Saturday, February 28, 2015

OROP COURSE-CORRECTION?


(sOURCE-JOTTINGS)

RESPECTING SOLDIERS - GOVT MUST SCRAP OUTLIVED PENSION RULES FOR DISABLED SOLDIERS






































(Source- sANJHAMORCHA blog)

Government, Army told to hike disability pension for retired Colonel


DC | P. ARUL | February 27, 2015, 07.02 am IST
Representational image
Representational image
Chennai: The regional bench, armed forces tribunal, Chennai, has directed the Union government and Indian Army to hike the disability pension provided to a retired Army aviation pilot who developed health-related problems.
Disposing of a petition from retired Col Tummala Amarnath of Secunderabad, the bench, comprising judicial member, Justice V. Periya Karuppiah, and administrative member, Lt Gen K. Surendra Nath, said, “The petitioner is entitled to composite disability pension from the date of his retirement - September 1, 2009 - and arrears shall be paid within four months.”
In the petition, retired Col Amarnath submitted that he joined the Army in 1978, was appointed helicopter pilot in 1984 and flew for nearly a decade till March 1993 in different terrains, including Ladakh and Siachen glacier.
Due to the weather and stress, he developed a cardiac problem, diabetes, hyperlipidemia, severe disc prolapse and high BP and was operated in 2003. After serving for over 30 years, he retired. The release medical board, Secunderabad, opined on August 14, 2009 that the disc prolapse was aggravated by military service and assessed 20 per cent disability for life, but dismissed other claims. His appeals were dismissed by the authorities in 2010 and 2012.
The bench felt that he was entitled to composite disability pension for the three disabilities - diabetes, primary hypertension and disc prolapse for life – and, hence, its order entitling him to composite disability pension from the date of his retirement.

(Source- Deccan Chronicle)

Friday, February 27, 2015

THE INJUSTICE METED OUT TO ESM - SOME DEMANDS/BENEFITS SOUGHT

     Dear all Vet Brother,

    After noticing the comments of one of our Vet Bro - b singh, in the chatroll, I am compiling the follwing points (including ones mentioned by him) for the benefit of information of all all:- 
     

        THE INJUSTICE METED OUT TO ESM IN 6TH CPC

a) There is no real representation of 95% strength of JCO's/NCOs/Ors. Most of these JCO’s/NCOs’/OR’s are serving in the field. The JCO’s/NCOs’/OR’s risk of life is more than officers working in the office.

b) The MSP (Military service Pay) – It must not be linked with Basic pay or the Rank pay at all. Sep to General is doing same military service and it must be same for all ranks.  The MSP for Officer is – Rs 6000/-, whereas, for Ors/NCOs/ JCO's and equivalent ranks is Rs 2000/- only. For example at Leh – Ladakh on the same pplace a sep and a officer is on duty and you can see both are human beings and having the same feelings of difficulties, coldness and loneliness.

c) The Sub Maj is the highest JCO rank reached by an OR, equival to Gr B Gazetted civil ranks. In the 6th CPC they are clubbed with Ors/Jawan for MSP Rs 2000/-. The JCO’s are deliberately down graded in their rank and status which is a  great injustice to them.

d) A serviceman job in defending the nation itself is an honour on him.  But Honorary ranks are given to JCOs at the fag end of their service, after 30 plus years of service, which is a rank injustice to them. (There is no such thing Honorary posts in Civil service. The Group C&B service employees get promoted to Gp A posts after putting in some years of service. An employee joining as LDC some time retire as Dy Commissioner/Dy Collector/Under Secretary rank). The top JCO be given the regular promotion in the ranks of Lt/Capt/Maj ranks after completing 25, 28 and 32 years of regular service. 

d) ACP and Promotion – Officers get three promotions in eight years. The Ors get one ACP in 8, 16 and 24 years, to keep the defence forces young. A Sep retires in 17 years. How he can achieve 3 ACPs in his service?. Hence,
Sep to Hav ACP must be given on 5, 10 and 15 years of interval or the same promotion criteria for Officer,

e) Pay and pension disparity a wide gap from Sub Maj to officer rank. Officer’s strength 5% and they  have Pay Bands – 3, 4, Apex scale (HAG,HAG+) and Fixed (Four pay bands). But the Ors/NCOs/JCOs strength is 95% and they have pay bands–1& 2(Two pay bands). The Ors/NCOs/JCOs and equivalent ranks must be placed in three Pay bands. i.e,  Pay band 1-- Sep and NK Pay band 2-- Hav, Nb Sub, Sub Pay band 3—Sub Maj and Hony Lt & Hony Capt.

