011

    Demand for One Rank One Pension- Budget wish list of Veterans

    The ex-servicemen say that they have been demanding 'One rank one pension' and it is time they get what they deserve. It has been promised many times but hasn't been delivered till now.

    Role for Indian Veterans
    Military veterans are a body of relatively young, physically fit, disciplined men, experienced in work in difficult, risky and dangerous conditions. They have special economic problems on retirement from military service because of their young age (32-40 years) at retirement. This has led to repeated peaceful demands over decades for one-rank-one-pension (OROP), which have been systematically neglected by successive governments.
    If veterans engage peacefully in national issues in addition to their on-going OROP demand, it can influence the general public and through them, governments, to deliver better governance within India's constitutional framework, especially in the north-eastern states and Kashmir, and in the central Indian states that are increasingly subject to police repression of Maoist violence. The present article suggests the wider benefits that may accrue from such national involvement of veterans.
    About the Author
    Major General S.G. Vombatkere retired as the Additional Director General, Discipline & Vigilance in Army HQ, New Delhi , after 35 years in the Indian Army with combat, staff and technical experience. The President of India awarded him the Visishta Seva Medal in 1993 for distinguished service rendered in Ladakh. He holds a Ph.D degree in Structural Dynamics from IIT, Madras . He coordinates and lectures a Course on Science, Technology and Sustainable Development for undergraduate students of University of Iowa , USA , and two universities of Canada, who spend a semester at Mysore as part of their Studies Abroad in South India. He is Adjunct Associate Professor of the University of Iowa.
    National Role For India's Veterans- click here to read the full article

    Saturday, March 19, 2011

    Pensioners Problems addressed with Promptitude

    Dear Colleagues,
    It is always exhilarating to see a full inbox on opening the email. A large content comprises mails from the ESM environment advising us on what is wrong (several) and on what should be done (few). However, invariably the mails invite counters from others ending in a long trail of acrimonious, even venomous, exchanges. The drift is quite often indicative of criticism of IESMs inability to get OROP so far. All these are important for us to remain on our proverbial toes. Let me however, venture some suggestions:
  • Colleagues may do well to spend more effort and energy in weaving arguments in support of their own contention rather than on trying to condemn others’ point of view.
  • Do avoid getting personal. Everyone has a right to his/her view. Disagreements should be worded in a healthy language.
  • Some mails are unduly censorious of our Service Chiefs for their perceived inaction in pushing veterans’ cases. Unfortunately, most of such emails are a result of ignorance about what the Chiefs are doing. The environment may feel assured that the Service Heads are doing all that is feasible within the constraints of their being in uniform. There is general synergy in the efforts of veterans and Service Headquarters.
    There have been many complaints from the ESM against the PCDA (P) Allahabad for their casualness in attending to pensioners’ problems. On 24 Feb 2011, I had written to CGDA against this. As a sample I had quoted the example of an unmarried dependent daughter of a deceased Brigadier whose pension case had been pending for a long time. (This has since been settled). Reply received from the CGDA is attached. It is hoped there is general improvement in service and the PCDA (P) acts with greater promptitude.
    Best regards,
    Lt Gen (Emeritus) Raj Kadyan, PVSM, AVSM, VSM
    Chairman IESM
  • Friday, March 18, 2011

    Disability Pension: Litigation Policy Flouted- Rs 50,000 slapped as costs

    Disability Pension Case
    Defence Ministry ordered to pay Rs 50,000 as costs by Vijay Mohan Tribune News Service

    Chandigarh, March 17, 2011
    Taking the Union of India to task for filing a “frivolous appeal” and “misusing the process of the court” by presenting incorrect facts in a case relating a soldier’s disability pension, a Division Bench of the Punjab and Haryana High Court has imposed costs of Rs 50,000.

    The Bench also ordered that the said amount, to be paid to the soldier, is to be recovered from the officers who had pleaded a false ground in the affidavit, after holding an inquiry and fixing responsibility thereof.

