DOWA COCHIN

APPOINTMENT OF ARMED FORCESGRIEVANCES REDRESSAL COMMISSION

2011-01-25T01:39:00.000-08:00

1. I.A. No. 9 of 2010 in T.P. (Civil) No. 56/2007, an application for modification/ recalling of final order dated 08.03.2010 and re-hearing of the matter, filed by Union of India came up for hearing today on 15.11.2010. The aforesaid T.P. was filed by the Union of India with a prayer to transfer several writ petitions pending in the various High Courts regarding correct fixation of rank pay as recommended by the IVth Pay Commission and accepted by the Central Government, to be effected from 01.01.1986 in respect of the officers of the Armed Forces and finally decided on 08.03.2010 in favour of the officers.

2. The aforesaid I.A. was listed for hearing before the Bench of Hon’ble Justice Markandey Katju and Hon’ble Justice Gyan Sudha Mishra before Court – 6 as Item No. 4 today i.e. 15.11.2010. Some connected matters were also listed. It may be noted that the Hon’ble Supreme Court has already passed final order in the aforesaid matters on 08.03.2010 and directed the Central Government to pay the rank pay to the affected officers w.e.f. 01.01.1986 along with 6% interest. Surprisingly, instead of implementing the aforesaid directions, UOI had filed an application for modification and recalling of the order dated 08.03.2010 and for re-hearing of the matters. The respondents i.e. writ petitioners in the High Court of Kerala and Ex-servicemen organizations namely Retired Defence Officres Association, Disabled War Veterans of India, Naval Chapter and Purva Sainik Prishad were represented by Advocates, Mr. Mahabir Singh, Gp Capt Karan Singh Bhati (Retd.) and Ms Aishwarya Bhati.

3. In the connected matter, W.P. (Civil) No. 291/2010 – “Pushpawanti Versus Union of India” wherein a pension of rs. 80/- p.m. was being paid to the widow of a highly decorated Major, the Hon’ble Court has been pleased to pass detailed directions for the formation of Commission, headed by Hon’ble Mr. Justice Kuldeep Singh, Retired Judge of the Supreme Court, Hon’ble Mr. Justice S.S. Sodhi, Retired Judge of Allahabad High Court, General V.P. Malik, Former Chief of Army Staff and Lt. General Vijay Oberoi (Retd.) and one member i.e. Civil Servant either serving or retired, to be nominated by the Union of India to look into and make recommendations with regard to the grievances of serving and retired Defence personnel like one rank one pension and other disparities and anomalies, without limiting the scope of reference. The matter will continue to be monitored by the Hon’ble Supreme Court.

4. The Hon’ble Court was very clear on the purpose and backdrop of the need for setting up such a Commission to provide an equitable Forum to look into and make recommendations for a fair redressal of grievances of the Men-In-Uniform, who had been at the receiving end of the Governmental/ Bureaucratic Apathy and indifference for years and decades.

5. The Hon’ble Court was extremely moved with instances of pittance being paid as pension to widows of highly decorated officers who laid down their lives for the Nation and years of indifferent and unfair policies leading to officers and men taking extreme steps of returning their gallantry medals and even burning their artificial limbs which were fixed upon loosing natural limbs in war/ action. The Hon’ble Court had specifically expressed its concern and intention on earlier occasions also when these matters were being heard and had directed the Union of India to file an affidavit on these lines, while expressing that the Commission could be formed by the court suo-moto also, however, the intention was to include the Union of India in the decision making process since such high degree of discontentment which was apparent among the personnel of Defence Forces, is not good for the country.

6. The Union of Indian had filed an additional affidavit in the aforesaid T.P. and connected matters, pursuant to the directions of this Hon’ble Court and the entire tone and tanner of the affidavit was to question the final order dated 08.03.2010 passed by the Hon’ble Supreme Court for grant of rank pay with arrears and 6% interest and acting in disregard to the directions of the Hon’ble Supreme Court passed on 08.03.2010 and to somehow impress upon the court that all the grievances of defence personnel were being looked into by the Government. Interestingly, the Union of India, through the affidavit of under Secretary in the Ministry of Defence, only consented to referring the issue of fixation of rank pay to the proposed Commission and expressed its inability to consent to any other terms of reference.

7. During the hearing of the matter today, the Hon’ble Court termed the affidavit of the Union of India as contemptuous and disregarded the same. It was clear that the Hon’ble Court was disturbed with the attitude of the Government when the court pointed out that no law required consent from the Union of India to pass directions with regard to the setting up a Commission. The Hon’ble Court also refused to refer the issue of rank pay fixation to the Commission since it has already been settled in favour of the officers by the order of the Hon’ble Supreme court itself dated 08.03.2010 in T.P. (Civil) No. 56/2007. The Application for modification and recalling the order dated 08.03.2010 has been referred to the Chief Justice of India for placing the same before another Bench.

Lt Col BK Sharma
President, RDOA

ARMY OFFICER'S BENEVOLENT FUND PLATINUM GRANT AT 75 YRS AGE.

2011-01-25T01:33:00.000-08:00

Retired army officers, who have completed 75 years of age, are entitled to a grant of Rs 50,000.00 from the Army Officers Benevolent Fund.Kindly share this information among the retired Army Officers in your city. In case of demise of an officer, during service or later before completing 75 years, this amount is payable to the next of kin immediately after the demise of the officer. It is also applicable to officers settled abroad). No formal application is required for claiming the platinum grant. However the retired officers are required to intimate their postal addresses and Bank Account Numbers as and when they enter their 75th year at following address for updating the records :-

Director Accounts, Ceremonial & Welfare Directorate
Adjutant General's Branch, Army Headquarters, South Block, Room No 279,
DHQ PO New Delhi – 110011
Tele No - 2337 5138
Ravindran Major majorravi@gmail.com

NOTE ON APPOINTMENT OF ARMED FORCESGRIEVANCES REDRESSAL COMMISSION ANDPAYMENT OF RANK PAY TO DEFENCE OFFICERS

2011-01-25T01:08:00.000-08:00

RANK PAY OFFICERS

2010-10-21T18:01:00.000-07:00

I doubt whether you had alook at the file notings of the Defence
Secretariate file on the issue. Anyway I had a look at it. In case you
have not seen it so far, kindly go through it. If you seek
inspectionof the file under RTI Act, you will get it. Let me point out
following:

1. As per Defence Ministry's note dated 22-12-2009 the financial
implications were estimated t be Rs.433 cores without taking into
account financial implications on pensionary benefits in respect of
army and navy officers.

2. It was referredtoLegal Adviser (Def)

3. The Legal Advisor was of the opinion that review can be done on
following grounds:
(a) Discovery of new facts
(b) Mistake or errorapparenton face of ecord and
(c) Any other sufficient reason

4.It has gone to the solicitor Gemneral

5.The Joint Secretary(L) Anand Misra hadpointed out that "In view of
the huge financialimplications and importance of the case,it is
roposed to get it assessed by a High Power Committee consisting of
Defence Secretary, Secretary, Dept of Expenditure and Secreary
(Defence Finance)

6.The RM has approved consitutionof the above Committee

7. This Committee has worked out the expenditure as - Arrears on
acount of pay and pension to be around Rs.426 crores and Rs.83 crores
respectively. Interest @ 6% per annum on these arrears as ordered by
the SC to be Rs.1.114.71 crores and the total financial liaility comes
to around Rs.1,623.71 crores

8. The case was puersued purely on taking of the above
mentionedone-time financial implecation and enhanced
recuring implication.

9. In nutshell it may be seen that only the financial im0plication was
the criteria for the government to seek the review/recall and not the
merrrit of case

10 Now we should recollect following
(a) The arrears was resulted due to the misinterretation of the 4 PC
orders by the baboos
(b) The mistakes were corrected and the correction has been ratified
by the HC and SC
(c) Now the position is that the above amount is due to officers. ie.,
amount due to the employees of government. It is legally incumbant on
the employer ie., the government to pay this due to its employees.,
(d) Government cannot absolve fromthis liability on a plea that the
amount is too high.
(e) If the government is not capable of discharging its liability, it
has no choice other than declaring itself 'INSOLVANT'. After becoming
insolvant, the employees is entitled to seek their dues by REVENUE
RECOVERY.

I therefore request the concerned to bear in mind the requirement of
the government becoming INSOLVENT to escape the payment and our
entitlement to get our dues by REVENUE RECOVERY. I also request the
concerrned to impress all concerned that the intgerest of Rs.1,114.71
crores cannot be considered as the expenditure as the entitled
interest has always been morethan 6% and more than Rs.1114,71 has
already gained by government by withholding the dues from us. This is
as good as returning our DSOP deposit. This can never be considered
as an additional burden. In fact we should insist payment of interest
at market rate from 8-3-2010

Col NR Kurup (Retd)
colnrkurup@gmail.com

TOLL TAX EXEMPTION

2010-10-03T02:38:00.000-07:00

Thursday, September 23, 2010

This issue keeps cropping up every year or so.
Some officers are again circulating a letter purportedly issued by the NHAI in which it has been stated that retired defence personnel are entitled to toll exemption.
The above mentioned letter is fake. Please do not embarrass yourself or the service by using it or fighting with toll barrier staff on its basis. This has been clarified by me time and again.
An excerpt of a news report wherein the subject was dealt with by the Supreme Court is also floating around. The said judgement was related to the private vehicles of serving personnel only and had no relevance to retired personnel. The Supreme Court had upheld toll exemption to the private vehicles of serving defence personnel only.
Anyone who may want to know about the issue in greater detail may go through previous posts on the subject by clicking here.

Posted by Navdeep / Maj Navdeep Singh at 8:00 AM Labels: Policy and Benefits, toll tax

GOVT GIVES A BOOST TO LONG TERM INVESTMENTS

2010-09-17T23:55:00.000-07:00

The proposed Direct Taxes Code (DTC) tabled in Parliament on Monday signals some key changes for you. Women taxpayers would enter a new taxing era, where they won’t get the exemption edge that they have been enjoying till now. While the overall deductions have moved up only marginally by `15,000, some instruments have been moved out from the deduction ambit.

“I feel this is a diluted version of the first draft. In terms of tax exemption limit and deductions, the difference is not huge,” says Nikhil Bhatia, executive director (direct tax), PricewaterhouseCooper.

The income-tax exemption limit for both men and women has been moved up to `2 lakh. While for men this is a jump of `40,000 from their existing limit of `1.6 lakh, women’s benefit has been restricted only to `10,000 from their current `1.9 lakh limit. Senior citizens, too, would see a rise of only `10,000—the new exemption limit has been raised to `2.5 lakh from the current `2.4 lakh.

Exemption means the income threshold before which no income-tax is due. So, a man earning `3 lakh a year will have to pay tax only on `1 lakh; `2 lakh becomes his tax-free income or income exempted from tax. Add a deduction of `1 lakh and he can bring his tax liability to nil. Also, any individual claiming a deduction of `1.5 lakh can ensure that `3.5 lakh of his income is tax-free.

Deductions up to `1 lakh will be available on savings, pension funds and pension schemes. These include long-term savings options, such as the Employees’ Provident Fund, Public Provident Fund, other government approved provident funds and contributions made to the tier I structure of the New Pension System.

Another `50,000 will be available on life insurance and health insurance premiums and tuition fees. Additionally, the interest on loans taken for higher education is also deductible. However, premiums paid on a life insurance policy can’t exceed 5% of the sum assured.

Earlier, the total deduction came to `1,35,000, including instruments under section 80C up to `1 lakh, infrastructure bonds up to `20,000 and health insurance up to `15,000. Now, it comes to `1.5 lakh.

Home loan principal: The deduction up to `1.5 lakh on interest paid on home loans continues. However, the principal on home loans is not eligible for deduction any more.

Equity-linked savings scheme (ELSS): In a blow to the mutual fund industry, the tax-friendly ELSS is out of the deduction ambit.

Others: Five-year fixed deposits (FDs), which were earlier included in `1 lakh deduction list, are out. Infrastructure bonds, introduced in this year’s Budget for an additional deduction of `20,000, seem to have a short life. They, too, are not part of the new list.

“The deduction of up to `1 lakh under DTC is applicable on approved funds that currently consist of provident funds, pension and superannuation schemes. It seems to suggest that ELSS and infrastructure bonds will no longer enjoy tax deduction,” says Bhatia.

The proposed DTC brings cheer to those who have made capital gains. The previous version of the DTC proposed to tax a portion of long-term capital gains (LTCG), the current proposal has removed it altogether. For listed securities, LTCG will be nil as is the norm now.

