SUNDAY, NOVEMBER 25, 2012
INVITATION VETERANS RALLY AT JANTAR MANTAR.NEW DELHI...01 DEC 2012

INVITATION
DEFENCE VETERANS WILL CONTINUE COUNTRYWIDE MOVEMENT AGAINST GOVERNMENT APATHY VISHAL EX SERVICEMEN RALLY AT JANTAR MANTAR, NEW DELHI ON 01 DEC 2012- 10 AM

Dear Members of the Media,
1.       Peeved by continued apathy of the Government towards their genuine demands, the Defence Veterans plan to continue their protests across the country.  As part of it, an Ex Servicemen Rally will be held at Jantar Mantar, New Delhi on 01 Dec 2012 from 10 AM to 3 PM.
2.       One Rank One Pension (OROP) is a four decades old demand of Defence Veterans. It implies “Defence Personnel with the same rank and same length of service must draw the same pension irrespective of the date of retirement”.  However despite most political parties declaring support for it, and despite many Committees on Defence recommending implementation of OROP for Defence Veterans, the Government has not implemented it.
3.       Unfortunately this is not an isolated case of neglect of Defence veterans’ interests. Many Governmental actions relating to Veteran affairs indicate an institutional indifference and perhaps willful design that is both alarming and demotivating. Consider the following:
a.       The ridiculous situation wherein a Major General draws a pension lower than that of a Lieutenant Colonel- three ranks lower in the hierarchy.
b.      A Havildar drawing a pension less than that of a Sepoy, which is a much junior rank?
c.       A Lieutenant General drawing almost the same pension as a Colonel or a Brigadier, ranks that are junior.
d.      While all Central Govt employees have been given three Assured Career Progressions by the 6th CPC, the same has been denied to the “Sepoy” who is compulsorily retired after 15 – 17 years of service and the Assured Career progression to Defence persons are authorized after 8, 16, 24 years of service.  Is it not Gross injustice that a Sepoy is not granted the financial benefit of 3rd Career Progression before retirement to enable him to get the pension accordingly?  
e.      Non-inclusion of Defence Services in even benefits like Non Functional Upgrades, made applicable to all other Government services EXCEPT Defence Services.
f.        Widows of Defence personnel are invariably left out of accretions in Pensions announced for JCO/OR.
g.       An amazing 39 serious anomalies have arisen in the implementation of even the 6th Central Pay Commission, causing grave injustice to the Defence Personnel in their status and thus inter-se equation with other Central Services, pay and pensions.
h.      Non implementation of the ‘Rank Pay’ awarded holistically by the Fourth Pay Commission, despite a recent court order.
i.         Periodically falsely claiming grants and benefits to Defence Veterans, without them being granted.
j.        Contesting all judicial orders / rulings favoring Defence Veterans.
k.       Non-inclusion of Uniformed fraternity even in committees set up over matters directly affecting them.
4.       It appears that our Government does not respect the sacrifices made by a soldier-who does not think twice before making the supreme sacrifice. This is a very unfortunate state of affairs.
5.       As you are aware, Defence Veterans have been depositing their medals with the President to protest the Government’s apathy towards them. 22000 medals have already been thus deposited. Following the Rally on 1 December, the next tranche’ of approximately ten thousand medals will first be taken around to various locations in NCR before being taken to Rashtrapati Bhawan, to make our countrymen aware of the injustice meted out to Defence Veterans.
6.       IESM has great pleasure in inviting you to please attend the rally on 1 Dec 2012 from 10 AM on, and experience firsthand, the angst of the Defence Veterans community.
Jai Hind!!
With Warm Regards,                                                      
 Yours Sincerely,
Maj Gen (Retd) Satbir Singh, SM                                                                    
Vice Chairman Indian Ex Servicemen Movement
 Mobile: 9312404269, 0124-411057                                                
Email:satbirsm@yahoo.com, satbirsm@gmail.com

THE CHAIRMAN  IESM MEETS  DEFENCE MINISTER

The chairman IESM had an opportunity to meet the defence minister on 12/11/2012. .

. OROP Vs Sanction of Rs 2300 Cr for Pension Enhancement. . During the discussion the defence minister confirmed that he has already cleared the file and the case is in progress with the DOPT and efforts are being made to clear it soon.  

