SC wants separate pay panel for forces: Veteran Prabhjot Singh Chhatwal PLS Retd.

Tribune News
SC wants separate pay panel for forces

R SedhuramanLegal Correspondent

New Delhi, September 8
Pointing out that many of the armed forces personnel have returned their medals due to non-redressal of their grievances, the Supreme Court today asked the government to consider setting up a separate Pay Commission for both serving and retired members.
“We feel this is necessary as the Armed Forces personnel have many grievances which they feel are not being properly addressed by the Union Government. Many have even returned their medals,” a Bench comprising Justices Markandey Katju and TS Thakur said in an order.
The Bench asked Attorney General GE Vahanvati and Solicitor General Gopal Subramanium to forward the suggestion to the government and get its response by October 18, the next date of hearing.
The court passed the order while hearing a petition filed by some serving and retired army officers challenging the government’s refusal to accord them enhanced “rank pay” as recommended by the Fifth Pay Commission.
The AG and the SG “were present on behalf of the Central government. We have made certain suggestions to them regarding setting up of an independent commission headed by a retired Supreme Court judge for looking into all the grievances of the serving and former members of the Armed Forces,” the Bench noted in the order, marking a copy each to the AG and the SG.
Earlier during the arguments, the Bench slammed the Centre for making army personnel run from pillar to post for getting their salary disputes resolved. “The day the soldiers are forced to fight for their salaries, it would be a sad day for the country,” it remarked.
Noting that the Army people who were a disciplined lot could not go on agitation like others, the Bench said forcing them to fight for their salaries was not good for the country. Citing a senior officer who burnt his artificial limb in frustration, the Bench asked the AG and the SG: “Why do you allow such things?”
The present Pay Commission headed by bureaucrats was perhaps unable to understand the problems of the personnel, the apex court observed and felt that setting up a separate commission would provide a channel for them to vent out their feelings.
The Bench slammed the Centre for making army personnel run from pillar to post for getting their salary disputes resolved.
“The day the soldiers are forced to fight for their salaries, it would be a sad day for the country," the Bench said quoting Chanakya's advise to Emperor Chandragupta Maurya.
The apex court said the sane advise of Chanakya was valid even today and it was unfortunate that army personnel are forced to knock the doors of the court for rectifying their salary anomalies.

Don’t treat Army men shabbily, SC tells govt- A Tribune News:Veteran Prabhjot Singh Chhatwal PLS Retd.

Don’t treat Army men shabbily, SC tells govt.
R Sedhuraman-Legal Correspondent
New Delhi, April 1. The Supreme Court has directed the government to treat Army personnel in a “better and more humane manner” in respect of emoluments, pension and other benefits as they were bravely defending the country at the cost of their lives.
A Bench comprising Justices Markandey Katju and AK Patnaik passed the order yesterday while dismissing a government appeal against a Punjab and Haryana High Court verdict, granting disability pension to an officer for the entire 10-year period of commissioned service.
CS Sidhu was given short service commission on June 22, 1968, for five years, which was extendable by another five years. He was posted in a high-altitude field area and while being on duty on November 21, 1970, he met with an accident and suffered severe injuries. As a result of the accident, his right arm had to be amputated and he also suffered a compound fracture in the thighbone and another fracture in the jawbone. He was released from service on June 23, 1978.
For calculating the amount of disability pension, the Army authorities had taken into account only the period between the date of joining and the date of the accident.
Describing as “a pittance” the “meagre pension” of Rs 1,000 a month plus DA granted by the Army to the affected officer, the Bench said, “If this is the manner in which the Army personnel are treated, it can only be said that it is extremely unfortunate.”

Moga jawan’s battle for pension lasted 49 yrs _Vijay Mohan Tribune: Veteran Prabhjot Singh Chhatwal PLS Retd.

