SECOND PHASE OF AGITATION FOR O.R.O.P

Patiala, August 28

Alleging that a judgment by the Supreme Court regarding the discrepancies in the pension system was being ignored, a large number of ex-servicemen and senior citizens here today participated in a ‘black flag’ protest.  Ruing the “unjust attitude” of the Union government towards them, the protesters sought immediate implementation of the ‘one-rank one-pension’ and ‘separate pay commission for armed forces’ demands.Various ex-servicemen, in a joint statement, said the second phase of their agitation started today from Patiala

CANDLE LIGHT PROTEST BY TRI-CITY VETERANS FOR OROP ON 30 AUG 2010 AT SECTOR 17,CHANDIGARH AT 1930hrs.

LETS DO IT. ENSURE MAXIMUN CROWD. LET THE CIVILAN BROTHER JOIN FOR SUPPORT TO THE BRAVE SOLDIERS. ALL TRICITY VETERANS REQUESTED TO JOIN FOR THE COMMON CAUSE IRRESPECTIVE OF OUR ASSOCIATIONS. ALL VETERAN GENERALS REQUESTED TO LEAD FROM THE FRONT . CONTRIBUTE A PACKET OF CANDLE EACH +MB and Bring Banners FOR THE PROTEST

Requested by :---
Col RS Boparai
Brig Nawab Heer
Capt Sandhu
Brig Harwant Singh
Brig Kiran Kishan
Brig HS Ghuman
Col Bhag Singh
Major GS Gill
Cpl JS Khumbra
and  All veterans

THE ISSUE OF OROP - GOVT. RESPONSE AFTER THE PROTEST

Address issue of one rank one pension, Govt told

Pioneer News Service | New Delhi

Members cutting across party lines on Wednesday urged the Government in the Rajya Sabha to address the issue of “one rank one pension” demanded by ex-servicemen and expressed concern over the ex-soldiers returning their medals as a mark of protest.

Defence Minister AK Antony, however, said it was not possible to implement one rank one pension in one stretch as it had several implications. The Government had implemented recommendations of a high-powered committee and more pension benefits to the soldiers were one of the steps towards one rank one pension, he said.

Raising the issue after the Question Hour, leader of Opposition Arun Jaitley maitianed it was a sad spectacle to see ex-servicemen surrendering their medals as a mark of protest on the issue.

He urged the Government to address the matter and appealed to the ex-servicemen to desist from resorting to the extreme step of surrendering their medals. The entire House supported Jaitley’s appeal.

Responding to their concerns, Antony said implementing the award in one go was difficult. “In one stretch, we will not be able to implement it but we are near that goal... It is a long process,” he said.

JUSTICE TO THE WIDOWS OF THE RE-EMPLOYED EX-SERVICEMEN

தகுதியுள்ள விதவைகளுக்கு உடனே இரண்டு குடும்ப பென்ஷன் வழங்க வேண்டும்.

ராணுவ தீர்பாயத்தின் சமீபத்திய தீர்ப்புகள் (The recent judgements of the Armed Forces Tribunal, Kochi)(The judgments linked in other similar posts) இந்த விதவைகளுக்கு உடனே இரண்டு குடும்ப பென்சன் வழங்க வேண்டும் என தெளிவாக கூறியுள்ளது.

ராணுவ அமைச்சகம் இதை கருத்தில் கொண்டு பாதிக்கப்பட்ட  அனைத்து விதைவைகளுக்கும் இரண்டு பென்சன் வழங்க ஆணைகள் உடனே பிறப்பிக்க வேண்டும்.  அது தான் ஒரு நல்ல அரசுக்கும், அமைச்சுக்கும் அழகு.  அதை விடுத்து இந்த நீதி மன்றத்தின் தீர்ப்பை கண்டும், காணமல் இருந்துகொண்டு, அனைவரையும் நீதிமன்றங்களுக்கு செல்ல வைப்பதும் பின்னர் அதை எதிர் கொள்ள முடியாமல் உச்ச நீதி மன்றத்துக்கு இந்த ஏழை விதவைகளை இழுத்தடித்து நிலைகெட செய்வது நல்லதல்ல.

