FLASH
FLASH
Thursday 13 July 2017
Wednesday 12 July 2017
Govt clips wings of Armed Forces Tribunal in new rules
- Written by Man Aman Singh Chhina | Chandigarh |
The rules also reiterate the role of the Defence Secretary in selecting the Members of the tribunal and even consultation with the Chief Justice of India (CJI) has been abrogated. The Defence Secretary and other bureaucrats would now have a role in ordering inquiries against members of the tribunal and their removal, which could only be undertaken by a Supreme Court judge till now.
The facilities and benefits of retired High Court Judges appointed as Judicial Members have been downgraded to regular Group A (Class I) officers of the Central Government. While the SC had directed a longer tenure for tribunal members without a provision for re-appointment to ensure independence, the new rules have decreased even the existing tenure to 3 years and have provided for re-appointment by a selection committee, of which the Defence Secretary is a member. This, despite the fact that the Defence Secretary is the first respondent party in all litigation in AFT.
While the existing provisions barred the post-retirement employment of members with the government, the new rules specifically allow such employment. Under the new rules, any advocate with 10 years of practice can be appointed as the AFT Chairperson while the lower appointment of Judicial Member can only be held by a High Court Judge.
Chairman of All Indian Ex-servicemen Welfare Association and a practising advocate at AFT’s Chandigarh bench, Bhimsen Sehgal, said that the amendment to rules was wrong and it will degrade the status of the appointees. “Nobody will come forward to become a member of the AFT in view of such rules. Further, the AFT should come under the ambit of the Minstry of Law and not Ministry of Defence. It cannot function independently as all infrastructure is provided by MoD,” he said.
Sources say that the government had notified the rules even when the Punjab and Haryana High Court had directed the central government in 2012 to place the AFT under the Law Ministry and also to recast the selection committee. When the UPA Government had approached the SC with a Special Leave Petition, the apex court had refused to stay the judgement and had only agreed to stay the contempt proceedings in the HC.
http://indianexpress.com
Saturday 8 July 2017
Rs 4 crore compensation to officer court-martialled 26 years ago
LUCKNOW: In a landmark judgment, Armed Forces Tribunal (AFT) has ordered the defence ministry to pay Rs 4 crore compensation to an officer who was court-martialled 26 years ago.
While reinstating the service of second lieutenant SS Chauhan, the AFT also asked the army to deposit Rs 1 crore with the Army Central Welfare Fund within a period of four months.
Chauhan, of the Sixth Rajput Battalion, was posted in Srinagar when he was courtmartialled after being declared a deserter and mentally unstable.
Quashing the court-martial of Chauhan, Justice DP Singh and Air Marshal Anil Chopra asked the defence ministry to reinstate the of ficer and provide him promotional avenues up to the stage of lieutenant colonel for the purpose of arrears of salary, pension benefits and rank.
"Keeping in view... mental pain, agony and humiliation suffered by the petitioner, it is a fit case where the petitioner should be awar ded exemplary compensatory cost," the bench observed.
Chauhan, who hails from UP's Mainpuri district, was court-martialled on November 4, 1991, and the order was approved by the then General Officer Commanding-inChief, Srinagar. The officer reportedly landed in trouble when he recovered 147 gold biscuits weighing around 27.5kg during a search operation in Srinagar on April 11, 1990.
In his petition, Chauhan pointed out that the gold biscuits were recovered from a house in the presence of other soldiers and were handed over to his seniors.
Justice Singh and Air Marshal Chopra directed the chief of the army staff to look into the matter.
http://timesofindia.indiatimes.com
Thursday 6 July 2017
OROP CASE HEARING LIKELY ON 05/07/2017
SUPREME COURT OF INDIA
Tuesday 4 July 2017
Tuesday, 4 July 2017 | 06:20:31 PM
Low military service pay: Petition in Orissa HC
A petition was filed in the Orissa High Court on Monday by former
Defence personnel against the Finance and Defence Ministries against
being aggrieved over the low pay given to soldiers, sailors and airmen
since September 1, 2008.
The petitioners stated that because of this, each individual ex-Serviceman pensioner (JCO,OR) lost a minimum Rs 31,0700 (without DA) in the last 109 months and, thus, they subsequently also lost the benefits of OROP and the 7th Central Pay Commission recommendations which is linked to this Military Service Pay whereas the real benefit is availed only by the Commissioned Rank Officers.
This is great injustice and can demoralise both serving and retired Junior Commissioned Officers, Non-Commissioned Officers and the other ranks of the three services, pointed out the petitioners.
If in India an organisation like military, the Government cannot bring uniformity in single allowance, i.e., Military Service Pay which represents persons wearing uniforms then the country would never reach the basic objectives of the Constitution that are equality, justice, fraternity, freedom and liberty as enumerated in its preamble, the petitioners stated.
http://www.dailypioneer.com/state-editions/bhubaneswar
The petitioners stated that because of this, each individual ex-Serviceman pensioner (JCO,OR) lost a minimum Rs 31,0700 (without DA) in the last 109 months and, thus, they subsequently also lost the benefits of OROP and the 7th Central Pay Commission recommendations which is linked to this Military Service Pay whereas the real benefit is availed only by the Commissioned Rank Officers.