Issue small, fallout fearsome!

 military veteran laments the government’s apathy towards the Indian armed forces with respect to pension and the lack of leadership could turn out to be disastrous

The issue of ‘One Rank One Pension’ (OROP), for the military services, has been heating up for a long time. More recently, India has seen its 2.3 million ex-servicemen—the most disciplined and law-abiding class in our society—having to publicly protest and return their medals, with petitions signed in blood, to draw government’s attention. Unlike their Indian Administrative Services (IAS) and other civil services brethren, military servicessoldiers do not have ‘Associations’ to hold rallies and demonstrations to express their grievances. Ex-servicemen (or ex-military services personnel) are, therefore, neither used to nor temperamentally inclined to make public their woes—a virtue the nation must respect. Yet, if an increasing number of them are now resorting to such methods, it must become a cause of concern for the government.

The arguments citing burden on the national exchequer and risk of triggering similar demands from other central civil services are unfair and unjust because there is no similarity in the job profiles of civil and military services. The rationale behind such rival claims would, therefore, be grossly faulty and scantily-clad mischief aimed at perpetuating the ongoing neglect and systematic suppression of the military and its retiring/retired soldiers. There are ground realities that further reinforce the genuineness and urgency of not only the grant of OROP to the ex-servicemen but also the importance of restoring the lost dignity, morale and well being of the nation’s muscle power—Indian Armed Forces:

1. Significance of Military ‘Rank’: The hierarchy of military leadership is based upon visible badges of rank and embellishments on the uniform worn by officers and JCOs/NCOs (Junior Commissioned Officers/Non-Commissioned Officers). All professional and social protocol of inter-action is governed by the status and authority carried by respective rank, in the hierarchical order. Legally and traditionally, the Armed Forces personnel carry their rank even on retirement, as a legacy, whereas in the active military service no junior can get more salary than his senior in the same rank. This equation is, ironically turned upside down, as we have juniors retiring later getting more pension than their seniors who retired earlier in the same rank. It is ridiculously embarrassing besides being unjust in every respect.
    
2. Serving and Retiring at a Loss: The majority of jawans and officers retire 10 to 20 years earlier than their civilian brethren, thereby losing service benefits, pay and allowances of higher ranks for those many years. The necessity to maintain a youthful military profile leads to jawans and JCOs retiring when they are still in the age group of 38 to 48 years and officers at 50, with their kids still too young and parents too old, with expanded family responsibilities. Civilians, on the other hand, get to serve up to 60 years and retire happily after reaching their final pay bands, with their children well settled and life’s basic commitments largely accomplished. These harsh terms and conditions of service results in heavy financial loss at the most crucial stage of a soldier—when he needs financial security most. Since almost all civil government employees reach their final post/pay band, they naturally retire having earned highest pension scale in their stream, which virtually translates to a more remunerative deal than the OROP demanded by ex-servicemen!

Accordingly, if military personnel chose to invoke the “principle of equity”, they should rightfully be demanding the highest pension grades in the corresponding running pay band of sub-major in respect of JCOs/OR (other rank) and the final scale of Senior Administrative Grade (SAG)/Higher Administrative Grade (HAG) (Major General/Lt General) in respect of officers since similar dispensation is in vogue for civil services.

3. Unequal Career Growth Options: Whereas nearly all civilians make speedy career advances, in secure environs of their pre-specified state cadres/deputations and reach their highest rank/pay bands, the majority in the Armed Forces (jawansand officers) find themselves out of job even though they fulfil the laid down criteria for career advancement/promotions.  A look at this career contrast: While over 90% of the IAS officers reach secretary/additional secretary level and none retires below joint secretary rank, only 0.02% of the Armed Forces officers make it to Army Commander level, 0.15% to other Lt General levels (Corps Commanders and others) and only 0.4% to Major General level (even after the recent cadre enhancement!). Because of the constricted pyramidal organisational structure of the Forces, a large number of competent officers fully eligible for higher ranks have to be wasted out every year. Caught in a whirlpool of systemic adversity, large numbers of qualified officers get neither their deserved pay nor pension.  Likewise, the majority amongjawans too reach no further than Honorary Havildar level, whereas almost all lower division clerks (LDC) in central services and all constables are assured to retire at least as Section Officers and sub-inspectors respectively reaping highest returns until and after 60 years of age. Military personnel obviously deserve to be appropriately compensated for the losses they are suffering due to early retirement and short-changed dispensation due to restricted career opportunities, early loss of job and resultant loss of salary and pension.
    
