Friday, April 8, 2011
Support the Anti-corruption Movement led by Anna Hazare. Veteran Prabhjot Singh Chhatwal PLS (Retd.)
Tele-fax: 0175 – 5000896. Mob: 098554-09128 Email: prabhjot_singh0@yahoo.com Ex- Soldiers, Sailors & Airmen Association (Regd.) # 3 Guru Ram Dass Nagar, Tripuri Road, Patiala - 147 004. Punjab, India. Patiala-8 April. Executive body of Ex-Soldiers, Sailors & Airmen Association, headed by Veteran Prabhjot Singh Chhatwal PLS (Retd.), in its emergent meeting, held today at Patiala, has resolved to support the Anti-corruption Movement led by Anna Hazare, also an ex-soldier. The movement is fully in consonance with the principle of equality in law and is the need of time to clear the mess created by corrupt politicians and bureaucrats. The association has directed all its state units to lend full support to the movement in their respective places as and when required. Veteran Malkiat Singh Gen. Secy.
Wednesday, March 16, 2011
Punjab & Haryana High Court passes strictures and imposes a fine of Rs 50,000 on the Govt for misleading the Court in a disability pension case.
A petition filed by a boarded out disabled personnel, Sukhjinder Singh, was allowed by a Single Bench of the Hon’ble High Court which directed the release of disability pension to him.
The Union of India, as expected, however filed a Letter Patents Appeal (LPA) before a Division Bench challenging the order of the Single Bench and also alleging on affidavit that the Invaliding Medical Board had declared the disability ‘neither attributable to, nor aggravated by military service’. A copy of the board was however not produced before the Court.
The Division Bench asked the Union of India to produce before it a copy of the Medical Board which was done on the next date of hearing and which consequently left the Court aghast. The Medical Board had in fact clearly declared the disability as ‘aggravated by physical stress and strain of service’.
Clearly perturbed by the conduct, following are the excerpts of the order finally passed by the Hon’ble Court :
"...The aforesaid record now produced before us would show that on the first date of hearing while obtaining notice of motion, there was active concealment and even misrepresentation of facts from the Bench..."
"...Having heard the learned counsel for the parties and perusing the original record, we are amazed at the conduct of the appellant and its Officers. The instant appeal has been filed through the Secretary, Government of India, Ministry of Defence, South Block, New Delhi; Chief of the Army Staff, Army Headquarters, New Delhi; the Principal Controller of Defence Accounts (Pension) Draupadi Ghat, Allahabad(UP) and couple of other Officers. A perusal of ground No. 7 of the appeal shows that a false plea has been set out which is simply against the record. In para 13 of the original proceedings of the Medical Board, it has been categorically found that the disease of 'Manic Episode F 30' is aggravated by military service whereas the proceedings of the Medical Board have been misquoted in para 7 of the grounds of appeal to say that the Medical Board had opined that the disease Manic Episode F 30 is not aggravated by military service..."
"...It is well settled principle of law applicable to equitable jurisdiction that when the facts are actively concealed or there is a misrepresentation then the party seeking to hear the appeal becomes disentitled to it. Such a conduct has been repeatedly condemned by the Courts. In the case of a private citizen filing a writ petition, a Full Bench of this Court in Chiranji Lal and others v. Financial Commissioner, Haryana and others 1978 PLR 582 has held that when there has been a mala fide and calculated suppression of material facts which if disclosed would have disentitled such a party to the extraordinary remedy under the writ jurisdiction or in any case would have materially affected the merits on the interim as well as ultimate relief claimed then such a party by their own conduct would forfeit the right of relief which they seek to claim. When such a conduct is adopted by the Central Body and its Officers, as is evident from ground No.7 of the Memorandum of Appeal, it assumes further seriousness. The Public Authority always file pleadings after due verification of the record. However, in the present appeal all that has been completely forgotten. Therefore, the appeal is liable to be dismissed with heavy costs..."
