All missing Prisoners of War (POWs) are “on duty”

All missing Prisoners of War (POWs) are “on duty”

Govt of India Implements 

Landmark Orders of 

Gujarat High Court in 

PIL filed by the 

Late Lt General Jagjit Singh Aurora

It was on 23 December 2011 that the Hon’ble Gujarat High Court rendered a landmark judgement in a Writ Petition filed by the late Lt Gen Jagjit Singh Aurora and others in the year 1999.

Besides other reliefs that were sought, the case was filed by the late General praying that the Govt may be directed to treat all missing Prisoners of War (POWs) as “on duty” for all intents and purposes till their date of retirement. It was also prayed that the Union of India be directed to take up the issue of the missing personnel with the International Human Rights Committee.

The High Court, through a very detailed and extensive order, which at places recorded bone chilling details on the subject alongwith all related evidence on the matter, directed the Union of India to approach the International Court of Justice in this regard and also to pay all retirement and service benefits to the kin of the missing personnel as if they had retired on superannuation.

The detailed judgement on the writ petition which was ordered to be treated as a Public Interest Litigation (PIL), not only traced the entire length and breadth of the issue but also dealt with accounts of individual cases.

The Ministry of Defence, though has challenged before the Supreme Court the part of the order which dealt with directions to the Govt to take up the case with the ICJ, has however implemented the other part which dealt with treating the missing personnel on duty and releasing benefits to the kin as if they (the missing personnel) remained on duty till their respective dates of retirement.

The Defence Ministry has already forwarded the order for implementation to the Services HQ who in turn have asked the respective Record Offices to immediately take requisite steps.

CLICK FOLLOWING LINK TO SEE JUDGEMENT

http://xa.yimg.com/kq/groups/22128919/607564308/name/Aurora%20Gen%20judgement.pdf

__._,_.___

Expected DA from January, 2013

Expectation of future Dearness Allowance from January, 2013 on the basis of 4 points jump 

in CPI-IW for the month of July, 2012 and 2 points jump in August, 2012 giving expectation

 for DA  80% or more from January 2013.
All India Consumer Price Index Number [http://labourbureau.nic.in/indtab.html] for Industrial

Workers (CPI-IW) on base 2001=100 for July, 2012 showing increase in 2 points and stood at 

214 (Two hundred & four).  If we expect only 1 point increase in this index for every month 

the Dearness Allowance for Central Government Employee will touch 80% in January, 2013. 

 In view of increased LPG & Diesel price etc. we expect more monthly increase in Index and 

similarly in future DA.  Please go through the following calculation:-

Expected Dearness Allowance DA for Jan, 2013 calculated as under:

Dearness Allowance = (Avg of AICPI for the past 12 months - 115.76)*100/115.76

Month	Base Year 2001 = 100	Total of 12 Months	Twelve monthly Average	% increase over 115.76 for   DA	DA announced or will be announced
Dec-11	197	2298	191.50	65.43%	65%
Jan-12	198	2308	192.33	66.15%
Feb-12	199	2322	193.50	67.16%	72%
Mar-12	201	2338	194.83	68.31%
Apr-12	205	2357	196.42	69.68%
May-12	206	2376	198.00	71.04%
Jun-12	208	2395	199.58	72.41%
Jul-12	212	2414	201.17	73.78%
Aug-12	214	2434	202.83	75.22%	80%
Sep-12	215	2452	204.33	76.51%
Oct-12	216	2470	205.83	77.81%
Nov-12	217	2488	207.33	79.11%
Dec-12	218	2509	209.08	80.62%
Jan-13	Expected DA from January

Implementation of the Government decision on the recommendations of the Sixth Central Pay Commission — Pension of Personnel Below Officer Rank (PBOR) discharged from service on or after 1.1.2006

MONDAY, OCTOBER 8, 2012

Implementation of the Government decision on the recommendations of the Sixth Central Pay Commission — Pension of Personnel Below Officer Rank (PBOR) discharged from service on or after 1.1.20

The Chief of the Army Staff
The Chief of the Naval Staff
The Chief of the Air Staff

Subject: Implementation of the Government decision on the recommendations

 of the Sixth Central Pay Commission — Pension of Personnel Below Officer 

Rank (PBOR) discharged from service on or after 1.1.2006.