"நல்ல நிர்வாகத்தால் வழங்கப்படும் நீதி தான் உயர்ந்தது.  நீதி மன்றங்களினால் பெறப்படும் நீதிகள் நிர்வாகத்துக்கு பெரும் அவமானம் என்பதை நிர்வாகம் (Ministry of Defence) நன்கு உணர வேண்டும்."

சுமார் இருபது லட்சம் பென்சனர்களைகொண்ட மத்திய அரசின் தொழிலாளர் நல பென்சன் திட்டத்தின் (Employees Pension Scheme 1995) பென்சனை (குறைந்த குடும்ப பென்சன்) பெற்றுவரும் காரணத்தால் அந்த ராணுவ குடும்ப பென்சன் மறுக்கப்பட்டது.  அந்த விதவையின் எத்தனையோ முறையீடுகளை ஈவு இரக்கமின்றி நிராகரித்தது இந்த ராணுவ அமைச்சகம்.  முடிவில் நடந்தது என்ன ?  நீதி மன்றம் அந்த விதவைக்கு இரண்டு பென்சனையும் வழங்கலாம் என தீர்பளித்தது.

இதை கண்ட அந்த தொழிலாளர் நல அமைச்சகம் 'நாம் கொடுக்கும் இந்த குறைந்த பென்சனை பெறுவதில் கூட இந்த ஏழை விதவைக்கு இத்தனை சோதனைகளா என்று உணர்ந்து தனது அமைச்சகத்தின் மூலம் உடனே  EPF பென்சன் வாங்கும் அணைத்து விதவைகளும் மற்ற எந்த பென்சனும் வாங்குவதில் தடை இல்லை என ஆணை பிறப்பித்தது.

இதன் மூலம் ராணுவ அமைச்சகத்துக்கு சரியான பாடம் புகட்டியது இந்த தொழிலாளர் நல அமைச்சகம்.  இந்த EPF பென்சன் ஆணை அனைவருக்கும் தெரியும்.  அனால் இந்த ஆணை வெளியிட்டதின் பின்னணி அனைவருக்கும் தெரியாது.

இப்பவும் இதேபோல் வங்கிகள் தன உழியர்களின் குடும்பங்களுக்கு கொடுக்கும் பென்சனில் வீணாக தலையிடுகிறது ராணுவ அமைச்சகம்.  (பாரத ஸ்டேட் வங்கியும் இரண்டு பென்சன் கொடுக்க முடியாது என கூறி வருகிறது )  (The state Bank of India is also rejecting its own family pension if the widow is drawing defence family pension) இந்த தீர்ப்பும், வேண்டுகோளும் பாரத ஸ்டேட் வங்கிக்கும் பொருந்தும் என்பதை ஸ்டேட் வங்கி நிர்வாகம் உணர வேண்டும்.

இந்த ராணுவ தீர்பாயத்தின் தீர்ப்புகள் தெளிவாக உள்ளது.  ராணுவ குடும்ப பென்சனும் வங்கிகள் கொடுக்கும் குடும்ப பென்சனும் தனித் தனியானது.  எனவே இரண்டு பென்சனையும் பெற உரிமை உண்டு எனும் ஆணையை ராணுவ அமைச்சகம்  உடனே வெளியிட்டு பாதிக்கப்பட்ட அனைத்து விதவைகளுக்கும் நல்ல சமுதாய நீதி வழங்க வேண்டும்.

முன்னாள் படை வீரர் குடும்பங்களின் நலன் காப்பது ராணுவ அமைச்சகத்தின் தலையாய கடமையாகும்.

இது பாதிக்கப்பட்ட விதவைகளின் சார்பாக விடுக்கும் வேண்டுகோள்.

ADDITIONAL PENSION TO AGED PENSIONERS.