In case of short-term capital gains (STCG), gains made within a year, 50% of the profit will be taxed at your tax slab. Effectively, that would mean a tax rate of 5%, 10% and 15% for those in tax slabs of 10%, 20% and 30%, respectively. At present, STCG is taxed at 15%, which is levied on the entire amount.

This means that those in lower tax bracket would gain out of this move. Says Sudhir Kapadia, tax market leader, Ernst and Young, a consulting firm: “Investors in the lower tax bracket will stand to gain as they will pay less than the current 15%.”

The rich will have to pay a wealth tax if the proposed DTC is passed in its present form. Net assets in excess of `1 crore will be taxed every year at the rate of 1%. Net assets is the difference between the value of all assets owned by a person (including a house, land, car, yacht, helicopter, jewellery, furniture, utensils, archaeological collections, paintings, cash and deposits in banks outside India, among others) and debts associated with the above assets.

The tax will have to be paid by the date for filing of tax returns. There are a plenty of exclusions in this DTC clause, so do talk to your financial planner before you panic.

The restructuring of deductions is aimed at encouraging long-term savings. By increasing the deduction limit for pension products, the government clearly aims at boosting retirement savings. Also, removal of short-term tax-saving tools, such as ELSS and five-year FDs, shows that the new focus period is long term.

Also, with deductions on insurance premiums limited to `50,000, sticking to the simplest and cheapest term insurance would make more sense for you. Earlier, agents often pushed insurance products as a tax-saving tool; they can’t use that pretext any more.

Deepti Bhaskaran, deepti.bh@livemint.com

A VERY DAMNING ARTICLE ON INDIA & TRUE TOO

2010-09-17T23:52:00.000-07:00

Reflections on India By Sean Paul Kelley

Sean Paul Kelley is a travel writer, former radio host, and before that an asset manager for a Wall Street investment bank that is still (barely) alive. He recently left a fantastic job in Singapore working for Solar Winds, a software company based out of Austin to travel around the world for a year (or two). He founded The Agonist, in 2002, which is still considered the top international affairs, culture and news destination for progressives. He is also the Global Correspondent for The Young Turks, on satellite radio and Air America .

If you are Indian, or of Indian descent, I must preface this post with a clear warning: you are not going to like what I have to say. My criticisms may be very hard to stomach. But consider them as the hard words and loving advice of a good friend. Someone who’s being honest with you and wants nothing from you.

These criticisms apply to all of India except Kerala and the places I didn’t visit, except that I have a feeling it applies to all of India , except as I mentioned before, Kerala.

Lastly, before anyone accuses me of Western Cultural Imperialism, let me say this: if this is what India and Indians want, then hey, who am I to tell them differently. Take what you like and leave the rest. In the end it doesn’t really matter, as I get the sense that Indians, at least many upper class Indians, don’t seem to care and the lower classes just don’t know any better, what with Indian culture being so intense and pervasive on the sub-continent. But here goes, nonetheless.

India is a mess. It’s that simple, but it’s also quite complicated. I’ll start with what I think are India ’s four major problems–the four most preventing India from becoming a developing nation–and then move to some of the ancillary ones.

First, pollution. In my opinion the filth, squalor and all around pollution indicates a marked lack of respect for India by Indians. I don’t know how cultural the filth is, but it’s really beyond anything I have ever encountered. At times the smells, trash, refuse and excrement are like a garbage dump.

Right next door to the Taj Mahal was a pile of trash that smelled so bad, was so foul as to almost ruin the entire Taj experience. Delhi , Bangalore and Chennai to a lesser degree were so very polluted as to make me physically ill. Sinus infections, ear infection, bowels churning was an all to common experience in India . Dung, be it goat, cow or human fecal matter was common on the streets. In major tourist areas filth was everywhere, littering the sidewalks, the roadways, you name it. Toilets in the middle of the road, men urinating and defecating anywhere, in broad daylight.

Whole villages are plastic bag wastelands. Roadsides are choked by it. Air quality that can hardly be called quality. Far too much coal and far to few unleaded vehicles on the road. The measure should be how dangerous the air is for one’s health, not how good it is. People casually throw trash in the streets, on the roads.

The only two cities that could be considered sanitary in my journey were Trivandrum –the capital of Kerala–and Calicut . I don’t know why this is. But I can assure you that at some point this pollution will cut into India ’s productivity, if it already hasn’t. The pollution will hobble India ’s growth path, if that indeed is what the country wants. (Which I personally doubt, as India is far too conservative a country, in the small ‘c’ sense.)

The second is sue , infrastructure, can be divided into four subcategories: roads, rails and ports and the electrical grid. The electrical grid is a joke. Load shedding is all too common, everywhere in India . Wide swaths of the country spend much of the day without the electricity they actually pay for. With out regular electricity, productivity, again, falls.

The ports are a joke. Antiquated, out of date, hardly even appropriate for the mechanized world of container ports, more in line with the days of longshoremen and the like. Roads are an equal disaster. I only saw one elevated highway that would be considered decent in Thailand , much less Western Europe or America . And I covered fully two thirds of the country during my visit.

There are so few dual carriage way roads as to be laughable. There are no traffic laws to speak of, and if there are, they are rarely obeyed, much less enforced. A drive that should take an hour takes three. A drive that should take three takes nine. The buses are at least thirty years old, if not older.

Everyone in India , or who travels in India raves about the railway system. Rubbish. It’s awful. Now, when I was there in 2003 and then late 2004 it was decent. But in the last five years the traffic on the rails has grown so quickly that once again, it is threatening productivity. Waiting in line just to ask a question now takes thirty minutes. Routes are routinely sold out three and four days in advance now, leaving travelers stranded with little option except to take the decrepit and dangerous buses.

At least fifty million people use the trains a day in India . 50 million people! Not surprising that waitlists of 500 or more people are common now.

The rails are affordable and comprehensive but they are overcrowded and what with budget airlines popping up in India like Sadhus in an ashram the middle and lowers classes are left to deal with the overutilized rails and quality suffers. No one seems to give a shit.

Seriously, I just never have the impression that the Indian government really cares. Too interested in buying weapons from Russia , Israel and the US I guess.

The last major problem in India is an old problem and can be divided into two parts that’ve been two sides of the same coin since government was invented: bureaucracy and corruption.

It take triplicates to register into a hotel. To get a SIM card for one’s phone is like wading into a jungle of red-tape and photocopies one is not likely to emerge from in a good mood, much less satisfied with customer service.

Getting train tickets is a terrible ordeal, first you have to find the train number, which takes 30 minutes, then you have to fill in the form, which is far from easy, then you have to wait in line to try and make a reservation, which takes 30 minutes at least and if you made a single mistake on the form back you go to the end of the queue, or what passes for a queue in India.

The government is notoriously uninterested in the problems of the commoners, too busy fleecing the rich, or trying to get rich themselves in some way shape or form. Take the trash for example, civil rubbish collection authorities are too busy taking kickbacks from the wealthy to keep their areas clean that they don’t have the time, manpower, money or interest in doing their job.

Rural hospitals are perennially understaffed as doctors pocket the fees the government pays them, never show up at the rural hospitals and practice in the cities instead.

I could go on for quite some time about my perception of India and its problems, but in all seriousness, I don’t think anyone in India really cares. And that, to me, is the biggest problem. India is too conservative a society to want to change in any way.

Mumbai, India ’s financial capital is about as filthy, polluted and poor as the worst city imaginable in Vietnam , or Indonesia –and being more polluted than Medan , in Sumatra is no easy task. The biggest rats I have ever seen were in Medan !

One would expect a certain amount of, yes, I am going to use this word, backwardness, in a country that hasn’t produced so many Nobel Laureates, nuclear physicists, imminent economists and entrepreneurs. But India has all these things and what have they brought back to India with them? Nothing.

The rich still have their servants, the lower castes are still there to do the dirty work and so the country remains in stasis. It’s a shame. Indians and India have many wonderful things to offer the world, but I’m far from sanguine that India will amount to much in my lifetime.

Now, have at it, call me a cultural imperialist, a spoiled child of the West and all that. But remember, I’ve been there. I’ve done it. And I’ve seen 50 other countries on this planet and none, not even Ethiopia , have as long and gargantuan a laundry list of problems as India does.
And the bottom line is, I don’t think India really cares. Too complacent and too conservative.

From: Brig K P G Kurup

Date: Sunday, 12 September, 2010, 10:52 AM

ANOMALIES IN MAJORS PENSION ( PRE 2006 RETIREE) REMOVED

2010-09-17T23:47:00.000-07:00

Holding that the pension shall not be less than 50 per cent of the minimum pay within the pay-band, the Armed Forces Tribunal (AFT) today allowed a petition filed by majors and equivalents that would now entitle them to enhanced pension.

With the removal of existing anomalies that had resulted in majors, who retired prior to 2006, getting pension lower than even junior commissioned officers, they would now be paid an additional basic pension of about Rs 5,000 per month, besides consequential benefits. The order affects a substantial number of officers of the three services who had retired in the rank of major prior to 2006.

After the implementation of the Sixth Pay Commission (SPC), the pension of majors was fixed at Rs 14,100 per month. This was less than what JCOs, four ranks below their grade, have been getting (Rs 16,145).

The anomaly in pension fixation arose because the minimum of the entire pay-band (PB-3) was taken into account while fixing the pension instead of considering the minimum of the pay-band applicable to majors. PB-3 (Rs 15,600-39,100) includes officers of the ranks of lieutenant to major and equivalents in other services. The minimum scale of major post-SPC is Rs 23,810.

The petitioners had contended that the existing basic pay, inclusive of grade pay and military service pay, worked out to be Rs 36,410, hence their pension at the stipulated 50 per cent of basic worked out to be Rs 18,205 per month, to which they were entitled.

In December, 2004, all majors with 13-year experience and having requisite qualifications were promoted to the rank of lieutenant colonel (time scale) and the policy has continued since then. Following the implementation of the Sixth Pay Commission, all 35 categories of services were merged into four pay bands in which lieutenant colonels were initially placed in pay band-3, but later moved to pay band-4.

The pension of lieutenant colonel is fixed at Rs 25,700 whereas that of majors who retired before 2006 is Rs 14,100, creating a huge difference of Rs 11,600, the petitioners claimed. Prior to the Sixth Pay Commission, the difference was just Rs 950.

In fact, the Department of Pensions (DoP) had raised the issue of incorrect interpretation of pension fixation rules of pre-2006 majors with the Department of Expenditure (DoE) and that it needed to be corrected. Despite the fact that the ministers of finance as well as personnel were in favour of the correction, the bureaucracy in the Ministry of Finance put a spanner in the work. The case was taken up time and again by the DoP, but was always rejected by the DoE.

Vijay Mohan
Tribune News Service
Chandigarh 14 Sep 10

LT CDR'S CASE : ANOTHER VICTORY

2010-09-17T23:42:00.000-07:00

Respected Veterans,

We are pleased to inform that we have won the case for the enhanced Pension payable to Lt Cdrs, filed by Cdr Avtar Singh and well fought by Cmde Sukhjinder Singh. The judgment was pronounced this morning by the tribunal bench headed by Justice Mathur and Lt Gen M Naidu. Copy of the judgment will be available only in a couple of days and the same will also be promulgated for your info.

The Lt Commanders will now be entitled to a pension of 50% of what the serving Lt Commander in service are drawing. It may make a difference of about Rs 4000 in their pensions.

We were awaiting the outcome of this case to file the Case for the Cmdes / Brigs etc and the needful will be done shortly. Cmde Sukhjinder will be steering this case and NFDC will also be a litigant.

This is another battle won for the Veterans with the help of the judicial process but there are good reasons to believe that as is now the norm, the MOD will file an SLP.

Vice Admiral Harinder Singh

PAY TO ARMED FORCES

2010-09-17T23:27:00.000-07:00

We need a permanent solution to this tussle over emoluments so that the armed forces need only confront the enemies of the nation, says T.R.Ramaswami IAS.

