Saturday, August 7, 2010

ARMED FORCES TRIBUNAL - KOCHI


ARMED FORCES TRIBUNAL BRING SOLACE TO SOLDIERS.


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.


2 comments:

  1. OO HOOTS FOR COL [S] /BRIG/MAJ GEN AND BOOZE ,PAY,PERKS FOR GENERALS[LT GEN & COAS]
    BAND BY QMG BRANCH FOR CSD LIQOUR/CSD-
    Officers' Band-1: Hony Lt, Hony Capt, Lieut to Colonel-10 BOTTLES
    Officers' Band-2: Brig and Maj Gen-12 BOTTLES
    Officers' Band-3: Lt Gen -16 BOTTLES
    UNSPECIFIED OFFICER Officers' Band-4: COAS- UNLIMITED LIQOUR, WHY?Y
    1. HONY LT/CAPT IS JCO.
    ARMED FORCES TRIBUNAL CHANDIGARH REGIONAL BENCH CHANDIGARH OA 345 of 2010 – OA 216 of 2011 – OA 884 of 2010 – OA 149 of 2010 – Petitioners
    ORDER – 28 APR 2011 EXTRACT
    This aspect of status rank and precedence is embodied in Regulation 178 of the Defence Services Regulations, Regulations for the Army 1986 which reads as under -
    • The status of a JCO as such is not affected by the grant to him the honorary rank of Lieutenant and Captain, nor does the commission granting him that rank conferred any additional powers of command.
    • Such Honorary Commissioned officers will take rank according to their junior commissioned rank and will accordingly be junior to all officers. the respondents are directed to fix/ re-fix the minimum pay correspondingly the pension of pre 01.01.2006 retired Captains (equivalents ranks in the Navy and Air Forces), including the petitioners by taking the minimum of the fixed for Captains as on 01.01.2006.
    Such fixation shall not in any case be less than that granted to JCOs holding honorary commission of Captains.
    The above directions are implemented within four months of receipt of copy of the order.
    Sd/- Justice Ghanshyam Prasad
    Sd/ Lt Gen NS Brar (Retd)
    2. HONORARY COMMISSIONED OFFICER ARE JCO’S & JUNIOR TO REGULAR OFFICER LT/CAPT. BUT IN 6TH CPC HONORARY OFFICER[CLASS-II] HAVE BEEN EQUATED TO CLASS-I OFFICER BY PLACING THEM IN PB-3 ] DISGRACE TO REGULAR LT & CAPT
    3. A GRAVE BLUNDER WHICH WILL POSE ADM,COMMAND & CONTROL, LEGAL, FINANCIAL & LOWERING MORALE OF REGULAR OFFICER]