f) Grade Pay - The existing grade pay from Sep to Sub Maj is low and put them in Higher grade pay.

g) Pension 75 % (percentage ) to JCO’s/ORs --- A sep retires in 17 years and Hav in 24 years of service or below 35 and 45 years of age respectively .This retirement age is very early compare to civil servants age of 60 years. There must be 75% of the last pay drawn and officers’ pension must be 50% of the last pay drawn. After retirement the condition of JCO’s/ORs is very bad and working in security agencies for rupees four – five thousand only.

h) A seargent of IAF is considered as Senior Non Commissioned Officer for all the responsibility, but for pay band in 6th CPC his placed is at the bottom of PB 1. Hence, in the 7th CPC Sgt should be protected as a SNCO &upgraded to PB 2.
        
         NEW DEMANDS/BENEFITS TO BE EXTENDED TO ESM

A)      Lateral Absorption: The armed forces personnel are a vast pool of skilled workforce having trained and experienced in different spheres of activity. They are disciplined and punctual and mostly can handle any situation or even can handle any new situation without much of difficulty. This valuable workforce could be deployed straight-away into various central and state Govt departments at appropriate levels in Govt Depts- such as :

I.      Armed Forces HQrs and Units in civilian posts.
II.    All Defence PSUs (numbering 42).
III.  All Central Para-military forces/CPOs/Shipping Cos.
IV.  The Central Election Commission or the State Election Commissions.
V.     All States/UTs Police Forces.
VI. All Central/States/UTs Fire & Rescue/Forest/Jails/ Disaster Management Deptt.
VII.  Railways/Roadways/Airways and Logistics Depts.
VIII.All other Depts of State/UT Govts in the Revenue, Education, Health, Electricity/Municipality Depts etc.
IX.    Any other Govt Deptt/PSU etc.

B)Disabled Veterans. Armed Forces recruit A Cat medical category individuals and as such any disability occurs in the course of military duty is to be automatically be treated as an Occ. Hazard. The Disability Act applicable to Civ employees must also be applied to army disabled personnel. They are to be employed in other posts or their dependents be absorbed in their place in the Govt. Service. They must not be thrown out of employment and the Medical Officers/Account Officers certifying  – disability attributable military service – may be made compulsory, in tune with the recent judgements of the Apex Court.

C) ECHS Facility. This facility is available only in limited places and the ex-servicemen are scattered in all over the hinter land. CGHS facility may also be extended to ESM within a 20 KM distance to their native place, instead of ECHS clinic which is far away (hundreds of KMs).

D)Reservations: Presently, different % of jobs are reserved for ESM in different state/Central Govt deptts. A Uniform %of 30% C class jobs, 20% B Class jobs and 10% A class jobs may be reserved for ESM

E) Reservation in allotment of Agri lands/House sites/Dwelling units:  Almost all the ESM would have served in border and difficult areas and thousands of miles away from their native place. And return to the native place after retirement. They face the problem of shelter besides staring bleak prospects of livelihood. They may be allotted 5-10 acres of agri.lands, house sites at the opted place, 20% of the Govt dwelling units, near to their native places.

F) ESM FINANCE CORPORATION. The Govt may and advance advance loan to ESM to set up SMEs on concessional rates or subsidise the cost/interest.

G) Senior Citizens get concessional tickets in Railways and in some state Roadways. ESM may also be given 50% concession for their travel.

H) Reservation in Allotment of Agencies.: Unlike the Gas/Oil agencies, the ESMs may be allotted (fixed %) in all Govt Agencies like Agri markets, Fair Price Shops, Security, Rail/road logistics, tourism and travel, parking slots at Railway Stations/Bus stands/Govt offices or Municipalities etc.

I) The ESM be exempted from Property tax/registration/stamps duty for transfer of property (agri land/dwelling units) in their names.

J)  The ESM be exempted to pay court fee etc. in litigation matters.

K) The ESM be exempted from payment of fee for tendering Govt works and small works may be nominated to them.

VETERAN BROTHERS ARE WELCOME TO ADD THEIR POINTS. 


