Darjeeling Land Scam :Veteran Prabhjot Singh PLS Retd.

Darjeeling Land Scam.
Have been singled out, alleges Lt Gen Rath
New Delhi, February 13. Lt Gen PK Rath, who is facing court
martial in the Sukna land scam case, has alleged in the
Delhi High Court that there was “mala fide” intention as the
Eastern Command hadinitiated action against him only
after he was designated the Deputy Chief of Army.
In his petition before the High Court here, Rath has contended
that he had been “singled out” in the case and the “offence”
against him had been “prejudged”.
The Eastern Command, headed by Army Chief-designate
Lt GenVK Singh, had initiated the Court of Inquiry against
him much after the Cabinet Committee of Appointments had
approved his elevation as Deputy Chief of Army Staff, Rath
said in his 24-page
petition filed on Thursday.He contended that the order to
attach him to the Kolkata-based headquarters, just before he
could take over as Deputy Chief of Army, was “highly
discriminatory, arbitrary and non-speaking order, hence bad
in law”. Casting aspersions on the role of Lt-Gen VK Singh, he
said, “The attachment order has been passed with a malafide
intention to stop the petitioner from joining the post as Deputy
Chief of Army Staff.”
Rath, along with former Military Secretary Lt-Gen Avadesh
Prakash, is facing court martial in the case that relates to
no-objection certificate given by the Army to a private
realtor to construct an educational institution over a
71-acre plot adjacent to Sukna military base in Darjeeling.
Rath said he had informed Lt Gen Singh within 15 days
about the memorandum of understanding (MOU) signed
in April lastyear with a private realtor and on the orders
of Lt-Gen Singh he also got the MOU cancelled.
“It is only after six months of cancellation of the MOU,
when the petitioner was transferred to post of Deputy
Chief of ArmyStaff, that the Eastern Command Headquarters
initiated the proceedings only to deny the petitioner from
being posted to the above post,” he said.— PTI

Avalanche turns grave for 17 Army men in J&K :Veteran Prabhjot Singh Chhatwal PLS Retd.

Avalanche turns grave for 17 Army
menin J&K.17 others hurt as tragedy strikes training
campin Gulmarg.Tribune News Service

Srinagar, February 8.At least 17 Army personnel, including an
officer, were killed and 17 others injured in an avalanche at
Khilanmarg in the upper reaches of Gulmarg, about 50 km from
here, today. Fortysix others were rescued in a joint operation
launched by the Army, police and the State Tourism Department.
A defence spokesman said the avalanche struck the training area
at Khelan Marg, where 400 Army personnel were undergoing
training. Around 80 members of High Altitude Warfare School
(HAWS) were trapped under the avalanche. Prompt action by
the Army, duly assisted by the state administration, including
civilian doctors and the police, resulted in the rescue of Army
personnel. A Brigadier from the formation was overseeing the
rescue operations, the spokesman said.
The tragedy has happened when the entire Kashmir valley and
its upper reaches have been witnessing heavy rain and snowfall
for the past four days, disrupting traffic on the Srinagar-Jammu
National Highway.
Various areas of the valley, particularly in north Kashmir, have
been cut off from the rest of the state due to heavy accumulation
of snow in the upper reaches and high mountain areas. Gulmarg
and Khilanmarg areas are under three to five feet snow
accumulated during the past four days.
The Disaster Management, Kashmir, had only yesterday issued
avalanche warning for various areas across the Kashmir valley
in view of continued bad weather conditions. It warned of high
danger avalanches in areas around Sonmarg on the Srinagar-
Ladakh axis, and the medium danger avalanche warning in
Khilanmarg, Uri, Baaz, Razdan Top, Keran, Machchil, Sadhna
Top, Gurez and Chowkibal areas of north Kashmir. Aamir Ali,
OSD with the Divisional Commissioner, Kashmir, in charge of
the disaster management, here yesterday, quoting the SASE,
also warned of low danger avalanches on the two sides of the
Jawahar Tunnel on the Srinagar-Jammu National Highway.
According to officials of the Tourism Department, which
conducts snow skiing events in the area, a team of skiing and
rescue experts headed by Tourist Officer GM Dar, equipped with
snow scooters and piston bullies, have joined the rescue operations.
Veteran Prabhjot Singh Chhatwal PLS Retd.
Mob.098554-09128,Tele-fax 0175-5000896.

Directory of Ex-Servicemen : Prabhjot Singh Chhatwal PLS Retd.