Moga jawan’s battle for pension lasted 49 yrs:
Vijay MohanTribune News Service
Chandigarh, March 26His tryst with the Army lasted for just about two years, but the battle he waged for pension stretched for 49 long years.Almost five decades after Balbir Singh, a resident of Moga, was invalided out of service on medical grounds, the Armed Forces Tribunal today allowed his writ petition, entitling him pension. The Bench, comprising Justice Ghanshyam Prashad and Lt Gen NS Brar also ordered that he be given arrears of pension for the past three years along with 10 per cent interest.
Balbir had enrolled in the Army in November 1956, but was discharged on medical grounds in November 1958 after he developed health problems. A medical board attributed his disease to be fully attributable to and aggravated by military service and assessed his disability to be above 20 per cent.
He was sanctioned disability pension, but to his shock, it was discontinued from September 1960, even though a review of his disability percentage remained static and there was no change in his condition. No reasons for discontinuing his pension were conveyed to him.
Balbir had contended that ignoring the settled position of law and instructions on the subject, the Controller of Defence Accounts (Pensions) rejected the claim of the petitioner presumably on the grounds that the disability percentage assessed by the invaliding medical board was below 20 per cent. This decision, he claimed, was never received by him.
He approached the authorities concerned to get his pension restored, but in the meantime, inadvertently lost the entire correspondence relating to the matter. He had thereafter been making representations to all concerned, but there was no reply or restoration of pension by the authorities.
Finally, he sent a notice through his counsel in September 2008, in response to which he received a copy of letter dated October 31, 1960, that had declined his claim on the ground that his disability had fallen below 20 per cent. And he was, therefore, not entitled to any pension. Thereafter, he sought judicial redressal for his grievance.
Long wait
Balbir Singh had enrolled in the Army in November 1956, but was discharged on medical grounds in November 1958 after he developed health problems. A medical board attributed his disease to be fully attributable to and aggravated by military service and assessed his disability to be above 20 per cent.He was sanctioned disability pension, but to his shock, it was discontinued from September 1960.

Chandigarh, March 26His tryst with the Army lasted for just about two years, but the battle he waged for pension stretched for 49 long years.Almost five decades after Balbir Singh, a resident of Moga, was invalided out of service on medical grounds, the Armed Forces Tribunal today allowed his writ petition, entitling him pension. The Bench, comprising Justice Ghanshyam Prashad and Lt Gen NS Brar also ordered that he be given arrears of pension for the past three years along with 10 per cent interest.
Balbir had enrolled in the Army in November 1956, but was discharged on medical grounds in November 1958 after he developed health problems. A medical board attributed his disease to be fully attributable to and aggravated by military service and assessed his disability to be above 20 per cent.
He was sanctioned disability pension, but to his shock, it was discontinued from September 1960, even though a review of his disability percentage remained static and there was no change in his condition. No reasons for discontinuing his pension were conveyed to him.
Balbir had contended that ignoring the settled position of law and instructions on the subject, the Controller of Defence Accounts (Pensions) rejected the claim of the petitioner presumably on the grounds that the disability percentage assessed by the invaliding medical board was below 20 per cent. This decision, he claimed, was never received by him.
He approached the authorities concerned to get his pension restored, but in the meantime, inadvertently lost the entire correspondence relating to the matter. He had thereafter been making representations to all concerned, but there was no reply or restoration of pension by the authorities.
Finally, he sent a notice through his counsel in September 2008, in response to which he received a copy of letter dated October 31, 1960, that had declined his claim on the ground that his disability had fallen below 20 per cent. And he was, therefore, not entitled to any pension. Thereafter, he sought judicial redressal for his grievance.
Long wait
Balbir Singh had enrolled in the Army in November 1956, but was discharged on medical grounds in November 1958 after he developed health problems. A medical board attributed his disease to be fully attributable to and aggravated by military service and assessed his disability to be above 20 per cent.He was sanctioned disability pension, but to his shock, it was discontinued from September 1960.