    4. QMG HAS INSULTED OFFICER CADRE,BUT HAS ALSO INCURRED HUGE LOSS TO THE NATION THEIR IS EVASION OF EXCISE DUTY ON LIQUOR , WHICH HAS BEEN LOST &ADDITIONAL LOSS IN CSD ITEMS AS QUOTA OF HONY LT/CAPT HAS BEEN ENHANCED] THE PERSON INVOLVED FROM DRAFTING TO SANCTION OF LETTER[QMG] SHOULD BE PUNISHED & LOSS BE RECOVERED FROM THEIR PAY & LIKE SUKHANA SCAM .
    5. THE FORMATION/UNITS WHO HAVE IMPLEMENTED THE ORDER WITHOUT CONTESTING ARE ALSO PARTY TO IT
    6. ONLY TWO BANDS: FOR OFFICERS
    ACCN HAS TWO BANDS UPTO MAJORS [NOW LT COL DUE TO UPGRADATION OF RANK] & MAJORS & ABOVE
    PAY OFFICERS HAS ALSO TWO BANDS LT TO LT COL &COL TO GEN
    THAN WHY NOT HAVE TWO BANDS FOR CANTEEN/CLUB EXTRA
    Officers' Band-1 : LT TO LT COL [NON RED TAPE OFFICER]NON HAG SCALE
    Officers' Band-2 : COL[SELECTION] TO Gen [ RED TAPE OFFICER]HAG SCALE
    7. NOW LET SEE BAND WISE:
    A] Officers’ Band-1: Hony Lt, Hony Capt, Lieut to Colonel-JCO [CLASS-II] [HONY LT/CAPT] HAS NOT ONLY BEEN EQUATED WITH CLASS-I OFFICER BUT AN OFFICER HIGHER TO SUPER TIME SCALE [COL-SELECTION] HAS ALSO BEEN EQUATED WITH JCO [HONY LT/CAPT]FOR CANTEEN FACILITIES
    B] Officers’ Band-2: Brig and Maj Gen-
    A LT GEN DOES NOT THINK A MAJ GEN/BRIG IS WORTH WHILE TO BE IN HIS BAND
    C] Officers’ Band-3: Lt Gen –
    COAS NOT COMFORTABLE WITH LT GEN, HIGHER SCALE FROM MAJ GEN.
    D] UNSPECIFIED UNLIMITED OFFICER BAND 4: COAS-
    8. HAND FULL OF GENERALS ARE SNATCHING AWAY PAY, PERKS & DIGNITY OF SELECTION GRADE OFFICER’S [COL& BRIG]. ARE THEY BENT ON IN MAKING A COWARD, UNFIT ARMY, WITH POOR COMMAND & CONTROL SET UP [BY DENYING COL[SELECTION] & BRIG THEIR DUE]
    9. THERE IS IMMEDIATE NEED TO REVISE THE PAY/PENSION OF selection GRADE COL/BRIG w.e.f. 1/1/2006.THEY HAVE TO BE KEPT ABOVE SUPER TIME SCALE TO MAINTAIN THEIR FUNDAMENTAL RIGHT OF EQUALITY & NOT TO VIOLATE ARTICLE 14 OF CONSTITUTION OF INDIA.
    PLACE COL [SELECTION] w.e.f IN ABOVE SUPER TIME SCALE OF IAS/IPS & RESTORE DIGNITY & HONOUR OF COMMANDING OFFICER COL [SELECTION GRADE] A KING PIN OF FIGHTING MACHINERY