Directory of Ex-Servicemen
Ludhiana, February6.In order to extend best services to
ex-servicemen, the District Sainik Welfare Office has
decided to compile a directory of all ex-servicemen residing
in the district to keep a record that will help the department.
Giving details, newly-joined District Sainik Welfare Officer
Col Harvinder Pal Singh said, “We expect that around
40,000 ex-servicemen are residing in Ludhiana alone. If we
have all record pertaining to these former defence servicemen,
we will be able to help them.”Urging all former defence officials
to give their present address and contact numbers to Office,
Ludhiana, Col Harvinder saidthe District Sainik Welfare ,
“The directory will be helpful in forming a network that could
beused at the time of crisis and whenever their experiences and
services are required.”The information could be conveyed at
94178-22874, 98769-71230 and 0161-2741066.The project will
also be available in a digital format and will help the department
have better interaction with ex-servicemen and their families.


Please Note: A good effort,indeed,being made by an officer who
left an everlasting impression in every veteran's mind during his
short stay a Patiala.
Veteran Prabhjot Singh Chhatwal PLS Retd.

After 55 years, WW-II veteran gets pension-Tribune News:Veteran Prabhjot Singh Chhatwal PLS Retd.

After 55 years, WW-II veteran gets pension.
Vijay Mohan-Tribune News Service.
Chandigarh- February 4.After struggling for 28 years, a veteran
of World War-II has been finally awarded pension for the
service he rendered over 55 years ago. Had it not been for
miscalculation by the Army authorities, he might have got his
pension years ago.Allowing a petition filed by Harbans Singh,
a resident of Kharar, the Chandigarh Bench of the Armed
Forces Tribunalalso directed that he should be paid three-year
arrears, commencing from the date of filing of petition till now.
Harbans Singh had served with the Rashtriya Indian ASCfrom
September 1940 to March 1946. He again enrolled onto the Army
in August 1951 and was discharged in March1955.In 1982, the
Central Government introduced a new policy under which break
in service was to be condoned and the period was to be counted
towards the qualifying period for fixing pension.Soon after, he
received a letter from ASC Records stating that he was eligible
for pension and should apply for thesame. He took up the
matter with the authoritiesconcerned, but in 1993, received a
communiqué fromthe Directorate General Supplies and
Transport that hisservice amounted to 14 years and two months.
The minimum qualifying period for pension is 15 years, but a
shortfall of six months can be condoned under law.As per the
letter, his service was short of over four months even after
condoning the grace period.Later perusal of records showed
that the date of his service period was wrongly mentioned. His
actual service periodwas over 14 years and six months, which
made him eligiblefor pension.As the matter lingered, he filed a
writ petition before the Punjab and Haryana High Court in 1998.
The matter wasadmitted and was later transferred to the
tribunal for further consideration.
Veteran Prabhjot Singh Chhatwal PLS Retd.
Mob.098554-09128,Tele-Fax 0175-5000896.

Hindustantimes

War-injured to get maximum pension?
HT Correspondent.
NEW DELHI: The Armed Forces Tribunal (AFT) has come to the help of war-injured soldiers and directed the government to consider a maximum of the pay scale for an officer while fixing his war injury pension.
The tribunal headed by Justice A.K. Mathur also advised the government not to differentiate between a short service commissioned officer and a permanent officer while granting death-cum-retirement gratuity (DCRG).
The tribunal accepted the plea of the petitioner Disabled War Veterans and held: "We strongly feel that it is a matter which requires a serious consideration of the Government that a person whose career has been sacrificed for safeguarding the Indian border and he is to be treated in such a poor way that he is being paid war pension on the basis of minimum of the scale of that rank. Therefore, looking yeoman service rendered by incumbent, he should be given a fair treatment."
Appearing for the petitioner, advocate Aiswarya Bhatti criticised the present government practice and said a war injury cut short an officer's service, forcing him to retire permanently. Therefore, she said, it would be harsh and unfair to the soldier if his maximum pay scale were not considered for determining the amount of war injury pension.
Observing that the discrimination on the basis of an officer's service violated Article 14 of the Constitution, the tribunal added: "Once the Short Service Commission officers and the Permanent Service Commission officers fight on the border shoulder to shoulder, they form same class and no further distinction can be made... and if unfortunately both of them receive an injury and they are disabled then no distinction can be made in payment of DCRG."
---------------

Tribunal puts army in dock- says different benefits for similar injuries is disremation:Veteran Prabhjot Singh Chhatwal PLS Retd.