"...There is another aspect of the matter because the instant appeal is an illustration of frivolous litigation initiated at the instance of Union of India and its Officers. The appellant-Union of India has framed the National Litigation Policy which has been reported as (2010) 6 SCC J-17. The aforesaid policy has been completely overlooked by the appellants..."
"...Accordingly we find that the appeal is frivolous and a misuse of the process of the Court. In view of the aforesaid, the appeal is dismissed with costs of Rs.50,000/-. The costs shall be paid to the writ petitioner-respondent by the Union of India but the same shall be recovered from the Officer or Officers, who pleaded a false ground after holding an enquiry and fixing the responsibility..."
Courtesy: Maj. Navdeep Singh.
The Union of India, as expected, however filed a Letter Patents Appeal (LPA) before a Division Bench challenging the order of the Single Bench and also alleging on affidavit that the Invaliding Medical Board had declared the disability ‘neither attributable to, nor aggravated by military service’. A copy of the board was however not produced before the Court.
The Division Bench asked the Union of India to produce before it a copy of the Medical Board which was done on the next date of hearing and which consequently left the Court aghast. The Medical Board had in fact clearly declared the disability as ‘aggravated by physical stress and strain of service’.
Clearly perturbed by the conduct, following are the excerpts of the order finally passed by the Hon’ble Court :
"...The aforesaid record now produced before us would show that on the first date of hearing while obtaining notice of motion, there was active concealment and even misrepresentation of facts from the Bench..."
"...Having heard the learned counsel for the parties and perusing the original record, we are amazed at the conduct of the appellant and its Officers. The instant appeal has been filed through the Secretary, Government of India, Ministry of Defence, South Block, New Delhi; Chief of the Army Staff, Army Headquarters, New Delhi; the Principal Controller of Defence Accounts (Pension) Draupadi Ghat, Allahabad(UP) and couple of other Officers. A perusal of ground No. 7 of the appeal shows that a false plea has been set out which is simply against the record. In para 13 of the original proceedings of the Medical Board, it has been categorically found that the disease of 'Manic Episode F 30' is aggravated by military service whereas the proceedings of the Medical Board have been misquoted in para 7 of the grounds of appeal to say that the Medical Board had opined that the disease Manic Episode F 30 is not aggravated by military service..."
"...It is well settled principle of law applicable to equitable jurisdiction that when the facts are actively concealed or there is a misrepresentation then the party seeking to hear the appeal becomes disentitled to it. Such a conduct has been repeatedly condemned by the Courts. In the case of a private citizen filing a writ petition, a Full Bench of this Court in Chiranji Lal and others v. Financial Commissioner, Haryana and others 1978 PLR 582 has held that when there has been a mala fide and calculated suppression of material facts which if disclosed would have disentitled such a party to the extraordinary remedy under the writ jurisdiction or in any case would have materially affected the merits on the interim as well as ultimate relief claimed then such a party by their own conduct would forfeit the right of relief which they seek to claim. When such a conduct is adopted by the Central Body and its Officers, as is evident from ground No.7 of the Memorandum of Appeal, it assumes further seriousness. The Public Authority always file pleadings after due verification of the record. However, in the present appeal all that has been completely forgotten. Therefore, the appeal is liable to be dismissed with heavy costs..."
"...There is another aspect of the matter because the instant appeal is an illustration of frivolous litigation initiated at the instance of Union of India and its Officers. The appellant-Union of India has framed the National Litigation Policy which has been reported as (2010) 6 SCC J-17. The aforesaid policy has been completely overlooked by the appellants..."
"...Accordingly we find that the appeal is frivolous and a misuse of the process of the Court. In view of the aforesaid, the appeal is dismissed with costs of Rs.50,000/-. The costs shall be paid to the writ petitioner-respondent by the Union of India but the same shall be recovered from the Officer or Officers, who pleaded a false ground after holding an enquiry and fixing the responsibility..."