रक्षा मंत्री का वादाः एक रैंक एक पेंशन पर विचार होगा

 
नई दिल्ली

उत्तराखंड से बीजेपी के राज्यसभा सांसद और उत्तराखंड सशस्त्र सैनिक सम्मान और सहायता समिति के अध्यक्ष तरुण विजय ने रक्षा मंत्री मनोहर पर्रिकर से मांग की है कि भले ही सांसदों को मिलने वाली सुविधाएं कम कर दी जाएं लेकिन वन रैंक वन पेंशन की सैनिकों की बहुत पुरानी मांग को स्वीकार किया जाए।

विजय ने कहा कि पिछली सरकारों ने सैनिकों के साथ विश्वासघात किया है और अब उनकी उम्मीद केवल प्रधानमंत्री नरेंद्र मोदी और रक्षा मंत्री मनोहर पर्रिकर ही हैं।
रक्षा मंत्री पर्रिकर ने तरुण विजय को आश्वासन दिया कि वह सैनिकों के दुख-सुख में उनके साथ हैं और सरकार उनकी इस मांग पर सहानुभूतिपूर्वक विचार करके उचित फैसला करेगी। पर्रिकर ने कहा कि सैनिक हमारे समाज और राष्ट्र की शान हैं और हम हर संभव प्रयास करेंगे कि उनकी न्यायोचित मांगें पूरी की जाएं तथा उनके प्रति किसी भी नजरिए से अन्याय नहीं होने दिया जाएगा।
 
(Source- Navbharath times)

Tarun Vijay meets Parrikar, demands 'one rank, one pension' for forces

Feb 26, 2015, 07.56PM IST TNN

The picture shows Tarun Vijay giving memorandum to the defence minister in his office in Raksha Mantralaya on 26th Feb 2015.
NEW DELHI: BJP MP Tarun Vijay, who is also member, parliamentary standing committee on defence and president, Uttarakahnd's Society to Help Armed Retired Personnel met defence minister Manohar Parrikar on Thursday and gave him a memorandum demanding that the long standing issue of 'one rank, one pension' be resolved in favour of the soldiers.

He said that if the government feels a crunch of funds, please take away the privileges given to the MPs and MLAs and give the funds to the forces so that their legitimate and logical demand to get 'one rank, one pension' is met. He said that soldiers give their best to the nation but they are forced to die early and run from pillar to post after retirement. Tarun Vijay told the minister that soldiers were disappointed by the UPA, they have great hopes from PM Modi and him, as a minister.

Tarun Vijay told media persons that Parrikar was very sympathetic to his demands and fully agreed that the government must act sympathetically to the long standing demands of the forces. He said, "as the defence minister I stand with my soldiers". Their demands will certainly receive sympathetic consideration.

Tarun Vijay also said that there are more than 3000 cases regarding disability pension pending in courts. Soldiers' basic pension was revised in line with 6 CPC recommendation from 24 Sep 2012 (instead of 1-1-2006) but disability pension has not yet been revised notwithstanding various letters written on the subject by various associations. CAT had given clear verdict but legitimate dues are being denied. Broad banding of disability pension has been denied in spite of AFT/ SC orders.
 
(Source-toi)

SC upholds AFT's decision to grant disability pension to ailing airman

CHANDIGARH: In a huge relief to defence personnel, the Supreme Court has held that a member of the armed forces is presumed to be in sound physical and mental condition at the time of his entry into service, if there is no note or record to the contrary made at the time of one's entry.

The apex court has also clarified that in the event of his subsequent discharge from service on medical grounds, any deterioration in his health is presumed to be due to military service. A division bench comprising Justices Sudhansu Jyoti Mukhopadhaya and N V Ramana passed these orders on Tuesday while upholding a decision passed by the Chandigarh bench of Armed Forces Tribunal in the case of an airman Angad Singh Titaria.

SC bench also clarified that the provision of disability pension is a beneficial provision, which ought to be interpreted liberally so as to help those who have been sent home with disability at times even before they completed their tenure in the armed forces. "A soldier cannot be asked to prove that the disease was contracted by him on account of military service or was aggravated by the same. The burden to establish such a disconnect would lie heavily upon the employer for otherwise the rules raise a presumption that the deterioration in the health of the member of the service is on account of military service or aggravated by it," held the bench while referring to several earlier rulings of the apex court.