In the continuing debate on pay scales for the armed forces, there has to be a serious and transparent effort to ensure that the country is not faced with an unnecessary civil-military confrontation.That effort will have to come from the netas, who are the real and true bosses of the armed forces and not the civil bureaucracy. A solution may lie in what follows. This country requires the best armed forces, the best police and the best civil service. In fact that is what the British ensured.. By best one means that a

person chooses which service he wants as per his desires/capabilities and not based on the vast differential in prospects in the variousservices.
How much differential is there?
Take Maharashtra, one of the most parsimonious with police ranks thus still retaining some merit -

The 1981 IPS batch have become 3-star generals, the 1987 are 2-star and the 1994 1-star.
In the army the corresponding years are 1972, 1975, 1979. â€“ ie a differential of 10-15years. While the differential is more with the IAS, the variance with the IPS is all the more glaring because both are uniformed services and the grades are "visible" on the shoulders.
First some general aspects. Only the armed forces are a real profession â€“ ie where you rise to the top only by joining at the bottom. We have had professors of economics become Finance Secretaries or even Governors of RBI. We have any number of MBBSs,engineers, MBAs, in the police force though what theirqualifications lend to their jobs is a moot point. You can join at any level in the

civil service, except Cabinet Secretary. A civil servant can move from Animal Husbandry to Civil Aviation to Fertilisers to Steel to yes, unfortunately, even to Defence.. But the army never asks for Brigade Commanders or a Commandant of the Army War College or even Director General Military Intelligence, even from RAW or IB. Army officers can and have moved into organizations like IB and RAW but it is never the other way round. MBBS and Law graduates are only in the Medical or JAG Corps and do nothing beyond their narrow areas. Every Army Chief - in any army - has risen from being a commander of a platoon to company to battalion to brigade to division to corps to army.In fact the

professionalism is so intense that no non-armoured corps officer ever commands an armoured formation â€“ first and possibly only exception in world military history â€“ General K. Sunderji.Perhaps it is this outstanding professionalism that irks the civil services.
Next, one must note the rigidity and steep pyramid of the army's rank structure. In the civil services any post is fungible with any grade based on political expediency and the desires of the service. For example I know of one case where one department downgraded one post in another state and up-graded one in Mumbai just to enable someone continue in Mumbai after promotion!

You can't fool around like this in the armed forces. A very good Brigadier cannot be made a Major-General and continue as brigade commander. There has to be a clear vacancy for a Major General and even then there may be others better than him. Further the top five ranks in the army comprise only 10% of the officer strength. Contrast this with the civil services where entire batches become Joint Secretaries.

Even the meaning of the word "merit" is vastly different in the army and

the civil services. Some years back an officer of the Maharashtra cadre claimed that he should be the Chief Secretary as he was first in the merit list. Which merit list? At the time of entry more than 35 years before! The fact is that this is how merit is decided in the IAS and IPS. Every time a batch gets promoted the inter-se merit is still retained as at the time of entry. In other words if you are first in a batch at the time of entry, then as long as you get promoted, you continue to remain first! This is like someone in the army claiming that he should become chief because he got the Sword of Honour at the IMA. Even a Param Vir Chakra does not count for promotion, assuming that you are

still alive. In the armed forces, merit is a continuous process - each time a batch is promoted the merit list is redrawn according to your performance in all the previous assignments with additional weightage given not only to the last one but also to your suitability for the next one. Thus if you are a Brigade Commander and found fit to become a Major General, you may not get a division because others have been found better to head a division. That effectively puts an end to your promotion to Lt. General.The compensation package must therefore address all the above issues. In each service, anyone must get the same total compensation by the time he reaches

the 'mode rank' of his service. "Mode" is a statistical term “ the value where the maximum number of variables fall.
In the IAS normally everyone reaches Director and in the IPS it is DIG. In the army, given the aforementioned rank and grade rigidities and pyramidical structure, the mode rank cannot exceed Colonel. Thus a Colonel's gross career earnings (not salary scales alone) must be at par with that of a Director. But remember that a Colonel retires at 54, but every babu from peon to Secretary at 60 regardless of performance.Further, it takes 18-20 years to become a Colonel whereas in that time an IAS officer reaches the next higher grade of Joint Secretary, which is considered equal to a Major General.These aspects and others - like postings in non-family stations - must be addressed while fixing the overall pay scales of Colonel and below. Thereafter a Brigadier will be made equal to a Joint

Secretary, a Major-General to an Additional Secretary and a Lt. General to a Secretary. The Army Commanders deserve a new rank -Colonel General - and should be above a Secretary but below Cabinet Secretary. The equalization takes place at the level of Cabinet Secretary and Army Chief.
If this is financially a problem I have another solution. Without increasing the armed forces' scales, reduce the scales of the IAS and IPS till they too have
20% shortage.

Done?
Even India 's corruption index will go down.
If the above is accepted in principle, there is a good case to review the number of posts above Colonel. Senior ranks in the armed forces have become devalued with more and more posts being created.But the same pruning exercise is necessary in the IAS and more so in the IPS, where

Directors General in some states are re-writing police manuals eg one is doing Volume I and another Volume II!

Further the civil services have such facilities as "compulsory wait" ie “ basically a picnic at taxpayers cost. And if you are not promoted or posted where you don't want to go they seem able to take off on leave with much ease. In the army you will be court-martialled. Also find out how many are on study leave. The country cannot afford this.

Let not someone say that the IAS and IPS exams are tougher and hence the quality of the officers better. An exam at the age of 24 has to be tougher than one

at the age of 16. The taxpaying citizen is not interested in your essay/note writing capabilities or whether you know Cleopatra's grandfather.

As a citizen I always see the army being called to hold the pants of the civil services and the police and never the other way round. That's enough proof as to who is really more capable. Also recall the insensitive statements made by the IG Meerut in the Aarushi case and the Home Secretary after the blasts. Further, when the IAS and IPS hopefuls are sleeping, eating and studying, their school mates, who have joined the army, stand vigil on the borders to make it possible for them to do so. Remember that the armed forces can only fight for above the table pay. They can never compete with the civil services and definitely not with the police for the under the table variety.

Finally, there is one supreme national necessity. The political class, not the bureaucracy - which represents the real civil supremacy better become more savvy on matters relating to the armed forces. Till then they are at the mercy of the civil service, who frequently play their own little war games. At ministerial level there are some very specialized departments eg “ Finance, Railways,Security (Home), Foreign and Defence, where

split second decisions are necessary. It is always possible to find netas savvy in finance, foreign relations and railways. Security has been addressed in getting a former IPS officer as NSA at the level of a MoS. Is it time that a professional is also brought into the Defence Ministry as MoS? The sooner the better. In fact this will be better than a CoDS because the armed forces will have someone not constrained by the Army Act or Article 33 of the Constitution.Of course the loudest howls will come from the babus. The netas must realize that a divide and rule policy cannot work where the country's security is concerned. Recall 1962?

Our army, already engaged in activities not core to their functions, including rescuing babies from borewells (!), should not have to engage in civil wars over their pay scales. I only hope our defence minister or anyone who would take a reasonable stand for defence forces ever gets to see this article.
It would definitely affect any person with an iota of integrity

Fwd by Col George Joseph email :jaat52@hotmail.com

ON ARMY AND CIVIL SERVICES- TR Ramaswamy IAS

2010-08-16T09:13:00.000-07:00

We need a permanent solution to this tussle over emoluments so that the armed forces need only confront the enemies of the nation,
Says - T.R.Ramaswami IAS.

In the continuing debate on pay scales for the armed forces, there has to be a serious and transparent effort to ensure that the country is not faced with an unnecessary civil-military confrontation. That effort will have to come from the netas, who are the real and true bosses of the armed forces and not the civil bureaucracy. A solution may lie in what follows. This country requires the best armed forces, the best police and the best civil service. In fact that is what the British ensured.. By best one means that a person chooses which service he wants as per his desires/capabilitie s and not based on the vast differential in prospects in the variousservices.
How much differential is there?

Take Maharashtra, one of the most parsimonious with police ranks thus still retaining some merit –
The 1981 IPS batch have become 3-star generals, the 1987 are 2-star and the 1994 1-star.

In the army the corresponding years are 1972, 1975, 1979. ie a differential of 10-15years. While the differential is more with the IAS, the variance with the IPS is all the more glaring because both are uniformed services and the grades are "visible" on the shoulders.

First some general aspects. Only the armed forces are a real profession â€“ ie where you rise to the top only by joining at the bottom. We have had professors of economics become Finance Secretaries or even Governors of RBI. We have any number of MBBSs,engineers, MBAs, in the police force though what theirqualifications lend to their jobs is a moot point. You can join at any level in the civil service, except Cabinet Secretary. A civil servant can move from Animal Husbandry to Civil Aviation to Fertilisers to Steel to yes, unfortunately, even to Defence.. But the army never asks for Brigade Commanders or a Commandant of the Army War College or even Director General Military Intelligence, even from RAW or IB. Army officers can and have moved into organizations like IB and RAW but it is never the other way round. MBBS and Law graduates are only in the Medical or JAG Corps and do nothing beyond their narrow areas. Every Army Chief – in any army - has risen from being a commander of a platoon to company to battalion to brigade to division to corps to army.In fact the professionalism is so intense that no non-armoured corps officer ever commands an armoured formation â€“ first and possibly only exception in world military history “ General K. Sunderji.Perhaps it is this outstanding professionalism that irks the civil services.

Next, one must note the rigidity and steep pyramid of the army's rank structure. In the civil services any post is fungible with any grade based on political expediency and the desires of the service. For example I know of one case where one department downgraded one post in another state and up-graded one in Mumbai just to enable someone continue in Mumbai after promotion!
You can't fool around like this in the armed forces. A very good Brigadier cannot be made a Major-General and continue as brigade commander. There has to be a clear vacancy for a Major General and even then there may be others better than him. Further the top five ranks in the army comprise only 10% of the officer strength. Contrast this with the civil services where entire batches become Joint Secretaries.

Even the meaning of the word"merit" is vastly different in the army and the civil services. Some years back an officer of the Maharashtra cadre claimed that he should be the Chief Secretary as he was first in the merit list.Which merit list? At the time of entry more than 35 years before! The fact is that this is how merit is decided in the IAS and IPS. Every time a batch gets promoted the inter-se merit is still retained as at the time of entry. In other words if you are first in a batch at the time of entry, then as long as you get promoted, you continue to remain first! This is like someone in the army claiming that he should become chief because he got the Sword of Honour at the IMA. Even a Param Vir Chakra does not count for promotion, assuming that you are still alive. In the armed forces, merit is a continuous process - each time a batch is promoted the merit list is redrawn according to your performance in all the previous assignments with additional weightage given not only to the last one but also to your suitability for the next one. Thus if you are a Brigade Commander and found fit to become a Major General, you may not get a division because others have been found better to head a division. That effectively puts an end to your promotion to Lt. General.The compensation package must therefore address all the above issues. In each service, anyone must get the same total compensation by the time he reaches the 'mode rank' of his service. "Mode" is a statistical term the value where the maximum number of variables fall.

In the IAS normally everyone reaches Director and in the IPS it is DIG. In the army, given the aforementioned rank and grade rigidities and pyramidical structure, the mode rank cannot exceed Colonel. Thus a Colonel's gross career earnings (not salary scales alone) must be at par with that of a Director. But remember that a Colonel retires at 54, but every babu from peon to Secretary at 60 regardless of performance. Further, it takes 18-20 years to become a Colonel whereas in that time an IAS officer reaches the next higher grade of Joint Secretary, which is considered equal to a Major General. These aspects
and others - like postings in non-family stations - must be addressed while fixing the overall pay scales of Colonel and below. Thereafter a Brigadier will be made equal to a Joint Secretary, a Major-General to an Additional Secretary and a Lt. General to a Secretary. The Army Commanders deserve a new rank -Colonel General - and should be above a Secretary but below Cabinet Secretary. The equalization takes place at the level of Cabinet Secretary and Army Chief.

If this is financially a problem I have another solution. Without increasing the armed forces' scales, reduce the scales of the IAS and IPS till they too have 20% shortage.

Done?

Even India 's corruption index will go down.

If the above is accepted in principle, there is a good case to review the number of posts above Colonel. Senior ranks in the armed forces have become devalued with more and more posts being created. But the same pruning exercise is necessary in the IAS and more so in the IPS, where Directors General in some states are re-writing police manuals â€“ one is doing Volume I and another Volume II!

Further the civil services have such facilities as "compulsory wait" basically a picnic at taxpayers cost. And if you are not promoted or posted where you don't want to go they seem able to take off on leave with much ease. In the army you will be court-martialled. Also find out how many are on study leave. The country cannot afford this.

Let not someone say that the IAS and IPS exams are tougher and hence the quality of the officers better. An exam at the age of 24 has to be tougher than one at the age of 16. The taxpaying citizen is not interested in your essay/note writing capabilities or whether you know Cleopatra's grandfather.

As a citizen I always see the army being called to hold the pants of the civil services and the police and never the other way round. That's enough proof as to who is really more capable. Also recall the insensitive statements made by the IG Meerut in the Aarushi case and the Home Secretary after the blasts. Further, when the IAS and IPS hopefuls are sleeping, eating and studying, their school mates, who have joined the army, stand vigil on the borders to make it possible for them to do so. Remember that the armed forces can only fight for above the table pay.

They can never compete with the civil services and definitely not with the police for the under the table variety.