    Earlier, a single Bench of the high court had allowed the grant of disability pension to ex-recruit Sukhjinder Singh on grounds that his disability was attributable to military service. The government had thereafter filed an appeal against this order. The single Bench order was based on an earlier order by a Division Bench on a similar issue of law.

    Disposing of the appeal, the Bench expressed “amazement” at the conduct of the appellant and its officers and observed that the perusal of the appeal showed that a false plea had been set out which was simply against the records. In the original proceedings of the medical board, it was categorically found that the disease was aggravated by military service, whereas the proceedings of the board were misquoted in the appeal to show that the disease was not aggravated by military service.

    The Division Bench also observed that the National Litigation Policy framed by the Central Government had been completely overlooked by appellants. The policy states that in service matters, no appeal would be filed in cases where the matter pertained to individual grievance without any major repercussion, or the matter pertained to a case of pension or retirement benefits without involving any principle and without setting any precedent or financial implication.

    Holding that filing an appeal by the appellants in this case was wholly unwarranted as the matter was already decided in respect of the issues concerned, the Bench ruled that the appeal was an illustration of frivolous litigation initiated at the instance of the Union of India and its officers.
    Defence Ministry ordered to pay Rs 50,000 as costs

    Saturday, March 12, 2011

    Dearness Allowance from 01 Jan 2011

    Thursday, March 10, 2011
    Cabinet Committee likely to approve today 6% Dearness Allowance to CG Employees...
    The Union Cabinet Committee likely to release of additional instalment of 6% Dearness Allowance to Central Government Employees and Dearness Relief to Central Government Pensioners due from 1.1.2011.
    The hike in the Dearness Allowance has been done in accordance with the recommended formula in sixth Central Pay Commission. According to the calculation with last six months of All India Consumer Price Index Numbers(AICPIN) published by Labour Bureau Govt. of India, from July 2010 to December 2010, may be given 6% of additional Dearness Allowance from January 2011 to Central Government Employees and Pensioners.
    The proposed DA hike, to be approved by the Central Government today, this enhancement is taking the Dearness Allowance from 45 to 51 per cent of the basic pay and also some allowances and advances rise in 25% from the existing rates as per the recommendations in Sixth CPC.
    Only thing to cheer is the fixed allowances such as Children Education Allowance, Conveyance Allowance for serving personnel will be 25% more as the D.A. will certainly cross the 50% mark. It may be remembered that D.A. linked allwances such as Transport Allowances will be unchanged.
    There is a respite in Onion prices which made everyone weep as prices peeked to Rs 95/ per Kilogram- this was almost a $1- beating the US rates of $0.45 per pound!
    Govt approves 6 pc hike in DA

    Thursday, February 24, 2011

    Rank Pay and Time Scale Promotions

    Rank Pay
    Dear Sir,
    It is intimated that the case came up for hearing today ie 24 Feb 2011 in the Court of Justice Shri Aftab Alam & Justice Shri RM Lodha (Court No 12). There were partial arguments on the pay fixation done as per IV Pay Commission. The court has asked UOI to file an affadivit on the pay fixation of civilian officers who were drawing the same basic pay as that of army officers at the time of IV Pay commission. The next date of hearing has been fixed as 08 Mar 2011.
    It is requested that the info be put on RMS for information of all concerned.
    Thanking you
    Secy RDOA (Retired Defence Officers’ Association)

    Time Scale Promotions
    Dear Sir,
    I have been pursuing a case for effecting promotion to Cdr(TS) (and for other equivalents in the other two services) who have completed more than 20 years of Commissioned service as on 01 Jan'1997 but prematurely retired before 28 Feb'2000 without getting the Time Scale promotion with various authorities along with another like minded Officer. A letter sent to Defence secretary in MoD has been sent. I am now given to understand through reliable sources that the ministry has sent for comments on the points brought out to all the three service Hqs. (Kindly note the ref No.of MoD Lr 14(1)/98- D(AG) dated 02 feb'11)

    Sir, I feel that any Major or Sq Ldr or Lt Cdr affected by above conditions will benefit if all the three service chiefs concur to promote the effected Offrs with ante dated seniority for purposes of modifying the PPOs. If it comes through, the pension will go up to above Rs 20K. If any one can influence the three service chiefs, before it is too late, can benefit all affected party. Additional, the same can be expanded to cover all Offrs who retired prior to 01 Jan'1997 as well.