    ReplyDelete
  2. OO HOOTS FOR COL [S] /BRIG/MAJ GEN AND BOOZE ,PAY,PERKS FOR GENERALS[LT GEN & COAS]
    BAND BY QMG BRANCH FOR CSD LIQOUR/CSD-
    Officers' Band-1: Hony Lt, Hony Capt, Lieut to Colonel-10 BOTTLES
    Officers' Band-2: Brig and Maj Gen-12 BOTTLES
    Officers' Band-3: Lt Gen -16 BOTTLES
    UNSPECIFIED OFFICER Officers' Band-4: COAS- UNLIMITED LIQOUR, WHY?Y
    1. HONY LT/CAPT IS JCO.
    ARMED FORCES TRIBUNAL CHANDIGARH REGIONAL BENCH CHANDIGARH OA 345 of 2010 – OA 216 of 2011 – OA 884 of 2010 – OA 149 of 2010 – Petitioners
    ORDER – 28 APR 2011 EXTRACT
    This aspect of status rank and precedence is embodied in Regulation 178 of the Defence Services Regulations, Regulations for the Army 1986 which reads as under -
    • The status of a JCO as such is not affected by the grant to him the honorary rank of Lieutenant and Captain, nor does the commission granting him that rank conferred any additional powers of command.
    • Such Honorary Commissioned officers will take rank according to their junior commissioned rank and will accordingly be junior to all officers. the respondents are directed to fix/ re-fix the minimum pay correspondingly the pension of pre 01.01.2006 retired Captains (equivalents ranks in the Navy and Air Forces), including the petitioners by taking the minimum of the fixed for Captains as on 01.01.2006.
    Such fixation shall not in any case be less than that granted to JCOs holding honorary commission of Captains.
    The above directions are implemented within four months of receipt of copy of the order.
    Sd/- Justice Ghanshyam Prasad
    Sd/ Lt Gen NS Brar (Retd)
    2. HONORARY COMMISSIONED OFFICER ARE JCO’S & JUNIOR TO REGULAR OFFICER LT/CAPT. BUT IN 6TH CPC HONORARY OFFICER[CLASS-II] HAVE BEEN EQUATED TO CLASS-I OFFICER BY PLACING THEM IN PB-3 ] DISGRACE TO REGULAR LT & CAPT
    3. A GRAVE BLUNDER WHICH WILL POSE ADM,COMMAND & CONTROL, LEGAL, FINANCIAL & LOWERING MORALE OF REGULAR OFFICER]
    4. QMG HAS INSULTED OFFICER CADRE,BUT HAS ALSO INCURRED HUGE LOSS TO THE NATION THEIR IS EVASION OF EXCISE DUTY ON LIQUOR , WHICH HAS BEEN LOST &ADDITIONAL LOSS IN CSD ITEMS AS QUOTA OF HONY LT/CAPT HAS BEEN ENHANCED] THE PERSON INVOLVED FROM DRAFTING TO SANCTION OF LETTER[QMG] SHOULD BE PUNISHED & LOSS BE RECOVERED FROM THEIR PAY & LIKE SUKHANA SCAM .
    5. THE FORMATION/UNITS WHO HAVE IMPLEMENTED THE ORDER WITHOUT CONTESTING ARE ALSO PARTY TO IT
    6. ONLY TWO BANDS: FOR OFFICERS
    ACCN HAS TWO BANDS UPTO MAJORS [NOW LT COL DUE TO UPGRADATION OF RANK] & MAJORS & ABOVE
    PAY OFFICERS HAS ALSO TWO BANDS LT TO LT COL &COL TO GEN
    THAN WHY NOT HAVE TWO BANDS FOR CANTEEN/CLUB EXTRA
    Officers' Band-1 : LT TO LT COL [NON RED TAPE OFFICER]NON HAG SCALE
    Officers' Band-2 : COL[SELECTION] TO Gen [ RED TAPE OFFICER]HAG SCALE
    7. NOW LET SEE BAND WISE:
    A] Officers’ Band-1: Hony Lt, Hony Capt, Lieut to Colonel-JCO [CLASS-II] [HONY LT/CAPT] HAS NOT ONLY BEEN EQUATED WITH CLASS-I OFFICER BUT AN OFFICER HIGHER TO SUPER TIME SCALE [COL-SELECTION] HAS ALSO BEEN EQUATED WITH JCO [HONY LT/CAPT]FOR CANTEEN FACILITIES
    B] Officers’ Band-2: Brig and Maj Gen-
    A LT GEN DOES NOT THINK A MAJ GEN/BRIG IS WORTH WHILE TO BE IN HIS BAND
    C] Officers’ Band-3: Lt Gen –
    COAS NOT COMFORTABLE WITH LT GEN, HIGHER SCALE FROM MAJ GEN.
    D] UNSPECIFIED UNLIMITED OFFICER BAND 4: COAS-
    8. HAND FULL OF GENERALS ARE SNATCHING AWAY PAY, PERKS & DIGNITY OF SELECTION GRADE OFFICER’S [COL& BRIG]. ARE THEY BENT ON IN MAKING A COWARD, UNFIT ARMY, WITH POOR COMMAND & CONTROL SET UP [BY DENYING COL[SELECTION] & BRIG THEIR DUE]
    9. THERE IS IMMEDIATE NEED TO REVISE THE PAY/PENSION OF selection GRADE COL/BRIG w.e.f. 1/1/2006.THEY HAVE TO BE KEPT ABOVE SUPER TIME SCALE TO MAINTAIN THEIR FUNDAMENTAL RIGHT OF EQUALITY & NOT TO VIOLATE ARTICLE 14 OF CONSTITUTION OF INDIA.
    PLACE COL [SELECTION] w.e.f IN ABOVE SUPER TIME SCALE OF IAS/IPS & RESTORE DIGNITY & HONOUR OF COMMANDING OFFICER COL [SELECTION GRADE] A KING PIN OF FIGHTING MACHINERY

    ReplyDelete