Finally, there is one supreme national necessity. The political class “ not the bureaucracy - which represents the real civil supremacy better become more savvy on matters relating to the armed forces. Till then they are at the mercy of the civil service, who frequently play their own little war games. At ministerial level there are some very specialized departments “ Finance, Railways,Security (Home), Foreign and Defence, where split second decisions are necessary. It is always possible to find netas savvy in finance, foreign relations and railways. Security has been addressed in getting a former IPS officer as NSA at the level of a MoS. Is it time that a professional is also brought into the Defence Ministry as MoS? The sooner the better. In fact this will be better than a CoDS because the armed forces will have someone not constrained by the Army Act or Article 33 of the Constitution. Of course the loudest howls will come from the babus.

The netas must realize that a divide and rule policy cannot work where the country's security is concerned. Recall 1962?

Our army, already engaged in activities not core to their functions, including rescuing babies from borewells (!), should not have to engage in civil wars over their pay scales.I only hope our defence minister or anyone who would take a reasonable stand for defence forces ever gets to see this article.

It would definitely affect any person with an iota of integrity.

PENSION TO FAMILY:CIRCULAR NO.145

2010-08-15T09:03:00.000-07:00

No. AT/Tech/012-VIII
O/o the Pr. C.D.A. (P),
Allahabad

Date: 29.04.2010

Sub:- Nomination facility to pensioners/family pensioners for drawing life
time arrears of pension/family pension under payment of arrears of
(Nomination), Rules 1983,clarification thereof.

Govt of India, Deptt. of Pension & Pensioners’ Welfare OM No.43/4/95-
P&95-P&PW (G) dated 30.10.1995 (copy enclosed) provides that “in the
event of death of a family pensioner, the right to receive any arrears of
family pension would automatically pass on to the eligible members of a
family next in line in accordance with Rule 54 of CCS (Pension) Rules 1972.
The requirement of succession certificate for payment of any arrear should
be required only in cases, where there is no eligible family member as
defined in Rule 54, after the death of a family pensioner”
2. However, no such similar provisions were in existence for Defence
pensioners. Accordingly the matter was referred to Ministry of Defence for
extending the above said provisions to Defence pensioners also.
3. Ministry of Defence, vide their letter No.1(16)/2009-D(Pen/Policy)
dated 15.03.2010( copy enclosed) have now decided that provisions of Govt
of India, Deptt. of Pension & Pensioners’ Welfare OM No.43/4/95-P&95-
P&PW (G) dated 30.10.1995 will apply mutatis-mutandis to the Armed forces
Personnel.
4. In view of the above, it is requested that all pension paying
branches/treasuries/DPDOs/PAOs under your jurisdiction may be instructed
to keep in mind the above provisions while regulating the life time arrears of
pension/family pension.

(D.C.HANSDA)
Dy.CDA (P)

Copy to:-
All Concerned

GOVT APPROVES MASSIVE EXPANSION OF ECHS

2010-08-15T08:53:00.000-07:00

Government Approves Massive Expansion of Ex-Servicemen Contributory Health Scheme

To provide equitable treatment to all eligible Ex-Servicemen and their dependents under the Ex-Servicemen Contributory Health Scheme (ECHS) and to enhance the scheme’s coverage, the Union Cabinet today approved Establishment of 199 new polyclinics including 17 mobile medical facilities and 15 new regional centres at a cost of Rs. 141 crores. With this, the ECHS facility will now be extended to those areas, where Ex-Servicemen population is below 2,500 by setting up polyclinics which are within reasonable distance from Ex-Servicemen concentrations.

The Cabinet also approved reorganization and strengthening the Central Organisation ECHS by suitably increasing the manpower. It has authorized additional manpower – 2263 in number on contractual basis, to man the additional 199 polyclinics. It has also authorized 315 serving personnel – 60 officers and 255 PBORs, for proposed regional centres and seven officers and 15 PBORs for Central Organisation ECHS.
Financial implications towards creation of infrastructure will be about Rs.141 crore. This will entail a capital expenditure of Rs. 118.52 crore towards cost of land, construction and medical equipment. An amount of Rs. 22.25 crore of expenditure will cover purchase of furniture etc, and IT hardware. On the recurring side, an expenditure of Rs.43 crore per annum is envisaged.

It may be recalled that the ECHS was introduced on April 01, 2003 to provide comprehensive medical coverage to Ex-Servicemen pensioners, war widows and dependents by establishing 227 polyclinics at stations with Ex-Servicemen population above 2500 throughout the country. 106 polyclinics are at military stations and 121 polyclinics are at non-military stations. Where the Ex-Servicemen population is less than 2,500, the Ex-Servicemen face hardships in reaching polyclinics because of the distance. There are over 30 lakh ECHS beneficiaries now. On an average 60,000 Servicemen retire every year and this results in a further addition of 60,000 Ex-Servicemen and 1,44,000 dependents to the list of beneficiaries each year. Over 7 lakh Ex-Servicemen, who retired prior to April 01, 2003 have not opted for the scheme primarily due to non-availability of polyclinics near their places of residence. There are also insufficient number of regional centres to monitor the polyclinics.

Following is the list of additional polyclinics planned to be established:-

Jammu & Kashmir

Baramulla, Doda, Poonch, Baribrahmna (Jammu), Kargil, Nagrota (Kathua)

Himachal Pradesh

Rampur (Shimla), Nahan (Sirmaur), Shahpur (Kangra), Palampur (Kangra), Kullu, Dera Goppipur (Kangra), Jogindernagar (Mandi), Chamba, Ghumarwin (Bilaspur), Sarakaghat (Mandi), Barsar (Hamirpur),

Punjab

Mohali, Ajnala (Amritsar), Tarantaran (Amritsar), Beas (Amritsar), Nawansahar, Suranassi (Jalandhar), Uchi Bassi (Hoshiarpur), Abohar (Ferozpur), Jagraon (Ludhiana), Batala (Gurdaspur), Srigovindpur (Gurdaspur), Sultanpur Lodhi (Kapurthala), Phagwara (Kapurthala), Samana (Patiala), Barnala (Sangrur), Nabha (Patiala), Doraha (Ludhiana), Samarala (Ludhiana), Mahalpur (Hoshiarpur), Talwara (Hoshiarpur)

Haryana

Gohana (Sonepat), Mehan (Rohtak), Sampla (Rohtak), Loharu (Bhiwani), Kosli (Jhajjar), Bahadurgarh (Jhajjar), Gurgaon, Nuh (Gurgaon), Charki Dadri (Bhiwani), Mahendragarh, Narwana (Jind), Palwal (Faridabad), Hansi (Hissar), Dharuhera (Rewari), Narayangarh (Ambala), Kharkhauda (Sonepat)

National Capital Territory of Delhi

Shakurbasti, Timarpur, Khanpur, Preetvihar

Rajasthan

Neem Ka Thana (Sikar), Shergarh (Jodhpur), Dausa, Sanganer (Jaipur), Bhuwana (Jhunjhunu), Bhilwara, Suratgarh (Hanumangarh), Dungarpur, Rajsamand, Rajgarh (Churu), Chirawa (Jhunjhunu), Behror (Alwar)

Uttar Pradesh

Bagpat, Gonda, Basti, Jaunpur, Greater Noida (GB Nagar), Lakhimpur, Moradabad, Bijnaur, Rampur, Hardoi, Banda, Roberts Ganj (Mirzapur), Barabanki, Unnao, Hathras

Uttarakhand

Joshimath (Chamoli), Dehradun, Vikas Nagar (Dehradun), Tehri, Rudraprayag, Ranikhet, Almora, Bageshwar, Banbasa (Champavat), Rudrapur (Udham Singh nagar), Dharchula (Pithoragarh), Lansdowne (Paurigarhwal), Uttarkashi, Ramnagar (Nainital)

Bihar

Bhagalpur, Kathiar, Motihari, Siwan, Samastipur, Madhubani, Buxar, Vaishali, Sasaram (Rohtas) Khagaria, Munger, Sitamarhi

Jharkhand

Deoghar, Gumla, Chaibasa (West Singhbhoom), Daltonganj (Palamu), Dhanbad

Madhya Pradesh

Satna, Ujjain, Amla (East Nimar), Pachmarhi (Hoshangabad)

Chhattisgarh

Jagdalpur (Bastar), Bilaspur, Raigarh

West Bengal

Berhampore (Murshidabad), Baruipur (South 24 Pargana), Bankura, Howrah, Raiganj (North Dinajpur), Cooch Behar, Kalimpong (Darjeeling), Binaguri (Jalpaiguri)

Assam

Lanka (Naugaon), Bongaigaon, Tinsukia, Tezpur (Sonitpur), Misamari (Darrang), Dibrugarh, Goalpara, Dhubri, Lakhimpur

Manipur

Chura Chandpur

Nagaland

Mokokchung

Mizoram

Lunglei

Arunachal Pradesh

Tezu (Lohit), Along (West Siang)

Orissa

Puri, Sambalpur, Koraput, Angul, Bhawanipatna (Kalahandi), Dhenkanal

Andhra Pradesh

Srikakulam, Anantapur, Karnool, Cuddapah, Nellore, Karimnagar, Eluru (West Godavari), Secunderabad (Rangareddy), Khammam, Mehbubnagar

Tamil Nadu

Erode, Sivagangai (Sivaganga), Kumbhkonum (Tiruvallur), Chennai, Ramanathapuram, Tambram (Kanchipuram)

Kerala

Mavelikara (Alleppey), Kanhangad (Kasargode), Kalpetta (Wayanad), Thodupuzha (Idukki), Thiruvananthapuram, Changanacherry (Kottayam), Moovattupuzha (Ernakulum), Iritti (Kannur), Kunnamkulum (Trichur), Kottarakara (Kollam), Ranni (Pathanamthitta), Killimanur (Thiruvananthapuram)

Karnataka

Kolar, Tumkur, Hassan, Shimoga, Bangalore, Gulbarga, Bidar, Virarajendrapet (Kodagu)

Maharastra

Beed, Nanded, Karad (Satara), Wardha, Navi Mumbai (Mumbai), Pune, Khadki (Pune), Yavatmal, Dhule.

Goa

Vasco – Da – Gama

Gujarat

Gandhidham, Surat, Rajkot

Pudduchery

Pudduchery

In addition to these polyclinics 15 regional centres will also be set up at Shimla, Jalandhar, Dehradun, Ambala, Hissar, Meerut, Allahabad, Ranchi, Ahmedabad, Mumbai, Nagpur, Vizag, Bangalore, Coimbatore & Trivandrum.

Sitanshu Kar / RAJ

MASSIVE EXPANSION ECHS

2010-08-11T21:02:00.000-07:00

Government Approves Massive Expansion of Ex-Servicemen Contributory Health Centres to provide equitable treatment to all eligible Ex-Servicemen and their dependents under the Ex-Servicemen Contributory Health Scheme (ECHS) and to enhance the scheme’s coverage, the Union Cabinet today approved Establishment of 199 new polyclinics including 17 mobile medical facilities and 15 new regional centres at a cost of Rs. 141 crores. With this, the ECHS facility will now be extended to those areas, where Ex-Servicemen population is below 2,500 by setting up polyclinics which are within reasonable distance from Ex-Servicemen concentrations.

The Cabinet also approved reorganization and strengthening the Central Organisation ECHS by suitably increasing the manpower. It has authorized additional manpower – 2263 in number on contractual basis, to man the additional 199 polyclinics. It has also authorized 315 serving personnel – 60 officers and 255 PBORs, for proposed regional centres and seven officers and 15 PBORs for Central Organisation ECHS.

Financial implications towards creation of infrastructure will be about Rs.141 crore. This will entail a capital expenditure of Rs. 118.52 crore towards cost of land, construction and medical equipment. An amount of Rs. 22.25 crore of expenditure will cover purchase of furniture etc, and IT hardware. On the recurring side, an expenditure of Rs.43 crore per annum is envisaged.

It may be recalled that the ECHS was introduced on April 01, 2003 to provide comprehensive medical coverage to Ex-Servicemen pensioners, war widows and dependents by establishing 227 polyclinics at stations with Ex-Servicemen population above 2500 throughout the country. 106 polyclinics are at military stations and 121 polyclinics are at non-military stations. Where the Ex-Servicemen population is less than 2,500, the Ex-Servicemen face hardships in reaching polyclinics because of the distance. There are over 30 lakh ECHS beneficiaries now. On an average 60,000 Servicemen retire every year and this results in a further addition of 60,000 Ex-Servicemen and 1,44,000 dependents to the list of beneficiaries each year. Over 7 lakh Ex-Servicemen, who retired prior to April 01, 2003 have not opted for the scheme primarily due to non-availability of polyclinics near their places of residence. There are also insufficient number of regional centres to monitor the polyclinics.

