WHAT IS YOUR CONTRIBUTION FOR GETTING O.R.O.P.?

WHAT IS YOUR CONTRIBUTION FOR GETTING O.R.O.P.? HAVE YOU JOINED IN ANY DHARNA ANY WHERE ? WITHOUT SHOWING OUR PAIN WE WILL NOT GET ANY GAIN. JOIN I.E.S.M. AND FIGHT FOR O.R.O.P. THINK IT OVER AND JOIN IMMEDIATELY FOR O.R.O.P.

UNITY IS OUR STRENGTH

DEAR VETERANS
OUR UNITY IS VERY IMPORTANT
PLEASE HELP THE POOR JAWANS

THEY ARE MORE IN NUMBER

BRING THEM UNDER YOUR COMMAND
BY LOVE & COMPASSION
THEN YOU SEE HOW
THINGS MOVE WITH THE GOVT


PLEASE THINK IT OVER

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KNOW THE RATES OF DISABILITY PENSIONS

W.E.F.01.01.2006

(FOR PRE 01.01.06)(100%)
READ CDA CIRCULAR 456
JCOs (FOR 100%)
READ CIRCULAR 456
OTHER RANKS (FOR 100%)
READ CIRCULAR 456

WAR INJURY PENSION
FOR ALL RANKS (100%)
READ CDA CIRCULAR 456

DISABILITY PENSION &
WAR INJURY PENSION
TO BE PAID WITH D.A.

CONSTANT ATTENDANCE ALLOWANCE
FOR ALL RANKS (FOR 100%)
Rs.3750/-W.E.F. 01.01.2011

MINIMUM SPECIAL FAMILY PENSION
Rs.7000/- W.E.F.01.01.2006

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IT IS BETTER TO KNOW

YOUR PENSION ENTITLEMENTS THAN

YOUR LIQUOR QUOTA

HELP ALL TO GET
CORRECT PENSION FROM BANKS

REMEMBER, THAT OUR DEMAND OF

ONE RANK ONE PENSION

STILL NOT ACCEPTED BY GOVT.

20,000 MEDALS SURRENDERED

OUR FIGHT CONTINUES

JOIN THE MISSION TO WIN

THERE IS NO GAIN WITHOUT PAIN

LET US FIGHT FOR JUSTICE
OROP MEANS
EQUAL PENSION
FOR EQUAL RANK
GROUP,AND SERVICE
IRRESPECTIVE OF DATE
OF RETIREMENT
WHETHER POST 01.01.2006
OR PRE 01.01.2006

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RECENT JUDGEMENT - AFT KOCHI

WIDOW OF A RE-EMPLOYED EXSM

ENTITLED FOR DUAL FAMILY PENSION


"நல்ல நிர்வாகத்தால் வழங்கப்படும்

நீதி தான் உயர்ந்தது.

நீதி மன்றங்களினால் பெறப்படும் நீதிகள்

நிர்வாகத்துக்கு பெரும் அவமானம்

என்பதை நிர்வாகம்

(Ministry of Defence)

நன்கு உணர வேண்டும்."

தகுதியுள்ள விதவைகளுக்கு உடனே

இரண்டு குடும்ப பென்ஷன் வழங்க வேண்டும்

முன்னாள் படை வீரர் குடும்பங்களின்

நலன் காப்பது ராணுவ அமைச்சகத்தின்

தலையாய கடமையாகும்

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Disclaimer

The postings in this Blog are only the personal opinion and do not necessarily reflect the views of the “indianexserviceman” blog team. These are expressed in good faith for the general welfare of the veterans of the Indian Armed Forces. The contents of this blog are neither for business nor for any commercial gains. Neither the “indianexserviceman” blog team nor the individual authors of any material on this blog accept responsibility for any loss or damage however caused (including through negligence), which you may directly or indirectly suffer arising out of your use or reliance on information contained on or accessed through this blog. All views and opinions presented are solely those of the surfer and do not necessarily represent those of “indianexserviceman” blog team. This is not an official blog site. This blog is run by a team of Air Warriors of the IAF (Veterans). It is not affiliated to or officially recognized by the MOD or AHQ or Air HQ or Govt/State or any other organization.

"நாட்டுக்காக உயிர் நீத்தவர்களை நினைக்காதநாடு இனி யாரும் அதற்காக உயிர் விடும் தகுதியை இழந்துவிடும்."

PENSION GUIDE BOOK IN HINDI AVAILABLE FREE DOWNLOAD. CLICK HERE.