An aged pensioner being helped by Exwel Trust to get 

her additional pension from bank.

THE ADDITIONAL PENSION – A GREAT HELP TO AGED PENSIONERS.

The 6^th CPC surprisingly showered some benefits to the aged pensioners.  The additional pension benefits are really a gift to the aged pensioners.

The justification and the concept of giving some extra pension proportionate to the age was never thought by the previous pay commissions.  Therefore many pensioners who have attained 80 years of age in the year between 1976 to 1986 would have died without enjoying the benefit of 100% additional pension.

The concept, probably would have crept in to the mind of the pay commission Chairman, after seeing the miserable life of many aged pensioners in a more developing Indian economy and  changing life style.

Yes, in most of the well educated families, the aged parents are living alone.  Their children living abroad, sending dollar cheques to highly sophisticated aged homes to avoid lonely living of their parents in India.  But I don’t think they are really happy in the homes.

The real happy of pensioners are those who share the entire monthly pension along with their children, grand children and live with them.  Under such circumstances, the additional pension gives a great help to the aged pensioners.  The entire family feels happy and wish, their elders live  a long life.

                                                                                                 

A GOOD LEADER IS NECESSARY TO LEAD.

என் அருமை நண்பர் ஒருவர் ராணுவ பென்சனை கணக்கிடுவதில் ஒரு நிபுணர்.  பல நூற்றுகணக்கான ராணுவ பென்சனர்களுக்கு பல லட்சங்கள்  அரியர்ஸ் வாங்கி கொடுத்து கொண்டிருக்கிறார்.

நமது இனத்தின் காண கிடைக்காத ஒரு அற்புத மனிதர்.  அவரிடம் உதவி பெற்றோர் ஆயிரம் பேர் இருந்தும் அவருக்கென்று ஒரு கஷ்டம் வரும்போது உதவி செய்வார் யாருமில்லை.

சேவை செய் பவர்களை அடையாளம் காண்பதில்ல நம் மக்கள். எனவே சேவை செய்பவர்கள் கிடைப்பது அரிதாகி வருகிறது.  இது தொடர்ந்தால் நாம் யாருமில்லா அனாதை ஆகி விடுவோம்.  நாம் அடையாளம் காட்டாத காரணத்தால் சுய லாபம் தேடும் சில புல்லுரிவிகள் நம் இன மக்களை சுரண்டி கொண்டிருக்கிறார்கள். 

கடந்த ஆண்டு நடந்த ஒரு சங்கத்தின் ஆண்டுவிழாவில் நூற்றுகணக்கான முன்னாள் படை வீரர்கள் கலந்து கொண்டனர்.  அவர்களில் ஒருவர் கூட அந்த கூட்டத்துக்கு வராத அந்த சங்கத்தின் முன்னாள் செயலாளரை, அவர் எங்கே ? ஏன் இந்த கூட்டத்துக்கு வரவில்லை என்று கேட்கவில்லை. 

சுமார் இருபது ஆண்டுகளுக்கு மேலாக சங்கத்துக்கு உழைத்த அந்த செயலாளரை ஒரு நிமிடத்தில் மறந்து விட்டனர் இந்த மக்கள்.

இந்த நிலை தொடர கூடாது. இது நம் இனத்தவருக்கு நல்லதல்ல.

நம் இனம் செழிக்க, நல்லதொரு தலைவன் தேவை என்பதை நினைவில் கொள்ளுங்கள்.

@@@@@

IESM IN ACTION FOR OROP

THE INDIAN EX-SERVICEMEN MOVEMENT IS FIRM ON O.R.O.P

AT JANTAR MANTAR ON 22 AUG 2010

EX-SERVICEMEN CONTINUE THEIR DEMAND FOR O.R.O.P.