The expansion is pan India. In Kerala the clinics will come up at:

Mavelikara (Alleppey), Kanhangad (Kasargode), Kalpetta (Wayanad), Thodupuzha (Idukki), Thiruvananthapuram, Changanacherry (Kottayam), Moovattupuzha (Ernakulum), Iritti (Kannur), Kunnamkulum (Trichur), Kottarakara (Kollam), Ranni (Pathanamthitta), Killimanur (Thiruvananthapuram)

IMPORTANT ISSUES REQUESTING WIDE PUBLICITY AND BE PREPARED

2010-08-11T20:58:00.000-07:00

1. Issue of letter by GOI MOD - Implementation of the 4th CPC Rank Fiasco. DROA has already petitioned the Ransha Mantri. Their mail already circulated by me. This needs Top Priority as I know after having done an analysis most of the retired fatertinity affected by this are in the age group of 62 and 73 years. Those who retired between 1.1.86 and 31.12.86 are affected in more than 1 way - Refixation of Pay, Pension, DCRG, Leave encashment, Commutation.......New Pension arrears on that Pension, Arrears of Dearness Reliefs.

2. On the above how is the Family Pension going to be tackled ? This needs wide publicity as the wives of the late officers who are effected may not even now. Most of our Officers don't know, so how can we expect them to aware of this.Refixation of Pay, Pension, DCRG, Leave encashment, Commutation.......New Pension arrears on that Pension, Arrears of Dearness Reliefs.

3. In the case of Major Generals case, PCDA has asked them to submit an application giving the details of arrears etc with in one month (put up their web site) or else they would not be entitled for the interest of 10%. Therefore, all those due should make their charts with interest of 6% and keep it ready for forwarding to PCDA / CDA(N) / CDA(O). The interest of 6% is cumulative and hence it not restricted till 31.12.1995, but till year on year till date.

Some Officers have doubts on why they should get additional Rank Pay, when they have already received it
Sir, at the out set the Pay scales as per the 4th Pay Commission were a running one from Rs. 2300 - to Rs.5100 from the rank of SLT to COMMODRE. The second part is the Rank Pay from LT - 200, LT CDR - 600, CDR - 800, CAPT WITH LESS THAN 3 YRS SERVICE- 1000, MORE THAN 3 YRS / CMDE - 1200.(SLT not entitled to Rank Pay)

When fixing the PAY w.e.f. 1.1.1986 giving you an eg:-

LT CDR FIXED AS FOLLOWS :-
PAY = 3400
RANK PAY = 600
TOTAL PAY ON WHICH DA ADMISABLE = RS.4000

HOWEVER, SINCE RANK PAY IS A PART OF THE INITIAL FIXATION SHOULD HAVE BEEN AS FOLLOWS, TAKING THE ABOVE EXAMPLE:-

INITIAL FIXATION = PAY 3400 + RP 600 = 4000
RANK PAY 600
TOTAL INITIAL PAY FIXATION FOR THE PURPOSE OF DA RS.4600.00

DIFFERENCE OF RS.600/-

SUBSEQUENTLY PROMOTED TO CDR - AGAIN THE SAME MISTAKE AND HENCE CORRECTION AT EACH LEVEL OF PROMOTION. SOME HAVE GOT THREE PROMOTION DURING THIS PERIOD. LT CDR - CDR - CDR - CAPTAIN / CDR - CAPTAIN - CMDE

This is applicable only from 1.1.1986 to 31.12.2005. So all those who were in Service as on 1.1.86, subsequently promoted also affected, those who retired between the above period also affected. Those retired first their Pay has to be refixed and then Pension. For retirees this has a direct affect on the Commutation, DCRG, Leave encashment, Revision of Pension - DA on that and indeed the ramifications are wide ranging.

What about Family Pensioners ? What about the 6% interest part, it is cumulative and till the date you don't receive your arrears you would earn interest.

However, the Supreme Court Judgement is silent on the interest part in respect of Pensioners, but it has to assumed, which I am sure PCDA will object. So it would again go to Supreme Court.
As in the recent Major General's case PCDA had asked them to submit the details with in 1 month or else they would not be entitled to 10% interest. So be prepared to make out your chart.

In this case I was informed that CGDA has already stated that old records are not available. FYI Sir, NPO has the record of every officer for a period of 33 years from the date of retirement. Only on completion of 33 yrs FROM THE DATE OF RETIREMENT can the file be destroyed and this is from my own personal experience having served in NPO as ALOGO and also held the portfolios of ALOGO (S/DMOB /O/DMOB).

Since, many serving Officers are also affected, it is hoped that the letter would be issued soon.
Just to quote an eg of BABUDOM. The additional Pensionary benefits to JCOs and below w.e.f 1.7.2009 were accepted some time in Sep / Oct 2009. No letter was issued for its implementation. Shri LK Advani raised this on the floor of the house on 3.3.2010 and our PM not being correctly briefed stated on the floor of the house that it has been implemented. This caught the BABUs on the wrong foot, as they were sleeping on this very important issue. THE ORDERS WERE ISSUED ON 8.3.2010.

Those of you who have not collected Annexure IV to GOI letter dated 11.11.2008 from your bankers are requested to approach and collect the same. No PPO for revised Pension is going to issued and this is going to be the Authority for future. Please don't delay and in case the Bank dily dalies please give it in writing and collect it.

Lt Cdr GK Balaji(Retd)
Member, Pension Cell, IESM
099625-00199

MNS OFFICERS ENTITLED TO SERVICE PRIVILEGES

2010-08-11T20:53:00.000-07:00

MNS Officers entitled to service privileges of regular officers : AFT

In a well reasoned decision, the Hon’ble Principal Bench of the AFT has held that MNS officers are also commissioned officers and are authorised to the privileges of their respective ranks.

The decision comes in the backdrop of the refusal of authorities to allow a Major General of the MNS from sporting stars and flying a flag on her official car.

The order has settled the controversy once and for all, but the issue makes one wonder as to why were stars and flags refused to such officers in the first place ? When an officer is holding a particular military rank, then it makes no sense to deny the ceremonial ancillaries of the same. It is the rank that is entitled to such privileges and not the service or the person who is wearing that uniform. When there is no bar on sporting the ‘stars’ on the collars, then in my humble opinion there should be no reason as to why a bar should exist on sporting the same very stars on the car !.

Posted by Navdeep / Maj Navdeep Singh

NEW ECHS CARD

2010-08-11T20:51:00.000-07:00

ECHS is planning to introduce new card with 32 kb memory chip. At present the master card issued to the primary member has all the details of his dependents also. Some of us have applied for add on cards for our spouses but most of the ESM have only one card for all their dependents.

The new software under production / trials envisages use of individual card for each user so that the individuals photo and medical details can be recorded in the card. This means that if there are 3 dependents to an ESM, he will have to perforce apply for and get four cards for getting treatment in ECHS polyclinics. All ESm who are applying for membership after 01 jun 10 will get only the new card.

The old card which we are all having and using will continue to be in use and we will continue to get treatment with that card.

The old card was not used to its full potential due to certain limitations in the software and lack of knowledge / familiarity of the software. The old card is also usable at all ECHS polyclinics across the country.

If an ESM goes for treatment to any polyclinic, which is not his parent polyclinic, on insertion of the card in the reader, a pop up window appears statitng that " the parent polyclinic code is different. Do you want to change the code." If YES is selected the code gets changed to the new polyclinic.If NO is selected the code does not change.In spite of the yes / no selection the prescription slip gets printed and we can avail treatment.

The present card also allows entering of the medical details in the card. The medical details entred in the card is printed in the subsequent prescription slips. This feature of the software is not being used at all more due to administrative difficulties. The ESM will have to come back to the reception after treatment and get his card updated. The ESM do not have the inclination and the Polyclinic staff lack patience to do this.

I request all of you to get your card updated , if need be by making a separate visit to the polyclinic, as this information will come handy at time of emergency. Those of us who have drug allergy please ensure that the detail is entered in the card.

Cdr V Vaidyanathan IN (Retd)
Phone 0431 2351963
Mobile +91 94431 51088

ARMY OFFICERS BENEVOLENT FUND

2010-08-11T20:47:00.000-07:00

For Your Information............if you can remember it........

Retired army officers, who have completed 75 years of age, are entitled to a grant of Rs 50,000.00 from the Army Officers Benevolent Fund.
Kindly share this information among the retired Army Officers in your city. (In case of demise of an officer, during service or later before completing 75 years, this amount is payable to the next of kin immediately after the demise of the officer. It is also applicable to officers settled abroad.)

No formal application is required for claiming the platinum grant. However the retired officers are required to intimate their postal addresses and Bank Account Numbers as and when they enter their 75th year at following address for updating the records :-

Director Accounts
Ceremonial & Welfare Directorate
Adjutant General's Branch
Army Headquarters
South Block, Room No 279
DHQ PO New Delhi - 110011

Tele No - 2337 5138

PRESS RELEASE MAJ DHANAPALAN CASE

2010-03-15T08:11:00.000-07:00

PRESS RELEASE

Sub: 4th Pay Commission: Grant of Rank Pay

In accordance with the recommendations of the 4th Pay commission and the Govt. decision thereon, as promulgated under Gazette of India (Extra ordinary) Notification No 91 dated 18.3.1987, officers of the Army. Navy and Air Force were granted an integrated pay in the scale of Rs.2300-100-3900-150-5100. .

In addition to the pay in the integrated scale as above, Rank Pay for Captain, Major, Lt Colonel, Colonel and Brigadier and equivalent in the Navy and Air Force, were also granted @ Rs.200/-, 600/- , 800/-, 1000/-, and Rs. 1200/- PM respectively.

Although the Rank Pay was sanctioned in addition to the basic pay, while fixing the pay in the integrated scale: an amount equal to the Rank Pay was deducted from the total emoluments and the pay was fixed. This has resulted in heavy financial loss to the officers which have also cumulative effect on pay, D.A. Pension, Gratuity, etc.

Having failed to get a proper consideration of the ease, Major A.K.Dhanapalan, now retired had approached the Hon’ble High Court or Kerala for justice. in the case or Major .A.K Dhanapalan Vs Union of India in O.P 2448/96, the Hon’ble High Court or Kerala was pleased to allow the plea of the officer and held that the deduction of the Rank Pay from basic pay is NOT correct and directed to re-fix the Basic Pay with effect from 1.1.1986.

However the Union of India preferred an appeal before the larger Bench of the High Court against the judgment. Larger bench of High Court has been pleased to dismiss the appeal but the Union of India again filed an SLP in the Hon’ble Supreme Court of India. This appeal was also dismissed on 10-7-05.

Officers (Serving/Retired) of the Armed Forces who were in service on 1-1-86 in the Rank of Captain, Major, Lt Col, Col, Brigadier are affected by the above judgment. According to the judgment, Pay of Major A.K Dhanapalan has been re-fixed with effect from 1-1-86 and Govt. sanction for payment of arrears was issued, whereas the benefit has not been extended to other similarly placed Officers of the Army, Navy & Air Force. This is in justice to the affected Officers of the Army, Navy and Air Force. Officers are eligible to receive minimum* arrears after re-fixation will be as under:-

Captain and Equivalent Rs. 55,000/

Major and Equivalent Rs. 1,50,000/-

Lt. Colonel and Equivalent Rs. 2,00,000/-

Colonel and Equivalent Rs. 2,50,000/-

Brigadier and Equivalent Rs. 3,30,000/-

*This is subject to length of service from 1-1-86

Fwd By Brig (Retd) CS Kamboj

BRIEF ON PAY FIXATION AS ON 01-01-86 MAJ DHANAPALAN CASE

2010-03-15T08:04:00.000-07:00

BRIEF ON PAY FIXATION AS ON 01-01-86 CONSEQUENT TO JUDGMENT

OF KERALA HIGH COURT IN RESPECT OF MAJ DHANAPALAN (RETIRED)

1. The success of Maj AK Dhanapalan (Retd), in getting arrears of pay, based on a case filed by him, in the Kerala High Court, is one that has engendered considerable, interest among serving and retired service Officers. The case pertains to refixation of Pay, post 4th CPC, as on 01 Jan 86 and its carry forward effects, thereafter.

2. This note has been prepared to bring out the Salient aspects of the issues involved and the present status vis-a- vis officers, who are/were similarly placed.

3. Genesis of the Problem The fourth Pay Commission appreciating the pyramidcal and truncated careers of Service Officers sought to correct the anomaly, by including an element of Rank Pay, for Officers of the rank of Captain (Army) up to Brigadier. The Pay Commission envisaged, that whilst changing over from the 3rd CPC scale to the 4th CPC scales, the fixation was to be done in the same manner as that of civilians. Rank pay, would be a separate element of pay, that was to be added to the basic pay for switching over the 4th CPC scales.

