Govt clips wings of Armed Forces Tribunal in new rules

• Written by Man Aman Singh Chhina | Chandigarh |
• Published on: July 12, 2017 10:46 am

The Union government has changed the rules governing appointment in the Armed Forces Tribunal (AFT), giving more powers to the Defence Secretary who would now have a role in ordering inquiries against members of the tribunal and their removal. Contravening a Constitutional Bench judgement of the Supreme Court which directed the placement of tribunals under the Law Ministry, the new rules reiterate that the AFT will function under the Ministry of Defence which, incidentally, is the ministry against which all orders of the AFT are to be passed.

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 

 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.

During the trial, the tribunal observed that Chauhan's senior officers implicated him in false cases to ensure that the recovery of gold could be concealed from the government.
Justice Singh and Air Marshal Chopra directed the chief of the army staff to look into the matter. 
http://timesofindia.indiatimes.com 

OROP CASE HEARING LIKELY ON 05/07/2017

SUPREME COURT OF INDIA

Case Status Status : PENDING

Status of : Writ Petition (Civil)    419    OF   2016

INDIAN EX SERVICEMEN MOVEMENT AND ORS   .Vs.   UNION OF INDIA AND ORS

Pet. Adv. : MR. BALAJI SRINIVASAN   Res. Adv. : MUKESH KUMAR MARORIA

Subject Category : MATTERS PERTAINING TO ARMED FORCES & PARA MILITARY FORCES

Listed 0 times earlier            Last Listed on : 05/07/2017

Last updated on 06-07-2017

 

 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 

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.

Official sources said the government has finalised a new slab-based system which is aimed at addressing most of the concerns of the armed forces that is expected to reduce litigation against the government.
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.)

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.

Kargil is already a distant memory. We don’t want the legacy of the young men like Capt Vijyant to fade and be lost to a coming generation of Indian, who have a right to know what their previous generation did and be inspired. With this in mind we created this web site. We therefore request u to kindly pass this site on to all ur friends & relatives. So far as u are concerned we have no doubt that as and when India needs, you, you will rise to greater heights. However, for & from those heroes and martyrs a few lines; -

             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’s
Col & MRS V N Thapar
Col V N Thapar    

 

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 7^th 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)                                                                                             

Mobile: 9312404269, 01244110570                                                                    

Email:satbirsm@gmail.com