5000 ex-servicemen return medals

22 Aug 2010, 1457 hrs IST

5000 ex-servicemen held a massive protest in the Capital over the emotive 'one-rank one-pay' and submitted a memorandum to President Pratibha Patil in support of demand. The ex-servicemen have been demanding one rank one pay for the last 26 years. Interestingly the ex-servicemen have timed their protest to the MPs pay hike demand in a clear attempt to put more pressure on the government. Yashpal Rathi, Former Defence Serviceman said, "The government doesn't care about us. They are only concerned about us when we are fighting the enemy on the battlefield. But now we are considered as junk. Our protest is futile unless our demands are discussed in the Parliament." Meanwhile, Bhairav Singh, another ex-serviceman added, "It is unfortunate for the country that our politicians are ignoring us. Armymen and farmers are the backbone of this country. While farmers are committing suicide because of their state, we have been dismissed as used cartridge." Earlier this year, Prime Minister Manmohan Singh had said that the demands of the ex-servicemen are being looked into. On March 5, 2010 the prime minister had said, “The factual position is that we have constituted a committee under the cabinet secretary to look in into issue of one-man-one-pension and other related matters. The committee did not recommend one-man-one-rank-pension.” “But whatever recommendations the committee made to substantiate and enhance the pensionary benefits of persons below officer rank and commissioned officers were accepted by the government,” added the PM. The Defence Minister AK Anthony, meanwhile, had said that the Cabinet Secretary initially looked at the issue and gave his recommendation after which the GoM took it up. “The one rank one pay demand for armed forces hasn't been totally accepted because it can't be given to Armed Forces alone. It would also have to be given to retired civilians, government officials’, paramilitary forces and policemen,” added the defence minister.

ONE RANK ONE PENSION DEMAND BY EXSERVICEMEN

GOOD NEWS FOR ECHS MEMBERS

GOOD NEWS FOR ECHS MEMBERS.

Meeting at ECHS HQ on 20 Aug 10
Dear Members,

1. An interaction meeting between users and ECHS mgt was held at ECHS HQ and attended by medical reps of the 3 HQ and others.

2. Following important decisions were taken:

·  Local Purchase for "A" and "B" type polyclinic is incresed from Rs50,000/ to Rs 2.00               Lacs per month.

·  For "C" and "D" type it is increased to Rs1 lac.

·  If a medicine is NA in a polyclinic then the ESM can buy the same from market and he will be reimbursed. There is no financial limit cap for this. This is over and indicated above.

·  Outsourcing the hospitals payments to an External Agency. The agency will pay all bills etc to the empanelled hospitials and would sort out it's own payement with the ECHS. Basically ensuring that the hospitials gets their money in time.

·  If the number of patients in a Polyclinic increase by 30 per day then an additional MO is automatically authorised for hiring.

·  Nominate chemists as distributors who will supply directly to the polyclinics and ECHS would pay these chemists. This will increase the medicines availability. No

dependecy on our existing Armed Forces Medical Stores.

Pls see IESM latest NEWS on http://www.iesm.org . News Update every hour
These interaction meetings would be held every 2 months...

Regards,

Cdr Sharan Ahuja (Retd)
Member Core Group IESM (Offg Secy Gen IESM)

JUSTICE CAN BE DELAYED BUT CANNOT BE DENIED

JUSTICE CAN BE DELAYED BUT CANNOT BE DENIED !

WILL THE MINISTRY OF DEFENCE ALLOW DUAL FAMILY PENSION TO THE WIDOWS OF REEMPLOYED EXSERVICEMEN NOW?

The Armed Forces Tribunal, Regional Bench, Kochi had delivered two land mark judgments TA No.16 of 2010 dt.20.5.2010 and TA No.150 of 2010 dt.28.7.2010 in the family pension cases of the widows of the reemployed ex-servicemen in banks.

In both these cases, the Banks, i.e. The Canara Bank and The State Bank of India had sanctioned family pension to the widows immediately since the re-employed ex-servicemen died in harness.  It is the Ministry of Defence  which had refused the eligible defence family pension to these widows thus these petitions were filed in Keral High court later transferred to this tribunal.