Sir,

This Ministry’s letter No. 17(4)/08(2)/D(Pen/Policy) dated 18.08.2010 is amended as follows :-
Following may be inserted as Note below Para 3(v)-

"Note — The provisions of this letter are not applicable to JCOs granted honorary

Commission as Lieutenant and Captain. Service Pension for these ranks should

continue to be determined in terms of Para 6.2 of this Ministry letter

No. 17(4)/2008(2)/D(Pen/Policy) dated 12.11.2008."

2.    All other entries remain unchanged

3.    This issues with the concurrence of the Finance Division of this Ministry vide 

their UO No. 31(1)2008/Fin/Pen, dated 12.09.2012.

CLICK BELOW TO REFER THE FOLLOWING TWO ORIGINAL CIRCULAR


Source/Original: http://cgda.nic.in/audit/mgp200912.pdf

To see letter dated 18-08-2010 click here http://pcdapension.nic.in/6cpc/Circular-471.pdf 

LIC's SPECIAL LEAVE PETITION IN SUPREME COURT.

Wednesday, October 3, 2012

LIC's SPECIAL LEAVE PETITION IN SUPREME COURT.

Supreme Court of India

You know it. Court proceedings are many-a-time a time consuming affair. 

LIC's Special Leave Petition against the order of the Rajasthan High Court  was last listed in the cause list of the Supreme Court for 7th February this year. It was again listed for 5th October.

Now we have the news that the Special Leave Petition is postponed to 26th November 2012.

The result: Pretty well an year will be over with a couple of postponements.... and who knows, when our woes will be over once for ever.

Amendments in Ex-servicemen (Re-employment in Central Civil Services and Posts) Rules, 2012 - Gazette Notification

Amendments in Ex-servicemen (Re-employment in Central Civil Services and Posts) Rules, 2012 - Gazette Notification

[To be published in the Gazette of India, Extraordinary, Part II, Section 3, Sub section (I)]

Government of India
Ministry of Personnel, Public Grievances and Pensions

NOTIFICATION

New Delhi, dated the 4^th October, 2012

G.S.R. – In exercise of the powers conferred by the proviso to article 309 of the Constitution, the President hereby makes the following rules further to amend the Ex-servicemen (Re-employment in Central Civil Services and Posts) Rules, 1979, namely:-

1.

(1) These rules may be called the Ex-servicemen (Re-employment in Central Civil Services and Posts) Amendment Rules, 2012.

(2) They shall come into force from the date of their publication in the Official Gazette.

2. In the Ex-servicemen (Re-employment in Central Civil Services and Posts) Rules, 1979

(I) in rule 2, for clause (c), the following clause shall be substituted, namely:-

           (c) An ‘ex-serviceman’ means a person -

                      (i) who has served in any rank whether as a combatant or non­combatant in the Regular Army, Navy and Air Force of the Indian Union, and                                                                                                                                 

                                   (a) who either has been retired or relieved or discharged from such service whether at his own  request or being relieved by the employer after earning his or her pension; or                                 

                                  (b) who has been relieved from such service on medical grounds attributable to military service or circumstances beyond his control and awarded medical or other disability pension; or

                                    (c) who has been released from such service as a result of reduction in establishment;

or

(ii) who has been released from such service after completing the specific period of engagement, otherwise than at his own request, or by way of dismissal, or discharge on account of misconduct or inefficiency and has been given a gratuity; and includes personnel of the Territorial Army, namely, pension holders for continuous embodied service or broken spells of qualifying service;

or

(iii) personnel of the Army Postal Service who are part of Regular Army and retired from the Army Postal Service without reversion to their parent service with pension, or are released from the Army Postal service on medical grounds attributable to or aggravated by military service or circumstance beyond their control and awarded medical or other disability pension;

or

(iv) Personnel, who were on deputation in Army Postal Service for more than six months prior to the 14^th April, 1987;

or

(v) Gallantry award winners of the Armed forces including personnel of Territorial Army;

or

(vi) Ex-recruits boarded out or relieved on medical ground and granted medical disability pension.

(2) for rule 3, the following rule shall be substituted, namely:-

"3. Application – These rules shall apply to all the Central Civil Services and Posts and the posts upto the level of Assistant Commandant in all paramilitary forces."