4. ‘Unique’ Service Conditions: Forfeiting their fundamental rights our jawans and officers not only serve in extremely hostile terrain and climate but also spend the better part of their lives separated from their families with no guarantee of even weekly holidays and festivals. From fighting at the world’s highest battlefield where hostile terrain and weather claim more lives than from enemy fire, to operating in jungles and deserts far away from the comforts of civilisation, soldiers lead an unusually tough life which is unseen and unimagined in normal civil life. These extraordinary service conditions make the Armed Forces uniquely distinct and incomparable with any other Service in the country. Recognising this uniqueness of the Defence Services, the government has already decided to have a separate pay commission for the Armed Forces in the future (as announced in the Lok Sabha by the defence minister on 13 July 2009). The crucial details as to how such a pay commission would be constituted and how equal to or independent of the other the central civil services pay commission it would be have not yet been made public.

5. Nation’s Last Resort: In spite of the back-breaking economic recession, it is primarily because of its superior military might that the United States is in a position to assert its will and authority, coercively, over any country in the world, disregarding dissent, if any, from any power in the world. It is through a credible military deterrent that a nation’s diplomatic and political strides find meaning and gives the economy its protective cover. Few countries have used their military might more than India to defend borders and maintain order. With a history of four wars since Independence, incessant insurgencies and expanding terrorism, India should be imparting lessons to the world on the importance of maintaining a powerful and motivated military. The government and the people alike have always turned to Fauj (Armed Forces) for speedy solutions—from Siachin to Arunachal to Kanyakumari, for anything too serious or too dangerous i.e. natural calamities, epidemic, riots, disruption of essential services, failure of civil administration and even for salvaging the national honour in fiascos like the CWG footbridge collapse. Others raise their hands, stand aside and watch. But has the Fauj ever belied nation’s faith in its Armed Forces? Their failure, God forbid, if ever so it were, would be a national disaster.

The treatment being meted out to the Armed Forces in India has hurt serving and retired soldiers alike. A calculated and systematic method is seen clearly at work in degrading the position and prestige of military ever since the Fourth Pay Commission.  Every successive pay commission has pushed Armed Forces a few notches below their deserved niche. The way the Ex-servicemen’s demand for OROP proves that there are anti-military forces aggressively at work to deprive soldiers and ex-soldiers of their genuine dues. In all fairness, bureaucrats found guilty of delaying and denying military dues and entitlements must be severely dealt with and even prosecuted for their inefficiency and anti-national outlook. This must be particularly ensured in cases where the political leadership and/or the higher judiciary have ruled in favour of the military. The case in point is the ex-servicemen’s demand for OROP, which has been long lost in bureaucratic machinations despite its non-controversial character and unanimous support from all parties that have ever deliberated over this demand. It is clear from the following facts on record:

1. Grant of OROP has been repeatedly recommended by successive Parliamentary Committees over the years.

2. Nearly all major political parties, including Congress and the BJP, have supported the long pending OROP demand in their election manifestoes. The UPA chairperson, Sonia Gandhi has, on record, declared her support in favour of ex-servicemen on this score in her public utterances and media interactions.

3. Observations and directions passed by the judiciary (including the honourable Supreme Court) in a number of cases relating to disparity in pay & pension of ex-servicemen have favoured removal of disparity on this issue. An anguished Supreme Court has gone to the extent of admonishing the authorities for treating soldiers/ex-soldiers like ‘beggars’.

4. The committee headed by the cabinet secretary found it hard to refute the legitimacy of OROP demand. However, while the committee largely accepted the essence of the demand in respect of the JCOs/OR or Personnel Below Officer Rank (PBOR), in the case of Commissioned Officers, it stopped just short of according parity between pre and post 01-01-2006 pensioners. (Statement of AK Antony, minister of defence in the Lok Sabha on 13 Jul 2009). Confounding the simple issue, the committee’s convoluted recommendations, at best, halved the injustice to officers by introducing an absurdly misleading idea “modified parity” as if there could be such a thing as “modified truth” or “starve & enjoy”!