Ex-servicemen Armed forces Sixth Pay Commission: Pay Arrears & Salary Hike Details after SC ruling: Veteran Prabhjot Singh PLS Retd.

Ex-servicemen Armed forces Sixth Pay Commission:

Pay Arrears & Salary Hike

Details after SC ruling.

The latest news on Sixth Pay Commission is for the

Ex-servicemen or Armed forces officers, who either

retired or were supposed to retire between 1986 and

1996. There was a court case going on in the Keral

High Court and today the honourable Supreme Court

has upheld the decision of the Keral High Court that

the pay arrears, pension details for Ex-servicemen or

Armed forces officers were calculated incorrectly and

they should be re-recalculated and paid with

retrospective effect from Jan 1, 1986. This will bring in

a big payment of arrears and pension payment for the

retired army officers or Ex-servicemen or Armed forces

officers. These employees, government employees will

be getting the benefits of the Sixth pay Commission

Panel Recommendations as per the new calculations.

How many ex-servicemen or army officers will benefit

from this latest development on Sixth Pay Commission

Recommendations?

Around 30,000 to 40,000 ex-servicemen or retired armed

forces officers who were commissioned or retired between

1986 and 1996, are expected to benefit.

Regarding issuance of notification for modified Parity in Pension:Veteran Prabhjot Singh Chhatwal PLS Retd.

Dear Veterans,
Regards. Find below the letter faxed today to the authorities
by this organisation.
Tel-fax 0175-5000896.
Dear veterans Mob. 098554-09128


Ex Soldiers, Sailors and Airmen
Association (Regd.)

3-Guru Ram Dass Nagar, Tripuri Road,
Patiala-147 004.,Punjab, India.




ESSAA/3/2010 Dt. 15 February,2010

To
Director (Pension/Policy),
Department of Ex-servicemen Welfare,
Ministry of Defence,
213-AWing,Sena Bhawan,
New Delhi.

Sub. Immediate issuance of notification regarding Modified
Parity in Pension for Pre-2006 JCOs. and below.

Dear Sir,
It is in reference to the announcement made by you as well as by Lt. Gen V.K. Chaturvedi, Director General (MP&PS),General Branch, Army Hq. New Delhi regarding the grant of Modified Parity in Pension by the Govt. of India in lieu OROP being asked by some organizations.
It is not out of place to mention that Her Excellency, the President of India, Hon,ble Prime Minister of India, and Finance Minister of India were, at some stage, misinformed about the term ‘OROP’ and the announcement regarding the grant ‘OROP’ to Personnel Below the Officer Rank (PBOR) was, erroneously, made by each of them which created a lot of hue and cry among the Commissioned Officers. Finally Defence Minister had to announce in the Lok Sabha that same would, also, given to the officers which gave much solace to the,so called, aggrieved officers who have been hankering for ‘OROP’ for a long time.
Now when the Govt. has made it clear and agreed to grant Modified Parity in Pension to ‘PBOR’ and this, underprivileged, section of ex-services community has, willingly, accepted this, the delay in issuance of notification to this effect, is causing much frustration among them and also creating the feeling that, perhaps, this is being done, knowingly, by some one only to frustrate the ex-servicemen who have no shoulder to lean upon. This agony, among the veterans, will certainly lead to a catastrophic situation if no remedial measure is taken at the earliest.
As such, we, humbly, request you to issue the notification without further delay lest the allocation, made in this regard, in the last budget may lapse leading to much harassment to the recipients.
This also refers to our letter no.ESSAA/1/2010 dt. 19.1.2010.
Thinking you,
Yours Sincerely,

Sd/-
(Veteran Prabhjot Singh Chhatwal PLS Retd.)
President.
Copy to. 1.Hon’ble Prime Minister of India…..
2.Hon’ble Defence Minister of India…
3.Hon’ble Finance Minister of India…
…all for information and, deemed, necessary
action, please.
Sd/-
(Veteran Prabhjot Singh Chhatwal PLS Retd.)
President.