    Sir, would be grateful if this message is suitably worded and put in Blog so that some one or other will rise to the occasion (not necessarily Majors alone but senior veterans as well.
    With respectful regards,
    Lt Cdr(Retd) PS Nath
    40662 -N

    Sunday, December 5, 2010

    Is PAN necessary for senior citizens without taxable income?

    Tax Forum: Questions & Answers
    PAN: ordeal for taxpayers
    QUESTION: I am writing this provoked by your answer titled “Is PAN necessary for senior citizens without taxable income?” in The Hindu, Kochi Edition dated September 27, 2010.

    I shall elaborate with a live example. My mother, a widow, aged 82, is drawing a family pension averaging Rs.85,000 annually. Recently, due to pay revision based on one-rank-one-pension as per the rules of the Kerala State, she received arrears of pension in one lump sum in March 2010 covering past four years.

    On availing benefit of spreadover under Sec. 89, her total income for the years did not exceed the income tax exemption limit. Since she did not have a PAN (Permanent Account Number) number, State Bank of India, through which her pension is being disbursed, promptly deducted income tax during the last week of March 2010. She had no time either for applying for PAN nor did she have any intimation to the effect that TDS was being deducted. By the time she obtained her PAN number, deduction was already made and the TAN return was submitted by the bank without inserting PAN. When she went to submit her income tax return before July 31, the income tax authorities declined to accept the return for want of PAN. Now after obtaining PAN, the return has been accepted. Since the bank had already furnished its return without the PAN number, in all probability, the refund claim will not get any matching entry with the income tax authorities. What will be the plight of these elderly citizens, who for no fault of theirs, are penalised due purely to the proverbial red tapism and ways of bureaucracy. There will be scores of such people whose little income like interest on deposits and their hard earned pension, have been subjected to such TDS without giving them sufficient time to get PAN number, which is practically of no utility for them other than avoiding TDS.

    ANSWER: The ordeal of taxpayers relating to the requirement of PAN in the above letter is aired by the reader, Gerard K. John, retired Assistant General Manager of State Bank of India, Kochi, in respect of his mother's case.

    The difficulties as stated above cannot possibly be avoided for one reason or the other, but the situation can be remedied by expediting refund by setting right AS 22 at the earliest opportunity on the basis of PAN details subsequently received.
    S. RAJARATNAM
    PAN: ordeal for taxpayers

    Monday, November 29, 2010

    Badge of Honour

    Business Daily from THE HINDU group of publications Monday, Nov 29, 2010

    – Ramesh Sharma
    Symbolic protest: Ex-Servicemen deposit thier medals at a rally in support of 'One Rank One Pension' in New Delhi on Sunday.
    Badge of Honour

    Pension Anomaly removed but Lt Col Family Pension remains Jinxed

    As per the current stipulation in vogue, the minimum guaranteed pension of personnel of some junior ranks was more than pension of senior ranks with the same length of service. This happened since the admissible weightage of junior ranks at places was more than senior ranks.

    The said anomaly has been addressed and the MoD has issued a new letter rectifying the problem. Consequently, fresh amended annexures (i.e, Annexures II, IIA and III) replacing the ones appended with the earlier issued MoD letter dated 11 Nov 2008, have been promulgated for officers as well as JCOs and OR.