Courtesy: Maj. Navdeep Singh.
Friday, March 4, 2011
Benifit For Ex-servicemen On Medical Emergency. Vet. Prabhjot Singh Chhatwal PLS (Retd.)
BENEFIT FOR EX-SERVICEMEN ON MEDICAL EMERGENCY
(Hindustan Times 4-3-2011)
CHANDIGARH: Former defence personnel can get reimbursement for their medical bills incurred while availing emergency medical services abroad equivalent to cost of similar treatment in India, the Armed Forces Tribunal (AFT) ruled on Thursday in Chandigarh.
A bench of the tribunal made the observation while deciding on petition by Brig TS Sekhon (Retd), who had to undergo emergency treatment for heart disease when he was in Germany with his daughter.
Sekhon had developed triple vessel disease and was advised bypass surgery more than a decade ago. When surgery was to be performed in 2000, he developed acute anterior myocardial with cardiogenic shock, and an emergency angioplasty was done with stenting in one vessel.
He retired in 2003. Due to a worsening heart condition, an automatic implantable cardioverter-defibrillator was implanted in his heart in August 2003. In 2008, when he was with his daughter in Germany, his condition deteriorated and he had to take emergency medical treatment there.
The tribunal observed that in case of an emergency like Sekhon's, the army should pay expenses of treatment equivalent to what it would be in India.
Veteran Prabhjot Singh Chhatwal PLS (Retd.)
President.
Ex-Soldiers, Sailors & Airmen Association.
Mob. 098554-09128, Tele-fax 0175-5000896.
(Hindustan Times 4-3-2011)
CHANDIGARH: Former defence personnel can get reimbursement for their medical bills incurred while availing emergency medical services abroad equivalent to cost of similar treatment in India, the Armed Forces Tribunal (AFT) ruled on Thursday in Chandigarh.
A bench of the tribunal made the observation while deciding on petition by Brig TS Sekhon (Retd), who had to undergo emergency treatment for heart disease when he was in Germany with his daughter.
Sekhon had developed triple vessel disease and was advised bypass surgery more than a decade ago. When surgery was to be performed in 2000, he developed acute anterior myocardial with cardiogenic shock, and an emergency angioplasty was done with stenting in one vessel.
He retired in 2003. Due to a worsening heart condition, an automatic implantable cardioverter-defibrillator was implanted in his heart in August 2003. In 2008, when he was with his daughter in Germany, his condition deteriorated and he had to take emergency medical treatment there.
The tribunal observed that in case of an emergency like Sekhon's, the army should pay expenses of treatment equivalent to what it would be in India.
Veteran Prabhjot Singh Chhatwal PLS (Retd.)
President.
Ex-Soldiers, Sailors & Airmen Association.
Mob. 098554-09128, Tele-fax 0175-5000896.
Friday, February 25, 2011
Fixed Medical Allowance for Veterans & their Widows increased from Rs.100/- to Rs.300/- P.M. Veteran Prabhjot Singh Chhatwal PLS (Retd.)
Dear Veterans, Regards, Find below the link to letter issued by PCDA (Pension), Allahabad to concerned quarters in respect of Increased Medical Allowance to Veterans & their Widows.
http://pcdapension.nic.in/6cpc/Circular-451.pdf
Veteran Prabhjot Singh Chhatwal PLS (Retd.)
President.
Ex-Soldiers, Sailors & Airmen Association.
Mob. 098554-09128, Tele-fax 0175-5000896.
http://pcdapension.nic.in/6cpc/Circular-451.pdf
Veteran Prabhjot Singh Chhatwal PLS (Retd.)
President.
Ex-Soldiers, Sailors & Airmen Association.
Mob. 098554-09128, Tele-fax 0175-5000896.