The contention of the Ministry of Defence was clearly dismissed as follows:-

“The pension paid by the Bank is not from any Government fund, but it is from a Trust scheme, maintained by the Bank for its employees and as such the widow is entitled to get family pension from the Air Force also”

“By no stretch of imagination, the pension received from the Canara Bank can be treated as pension received from the Government.  So, there is absolutely no merit on the contention that she is not entitled to get pension from the Air Force in view of the prohibition contained in Regulation 195(a).  It is also to be noted that Canara Bank is a statutory body incorporated under the provisions of the Banking Regulation Act.  Its funds are not part of Government funds.  There is no justification in denying family pension to the petitioner on the ground that Canara Bank is paying family pension to the petitioner.”

The Special Leave Petition preferred against the judgment in W.A.No.2155 of 2008 was also dismissed by the Honourable Supreme Court, by order dated 4.9.2009.  Thus the stand of the respondents that petitioner is not entitled to get two family pensions simultaneously is illegal and unsustainable.

In WP.(C) Mp/5589 of 2006 as well as in the decision reported in Union of India v.Vishalakshy (1988(2) KLT 797) and also the decision in W.A.No.2155 of 2008, “it was held that the widow of service personnel reemployed in nationalized bank is entitled to get family pension from the armed forces”.

“In spite of all these decisions, the Principal Controller of Defence Accounts (Pension) is unreasonably rejecting the claim for family pension filed by the widow’s service personnel re-employed by the Banks.”

It is very clear from these two judgments, that there is no justification for refusing dual family pensions to the widows of the re-employed ex-servicemen in Banks.  The MOD should come forward at least now and issue instructions to PCDA (P) to sanction family pension to all similar cases without making all the widows to approach the Tribunal for similar judgment.  WILL THE MOD TAKE UP IN GOOD SPIRIT?

SIMILARLY THE STATE BANK OF INDIA HAD ALSO TAKEN THE STAND OF THE MINISTRY OF DEFENCE AND REJECTED THE CLAIMS OF SBI FAMILY PENSION TO THE WIDOWS OF ITS RE-EMPLOYED EX-SERVICEMEN.  NOW THE SBI ALSO SHOULD COME FORWARD TO SANCTION FAMILY PENSION PRONOUNCEMENT OF THESE JUDGEMENTS.  WILL THE SBI RECONSIDER ITS DECISION ON THE SUBJECT?

Read the judgments: http://www.aftdelhi.nic.in/benches/kochi_bench/judgments/may/TA_No.16_of_2010.pdf

http://www.aftdelhi.nic.in/benches/kochi_bench/judgments/july/TA%20No.150%20of%202010.pdf

DEPOSITING OF MEDALS - DEMANDING OROP

IT IS NOW OR NEVER

PLEASE JOIN IN LARGE NUMBERS

MAKE THE RALLY ON 22 AUGUST A GRAND SUCCESS.

LET THE INDIAN POLITICIANS, THE BABUS AND PUBLIC

SEE THE UNITY AND VOTE BANK OF THE ESM

WE MUST GET JUSTICE FOR DEFENCE SERVICES

 

PRESS RELEASE

17 Aug 2010

DEPOSITING OF MEDALS AND SUBMISSION OF MEMORANDUM SIGNED IN BLOOD BY THE ESM TO THE SUPREME COMMANDER
ON 22 AUG 2010 FROM 11 AM TO 3 PM
AT JANTAR MANTAR NEW DELHI

 

Dear Members of the Media,

1.   The recent judgements of Supreme Court, High Courts and Armed Forces Tribunals (AFT) clearly reveal the grave injustices, apathetic attitude and arrogance of the Govt and the bureaucracy.   Defence personnel, specially its veterans are feeling angry, hurt and aggrieved. All their efforts including peaceful protests have not moved the Govt which continues to deprive them of their legitimate demands. The fact that All Party Standing Committee on Defence, a most powerful committee of parliament after taking into consideration the reasons given by the Govt for not accepting their main demand of OROP has strongly recommended the grant of OROP to defence personnel holistically in its report tabled in the parliament on 07^th May 2010 prove the genuineness of their demand. 