This is great injustice and can demoralise both serving and retired Junior Commissioned Officers, Non-Commissioned Officers and the other ranks of the three services, pointed out the petitioners.
If in India an organisation like military, the Government cannot bring uniformity in single allowance, i.e., Military Service Pay which represents persons wearing uniforms then the country would never reach the basic objectives of the Constitution that are equality, justice, fraternity, freedom and liberty as enumerated in its preamble, the petitioners stated.
http://www.dailypioneer.com/state-editions/bhubaneswar
Monday 3 July 2017
Govt to soon come out with fresh norms for disability pension
Press Trust of India|New Delhi
July 2,2017LastUpdatedat 11:22 IST
The government has
decided to remove existing "anomalies" and come out with a specific
percentage-based system for granting disability pensions to Army, Navy
and Air Force personnel sustaining injuries in the line of duty.
The decision has been taken in view of the long-standing demand of the armed forces that the current system of determining disability pension needs an overhaul.
Under the existing mechanism, 30 per cent of the last salary minus the dearness allowance is given as disability pension to those sustaining 100 per cent disability.
The pension amount reduces depending on specific percentage of the injury and sources said the affected personnel often take legal recourse, alleging discrepancies in determining quantum of injury.
As per the new slab-based system, security personnel with 20-50 per cent disability will be considered 50 per cent disabled while those with 50-75 per cent bracket will come under the 75 per cent disabled category.
Any personnel with more than 75 per cent disability will be considered 100 per cent disabled.
So all the eligible disability pensioners will be considered under three broad categories and accordingly pensions will be determined.
"It will be a robust system and will address long-pending grievances of the armed forces," a senior official said.
Explaining the new system, he said, "Any person with 50 per cent disability will get half of the total pension being given to a person with 100 per cent disability under existing mechanism."
The government had started giving disability pension with effect from January 1, 2006 to those who had taken pre-mature retirement due to injuries sustained in line of duty.
The changes being introduced to calculate disability pension are based on recommendation of a committee headed by former Adjutant General of the Army, Lt Gen (retd) Mukesh Sabharwal.
The mandate of the committee was to suggest remedial measures to reduce litigations and disputes in various courts relating to disability pension.
(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)
Saturday 1 July 2017
COMMEMORATION OF KARGIL HERO
Eighteen
years after we lost our son in the Kargil war your mail was most
thoughtful. Thanks. It is this support that has sustained
us through these years. Young men like Vijyant did what the nation
expected of them –their duty. Actually, the war in Kargil brought the
best in the Indian nation –those like Capt Vijyant, who fought bravely
and fell honorably to redeem India `s sanctity&
the countrymen who showered their love & their support for the
brave hearts. We of course feel proud though we also live with the pain
of a young son lost as any other parent, every day of our life.
WE ARE DEAD SHORT DAYS AGO WE LIVED
SAW SUN RISE FELT SUNSET GLOW
LOVED AND WERE LOVED AND NOW WE LIE
ON THE SLOPES WHERE YELLOW ROSES GROW.
TAKE UP OUR FIGHT WITH THE FOE,
To U WITH FALLING HANDS WE THROW
THE TORCH BE YOURS TO HOLD IT HIGH………………….
Thanks, Yours’sCol & MRS V N Thapar
Col V N Thapar
Friday 30 June 2017
REPORTS FROM THE DIAS OF JM AGITATION FOR OROP
PROTEST
MOVEMENT AT JM AND IMPLEMENTATION OF
ONE RANK ONE PENSION (OROP)
Dear Friends,
1. You are aware that the
OROP Anomalies have not been corrected by the Govt which has adversely affected
our Pensions of 7th CPC.
2. While large majority of
Defence Family is in favour of continuation
of our Protest Movement at JM, a few of us mostly internet users who for the
reasons best known to them want JM to be
stopped. When we ask these persons that
we have not got Actual OROP then why they wanted us to move out from JM, they
have no answer except that we should take the legal route. Some of them are satisfied and happy for what
the Govt has implemented.
3. Presence of large number
of ESM at JM on 14 May and 15 June 2017 and their overvaluing resolve to
continue with the Agitation till Actual OROP is implemented is a factor which should
not be ignored while arriving at the decision.
4. “Restoration of Respect
& Justice for Jawan” in our country is far away. Some extremely derogatory, degrading and humiliating
statements by members of the Political Class against the Army in the recent
past are cause of serious concern. The
Govt, it seems has not taken the required serious action against the
culprits. The last bastion of the Nation
ie Defence Forces are being degraded, humiliated and disrespected. There is shortage of over 11000 officers and
the suitable youth is not being attracted to the Profession of Arms.
5. While the Rank and File
participate in large number, the officers in the required numbers are not coming
to JM. Leaders whether serving or
retired have to be leading from the front.
There is urgent and strong need for officers to visit JM on daily basis
to fight for the cause of soldiers.
6. I appeal to the officers,
specially seniors to showcase their solidarity by visiting JM as often as
possible. They should suggest alternate
options to get Actual OROP implemented and lead the execution of their Plan.
“United we stand Divided we Fall”
With regards,
Yours Sincerely,
Maj Gen Satbir Singh, SM (Retd)
Advisor
United Front of Ex Servicemen Jantar Mantar &
Chairman Indian Ex-Servicemen Movement (IESM)
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