Unfortunately, a skewed impression has been created about the genuine requirements of the serving and retired soldiers as if these were nothing more than their welfare demands.  The seriousness of repercussions of such distorted views, in weakening the vitals of our national defence, is indeed grave because the nation’s defence potency will be only as strong as the motivation of its soldiers. Their well-being must, therefore, be viewed as national imperatives and not merely questions of their welfare. Since every serving soldier is a future ex-serviceman, repercussions of decisions on issues like OROP directly affect the psyche of fighting soldiers as well. The simmering disgruntlement among the soldiers and ex-soldiers raises serious questions on the state of morale and motivation of our Armed Forces. Nothing can be more perilous for a country than an impoverished leadership in the wake of continuing government apathy towards a demoralised military on basic issues such as OROP.

(The author is a military veteran and author of two international bestseller books on Leadership Development.)

curtsy-following link

ccuurts-following link

http://www.moneylife.in/article/issue-small-fallout-fearsome/28785.html

   EX-SERVICEMEN STATUS FOR
  RETIRED PARAMILITARY 
  PERSONNEL: The Hindu
The Union Cabinet  approved a proposal to give ex-servicemen status to retired personnel of paramilitary and central police forces, thus making them eligible for welfare benefits being availed by retired defence personnel, according to Union Home Minister Sushil Kumar Shinde.

“The granting of ex-servicemen status  was a longstanding demand of retired paramilitary personnel. These personnel as per the scheme will be called as ‘ex-central police personnel’ on the same footing as ‘ex-servicemen’ in the defense forces.Paramilitary personnel, like defense forces,have put their life at stake  in the course of duty and there is no problem in granting them this honor,” Mr. Shinde said while addressing the 73rd anniversary celebrations of the Central Reserve Police Force (CRPF) and at a Central Industrial Security Force (CISF) event.

The new status would benefit over four lakh retired paramilitary and central police forces personnel. They can now avail certain subsidized medical and canteen facilities.‘Ex-central police personnel’ from paramilitary forces such as the CRPF, CISF, BSF, ITBP and SSB eligible will also be able to apply for jobs in the private sector that recognize ‘ex-servicemen’ as a trained and suitable talent for their organisations.

http://www.thehindu.com/todays-paper/tp-national/exservicemen-status-for-retired-paramilitary-personnel/article4056610.ece

BASIS OF CALCULATION OF ENHANCED PENSION WITH 2 MORE YEARS OF WEIGHTAGE

THE MUCH AWAITED ENHANCED PENSION INSTEAD OF OROP IS LIKELY TO BE  CALCULATED ON THE BASIS OF NOTIONAL PAY AS APPLICABLE TO VARIOUS RANKS IN GROUPS ACROSS THE THREE SERVICES.IT MEANS THE ACTUAL SERVIVE  ADDED BY WEIGHTAGE GIVEN TO VARIOUS RANKS INCLUDING THE TWO YEARS GIVEN NOW SHOULD BE APPLIED TO  50% OF THE NOTIONAL PAY(OROP) APPLICABLE TO RANKS IN GROUPS OF THE SERVICES.THUS IT SHOULD BE CLEAR THAT OROP IS 50 % OF THE NOTIONAL PAY AS APPLICABLE TO VARRIOUS RANKS IN GRUOPS ACROSS THE THREE SERVICES GIVEN IN CIRCULAR 471 ANNEXTURE-A. IT IS CALCULATED  AS SHOWN BELOW.

*NP  X  WEIGHTAGE( AS SHOWN BELOW)

                  33

LATEST WEIGHTAGE FOR RANKS( EQUVALANT RANKS OF ARMY, NAVY, AIRFORCE)

SEPOY           = 12 YEARS + ACTUAL SERVICE

NAIK             = 10 YEARS + ACTUAL SERVICE
HAVILDAR   = 08 YERAS + ACTUAL SERVICE

* (NP)THE NOTIONAL PAY IS GIVEN IN PCDA CIRCULAR NO. 471 ANNEXURE - A

                   