 

2.   Why the Govt is not looking after its Defence Forces who have been pillars of strength of our democracy?  They have always demonstrated their patriotism, bravery, valour, courage and have in great measure assisted the country in strengthening its sovereignty and integrity. The unhappy Defence Forces specially its veterans, who have given their best years of life in the service of the nation, do not augur well for the country.  Their status downgraded many times over, their JCOs (Naib Subedar, Subedar and Subedar Majors who are Gazetted officers are equated with non Gazetted civilians, their widows being left out from the recent small enhancement of pensions of JCOs and Jawan, no enhancements  in pension to the aged and old reservists, senior officer, JCOs, Jawan getting less pension than their three to four rank juniors, the superannuated disabled old soldiers not being included in the policy of broad banding for Disability and War injury, the non grant of third Assured Career Progression (ACP) to the Sepoy, ACP award of 6^th CPC not  been notionally applied while  fixing the pensions of pre 01 Jan 2006 retirees, the Govt not implementing the  judgements of the courts. The list of grievances and injustices is too long and never ending. They feel cheated when they see their counter parts in the Civil services and police have been  markedly put ahead of them.   This is no way to treat the Defence Forces. Mostly the sons and wards to Defence veterans are serving in the Defence Forces. The ill treatment of their elders will certainly adversely affect their morale and motivation.

 

3.   The Ex Servicemen from across the country through its ongoing movement, The Indian Ex Servicemen Movement (IESM) have decided to intensify their stir. They have once again decided to deposit their medals and present memorandum signed in Blood to their Supreme Commander on       22 Aug 2010 at 3 PM.  The medals collection and signing of memorandum in Blood will be carried out at Jantar Mantar New Delhi from 11 AM to 2 PM.  The representatives of veterans from across the country will bring along with them the medals and the blood signatures of veterans from their areas. 

 

4.    The Chairman of IESM Lt Gen Raj Kadyan has once again appealed to the Supreme Commander to kindly accept the medals and memorandum signed in Blood herself.   In his letter to the President, he has written, quote “It is earnestly hoped that the Supreme Commander would relent and receive the delegation in person. However, should that unfortunately not happen, as already intimated vide ibid letter dated 08 June 2010, the delegation would return without depositing the medals and the memorandum” unquote.

 

5.     The IESM requests our media to kindly pay its positive role to project the true facts of the issues of Defence Forces. We therefore, request you to kindly carry this news in your paper/magazine/TV Channels and give it the widest publicity. The people of India have the right to know why the Defence Forces are feeling hurt and anguished.

 

6.   You are also invited in strength to cover the event of Medal Deposit and signing of memorandum in Blood on 22 Aug 2010 at 11 AM to 2 PM at Jantar Mantar New Delhi.  The delegation of IESM will leave for Rashtrapati Bhawan at 2.15 PM to deposit the medals and present the memorandum to the President.   You are requested to cover the event at Rashtrapati Bhawan at 3 PM.  This time the delegation will be led by the Chairman Gen Raj Kadyan himself along with Vice Chairman Maj Gen Satbir Singh, SM and others.

 

With Regards,

Jai Hind                                   

Yours Sincerely,

 Maj Gen (Retd) Satbir Singh, SM
Vice Chairman Indian ESM Movement

ANOMALIES IN DISABILITY PENSION RULES REMOVED

Friday, August 13, 2010, Chandigarh, India

AFT removes anomalies in disability pension rules
Extends broad-banding plan benefits to thousands of pensioners
Vijay Mohan
Tribune News Service

Chandigarh, August 12
In a landmark judgment affecting thousands of disabled personnel, the Armed Forces Tribunal yesterday extended the benefits of “broad-banding” disability pension to those who are released on the completion of their terms of engagement or on superannuation. Earlier, these benefits were applicable only to those invalided out of service on medical grounds.