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MESSAGE FOR READERS

"இராணுவ பென்சனர்களுக்கு ஓர் வழிகாட்டி" என்ற புத்தகம் புதிய பென்சன் பட்டியலுடன் கிடைக்கிறது. ஒவ்வொரு ராணுவ பென்சனரும் அவசியம் படிக்கவேண்டியது. உங்கள் தேவைக்கு தொடர்புகொள்ள : முகவரி "எக்ஸ் வெல் டிரஸ்ட் " 15 மிலிடரி லைன், சமாதானபுரம், திருநெல்வேலி 627002. போன்:9894152959. 04622575380 தெரிந்து கொள்வது அவசியம். தெரியாது என்பது அவமானம். தெரிந்து கொள்வது கௌரவம்.உங்கள் சரியான பென்சனை தெரிந்துகொள்ள இந்த புத்தகம் உதவும்.

Saturday, July 31, 2010

DEFENCE PENSION CASES IN SUPREME COURT


 THE ATTITUDE OF MOD TOWARDS EX-SERVICEMEN PENSION CASES.

It is painful to read that, most of the genuine grievances of the defence pensioners dragged on to even up to Supreme Court.  The Ministry of Defence, which has to look after the welfare of ex-servicemen is always acting against it through its unhelpful regulations and very costly and time consuming legal proceedings.

Now you read, how the Supreme Court had dismissed the appeal preferred by the Ministry of Defence against poor disabled soldier and a family pensioner.

Wednesday, July 28, 2010

Despatches from the Supreme Court

 

This month saw the Hon’ble Supreme Court deliberating some very important issues concerning veterans and their families. Here are the despatches :

Citation: Union of India Vs Jagdish Singh

The issue : The veteran was suffering from schizophrenia. The release medical board had declared it to be ‘neither attributable to, nor aggravated by service’ and hence the disability pension claim was rejected. A Division Bench of the Hon’ble J & K High Court, after discussing various rules and regulations, however held that the former soldier was entitled to disability pension since as per rules the same was supposed to have been declared attributable / aggravated by the medical board. The Hon’ble Court also held that in accordance with rules, it is the State which has to rebut the presumption of attributability / aggravation and not the claimant. It was also re-iterated that as per rules, the claimant is not supposed to prove his entitlement.

Status : The Union of India had challenged the well reasoned judgement in the Hon’ble Supreme Court through an SLP. The SLP has been dismissed this month.

Citation : Union of India Vs Kashmiro Devi
The issue : The rules existing at the time of the cause of action in the petition provided that ordinary family pension was to be discontinued to a widow even in case she married the deceased soldier’s brother as per custom in some parts of the country, whereas there was no such bar in case of special family pension. The Hon’ble Delhi High Court, in a landmark judgement, however held that this distinction between the two types of pensions was discriminatory and the pension could not be discontinued even in the case of ordinary family pension.
Status : The Union of India challenged the socially sensitive judgement before the Hon’ble Supreme Court through an SLP. The SLP has been dismissed this month

Citation : Union of India Vs Honorary Captain Kirori Lal
The issue : This retired Hony Capt was being paid the disability element of a Havildar and not of an Hony Capt on the pretext that he was a Havildar at the time of sustaining the disability. The Hon’ble Delhi High Court however held that the disability pension had to be calculated on the basis of the rank last held and not on the basis of the rank at the time of initial incurrence of disability.

Status : The Union of India challenged the well reasoned judgement before the Hon’ble Supreme Court. The SLP was dismissed this month. Curiously, another SLP on the same issue was earlier dismissed by the Hon’ble Supreme Court in the past but keeping in view the record of ‘fairness’ of pleadings of the Ministry of Defence before Hon’ble Courts, it can be safely concluded that the Hon’ble Supreme Court may not have been informed about the earlier dismissal on the same grounds.
Navdeep / Maj Navdeep Singh

2 comments:

kanthiah said...

Thank you for publishing a very useful and latest Judgement of Supreme court for benefit of ESMs. Particularly about the case of Re-marriage of Ordinary family pensioners. Hats off sir.

Kanthiah

Zulfiqar Ali Khan Advocate said...

I am an ex serviceman practicing Advocate at High Court of Madras. I have a case in my hand who has been deprived pension for 13 yrs without any cause. PPO was issued to Individual Ex Sgt in Mar 1987 after the Intervention of High Court Andra Pradesh the pension commutation and gratuity was paid in 2001. running from treasury office to AFRO. after receiving PPO. It is my request if any case laws is there on Delay in pension if any body knowing as this case I have taken free of charge because that EX sgt is now Physiatric patient and no body is there to lookafter wife also taken divorce and no issue today aged 58 yrs. I want some case laws if so in defence cases. Dr Zulfiqar Ali Khan (Ex Sgt)
Advocate