4. Government Resolution In the Govt resolution that followed, the recommendations of the Fourth CPC, on one hand indicated that Rank Pay would from part of Basic Pay. However, on the other hand, in the methodology of fixing pay, Rank pay, Rank pay was to be deducted from the revised consolidated pay and thereafter pay fixed in the next higher slab of pay. This method of consolidating pay, after deducting the Rank pay, was the issue that Major Dhanapalan contested in the Kerala High Court.

5. The High Court of Kerala, upheld the contention of the officer and directed the Union of India to refix the pay of the petitioner, with effort from 01 Jan 86, without deducting the Rank pay.

6. The Govt filed and appeal to this judgment, which was dismissed by a Divisional Bench of the same Court.

7. Thereafter, an SLP was filed in the Supreme Court, which was dismissed not on the merits of the arguments given in the SLP, but owing to an inordinate delay in filing the SLP. Accordingly Maj Dhanapalan was given arrears based on the judgment of the Keral High Court.

8. Present Status Since Maj Dhanapalan's case was decided in his favour, there have been a number of representations and even 2 separate writ petitions, filed in the Kerala High Court. These have all been referred to the MoD.

9. The issues are being examined by the MoD, in consultation with Finance. Simultaneously the Services are also working out the financial implications, in case the Govt decides, after due consideration of the facts, to extend the benefits to other similarly placed serving and retired officers.

10. The Directorate of Ex-Servicemen Affairs (DESA) will keep you apprised of the position from time to time.

Col NK Balakrishnan (Retd)

RANK PAY ANOMALY

2010-03-08T23:19:00.000-08:00

Dear Friends,

We get arrears of rank pay from 01 Jan 1986.

Monday, March 8, 2010

JUDGMENT:IV PAY COMMISSION RANK PAY ANOMALY CASE

The case was heard in the court of Justice Katju & Justice RM Lodha on 08 Mar 2010. Hon'ble Justice Katju gave the judgment as:

We are in full agreement with the judgment given by the Kerela High Court and stand by the judgment and that it should be extended to all officers.He further gave a relief of 6% interest.

Fine print awaited.

Information recieved from Col Rajesh Mathews.. 09 Mar 10
--

RANK PAY CASE - SUPREME COURT VERDICT

2010-03-08T23:15:00.000-08:00

Tuesday, March 9, 2010

Rank Pay is a part of basic pay : SC upholds verdict in Dhanapalan case

As many would be aware, after the 4th CPC, an integrated pay scale of Rs 2300-5100 was implemented for officers from the rank of 2/Lt to Brig. In addition, rank pay was authorised to officers from the rank of Capt to Brig ranging from Rs 200 to 1200 which was to be added into the basic pay for all intents and purposes.

However, while fixing the pay in the new scales, an amount equal to the rank pay was deducted from the emoluments resulting in financial loss to all affected officers. Hence all officers holding the rank of Capt to Brig as on 01-01-1986 suffered cumulative losses.

The Hon’ble Kerala High Court in a case filed by Maj AK Dhanapalan had termed illegal this deduction of rank pay. The SLP filed by the Union of India was also dismissed, albeit not on merits but on technical grounds of limitation. Soon thereafter, many similar petitions were filed in various Hon’ble High Courts all over the country which were clubbed together and transferred to the Hon’ble Supreme Court to be heard alongwith an SLP of similar nature which had arisen out of a case that was allowed on the basis of Dhanapalan judgement.

The Hon’ble Supreme Court has yesterday (08 March 2010) upheld the said verdict and granted relief to all similarly placed officers alongwith an interest of 6%. I shall officially confirm the judgement with all details once I get the copy.

Posted by Navdeep / Maj Navdeep Singh at 4:23 AM

HOUSE TAX EXEMPTION FOR ESM

2010-03-08T23:05:00.000-08:00

A querry recieved from Col Georgy Joseph is reproduced below. If anybody is aware of the order regarding extension of concession for property held by spouse of ESM please send the details to the Officer and to dowacochin@gmail.com for info of others. Thanks
-Col Nair
--------------------------------------------------------------------------------------------
On Tue, Feb 23, 2010 at 4:26 PM, georgy joseph wrote:

Dear Sirs,

We had applied to the Corporation Office in Vyttila for exemption from house tax (house is my wife's name) about a year back. My wife was told today by the concerned person that the exemption is only if the house is in the name of the ESM. He is citing a Government Order of Aug 2009- says ESM and widows are exempted from paying house tax for the house they are staying in. The house should be on the name of the ESM or widow.

I tried to explain to him that there was a subsequent clarification that the exemption is valid even if the house is in the name of the wife. He is asking for a copy of the order or clarification. I wanted to check if anyone has a copy of the relevant order or at least the number and date.

with regards, Col (retd) Georgy Joseph

Monthly Meeting

2010-02-21T17:59:00.000-08:00

The meeting scheduled for Feb 10 has been rescheduled for 07 Mar 10. Please make a note

OBITUARY

2010-02-21T17:57:00.000-08:00

With profound grief DOWA announces the demise of Mrs.Maheswari Nayar, wife of our Patron Brig RB Nayar. May her soul rest in peace.

REVISED DISABILITY PENSION

2010-01-30T19:35:00.000-08:00

Dear Friends,
Jai Hind.
Revised orders regarding Disability/War Injury Element of Pension have been issued by Government of India vide their letter dated 19th Jan 2010.
The copy of the letter and its annexure floating on the internet is not very legible. I have typed this letter and its annexure for the benefit of affected personnel.

While lot of care has been taken by me to check and recheck the contents of the version typed by me but some minor error somewhere cannot be ruled out.
I have the MS Word version of this letter now available with me. Those who need the MS Word version may kindly write to me.

Please give widest possible publicity to this letter. Kindly have it displayed at ECHS Polyclinics, CSD Canteens, Officers Clubs and Community Centres etc.

If you need any clarifications on the subject, you may kindly refer it to the IESM Pension Cell - pension@iesm.org .
I am not in a position to give any clarifications on the subject

In service of Indian Military Veterans
Chander Kamboj
-------------

No.10 (01)/D (Pen/Pol)/2009/Vol.II
Government of India
Ministry of Defence
Department of Ex-Servicemen Welfare
New Delhi
Dated 19th Jan, 2010.
To,
The Chief of the Army Staff
The Chief of the Naval Staff
The Chief of the Air Staff

Subject: Revision of Disability/War Injury Element of pension in respect of Armed Forces Officers and PBOR pensioners based on the recmmendations of Cabinet Secretary Committee Report.

Sir,
The undersigned is directed to state that the in order to considre various issues on pension of Armed Forces Pensioners, Government had set up a Committee headed by the Cabinet Secretary. The reommendations of the said Cabinet Secretary’s Committee on disability/war injury pension have been considered by the Government and the President is pleased to decide that with effect from 1.7.2009, the concept of broad bandiing of percentage of disability/war injury, as provided in Para 7.2 of this Ministry’s letter No 1(2)/97/D(Pen-C) dated 31.01.2001, shall be extended to Armed Forces Officers and PBOR who were invalided out of service prior to 1.1.1996 and are in receipt of disability/war injury pension as on 1.7.2009. Wherever, the disability being accepted as less than 20% at initial stage or subsequent stage on reassessment of disability, the same will continue to be disallowed and such cases will not be re-opened.

2. Further, the President is also pleased to decide tht the cap on war injury pension with reference to emoluments last drawn in the case of disabled pensioners belonging to categor ‘E’ of Para 4.1 of this Ministry’s above mentioned letter dated 31.1.2001, shall stand removed with effect from 1.7.2009 for Armed Forces Officers and PBOR pensioners. The provision contained in Para 8 of this Ministry’s letter No PC 1(2)97/D(Pen-C) Dated 16.5.2001, Para 10.1(b). of this Ministry letter No. 1(2)/97/D(Pen-C) dated 31.1.2001 and para 6.4 & 7.4 of this Ministry’s letter No. 16(6)/2008(2)/D(Pen/Pol) dated 5.5.2009, shall stand modified to that extent.

3. The disability/war injury element of pension in all such cases shall be recomputed accordingly under these orders by the Pension Sanctioning Authorities (PSAs) concerned for rgulating payment under this Ministry’s letter No. 16(6)/2008(1)/ D(Pen/Policy) dated 4.5.2009 and letter No. 16(6)/2008(2)/D(Pen/Policy) dated 5.5.2009. For this purpose, each affected Armed Forces pensioner who is in receipt of disability/war injury element of pension as on 1.7.2009 will submit an application in the format enclosed as Annexure to this letter to PSAs concerned for revision of disability/war injury element of pension in terms of Para 1 and 2 above, as the case may be. Further implementation instructions to all concerned will be issued by PCDA(Pensions) Allahabad immediately on reeipt of these orders.

4. Revision of war injury element of pension in respect of those who have been retired/discharged/invalidated out of service on or after 1.7.2009 under category ‘E’ and in whose case war injury pension has already been notified in terms of this Ministry’s above mentioned letter dated 5.5.2009, will be carried out suo-moto by PSAs concerned by issue of corrigendum PPOs without any application from the concerned pensioners.

5. This issues with the concurrenc of Finance Division of this Ministry vide their U.O.No. 51/Fin/Pen dated 08.01.2010.
Hindi versoin will follow.
Yours faithfully,
Sd xxx
(Harbans Singh)
Director (Pension Policy)
Encl: a/a
Copy to : - As per standard distribution list.
----------
Annexure
(Referred to Para 3 of MOD letter No 10(1)/2009/D(Pen/Policy) dated 19.1.2010)
FORM OF APPLICATION
(To be submitted IN TRIPLICATE by Armed Forces disability pensioners invalided out prior to 1.1.1996 and war injury pesnioners invalided out prior to 1.7.2009 and those released after 1.1.2008 but before 1.7.2009 and drawing disability/war injury element of pension as on 1.7.2009)
To (Pension Disbursing Authority)
.....................................
.....................................

Sub: Recomputation of disability/war injury element of pension drawing pension as on 1.7.2009
Sir,
Wit a view to recompute my disability/war injury element of pension in terms of Ministry of Defence letter No 10(1)/2009/D(Pen/Policy) dated ........ 2009, the requisite particulars are given below : -
1. Name of the pensioner
2. Rank/group and Regt No/IC No
3. Date of Enrolment/Commission
4. Date of invalidment
5. Type of pension admissible
6. PPO No/Corr.PPO No underwhich
disability/war injury element of pension
on invalidment was notified.
7. Percentage of disability for which
disability/war injury element is being
drawn as on 1.7.2009
8. Amount of existing disability/war
injury element being drawn as on 1.7.2009
9. Amount of existing service element of
disability/war injury element being drawn
as on 1.7.2009
10. Pension Disbursing Agency (Paying
bank branch with SB/Current A/c No/
Treasury/DPDO/PAO
11. Name of applicant if the application is
being made on behalf of pensioner for
Life-Time Arrears (LTA)
12. Address of the family pensioner/applicant
Date:
(Signature of Pensioner/Applicant)
..... 2

-2-
PART II
(To be completed by the PDA of the pensioner)
The particulars mentioned above are verified with reference to pension account held and forwarded to the Record Office .............................................. (full address) in the case of PBOR and PSAs concerned ............................................... (full adress) in the case of commissioned officers.
No ......
Date .....

(SIGNATURE)
Rubber stamp of Pension Disbursing Authority
PART III
(To be completed by the Record office of the pensioner)
Verified and forwarded to the PSAs concerned .................................................
(full address)
No ......
Date .....
(SIGNATURE)
Rubber stamp of Pension Disbursing Authority

Address of Pension Sanctioning Authorities:
Army, Navy & Air Force Officers
1. The Principal Controller of Defence Accounts (Pensions)
Draupdighat, Allahabad – 211014.
For such Naval and Airforce officers who retired from service on or after 1.11.1985
2. The Principal Controller of Defence Accounts (Navy)
2, Cooper Road, Mumbai – 400039.
3. Jt Controller of Defence Accounts (AF)
Subroto Park, Delhi Cantt – 110010.

DOWA Annual Day Celebration

2010-01-21T23:33:00.000-08:00

The 21st annual day of DOWA was celebrated at the Engrs Offrs Mess on 16 Jan 10. The FOCinC Admiral Susheel and the Previous VCNS Admiral Prem Suthan along with their lady wives attended the grand function.
It was a well attended and colourful event with songs and dance. The food was very good and sumptuous. Naval Jazz band and a private orchestra added colour to the function.
Before the celebrations commenced the regular monthly meeting was conducted and the baton was handed over to the new President Col NN Pillai by the outgoing President Brig VA Narayanan.
The FOC-in-C assured all help to the DOWA. Brig Narayanan welcomed the guests and Col RB Nair read out report on DOWA activity.

