HC Invalidate 40-year-old ‘fictitious Diploma notification’ for ex-servicemen

CHANDIGARH: Finding a 40-year-old notification issued by the central government, equating an engineering diploma and 10-year service in defence forces to a bachelor's degree in engineering, fictitious, the Punjab and Haryana high court on Friday ordered the Haryana government to withdraw benefits availed of by ex-servicemen on the basis of the said notification.
The order will have a huge ramification across the country as a large number of ex-servicemen with a diploma in engineering and appointed junior engineers in various states were promoted to higher posts on the basis of the notification, allegedly issued on May 26, 1977 by the Centre.
The high court found that the document used as the notification since 1977 was in fact "an unsigned document and did not qualify even to be termed as an office memorandum."
Justice Ajay Tewari has passed these orders while disposing of a petition filed by Sirsa resident, Salaudeen and several other officers posted as sub-divisional engineers/assistant engineers in the Haryana Vidyut Prasaran Nigam Limited (HVPNL).
The court also ordered the HVPNL to quash its seniority list, which was prepared by considering claims of ex-servicemen on the basis of the "1977 notification" and directed it to re-frame the seniority list after withdrawing the benefits granted to the ex-servicemen. The Haryana government has been given six months to complete the entire exercise.
In this case, several ex-servicemen had applied for appointment as junior engineers in 2004-2005. At the time, they all had a diploma in engineering and 10 years' experience.
They, however, did not claim to be degree holders and were appointed as diploma holders. Six years later, when the case of promotion to the post of assistant engineer was to be considered, the rules provided for a quota of 12 ½% to persons who held a degree or an equivalent qualification.
At that stage, the ex-servicemen started claiming that in view of their diploma and their 10-year experience they were entitled to be considered as degree holders in view of the Centre "notification" dated May 26, 1977. Following that, they all were promoted in view of the notification.
Their promotion was challenged by other officers with an engineering degree on the ground that no such notification had been issued by the Centre.
Their contention was that by this fraudulent action, the ex-servicemen had stolen a march over them and consequently not only were they required to relinquish that benefit, they are also liable to be proceeded against.
https://timesofindia.indiatimes.com 

ADVANCE LETTER SENT BY NFOESM FOR EQUAL MSP TO JCO/OR

MEETTE MEETTE BATHOM AUR KYA CHAHIYE

Keeping in mind the toughest job of indian armed forces msp was implemented from 2006.As 6th pay commission has recommended military service pay for armed forces. Subsequently msp of Rs.2000/- per month was implemented. But that value was very meager w.r.t the nature of job of indian Armed forces.Hence demands were further uplifted regarding the hike in MSP for Indian Armed Forces. After the implementation of 7th pay commission , this value was raised to Rs.5200/- per month.

Now on the eve of New year , the ORs of Indian Armed Forces are ready to get further hike on Military Service Pay upto Rs.10400/-. Residing on the Pin point of Gun these Armed forces will get double MSP. Army General Bipin Rawat has given his assent on this Double MSP. After the completion of formalities by the finance ministry , these hiked rates may be implemented from next month.As we all know that as per implementation of 7th pay commission the revised rates of the MSP are Rs.5200/- per month. As you may know that this rate are different for Officers and Ors despite being the same level of toughness.

As we all know that National Anomaly Committee is working on the abnormalities faced by the Central Govt Employees. The issue of MSP was also included as an abnormality in NAC list. According to higher officials of Indian Army, NAC has assent on the Double MSP for Ors of Indian Armed Forces.Green stick has been shown by the army General in this regards. Now the balancing issue are of Finance ministry, after which it will be implemented.
One point Should be noted that there is no change in Rates of Military Service Pay MSP for Ranks other than ORs. As we all know this rate is Rs.15,500/- for Officers having Rank of Brigadier and more.Also this rate of Military Service Pay MSP pegged at Rs.10,800/- for Military Nursing Service MNS. http://www.sarkariadmi.com/defence-forces 

