03/11/2011
New Delhi, Nov 2 (IANS) The government Wednesday told the Supreme Court that the army was considering grant of promotion to a section of women officers whose services were restored on the court's direction.
The court was hearing a petition of the defence ministry challenging a Delhi High Court directive to the army and the air force to grant permanent commission to women officers of the short service commission (SSC). The air force complied with the high court ruling.
The apex court bench of Justice R.M. Lodha and Justice H.L. Gokhale, taking note of the government statement, told counsel Meenakshi Lekhi, appearing for the women army officers, to wait for some time till the government's decision.
As Lekhi raised the issue, counsel for the defence ministry R. Balasubramaniam told the court that the representation of the women officers seeking promotion was under the consideration of the army.
The court said if the government did not decide on the women officers' representation within a reasonable time, they could move the court.
Justice Lodha said the matter was being kept pending and if there was any undue delay in the decision making or if the verdict was adverse to the women officers, they could always move the apex court.
The ministry moved the apex court, challenging the initiation of contempt proceedings against the army authorities.
The apex court by its March 4 order stayed the contempt proceedings but not the judgment of the high court, directing the absorption of SSC women officers on a permanent basis.
The women officers, discharged from their service in 2009 when they were due to be promoted to the rank of Lieutenant Colonel, are now, upon the restoration of their service, working under the officers who were junior to them.
Balasubramaniam told the court that the high court order would be taken advantage of by other retired women officer to seek restoration of their service.
Lekhi countered by asking him to tell the court the number of women officers, other than the petitioner officers, who had sought restoration of their services in the wake of the high court verdict. ©Indo-Asian News Service
Government clarifies on women army officers’ promotion
Saturday, November 12, 2011
Give all benefits to ex-short service commission officers
Give all benefits to ex-short service commission officers: Court
Pritam Pal Singh , Sep 05, 2011, 20:03 pm IST
Give all benefits to ex-short service commission officers: Court
New Delhi, In a ruling that will benefit Short Service Commission (SSC) officers in the armed forces, the Delhi High Court has said that those officers who are forced to leave before completing their tenure due to disability and poor health are eligible for all medical and insurance benefits.
The court was hearing the petition of Sagrika Singh, who joined as SSC officer in the Indian Army Feb 2, 1999, and was attached with the Army Medical Corps but was denied medical and insurance benefits on the ground that she had not completed her tenure. Her SSC stint was cut short by kidney failure.
Directing the ministry to provide all benefits to the petitioner, the court, in its 23-page order, said: “Mandamus is issued to the defence ministry to pay the sum assured to the petitioner…and needless to state the petitioner would be entitled to simple interest on the said sum (Rs.10 lakh) at the rate of eight percent per annum reckoned from a date three months after the petitioner raised a demand.”
The division bench consisting of Justice Pradeep Nandrajog and Justice Rajiv Shakdher said: “The Army Group Insurance Fund (AGIF) was established with the approval of the government. The main object of the fund is to cater to the socio-economic needs of the army personnel and their families by providing insurance cover.”
The court pointed out that the objective of the AGIF disability scheme was to provide financial benefits to individuals whose service was cut short due to invalidation or release on medical grounds before completion of the terms of engagement or service applicable to that rank.
“The terms of engagement of the petitioner required the petitioner to serve for 14 years subject to fulfilment of the prescribed eligibility conditions. The only reason which resulted in the tenure of engagement being cut short was petitioner’s failure” to be in the required medical condition, said the court in its judgment Aug 29, made available to IANS Sep 3.
The petitioner said that after she joined the service she was granted extension by another five years. She became eligible to be considered for further extension in service by another four years, but prior to expiry of the period of five years, it was detected that one kidney of the petitioner was malfunctioning.
In the year 2009 upon examination by a medical board it was opined that the petitioner had a malfunctioning kidney and thus she was placed in permanent low medical category with disability assessed at 100 percent.
Since one condition of grant of extension in service was that the person ought not to be in low medical category, the petitioner was denied extension and released from service.
The bench observed: “Enrolled in the Indian Army as a SSC officer, the initial term of her engagement was of five years and the petitioner had a right to be considered for extension in service, firstly for a term of five years and thereafter for another term of four years. Petitioner’s right was to be considered for extension in service. The army authorities were thus under an obligation to consider the said right of the petitioner.”
Give all benefits to ex-short service commission officers
Related reading: SC boost for women officers in Army
Pritam Pal Singh , Sep 05, 2011, 20:03 pm IST
Give all benefits to ex-short service commission officers: Court
New Delhi, In a ruling that will benefit Short Service Commission (SSC) officers in the armed forces, the Delhi High Court has said that those officers who are forced to leave before completing their tenure due to disability and poor health are eligible for all medical and insurance benefits.
The court was hearing the petition of Sagrika Singh, who joined as SSC officer in the Indian Army Feb 2, 1999, and was attached with the Army Medical Corps but was denied medical and insurance benefits on the ground that she had not completed her tenure. Her SSC stint was cut short by kidney failure.
Directing the ministry to provide all benefits to the petitioner, the court, in its 23-page order, said: “Mandamus is issued to the defence ministry to pay the sum assured to the petitioner…and needless to state the petitioner would be entitled to simple interest on the said sum (Rs.10 lakh) at the rate of eight percent per annum reckoned from a date three months after the petitioner raised a demand.”