Publish your views and comments

2009-12-08T17:49:00.000-08:00

Dear Members
I do not find any active participation by our members in the blogspot. Please come up and air your views. There are so many issues that warrant our attention and opinion. Please make use of this forum to your maximum benefit

WHAT YOU DO FOR A LIVING

2009-11-18T20:34:00.000-08:00

Friends,
Here is a gem that I found on the Indian Veterans Group site on the Net today. It's worth reading and pondering over in the context of the scenario in our country.
Some people still don't understand why military personnel do what they do for a living.
This exchange between Senators John Glenn and Howard Metzenbaum is worth reading, in my opinion. Not only does it make a pretty impressive impromptu speech, but it's also a good example of one man's explanation of why men and women in the armed services do what they do for a living. This is a typical, though sad, example of what some who have never served, think of the military.

Senator Metzenbaum to Senator Glenn: "How can you run for Senate when you've never ever held a "real job?"

Senator Glenn: "I served 23 years in the United States Marine Corps. I served through two wars. I flew 149 missions. My plane was hit by anti-aircraft fire on 12 different occasions. I was in the Space Program. It wasn't my checkbook, Howard; it was my life on the line.
It was not a nine to five job, where I took time off to take the daily cash receipts to the bank. I ask you to go with me ...as I went the other day ... to a Veterans Hospital and look those men - with their mangled bodies - in the eye, and tell THEM they didn't hold a job!
You go with me to the Space Program at NASA and go, as I have gone, to the widows and orphans of Ed White, Gus Grissom and Roger Chaffee ... and you look those kids in the eye and tell them that their DADS didn't hold a job.
You go with me on Memorial Day and you stand in Arlington National Cemetery, where I have more friends buried than I'd like to remember, and you watch those waving flags. You stand there, and you think about this Nation, and you tell ME that those people didn't have a job?
I'll tell you, Howard Metzenbaum, you should be on your knees every day of your life thanking God that there were some men - SOME MEN - who held a REAL job. And they required a dedication to a purpose - and a love of country and a dedication to duty - that was more important than life itself. And their self-sacrifice is what made this country possible.
I HAVE held a job, Howard! --- What about you?"

Colonel ( retd) N K Balakrishnan,
" SINHGARH",Pulleppady,
Chittoor Road,Kochi-682018
Phone- ( 0484) 2380987

LITTLE KNOWN TIDBIT OF NAVY

2009-10-13T16:25:00.000-07:00

The U. S. S. Constitution (Old Ironsides), as a combat vessel, carried 48,600 gallons of fresh water for her crew of 475 officers and men. This was sufficient to last six months of sustained operations at sea. She carried no evaporators (i.e. fresh water distillers).

However, let it be noted that according to her ship's log, "On July 27, 1798, the U.S.S. Constitution sailed from Boston with a full complement of 475 officers and men, 48,600 gallons of fresh water, 7,400 cannon shot, 11,600 pounds of black powder and 79,400 gallons of rum."

Her mission: "To destroy and harass English shipping."

Making Jamaica on 6 October, she took on 826 pounds of flour and 68,300 gallons of rum.

Then she headed for the Azores , arriving there 12 November. She provisioned with 550 pounds of beef and 64,300 gallons of Portuguese wine.

On 18 November, she set sail for England . In the ensuing days she defeated five British men-of-war and captured and scuttled 12 English merchant ships, salvaging only the rum aboard each.

By 26 January, her powder and shot were exhausted. Nevertheless, although unarmed she made a night raid up the Firth of Clyde in Scotland . Her landing party captured a whisky distillery and transferred 40,000 gallons of single malt Scotch aboard by dawn. Then she headed home.

The U. S. S. Constitution arrived in Boston on 20 February 1799, with no cannon shot, no food, no powder, no rum, no wine, no whisky, and 38,600 gallons of water.

GO NAVY

-Col RP Chaturvedi

A GOOD SITE FOR REFERENCES

2009-10-13T16:16:00.000-07:00

Hi
This one is a good site for all references. Try it.
Copy and paste the link on the address bar to access.

http://www.india.gov.in/howdo/index.php

Brig PKK Menon

Maj Gen's Pension update in the SC

2009-10-01T18:07:00.000-07:00

You will recall that as a result of our filing the Contempt Case in the SC , the Govt issued the Implementation letter on 15th Jul 09 which gave laborious process of individual officers filing their returns to the CDA (O).
Now many offrs in their wisdom approached the CDA(O), finding out at various levels from the CDA to the Clerks & got various figures. Being the front man , I was flooded with mail & teles pressing the panic button. Although I was aware of the Govt playing tricks but you cannot go the SC on hearsay !
Therefore, we filed an Affidavit with SC pointing out various flaws in the Govt letter of 15 Jul 09.
The hearing took place in the SC yesterday (30th) & fortunately we got hold of PPOs on 29th in which the
DCGA(P) Ahallabad had fixed the Basic Pay as Rs 20000/- & pension of Rs 10,000/- p.me . + 10% interest etc.
Now we brought this out in the SC ( Justice Altamas Kabir Presiding) & pointing out that this pay fixation was in contravention to his orders + they had not responded to our Affidavit. He was quite surprised & asked the Govt Counsel whether it was true, who admitted that a No of PPOs had been issued & the balance are in the pipe line. However they were not able to explain the basis & logic of their calculations. Then the Judge ordered that the Govt should file an Affidavit ( we will get the copy in advance ). The next date of hearing is on 3 Nov 09 & expose their tricks.
I have gone in some length to explain the position to allay fears of the offrs concerned & to assure them that the best is being done.
KINDLY GIVE WIDE PUBLICITY TO THIS UPDATE.
With best wishes & warm regards.
Satish Suri
PS - I require only 5 PPOs each from the Naval & Airforce Offrs - ( NOT from Army )
Kindly send me readable PPOs only as soon as you receive them.
Thanks.
Gen Suri

ECHS : EMERGENCY CASES

2009-10-01T18:05:00.000-07:00

In case of an emergency, an ECHS beneficiary can directly report to an Empanelled Hospital with his ECHS Card. The hospital is responsible for issuing an emergency certificate and informing the ECHS Polyclinic regarding the emergency admission within 48 hours. Based on this, the ECHS Polyclinic then issues a formal emergency referral. The onus of this entire procedure is with the Empanelled Hospital.

Similarly in case of OPD treatment also in an Empanelled Hospital, the hospital is supposed to do the paperwork and not the ECHS member.

The ECHS beneficiary is not supposed to purchase any medicines since the same is not reimbursable as per existing policy on the subject. He is supposed to collect them from the ECHS Polyclinic based on the advise of the Empanelled Hospital.

Reimbursement of Cost of Medicines Only in Special Conditions.

(a) Reimbursement of cost of medicines is permitted only in certain special conditions if the patient is referred by the Polyclinic and medicines prescribed are required to be taken with immediate effect on discharge from the Empanelled Hospital as enumerated below :-

(i) Post operative cases of major Cardiac Surgery / Interventional Cardiology.

(ii)Oncology,

(iii) Post operative organ transplant cases.

(iv) Post operative major Neurosurgical / Neurology cases.

(b) Prescription for demand of the medicines are required to be provided to the OIC Polyclinic immediately after discharge.

(c) Cost of medicines purchased is reimbursable for a period of maximum 30 days only.

Regards,
Col Sanjay Sah
Director
Regional Centre ECHS
Delhi Cantt - 10

USEFUL GOI SITE

2009-10-01T18:03:00.000-07:00

http://www.india.gov.in/howdo/index.php

This site is really very useful; book mark....or whatever

ECHS MEDICINES ISSUE

2009-10-01T18:02:00.000-07:00

The harassment of ECHS users wrt the
> policy on Three Months issue of medicine vs one month,
> changed over recently, has caused us deep concern.
> While the 'establishment's' reasoning of
> 'ethical issues' and logistics etc is understood, it
> needs to be appreciated that in healthcare (primarily a
> service industry), aspects of 'client satisfaction and
> ease' need to be paramount. It is in this that the
> 'regimentation' system, essential in service life,
> needs to make way in the 'second innings' -veterans
> in need of an empathetic assistance for healthcare, even at
> the cost of adjusting procedures.
>
> Two illustrative cases of the immense pain and
> inconvenience to veterans, are attached herein. It needs to
> be pointed out that these refer to SENIOR officer veterans
> living in metros. One shudders to think how bad
> the situation would be for 98% veteran population
> living in isolated rural areas; particularly for semi
> literate, aging JCO/ OR veterans!!
>
> There are many others. I got a call from Col Narainan
> in Chennai, close to 90 years of age, helplessly complaining
> of how difficult it is to go 25 Km to the ECHS Polyclinic,
> to get medicine. AND spending MORE on transport than the
> cost of medicine !! If it were 90 days issue, it would
> perhaps mean cost effectiveness, AND less journeys,
> difficult to undertake at his age. To top it up, one cant
> delegate collections to even the spouse. So he and his 80
> year old wife,both chronically sick/ ill, trudge to the
> Polyclinic every month !! SAD you will agree.
>
> This case must be forcefully taken up with ECHS HQ for
> onward projection and resolution. If processes need to be
> changed, so be it. BUT Patient interests NEED to BE PARAMOUN
> T.
> A rethink on this, and reversion to the old system
> is required. Who else can an ex serviceman look to for
> support than his erstwhile comrades in arms?
> Retirement in any case, is a future reality for ALL
> current crop of serving soldiers.............and in
> attending to these issues, we can only have a win win
> situation.--
> With Warm Regards,
> Col RP Chaturvedi,
>
> Coordinator.
> IESM ECHS Division
> Mob: +919891279035

A NICE GESTURE: FWD BY COL CV SOJU

2009-10-01T17:59:00.000-07:00

Respected Veterans,

Jai Hind.

We in Bangalore have been organizing various Veterans activities & events, since 27 April 2008. Since showcasing the strength of Ex-Servicemen is important during all our events & activities, I realized that we ought to reach out to retired JCOs, NCOs & OR and request their participation in large numbers. It is with this in mind, I invited eleven JCOs, NCOs & OR to join me for lunch at my residence, on 2 Oct 2008. On 2 Oct, on arrival at my residence, the JCOs, NCOs & OR said that they felt honoured at being invited for lunch by an Officer at his residence; and said that in all their years of service, and even after their retirement, no Officer had ever called them over for lunch; and that they were indeed touched by the kind gesture on my part. That really set me thinking; and on that day, I decided that as long as I live, on 2 Oct, year after year, retired JCOs, NCOs & OR shall be invited to have lunch with me, at my residence.

2 Oct 2009 is fast approaching, and this year I plan to invite 15 retired JCOs, NCOs & OR for lunch at my place.. It goes without saying that a small gesture, such as inviting retired JCOs, NCOs & OR for lunch on 2 Oct has a very positive & salutary effect on further strengthening the bonds of brotherhood & camaraderie between Officers and JCOs, NCOs & OR, even after retirement.

In the light of above, may I request you Sirs, to please ponder over the matter; and it will indeed be GREAT, if on 2 Oct, year after year, retired Officers of the Army, Navy & Air Force from Kashmir to Kanyakumari and from Gujarat, Rajasthan & Punjab to Assam, Arunachal, Nagaland invite retired JCOs, NCOs & OR for lunch at their residence. Imagine the impact of this small gesture, once a year, on further strengthening the bonds of brotherhood & camaraderie between Officers and JCOs, NCOs & OR, all over the Country.

Regards,

Col Shaitan Singh Rajan
A Bombay Sapper
Bangalore, 9448024377

COMMUTATION OF ADDITIONAL PENSION

2009-10-01T17:57:00.000-07:00

Thursday, September 17, 2009
Very Important : Last opportunity for commutation of additional pension for defence personnel who retired between 01-01-2006 and 02-09-2008
Personnel who retired between 01 Jan 2006 and 02 Sept 2008 had availed their commutation of pension at old rates and at the old percentage. The Sixth Central Pay Commission had enhanced the percentage of commutable value to 50%. As a result, some personnel who had retired prior to the announcement of the acceptance of the 6th CPC had gone home with a commutation value at 5th CPC rates and at a lesser percentage. The Govt had then granted an option to such retirees to opt for the new rates if they so desired. Due to lack of circulation of this option, coupled with lack of knowledge of the issue, many did not exercise the same. The problem was compounded by the fact that no cut-off date or last date for exercising the option was mentioned in the letter issued by the Govt of India.