    The said letter, alongwith another letter on medical boards, may be accessed by clicking here. It may however be noted that the family pension of a Lt Col has been mentioned incorrectly in the fresh letter as Rs 8760 per month in this letter whereas it actually is Rs 15420 (30% of minimum of Pay Band-4 + Grade Pay + Military Service Pay). The MoD has by mistake printed the family pension for the rank of Lt Col as per the old (Pay Band-3) scale.
    Posted by Navdeep / Maj Navdeep Singh at 5:08 AM
    More pension to juniors than seniors : Anomaly redressed

    Saturday, November 27, 2010

    Revision of Pension for Post- 2006 Retirees

    Please find two letters from MOD in PDF form one dealing with
    1. Implementation of Gof I recommendations 6th Pay Commission in regards revision of pensions post-2006 pensions/family pensioners dated 15th Nov 2010.
    2. Grant of disability Pension for interim period between date of expiry of initial award and recommendations of Fresh board dated 10th Nov 2010.
    Please accord it wide publicity.
    Col HN Handa
    President
    DIWAVE
  • Revision of pensions post-2006 pensions dated 15th Nov 2010
  • Grant of disability Pension dated 10th Nov 2010
  • Monday, November 22, 2010

    CDA Hand Book for Officers

    Dear Brig,
    Please find attached CDA(O)'s Hand Book. I have been thru it and find it relevant to the extent that SAIs post 5th and 6th Pay commission, as also DA rates from post 5th Pay commission till last year have been given. Veterans may find this info handy as and when a favourable decision is available on Rank Pay case. Soft copy of TA/DA rules is available and is not attached as it really has no relevance once one has superannuated
    Regards
    Vijay Raheja
    CDA(O) Hand Book Pay and Allowances

    Saturday, November 20, 2010

    Life Certificate

    Dear Friends,
    Jai Hind.
    It is just to remind you and your ESM friends, that it is time to prove to your pension bank, that you are alive.
    You must do so before 25 Nov – or no pension this month.
    Do carry a passport size photograph with you. Some of the banks are demanding it this time.
    Also note down your bank account number – or else you will be searching for it after reaching the bank.
    If you have not made your pension account a joint account with your spouse – you must do so now.
    In service of Indian Military Veterans
    Chander Kamboj.

    Friday, November 12, 2010

    Re Employed Defence Pensioners: MSP forms part of Fixed Pay

    Department of Personnel and Training (DOP&T), has considered the question of inclusion of Military Service Pay while fixing the pay of re employed defence pensioners. It is noted that as per existing orders, for pre- 2006 retirees rank pay is included as a part of pay but for post -2006 retirees, the MSP is not reckoned in the pre-retirement pay for the purposes of pay fixation on re-employment.

    Therefore, the Ministry has decided that since the element of MSP is not reckoned in the pay fixation on re employment, it need not be reduced from the pension either. Hence. In respect of all those Defence officers/ personnel, whose pension contains an element of MSP, that need not be deducted from the pay fixed on re-employment.

    For further details, download circular No. 3/19/2009 Estt. Pay II dated 08.11.2010: Click here

    Courtesy GConnect

    Tuesday, October 26, 2010

    IESM: CGDA Pension Adalat on 28 Oct at Alwar

    Dear All
    A delegation of IESM met CGDA Shri Nand Kishor on 25 Oct 2010 at 1530h. Many points pertaining to difficulty in pension calculations, pension disbursement were discussed. The details of the discussion will be issued shortly.
    However it has been confirmed by the CGDA that they have been regularly holding pension adalats to solve problems of ex-servicemen on the spot. So CGDA has held 100 pension adalats and have helped many ex-servicemen. Last adalat was held at Bangalore on 30/31 Aug 2010.
    It is for the information of all that the next Pension Adalat of CGDA will be held at Army Public School Alwar on 28 and 29 Oct 2010. The adalat will assemble at 1000h onwards on both days.
    All the exservicemen/widows living in and around alwar can take help of CGDA staff in finding a solution to their pension problems. It is important to take following documents with you for getting on the spot solution from the CGDA staff. Representative from the Banks will also be available in the Adalat.
  • Original PPO
  • Pension/ discharge book of the veteran.
  • Some document to confirm your address.
  • Some document to confirm your date of birth, like driving licence, election id card, Identity card issued by services, identity card issued by soldier sainik board or any document supporting and giving your date of birth.
    In case of widows same documents must be carried to the adalat.
    All are requested to take advantage of the adalat and solve your problems.
    Regards,
    Gp Capt VK Gandhi VSM
    Gen Sec IESM
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