(3) in rule 4,-

(a) for sub-rule(I), the following sub-rule shall be substituted, namely:-

"(i) Reservation of vacancies: — Ten per cent of the vacancies in the posts upto of the level of the Assistant Commandant in all para-military forces, ten per cent of the vacancies in Group ‘C’ posts; and twenty per cent of the vacancies in Group ‘EY posts, including permanent vacancies filled initially on a temporary basis and temporary vacancies which are likely to be made permanent or are likely to continue for three months and more, to be filled by direct recruitment in any year shall be reserved for being filled by ex- servicemen."

(b) for sub-rule(2), the following sub-rule shall be substituted, namely:-

"(2) The Scheduled Castes, the Scheduled Tribes and the Other Backward Class candidates selected against the vacancies reserved for ex-servicemen ^.shall be adjusted against vacancies reserved for Scheduled Castes, Scheduled Tribes and Other Backward Classes, respectively:

Provided that if a the Scheduled Caste or the Scheduled Tribe or the Other Backward Class ex-servicemen is selected against the vacancy reserved for ex-servicemen and vacancy reserved for the Scheduled Castes or the Scheduled Tribes or the Other Backward Classes, as the case may be, is not available to adjust such ex- serviceman, he shall be adjusted in future against the next available vacancy reserved for the Scheduled Castes or the Scheduled Tribes or the Other Backward Classes, as the case may be."

(c)

after sub-rule (3), the following proviso shall be substituted, namely:-

"Provided that in case of recruitment to the vacancy reserved for Ex-servicemen in the Central Para Military Forces, the reserved vacancy remained unfilled due to non-availability of eligible or .qualified candidates, the same shall be filled by candidates from non-ex-servicemen category".

(4) for rule 5, the following rule shall be substituted, namely:-

"(5) (a)

  For appointment to vacancies in Group B(Non-Gazetted), Group C or Group D posts in Central Government, an ex- serviceman shall be allowed to deduct the period of actual military service from his actual age and if the resultant age does not exceed the maximum age limit prescribed for the post for which he is seeking appointment by more than three years, he shall be deemed to satisfy the condition regarding age limit.

(b) For appointment to any vacancy in Group A and Group B services or posts filled by direct recruitment otherwise than on the results of an Open All India Competitive Examination, the upper age limit shall be relaxed by the length of military service increased by three years in the case of ex- servicemen and commissioned officers including Emergency Commissioned Officers or Short Service Commissioned Officers.

(c) For appointment to any vacancy in Group A and Group B services or posts filled by direct recruitment on the results of an All India Competitive Examination, the ex- servicemen and Commissioned Officers including Emergency commissioned Officers or Short Service Commissioned Officers who have rendered at least five years military services and have been released -,

(i)on completion of assignment (including those whose assignment is due to be completed within one year) otherwise than by way of dismissal or discharge on account of misconduct or inefficiency; or

(ii) on account of physical disability attributable to military service or on invalidment, shall be allowed maximum relaxation of five years in the upper age limit.

VIEW ORIGINAL ORDER-CLICK HERE

'Lot of work remains for meeting demands of ex-servicemen' Air Chief Marshal N A K Browne

'Lot of work remains for meeting demands of ex-servicemen'

The Rs 2,300 crore package announced by the government for ex-servicemen was a "small incremental change" and a lot of work is still to be done, Air Chief Marshal N A K Browne said today. "You have already heard the views of the ex-servicemen on the issue and this is just being the small incremental change that has taken place. It is not the final OROP (One Rank One Pension) that ex-servicemen are seeking. Only the fixation issues have been changed and much more work is still to be taken," the IAF Chief said here. The government had announced a package of Rs 2,300 crore towards meeting the pension demands of the armed forces last month, but ex-servicemen groups and associations had expressed disappointment over the step and termed it as an eyewash. The Services have been demanding anomalies and issues over pay and pension be addressed by the Centre and have been writing letters to it. Recently, Defence Minister A K Antony had termed the Rs 2,300 crore package as an ongoing process towards meeting the OROP demand of ex-servicemen. http://www.business-standard.com/generalnews/news/lotwork-remains-for-meeting-demandsex-servicemen/64915/ .

Defence Line - One Rank One Pension - 29 Sept 2012 - Part 2

 

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