Angad Titaria had joined the Indian Air Force on November 13, 1971 in the clerical trade after he was found medically and physically fit as per prescribed standards. In 1987, he was diagnosed for coronary artery disease, namely infero-lateral myocardial infarction, and in 2006 he was diagnosed for diabetes mellitus.

In April 2008, he was released from the Air Force on recommendation of the medical board and was denied disability pension. The board was of the opinion that he had always remained posted at peace stations, and in that situation his disabilities were constitutional in nature and not attributable to or aggravated by service in the Air Force.

Angad moved the AFT, Chandigarh, against the Air Force seeking disability pension. On December 3, 2010, a division bench of AFT comprising Justice Ghanshyam Prasad and Lt Gen H S Panag had ordered the Air Force authorities to pay him disability pension but the Union government had approached the apex court against the decision.
 
(Source-TOI)

Tuesday, February 24, 2015

Pension tension - By Ajit K. Dubey (The Week)

Centre gets brickbats over delay in implementing 'One Rank, One Pension' scheme


Yagya Narain, 68, retired as master warrant officer from the Indian Air Force 10 years ago and settled in Rajasthan. His son is a Delhi-based defence correspondent. Soon after the Narendra Modi government took over, Narain would call his son regularly to check on the status of the 'One Rank, One Pension' (OROP) scheme. During the Lok Sabha poll campaign, the BJP promised to fulfil this four-decade-old demand of ex-servicemen. Eight months down the line, Narain asks his son: Will OROP ever be implemented?

Modi spoke of OROP at Rewari, Haryana, on September 15, 2013. Rewari has a long tradition of producing officers and jawans. Modi told the gathering: “Today, I publicly demand, on behalf of Army men and ex-servicemen of this country, that the government publish a white paper on the statusof the One Rank, One Pension scheme.” He said it was in his destiny to fulfil this long-standing demand. In the next seven months he would lambast the Manmohan Singh government many times over the OROP scheme.



While sailing on the INS Vikramaditya in June and in his Independence Day address, Modi reiterated his commitment to implementing OROP.

Lt Col Brij Mohan Thapa, who heads a Dehradun-based forum for ex-serviceman, said: “As veterans in the last days of life, are we expected to wait for date after date to get unfulfilled promise after promise? And, die without seeing a government that fulfils its promises?”

Retired brigadier Gurmeet Kanwal, a strategic expert,  tweeted to former Army chief V.K. Singh, who is now a Union minister: “Dear General, deep resentment among Veterans re PM Modi promise on OROP. As seniormost in Parlmnt n Govt, all looking up 2 you.”

Maj Gen (retd) Satbir Singh, chairman of the Indian Ex-Servicemen Movement (IESM), said he had written to Modi about the issue. He blamed bureaucrats for blocking OROP on financial grounds. IESM office-bearers allege that Union Finance Minister Arun Jaitley had asked them to “lower expectations”, citing heavy financial burden. They say Jaitley hinted that the government might dilute the OROP scheme.

Satbir Singh said: “We will not accept anything less than OROP in full. Accepting it partially would mean only a hike in pension. OROP must be implemented from April 1, 2014, so that the soldiers also get some arrears.”

If OROP is enforced, every pensioned soldier of the same rank would receive the same pension. Only the duration of service would be considered; the date of retirement would become immaterial. Now, soldiers who retired recently receive more pension than those who did earlier, because of the salary hikes by pay commissions.

The veterans called off two protests—one scheduled to coincide with the winter session of Parliament and the other on February 1—after Defence Minister Manohar Parrikar reassured them. Parrikar told THE WEEK: “The NDA government will definitely implement OROP. I am sure that we would be able to implement it before the budget for next fiscal is announced.”

The confusion, apparently, is about the annual financial outlay. In 2010-2011, the Army Headquarters told the defence ministry that it would be around Rs1,400 crore. The ministry's department of ex-servicemen welfare puts it at Rs3,000 crore. The defence accounts department puts it at Rs9,300 crore, before the implementation of the seventh pay commission.

A senior bureaucrat from the ministry told THE WEEK that OROP was Parrikar's top priority. The ministry has the support of Parliament's standing committee on defence, which is headed by former Uttarakhand chief minister B.C. Khanduri, who retired as major general.

(Source- The Week)