The division bench consisting of Justice Pradeep Nandrajog and Justice Rajiv Shakdher said: “The Army Group Insurance Fund (AGIF) was established with the approval of the government. The main object of the fund is to cater to the socio-economic needs of the army personnel and their families by providing insurance cover.”
The court pointed out that the objective of the AGIF disability scheme was to provide financial benefits to individuals whose service was cut short due to invalidation or release on medical grounds before completion of the terms of engagement or service applicable to that rank.
“The terms of engagement of the petitioner required the petitioner to serve for 14 years subject to fulfilment of the prescribed eligibility conditions. The only reason which resulted in the tenure of engagement being cut short was petitioner’s failure” to be in the required medical condition, said the court in its judgment Aug 29, made available to IANS Sep 3.
The petitioner said that after she joined the service she was granted extension by another five years. She became eligible to be considered for further extension in service by another four years, but prior to expiry of the period of five years, it was detected that one kidney of the petitioner was malfunctioning.
In the year 2009 upon examination by a medical board it was opined that the petitioner had a malfunctioning kidney and thus she was placed in permanent low medical category with disability assessed at 100 percent.
Since one condition of grant of extension in service was that the person ought not to be in low medical category, the petitioner was denied extension and released from service.
The bench observed: “Enrolled in the Indian Army as a SSC officer, the initial term of her engagement was of five years and the petitioner had a right to be considered for extension in service, firstly for a term of five years and thereafter for another term of four years. Petitioner’s right was to be considered for extension in service. The army authorities were thus under an obligation to consider the said right of the petitioner.”
Give all benefits to ex-short service commission officers
Related reading: SC boost for women officers in Army
Jawan tortured by Police
Jawan tortured by police, Ludhiana family alleges
Balwinder Kumar, Hindustan Times
Ludhiana, November 10, 2011
The father of an army man has alleged that his son was tortured at a police station in Ludhiana district, and has demanded a high-level probe into the incident. Harbans Singh said his son Jasbir Singh was stripped and beaten up at Mullanpur Dakha police station by station house officer (SHO), inspector Prem Singh, and other police personnel, and also slapped with two false cases on October 1.
Jasbir, 27, who is posted at Khanpur Camp in Delhi, was on leave and at home with his father in Ludhiana’s Mullanpur Dakha town when the SHO summoned the duo to the police station on October 1.
The father and son had in August complained of "forcible eviction" from their rented home and the call to the police station was reportedly in this regard.
The SHO started taking the side of the other party and pressurised Jasbir and his father to reach a compromise in the case, Harbans said.
Harbans claimed that when he opposed this, Prem Singh slapped him. "When Jasbir intervened, the SHO shut the door of the police station and he and other policemen assaulted my son," he said.
His son was stripped and brutally thrashed for two hours, Harbans said.
The next day Jasbir was sent to Ludhiana jail on "false" charges. The SHO slapped two cases against Jasbir — assaulting to deter public servant from discharge of duty (this on the statement of Prem Singh himself who was also the inquiry officer); and attempt to rape, Jasbir's father said.
This second case was registered following a complaint by a 45- year-old woman on the same day, Harbans said.
In his letter to army authorities he claimed that the woman is a "police informer" and had come to the police station in support of the opposite party.
Harbans said his family members had gone to Delhi to meet army officers of the unit, and were assured of justice. The family has written to the Punjab DGP and other senior officers demanding a probe. DIG (Ludhiana range) MF Farooqui said he had received the complaint. An inquiry would be done to ensure justice, he said. The family has also filed a bail application in the attempt to rape case in Punjab and Haryana high court.
Jawan tortured by police, Ludhiana family alleges
Balwinder Kumar, Hindustan Times
Ludhiana, November 10, 2011
The father of an army man has alleged that his son was tortured at a police station in Ludhiana district, and has demanded a high-level probe into the incident. Harbans Singh said his son Jasbir Singh was stripped and beaten up at Mullanpur Dakha police station by station house officer (SHO), inspector Prem Singh, and other police personnel, and also slapped with two false cases on October 1.
Jasbir, 27, who is posted at Khanpur Camp in Delhi, was on leave and at home with his father in Ludhiana’s Mullanpur Dakha town when the SHO summoned the duo to the police station on October 1.
The father and son had in August complained of "forcible eviction" from their rented home and the call to the police station was reportedly in this regard.
The SHO started taking the side of the other party and pressurised Jasbir and his father to reach a compromise in the case, Harbans said.
Harbans claimed that when he opposed this, Prem Singh slapped him. "When Jasbir intervened, the SHO shut the door of the police station and he and other policemen assaulted my son," he said.
His son was stripped and brutally thrashed for two hours, Harbans said.
The next day Jasbir was sent to Ludhiana jail on "false" charges. The SHO slapped two cases against Jasbir — assaulting to deter public servant from discharge of duty (this on the statement of Prem Singh himself who was also the inquiry officer); and attempt to rape, Jasbir's father said.
This second case was registered following a complaint by a 45- year-old woman on the same day, Harbans said.
In his letter to army authorities he claimed that the woman is a "police informer" and had come to the police station in support of the opposite party.
Harbans said his family members had gone to Delhi to meet army officers of the unit, and were assured of justice. The family has written to the Punjab DGP and other senior officers demanding a probe. DIG (Ludhiana range) MF Farooqui said he had received the complaint. An inquiry would be done to ensure justice, he said. The family has also filed a bail application in the attempt to rape case in Punjab and Haryana high court.
Jawan tortured by police, Ludhiana family alleges
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