Tribunal puts army in dock- says different benefits for
similar injuries is discrimination
NEW DELHI: When a bullet coming from the other side of
the border does not distinguish between a commissioned
and non-commissioned officer in the Army, how can the
government do so when it comes to grant of death-cum-
retirement gratuity (DCRG), wondered the newly-constituted
Armed Forces Tribunal (AFT) headed by a retired Supreme
Court judge. In a major order that would assuage the long-
standing grievance of the officers, both commissioned and
non-commissioned, AFT principal Bench comprising
chairperson Justice A K Mathur and member Lt Gen M L
Naidu said this discrimination in payment of DCRG was
violative of Article 14 (right to equality) guaranteed under
the Constitution. A petitionfiled by the Disabled War Veterans
(India) through counsel Aishwarya Bhati had made two major
grievances — one relating to the difference in payment of DCRG
and the other regarding computation of pension for a disabled
soldier. Bhati had alleged that the government takes into
account the minimum payscale in the rank of the disabled
soldier to compute the war injury pension to him and had
requested AFT to direct the Centre to consider taking into
account the highest pay in the rank for the purpose. AFT agreed
on both counts with the counsel. On DCRG, it said once the
short service commission officers and the permanent service
commission officers fight on the border shoulder-to-shoulder
, they formed the same class and no further distinction can be
made. "Once they form the same class and they are fighting
shoulder-to-shoulder against the enemy and if unfortunately
both of them receive an injury and they are disabled then no
distinction can be made in the payment of DCRG," the AFT
said asking the government to take serious note of the anomaly
and review the policy forthwith. "We cannot give them benefit,
but we can only request the government that this payment of
DCRG on the basis of distinction between short service
commissionand regular service commission is highly
discriminatory. We hope and trust that the government will
remove thisdiscrimination which is apparent on the face of it,
" it said. Coming to computation of war injury pension, the
AFT said the cause of injury which disabled a soldier and cut
shorthis career was beyond the control of the personnel and
such persons should be treated fairly by being given war injury
pension on the basis of the highest pay in the rank. "We feel
strongly that it is a matter which requires serious consideration
of the government that a person whose career has been sacrificed
for safeguarding the Indian border and he is to be treated in such
a poor way that he is being paid war disabled pension on the
basisof minimum of the scale of that rank," the AFT Bench
said. "The maximum scale of that rank should be considered
for determining the amount of war injury pension," the AFT
said disposing of the petition by the Disabled War Veterans.
Veteran Prabhjot Singh Chhatwal PLS Retd.
Mob.09554-09128,Tele-Fax 0175-5000896.

Disability benefits for pre-2006 pensioners-Vijay Mohan Tribune News Service : Veteran Prabhjot Singh Chhatwal PLS Retd.

Disability benefits for pre-1996 pensioners.

Vijay Mohan:Tribune News Service.

Chandigarh, January 31.Following the recommendations of

the Committee of Secretaries, the government has partially

modified regulations for disability pension and extended

benefit of broad-banding of disability percentage to those

invalided out of serviceprior to January 1996.The cap on

war injury pension, restricting the same to themaximum

of last drawn emoluments for personnel invalided out in

Category ‘E’, also stands removed. The orders to this effect

were issued by the Ministry of Defence on January 19 after

financial sanction for the same was accorded earlier this

month.The benefits of broad-banding of disability

percentage and removing the cap on war injury pension

were recommended by the Sixth Pay Commission. These

were, however, extended only to those invalided out of

service in1996 or after, thereby putting similarly placed

persons left service earlier at a disadvantage.While the

partial modification has been welcomed by veterans as

a positive development,some officers and legal experts

point out that the benefits have been extended only to

those individuals, who were invalided out of service and

not to those who retired on completion of their terms of

engagement.

In the case, Paramjit Singh Vs Union of India, the Punjab

and Haryana High Court, has alreadyheld this disparity

to be arbitrary.

Regulations now themselves provide that for the purposes

of disability pension, persons placed in low medical

category at the time of retirement are deemed to be invalided

out of service.The different treatment between invalided and

superannuating personnel, according to lawyers dealing in

the pensionary matters, seems strangein view of the fact that

broad-banding or rounding-off disability percentage was

introduced to curb medical subjectivity because it was felt

that different medical boards were providing different

percentages of disability for similar ailments.

Veteran Prabhjot Singh Chhatwal PLS Retd.

Mob.098554-09128,Tele-fax 0175-5000896.