This had resulted in a peculiar situation wherein the disability pension for an individual discharged even a single day before his actual date of discharge or normal retirement was fixed on the basis of higher disability percentage, while a person discharged on his actual date is not entitled to the same.

Acting upon a petition filed by former vice-chief of the Army Staff, Lt Gen Vijay Oberoi, the Bench comprising Justice NP Gupta and Lt Gen AS Bahia held that withholding the benefit of broad-banding from certain categories of ex-servicemen by the government was discriminatory. The pension of a large number of disabled ex-servicemen may now be enhanced.

In order to curtail medical subjectivity and mottled declaration of disability percentages for similar disabilities by different medical boards, the government had initiated a system of “broad-banding” or “rounding-off” of disability percentages in which it was provided that disability percentages for 20-49 per cent, 50-75 per cent and 76-100 per cent categories would be treated as 50, 75 and 100 per cent, respectively, for calculating disability pension.

The Ministry of Defence, however, added a line in the sanction letter that broad-banding would be applicable only to “invalided” personnel and not to those disabled persons who are released on the completion of terms or on superannuation.

Distinguishing the present case from a Supreme Court judgment in Lt Col PK Kapur vs UOI, where the principle of broad-banding was rejected, the Bench observed that the reason behind the concept of broad-banding and statutory rules concerned had not been then brought to the notice of the SC by the Defence Ministry and, hence, the judgment rendered without full disclosure of facts and law was sub-silentio and not binding on other courts as per the SC’s own rulings.

The MoD had “misleadingly” informed the SC in Kapur’s case that broad-banding was introduced to grant benefit to personnel whose career was cut short due to invalidation. Documents, however, show that the policy was in fact introduced to avoid subjectivity and variance in calculating disability percentage. Further, the SC was also not informed that according to rules, superannuating disabled personnel are deemed as “invalided” for the purpose of granting disability pension. 

TV PROGRAMME ON ISSUES OF EX-SERVICEMEN

TV PROGRAMME ON ISSUES OF EX- SERVICEMEN

A Door Darshan Programme on issues of Ex Servicemen Titled. “Defence Watch” will be telecast at 10.30PM Today i.e. 08 Aug 10 at “DD News”. 

The programme will be repeated at 3.30 PM as Wednesday 11Aug 10.

This programme has Gen Ashok Mehta as the anchor with Air Marshal Roy (ECHS expert), Brig Gulia (President IESL) and self as participants. You are requested to watch the programme. Pass on the info to as many ESM as possible.

Maj Gen (Retd) Satbir Singh, SM Vice Chairman Indian ESM Movement

ARMED FORCES TRIBUNAL - KOCHI

ARMED FORCES TRIBUNAL BRING SOLACE TO SOLDIERS.

Anil S

Express Buzz.

KOCHI: A recent landmark judgment by the Kochi Bench of Armed Forces Tribunal urging the Centre to evolve a scheme for rehabilitating soldiers discharged on mental illness, is sure to have a major impact over the Armed Forces. The order issued last week, had emphasized that a duty is cast upon the government and the Armed Forces to rehabilitate them providing exgratia monthly payment and medical aid for life. The order was issued disposing of the petitions filed by some Army recruits, Navy personnel and an Airmen all discharged on mental illness. Ministry of Defence had rejected their pension claims on the ground that the illness had no connection with service.

It has been pointed out that there are a number of incidents where service personnel are discharged before completing 10 years of service with a stamp of 'mental illness' on the discharge certificate. Usually these people are being discharged saying that they are 'fit for civil jobs.' However, with such a discharge certificate employers do not take a chance and the ex-serviceman is left to the mercy of relatives.

"Usually the Armed Forces argue that the illness is not attributable to his service, but it's constitutional. But the actual reason which triggers the illness could be something related to his family, camp or the hostile climate in which he's working. Hence, the argument that it could not be attributable to service cannot be accepted," sources said.

The order, issued by the Bench comprising Justice K Padmanabhan Nair and Lt General Thomas Mathew, pointed to the need to have a compilation of rules, regulations and executive orders related to entitlement of disability claims.