CASTLES IN THE DREAM LAND FOR VETERANS OF MOTHER LAND

WIDOW FAMILY PENSION CASE TAKEN UP BY JOVWAINDIA

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Status as on 15 Dec 2017

Registration Number	:	PMOPG/E/2017/0630263
Name Of Complainant	:	AYISHUMMA B
Date of Receipt	:	15 Dec 2017
Received by	:	Prime Ministers Office
Officer name	:	Shri Ambuj Sharma
Officer Designation	:	Under Secretary (Public)
Contact Address	:	Public Wing
		5th Floor, Rail Bhawan
		New Delhi110011
Contact Number	:	011-23386447
e-mail	:	ambuj.sharma38@nic.in
Grievance Description	:	Respected Sir, Sub: Non-payment of my monthly family pension w.e.f April 2012. I am the wife of an NC (E) of the following Particulars- SERVICE NO.819623 RANK- NC(E) NAME. KHALID M QUALIFYING SERVICE- YEARS Date of joining- J989 Date of Death while in service -06/04/1999 Date of Birth -25/11/1972 SERVICE-AIR FORCE PPO NO- 08/14/B/F/P 202/2000 BANK A/C No-995320300001454 Disbursing Bank Branch-SYNDICATE BANK AMINI ISLAND LAKSHADWEEP CPPC Address- SYNDICATE BANK, MANIPAL, KARNATAKA Name of Pension Sanctioning Authority- Jt/CDA (AF) New Delhi. Respected Sir, I am the widow of the above mentioned NC(E) .I was receiving my family pension from Syndicate Bank Amini, Lakhshadweep with effect from . 07/04/1999 on wards. My above family pension was stopped w.e.f.April 2012 inwards for the reason not known to me, When enquired with authorities I was informed that the pension was stopped due to Non-Submission of Life Certificate with the Disbursing Bank. In this connection I wish to reiterate that I have submitted my life certificate in time again submitted on request of the Bank for a second time. As you are aware that a widow of my nature who is living in the remote island of our country is not reachable to the authorities. My pension has been with held so far causing much hard ship to me my children Hence I kindly request you to take up this matter with the concerned authorities to resume my monthly family pension along with arrears for the previous period. . Yours faithfully, AYISHUMMA B
Current Status	:	RECEIVED THE GRIEVANCE

Important decision for ranks other than Commissioned Officers who retired between 01-01-2006 and 30-08-2008

The Sixth Central Pay Commission had recommended the implementation of the ‘Modified Assured Career Progression’ Scheme (MACP) providing for the grant of three financial upgradations of pay at the gap of 8, 16 and 24 years of service in case of stagnation.

 Unlike other pay related modalities which were implemented with effect from 01 January 2006, the MACP was implemented with effect from 01 September 2008, thereby not including in its scope the personnel who were released from service between the two dates.

 The Armed Forces Tribunal (AFT) had however ruled that the pay commission had granted all pay and pension related benefits from January 2006 and the prospective implementation was only effectuated for ‘allowances’ and hence the MACP was also to be implemented from January 2006 since it pertained to upgradation of pay. While ordering so, the AFT had followed the decision of the Punjab & Haryana High Court which had earlier ruled upon the implementation of improved pay-scales of defence personnel from 1996 rather than 1997 in an anomaly emanating out of the Fifth Pay Commission.

 The decision of the AFT was challenged by the Government in the Supreme Court but the Apex Court has dismissed the appeal filed by the Union of India thereby upholding the grant of MACP from 01 January 2006 rather than 01 September 2009. This will affect the pay and pensionary benefits of those personnel who retired during the said period. 

Courtesy: Maj Navdeep Singh

7TH CPC JCO/OR NOTIONAL FIXATION EXAMPLE AS PER DESW GUIDE LINES

Courtesy:Staff News

RTI REQUEST REGARDING HON. NB. SUB. CIRCULAR CLARIFICATION

Online RTI Request Form Details

RTI Request Details :-

RTI Request Registration number	DEXSW/R/2017/50691
Public Authority	Department of Ex-Servicemen Welfare

Personal Details of RTI Applicant:-

Name	MBC MENON GEN SECRETARY
Gender	Male
Address	JCO/OR VETERANS WELFARE ASSOCIATION OF INDIA , AC/149A SHALIMAR BAGH, NEW DELHI
Pincode	110088
Country	India
State	Delhi
Status	Urban
Educational Status	Literate
	Above Graduate
Phone Number	Details not provided
Mobile Number	+91-9446718293
Email-ID	jovwaindia[at]gmail[dot]com

Request Details :-

Citizenship	Indian
Is the Requester Below Poverty Line ?	No
(Description of Information sought (upto 500 characters)
Description of Information Sought
Granting of Hon.Nb Sub. Pension to Havildar granted the Rank of Hon. Nb. Sub. In spite of our repeated letters to you regarding the applicability of Benefits under DESW Circular, Department of Ex-servicemen Welfare D (Pension/Legal) dated 30/10/2017 to all affected including Non- petitioners, you have kept your reply in prolonged abeyance. Hence we are aggrieved by your silence on the subject & left with no option than to go for an RTI request as under. REQUEST UNDER RTI ACT Dear Sir , The copy of the following documents may please be furnished to us 1) Copy of file noting that has restricted benefits under your circular, Department of Ex-servicemen Welfare D (Pension/Legal) dated 30/10/2017only to petitioners. 2) Copy of file noting that has favored benefits under your circular, Department of Ex-servicemen Welfare D (Pension/Legal) dated 30/10/2017 to all affected including petitioners & Non petitioners. 3) Any other files noting which has specifically excluded the Non-Petitioners from the scope of the above circular. Yours faithfully, MBC MENON Gen Secretary JCO/OR VETERANS WELFARE ASSOCIATION OF INDIA.
Concerned CPIO	Nodal Officer
Supporting document (only pdf upto 1 MB)	Supporting document not provided