Thursday, February 24, 2011
Revised letter on casualty / disability / war-injury pensionary awards for pre-2006 retirees based on 6th CPC scales issued. Vet. PJS Chhatwal PLS
Thursday, February 24, 2011
Revised letter on casualty / disability / war-injury pensionary awards for pre-2006 retirees based on 6th CPC scales issued
As reported here earlier, the letter on modified parity for casualty awards has finally been issued. Casualty awards from now onwards are to be calculated based on 6th CPC scales.
The letter can be accessed and downloaded by clicking here. http://www.scribd.com/doc/49462925/Revised-Casualty-Awards Please do not mail me individual requests for the same, such requests shall not be replied to.
In brief, this shall be the fresh entitlement with effect from 01-01-2006 :
Special Family Pension : Would not be less than 60% of minimum of 6th CPC pay band + Grade Pay + Military Service Pay + X Group Pay (wherever applicable) corresponding to the rank held.
Liberalized Family Pension : Would not be less than the (100% of) minimum of 6th CPC pay band + Grade Pay + Military Service Pay + X Group Pay (wherever applicable).
Disability Element : Would not be less than 30% of the minimum of 6th CPC pay band + Grade Pay + Military Service Pay + X Group Pay (wherever applicable) for 100% disability, proportionately reduced for lesser disability.
War Injury Element : Would not be less than 60% of the minimum of 6th CPC pay band + Grade Pay + Military Service Pay + X Group Pay (wherever applicable) for 100% disability proportionately reduced for lesser disability in cases of retirement / discharge and 100% of the minimum of 6th CPC pay band + Grade Pay + Military Service Pay + X Group Pay (wherever applicable) for 100% disability proportionately reduced for lesser disability in cases of invalidment.
Other finer modalities can be seen from the letter.
Posted by Navdeep / Maj Navdeep Singh at 5:44 PM 0 comments
Labels: Disability Pension, Pay Commission, Pension, Policy and Benefits
Veteran Prabhjot Singh Chhatwal PLS (Retd.)
President.
Ex-Soldiers, Sailors & Airmen Association.
Mob. 098554-09128, Tele-fax 0175-5000896.
Revised letter on casualty / disability / war-injury pensionary awards for pre-2006 retirees based on 6th CPC scales issued
As reported here earlier, the letter on modified parity for casualty awards has finally been issued. Casualty awards from now onwards are to be calculated based on 6th CPC scales.
The letter can be accessed and downloaded by clicking here. http://www.scribd.com/doc/49462925/Revised-Casualty-Awards Please do not mail me individual requests for the same, such requests shall not be replied to.
In brief, this shall be the fresh entitlement with effect from 01-01-2006 :
Special Family Pension : Would not be less than 60% of minimum of 6th CPC pay band + Grade Pay + Military Service Pay + X Group Pay (wherever applicable) corresponding to the rank held.
Liberalized Family Pension : Would not be less than the (100% of) minimum of 6th CPC pay band + Grade Pay + Military Service Pay + X Group Pay (wherever applicable).
Disability Element : Would not be less than 30% of the minimum of 6th CPC pay band + Grade Pay + Military Service Pay + X Group Pay (wherever applicable) for 100% disability, proportionately reduced for lesser disability.
War Injury Element : Would not be less than 60% of the minimum of 6th CPC pay band + Grade Pay + Military Service Pay + X Group Pay (wherever applicable) for 100% disability proportionately reduced for lesser disability in cases of retirement / discharge and 100% of the minimum of 6th CPC pay band + Grade Pay + Military Service Pay + X Group Pay (wherever applicable) for 100% disability proportionately reduced for lesser disability in cases of invalidment.
Other finer modalities can be seen from the letter.
Posted by Navdeep / Maj Navdeep Singh at 5:44 PM 0 comments
Labels: Disability Pension, Pay Commission, Pension, Policy and Benefits
Veteran Prabhjot Singh Chhatwal PLS (Retd.)
President.