The Bench observed that it would be unfortunate that a person who has dedicated his life for the country is not getting his due as the applicable rules are not brought to the notice of the court. The Bench proposed to the Ministry and Service Head Quarters to publish the compilation with amendments.

"Directions have been given to issue a copy of the order, running to 112 pages, to the Ministry of Defence (MoD) along with Chiefs of the three Armed Forces for immediate attention and implementation," Justice K Padmanabhan Nair said.

The order will be a great relief for a number for soldiers, opined Col K B R Pillai, who runs the 'Sainikashram' for exservicemen at Kakkanad. "Soldiers are always under tremendous stress and strain due to various reasons.

Being away from family, the climatic conditions, the painful job scenario and the physical strain all these together may create some kind of psychological issues for soldiers. The AFT order would be a relief for such people," he said.

ALL AFFECTED WIDOWS SHOULD WAKE UP NOW

INFORMATION PUBLISHED SHOULD BE SPREAD AND SPREAD  
UNTIL SOMEONE GETS BENEFIT 

Every day and night millions and millions of people surf the Web in search of information.  Whatever they gather, are freely distributed to all.  But the benefits availed depends upon the individual’s curiosity to practice it.  Crying child only gets milk.  You knock only then the doors will open.

Now that the information regarding the landmark judgement of the Armed Forces Tribunal, Kochi on the grant of dual family pension to the widows of the re-employed ex-servicemen in banks has been published.

All the affected widows and their well wishers should note that even though the verdict is applicable for all similar cases, but the benefit is passed on only to the petitioner not to all.

The respondents to the petitioner will never allow the verdict to be applicable to all unless and until all the affected file similar petitions individually in the Tribunal.  Therefore now the ball is now in our court.  All the affected widows and their well wishers should wake up now to knock the  doors for similar verdict to get dual family pension.

The judgment clearly says that “By no stretch of imagination, the pension received from Canara Bank can be treated as a pension received from the Government.  So there is absolutely no merit on the contention (of the respondents) that she is not entitled to get pension from the Air Force……..”

READ THE JUDGMENT HERE:http://www.aftdelhi.nic.in/benches/kochi_bench/judgments/may/TA_No.16_of_2010.pdf

AFT ORDERS SPECIAL FAMILY PENSION TO A WIDOW

THE AFT PRINCIPAL BENCH AT NEW DELHI

ORDERS SPECIAL FAMILY PENSION TO A WIDOW

Sri.Vinod Kumar Dahiya was enrolled in the Air Force on 22.7.1981 as an Aircraftsman and was released on 18.5.1989 on the recommendation of Medical board held on 17.1.1989 with 40% disability on account of hypertension aggravated by Air Force Service.

Thereafter he underwent dialysis and kidney transplant with heavy expense.  Under such circumstances, the claim for disability pension was also rejected by the PCDA.  He approached Hon’ble Delhi high court.  In the meantime the petitioner died on account of renal failure on 05.02.1995.

The petitioner’s wife was released ordinary family pension with arrears of 40% disability pension.  Since the disease was aggravated and hastened and ended in death due to Air Force service, the widow prayed for a Special family pension as per rule 270 of the pension regulations of the Air Force 1961.

The respondents contested and submitted that the petitioner is not entitled for special family pension as she is getting ordinary family pension.

The point is if the Rule 270 is properly interpreted in this case, the respondents would have sanctioned special family pension.  But as usual, they denied the legitimate Special family pension and made the widow to approach this Tribunal.

The learned counsel of the Tribunal gave a fitting order to pay Special Family Pension from 05.02.1995 with 12% p.a. interest.  They also recommended granting the treatment expenses sympathetically.

This matter indicates that specific courts can do much better job in rendering justice than a regular or general court.

Read the judgment.http://www.aftdelhi.nic.in/benches/principal_bench/judgments/court_1/may/ta7552009sudeshkumari20052010.pdf