CLICK THE FOLLOWING LINK TO VIEW THE ANNEXURE-A IN CIRCULAR 471  

http://www.pcdapension.nic.in/6cpc/Circular-471.pdf

HENCE IT IS VERY CLEAR THAT THE INTENTION OF THE GOVERNMENT IS TO

 EQUATE PENSION ACROSS  THE  RANKS IN GROUPS OF THREE SERVICES INSTEAD OF OROP. THIS IS A WELCOME STEP BUT THIS SHOULD HAVE BEEN IMPLEMENTED AFTER GRANTING OROP. IN OTHER WORDS OROP MEANS 50% OF THE NOTIONAL PAY, WHICH IS A GENUINE DEMAND OF VETERANS .OROP IS IN  BETWEEN THE 50% OF THE MINIMUM & MAXIMUM OF THE NOTIONAL PAY AS PER LENGTH OF SERVICE.  HENCE WE ARE STILL FAR AWAY FORM OROP.

.

LET US CARRY THE STRUGGLE FORWARD TILL WE ATTAIN SUCCESS

                                           JAI BHARATH MATHA KI 

LETTER WRITTEN BY MR. RAJEEV CHANDRASEKAR MP TO PRIME MINISTER FOR IMPLEMENTATION OF OROP IN LETTER & SPIRIT

DOUBLE CLICK THE FOLLOWING LINK TO SEE THE LETTER

http://www.rajeev.in/NewsRoom/rajeev_writes/OROP/Oct082012.pdf

LIC SLP CLARIFICATION ORDER ISSUED

17-10-2012 

                                                          ORDER OF THE COURT

ITEM NO.3 COURT NO.4 SECTION XV

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

IA No.3 In Petition(s) for

Special Leave to Appeal (Civil) No(s).29956-29957/2011

L.I.C. Petitioner(s)

VERSUS

KRISHNA MURARI LAL ASTHANA & ORS. ETC. Respondent(s)

(With appln(s) for clarification and office report)

Date: 17/10/2012 This I.A. was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE G.S. SINGHVI

HON'BLE MR. JUSTICE SUDHANSU JYOTI MUKHOPADHAYA

For Petitioner(s) Dr.A.M.Singhvi, Sr.Adv.

Mr.Parag P.Tripathy, Sr.Adv.

Mr. Ashok Panigrahi, Adv.

Mr.Surajit Bhaduri, Adv.

For Respondent(s)/ Mr.Amarendra Sharan, Sr.Adv.

Applicant Mr.R.K.Singh, Adv.

Mr.Kumar Gaurav, Adv.

Mr. Rameshwar Prasad Goyal, Adv.

Mr.Aakash D.Pratap, Adv.

Ms.Vimla Sinha, Adv.

Ms.Sushma Suri, A.O.R.

UPON hearing counsel the Court made the following

O R D E R

I.A.No.3 of 2012 In SLP(C) No.29957 of 2011

This is an application by the respondent for clarification of order dated 14.11.2011.

We have heard Shri Amarendra Sharan, learned senior counsel for the applicant and Dr.A.M.Singhvi, learned senior counsel for the SLP-petitioner and are satisfied that order dated 14.11.2011 needs to be clarified so that neither party may remain under a mistaken impression about the purport of this Court's order.

In view of the above, paragraph 3 of order dated 14.11.2011 is substituted with the following:

"In the meanwhile, the proceedings pending before the High Court under the Contempt of Courts Act, 1971 shall remain stayed subject to the condition that within eight weeks from today, the petitioner shall deposit in the Registry of the High Court the amount due to the pensioners i.e. the writ petitioners with effect from the date of their eligibiity to get retiral benefits."

I.A. No.3 of 2012 is disposed of in the manner indicated above.

As a sequel to disposal of I.A.No.3 of 2012, I.A.No.4 of 2012

in I.A.No.3 of 2012 in SLP(C)No.29957 of 2011 is also disposed of.

(Satish K.Yadav) (Phoolan Wati Arora)

Court Master Court Master

_________________________________________________________________
THE CONTEMPT PETITION PENDING IN RAJ HC WAS LISTED  ON 25/10/2012.  DUE TO THE SC ORDER DATED 17/10/2012 IT HAS BEEN ADJOURNED TO JANUARY 2013 TO SEE AS TO WHAT AND WHEN LIC DEPOSITS THE MONEY AND ALSO WAITING DISPOSAL OF SLP IF POSSIBLE

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.

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