Ex-Soldiers, Sailors & Airmen Association.
Mob. 098554-09128, Tele-fax 0175-5000896.
Wednesday, February 23, 2011
Army Hqs. instructs to stop the usage of Term 'PBOR'. Veteran Prabhjot Singh Chhatwal PLS (Retd.)
Tele: 2301 8051
Dte Gen of Staff Duties
General Staff Branch
Integrated HQ of MoD(Army)
South Block
New Delhi - 110 011
13048/SD-1B 23 Dec, 2010
Headquarters
Southern Comd (GS/SD)
Eastern Comd (GS/SD)
Western Comd (GS/SD)
Central Comd (GS/SD)
Northern Comd (GS/SD)
ARTRAC (GS)
Southern Western Comd (GS/SD)
USAGE OF TERM 'PBOR'
1. The abvn/acronym 'PBOR' does not exist in the 'Staff Duties in Fd Appx 'C' - Abbreviation 2006'. However, over a period of time incorrect usage of this term PBOR has become a practice. It is seen and reported by a Comd HQ that the acroym 'PBOR' is being wrongly used in respect of 'JCOs and OR'.
2. The issue has been considered at the IHQ of MoD(Army). It has been decided that the acronym 'PBOR' will not be used, instead 'JCOs and ORs' is to be used in all the letters/comns.
3. The above instr may be disseminated to the envt for compliance.
Sd/-
(S Sharma)
Lt Col
Offg Dir SD-1
for DCOAS (IS&T)
Copy to :-
All Branches of IHQ of MoD(Army)
All Dtes of GS Branch
Dte Gen of Staff Duties
General Staff Branch
Integrated HQ of MoD(Army)
South Block
New Delhi - 110 011
13048/SD-1B 23 Dec, 2010
Headquarters
Southern Comd (GS/SD)
Eastern Comd (GS/SD)
Western Comd (GS/SD)
Central Comd (GS/SD)
Northern Comd (GS/SD)
ARTRAC (GS)
Southern Western Comd (GS/SD)
USAGE OF TERM 'PBOR'
1. The abvn/acronym 'PBOR' does not exist in the 'Staff Duties in Fd Appx 'C' - Abbreviation 2006'. However, over a period of time incorrect usage of this term PBOR has become a practice. It is seen and reported by a Comd HQ that the acroym 'PBOR' is being wrongly used in respect of 'JCOs and OR'.
2. The issue has been considered at the IHQ of MoD(Army). It has been decided that the acronym 'PBOR' will not be used, instead 'JCOs and ORs' is to be used in all the letters/comns.
3. The above instr may be disseminated to the envt for compliance.
Sd/-
(S Sharma)
Lt Col
Offg Dir SD-1
for DCOAS (IS&T)
Copy to :-
All Branches of IHQ of MoD(Army)
All Dtes of GS Branch
Saturday, January 29, 2011
Meeting of ESSAA (Maharashra Branch): Veteran Prabhjot Singh Chhatwal PLS (Retd.)
Dear Veterans, Regards.
Find below the Venue of meeting of ESSAA (Maharashra Branch) being held on 30th January, 2011 at 10 a.m. as conveyed by Veteran Balbir Singh President of ESSAA (Maharashtra Branch).
Venue:-
Nalanda Baudh Vihar
(It is in the Corner of Proposed College Ground)
Opp to Mahalaxmi Mall, Sec 11,
Kamothe, Navi Mumbai- 410205
9702020412, 9869328402
Find below the Venue of meeting of ESSAA (Maharashra Branch) being held on 30th January, 2011 at 10 a.m. as conveyed by Veteran Balbir Singh President of ESSAA (Maharashtra Branch).
Venue:-
Nalanda Baudh Vihar
(It is in the Corner of Proposed College Ground)
Opp to Mahalaxmi Mall, Sec 11,
Kamothe, Navi Mumbai- 410205
9702020412, 9869328402
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