The Ministry of Defence has now decided that the said option for additional commutation may be exercised by such left out retired personnel by 10 October 2009. Those who do not exercise the option by 10-10-2009 would be deemed to have refused the additional commutation.

The entire circular of PCDA(P) on the issue alongwith the Govt letter dated 10-09-2009 on the subject can be accessed and downloaded by clicking here.

Please spread the word since there shall be no separate communication to defence personnel on the issue.

The earlier letter dated 12-11-2008 detailing the modalities of commutation after the 6th CPC can be accessed by clicking here. (Please refer to Para 9.3 of this)

The option certificates and corrigendum of the above mentioned letter dated 12-11-2008 can be accessed by clicking here.

Once again the same request : Please do not email me individual queries or doubts on calculations on the above, my profession does not allow me the luxury of such time. You are most welcome to post your queries / doubts as comments to this post. Thanks.
Posted by Navdeep / Maj Navdeep Singh at 5:01 AM 2 comments
Labels: Pay Commission, Pension, Policy and Benefits

INDIAN EX SERVICEMEN MOVEMENT ECHS DIVISION

2009-10-01T17:48:00.000-07:00

CONCEPT PAPER #1 dt 11Sep 09

Evolving our Aim/Goals to Achieve, Organizational Matrix and Work Philosophy
1.With continually rising cost of medical care and simultaneous depleting income, Healthcare is a major concern for veterans.
2.Aware of this, the Indian Ex Servicemen Movement (IESM) has established an ECHS Division to address and assist ESM Healthcare issues.
3.The Division is chartered to assist in the creation of the Finest Healthcare system for ESM.
4.Two points need to be made.
a)Finest Healthcare system is a subjective term. To measure our progress in its creation, we need to establish WHAT constitutes ‘FINEST HEALTHCARE’. Some constituents are listed in para 5 as benchmark, so we know what we are aiming at. The ECHS Division will endeavour to achieve these.
b)While ESM concentrations are identifiable in certain regions, there are areas that are not sufficiently populated with ESM, to justify setting up of ECHS polyclinics. Consequently creation of an effective Healthcare grid will need to address thin ESM habitations in isolated /remote areas.
5.Essentials of ‘The Finest Healthcare System’.
a)Clean, comfortable polyclinics with hygienic facilities for drinking water, toilets and spacious, ventilated waiting areas with adequate seating.
b)Speedy Registration.
c)Empathetic staff and Doctors. ECHS is basically a ‘Service Industry’. The ‘Comfort and Feel Good of the client (patient) comes FIRST – Always and Every time.
d)A Prioritization system for patients in distress/ Senior Veterans and those needing urgent attention.
e)Quick consultation with Doctor and issue of medicine.
f)Expeditious procurement of NA medicines. Intimation to patient about availability.
g)Issued medicines to have sufficient residual shelf life.
h)Simplification of processes to ensure patient is not harassed / made to run around for referrals, approvals etc.
i)Simple processes to ensure empanelled hospitals and not the patient , run around to get approvals/ intimations etc. Polyclinic to be the Single window for all the patient’s requirements.
j)Speedy processing and clearing of hospital bills.
k)Speedy processing and clearance of patient reimbursements.
l)Monitoring and Performance Audit of Empanelled Hospitals.
m)A support system to render advice including legal, to ‘wronged’ veterans to file consumer complaints in case of default/ deficiency in services at any level of the medical chain.
6.In case of any dispute/doubt on what is to be done, the Patients’ convenience and comfort must be the supreme, overriding, deciding factor ALWAYS AND EVERYTIME.
7.Organization of ECHS Division. Ensuring the desired constituents discussed above, necessitates presence of ECHS Division representatives at every level of ECHS HQ/ Polyclinics. . (For Organization of ECHS refer to ECHS Information Brochure 2008 OR visit ECHS website http://www.indianarmy.gov.in/echs/arechs.htm ). The following organization is therefore planned.
a)IESM ECHS Division HQ at Delhi, forming part of the IESM Core Group. Comprises of
Air Marshal Kuldeep Rai, AVSM Kulusha1112@gmail.com 9818601740
Rear Admiral George Kuruvilla, VSM georgekuruvila@gmail.com 9447508936
Brigadier Sateesh Kuthiala Kuthiala27@hotmail.com 9811660251
Colonel RP Chaturvedi rpchaturvedi@gmail.com 9891279035
Hony Lt Kameshwar Pandey pandeykameshwar@gmail.com 9811059825

b)Region Liaison Cells collocated with ECHS Region Centres. Presently 13. 15 more are on the anvil. List of Region/ Polyclinic Liaison Cell members is attached as Annexure 1. Only stations highlighted in Yellow have been represented so far, based on available volunteers.
Jammu (J&K, HP, Punjab) Jaipur (Rajasthan, Haryana, Punjab)
Chandimandir ( Punjab, HP) Lucknow ( Uttaranchal, UP)
New Delhi (NCR, Haryana) Jabalpur ( MP, Chhatisgarh, UP)
Pune (Goa, M’rashtra, Guj, MP, UP, Patna (Bihar, Jharkand, Orissa)
Chennai (Tamil Nadu, A&N) Kolkata ( West Bengal, Sikkim)
Kochi ( Kerala, Lakshdweep) Guwahati (Assam , NE states)
Hyderabad ( AP, Karnataka)

c)Polyclinic Liaison Cells collocated with ECHS Polyclinics. ECHS Brochure/ website refers.
d)Volunteers at Polyclinics.
8.Working Philosophy. The ECHS Division is basically a ‘User Interface’. It works on the premise that the ECHS organization is as keen to improve functioning as any other professional organization, which indeed the Defence services are. Its approach consequently would be based on close interaction with both, the ESM, as users, and the ECHS as the provider of health services. It is vital therefore that ECHS Division members exercise high grade diplomacy and cordiality in ensuring anticipated changes rather than assume a role of ‘auditors/ inspectors/ nambardaars/ union leaders’ which WILL be counterproductive. We want improvements and have little place for crass, undisciplined and rude behaviour/showdowns. Our role has to be participative and constructive. Diplomacy and finesse’ is called for. We therefore need volunteers with a cool, balanced temperament.
9.Duties.
a)ECHS Division HQ.
i)Will maintain CLOSE contact with both, the Region Liaison Cell and ECHS HQ, to provide an apex ‘bridge’ between the user and provider.
ii)Will identically interact with other Governmental bodies/ organizations in pursuit of an effective healthcare system for ESM.
iii)Will evolve necessary plans, presentations and instructions to guide the ECHS Division efforts.
b)Region Liaison Cell.
i)Will identify and recommend to ECHS Division, volunteer veteran (Officers, JCO and OR (and equivalents in Navy and Air Force)) to be nominated as members of Region and Polyclinic Liaison Cells.
ii)Will remain in close touch with the ECHS Region Centre and the Polyclinic Liaison Cells, and assist in resolution of ESM Healthcare problems in consultation with the two.
iii)Will keep IESM ECHS Div HQ apprised of problems not resolved with Region Centre.
iv) Will liaise with local Station HQ informally to expedite any issue affecting ESM healthcare.
v)In case of any veteran being admitted / evacuated to their geographic area, visit and seek a feed back.
vi)Assist in any consumer court/ legal issue with service provider.
c)Polyclinic Liaison Cell.
i)Will maintain regular and cordial contact with the ECHS OC, staff and IMPORTANTLY, the users- patients. Will act as bridge between the two, to ensure patient care and problems are expeditiously attended to.
ii)Feedback and assistance of Region Liaison Cell will be sought in case resolution locally is not possible/ working out.
iii)Will identify volunteers who wish to help out in making ESM care comfortable. While details will need to be worked out locally, the following duties may be possible.
•Assisting with Reception/ Registration, particularly when ECHS staff may be on leave etc.
•Guiding / explaining to patients, issues related to prescriptions, latest instructions, administrative problems etc.
•Prioritizing of patients who may be in need of urgent attention.
•Assisting out with administration in liaison with RWAs.
•Helping / escorting the elderly if required.
•Visit / seek feedback on efficacy of treatment at empanelled hospitals.
10.Monitoring. A Monthly Report from RLC to Div HQ, on E Mail, will indicate:
a)Satisfaction levels at polyclinics, deficiencies of medicines, amenities etc.
b)Cases to which ‘neglect’ can be ascribed.
c)Details of NA medicines including period for which NA.
d)Any QC issues.
e)Any misuse cases.
11.Conclusion. Even God is said to help those who help themselves. Our philosophy to organize the Finest Healthcare for ESM revolves around this. While interactive confabulations WILL continue with ECHS staff/ HQ at all levels, we perceive that the REAL difference to OUR healthcare would emerge from a participative involvement.

LITTLE KNOWN TIDBIT OF NAVAL HISTORY...

2009-09-17T05:21:00.000-07:00

Fwd By Col RP Chaturvedi

The U. S. S. Constitution (Old Ironsides), as a combat vessel, carried 48,600 gallons of fresh water for her crew of 475 officers and men. This was sufficient to last six months of sustained operations at sea. She carried no evaporators (i.e. fresh water distillers).

However, let it be noted that according to her ship's log, "On July 27, 1798, the U.S.S. Constitution sailed from Boston with a full complement of 475 officers and men, 48,600 gallons of fresh water, 7,400 cannon shot, 11,600 pounds of black powder and 79,400 gallons of rum."

Her mission: "To destroy and harass English shipping."

Making Jamaica on 6 October, she took on 826 pounds of flour and 68,300 gallons of rum.

Then she headed for the Azores , arriving there 12 November. She provisioned with 550 pounds of beef and 64,300 gallons of Portuguese wine.

On 18 November, she set sail for England . In the ensuing days she defeated five British men-of-war and captured and scuttled 12 English merchant ships, salvaging only the rum aboard each.

By 26 January, her powder and shot were exhausted. Nevertheless, although unarmed she made a night raid up the Firth of Clyde in Scotland . Her landing party captured a whisky distillery and transferred 40,000 gallons of single malt Scotch aboard by dawn. Then she headed home.

The U. S. S. Constitution arrived in Boston on 20 February 1799, with no cannon shot, no food, no powder, no rum, no wine, no whisky, and 38,600 gallons of water.

INTERESTING VIEWS

2009-09-17T04:59:00.000-07:00

Fwd by Col Rakesh Prasad Chaturvedi

Mail From Col Siddhartha Bose,
Sir,
I greatly appreciate the way you have communicated the
subtle issues related to the apathy shown towards Veterans
by the government. You have given a befitting reply but
I wonder what effect will it have on these hard-shelled
Politicians.As on date, the Para military
is more on their agenda than the Armed Forces. I just
happened to visit some areas of Uttranchal. Despite the
support to ESM given by the Khanduri Government, they
performed miserably because of reasons known to all. I also
happened to visit the recently developed SSB and CRPF
locations in the State. They seem to be better off
financially and the state of living is better than the
Regular Army who are there for ages in dilapidated
condition.

If you see the general state of empathy, a war widow
gets less financial and administrative support by the
Government than a case of Road accident of a drunken idiot.
The recent case of a SP being killed in an ambush by
Naxalites in Rajnandgaon ( CG ) is an eyeopener. The family
has got nearly Rs 70 lakhs in kind and cash besides full
PAY ( not pension ) for the period of his balance
service. Further, a job has been offered, a house has been
allotted and all amenities has been provided. The way he
conducted the operations would have attracted a court
martial offence in the Army as he was solely responsible for
the massacre of all Police men who died while approaching
the site.

I would like to cite a case of Late Maj S P Dutta, AMC who
died in UNISOM ( Somalia ).
His father was an employee of MP AG ( which included CG too)
The family is settled in Raipur since past 30 years. The
officer did his medical from Raipur Govt Medical College.
His widow has lost her mental balance after the demise of
the Husband and only child which happened nearly
simultaneously and is undergoing treatment at various places
in the country. The Widowed mother of the Late Officer is
mostly staying alone here in misery as the Daughter-in -law
is in a bad state herself and being treated elsewhere.
I tried to take up the case but the Government
relented. Moreover, the Department of Sainik Kalyan too
supported that the widow and widowed mother of the officer
deserves no grant and even the DGR supported that. We all
live for ourselves and have no love lost for our brother
veteran. This is a sorry state.
I would like veterans to ponder as to where do we
go from here. We just cannot keep cursing the Politicians
and the Parties. We have to take some concrete steps. If
Politicians and the Parties have no love lost, why should we
have any love for them. Let us create our own Party and
Politicians from within. Whether it is Praveen Davar ( who
happens to be my course mate ) or BC Khanduri or to say
Jaswant Singh; from the core of their heart, they are all
Soldiers First and they have the Motto ' Nation First
' before them.
There are many more amongst us who would like to
join the fray but are not getting a right launch pad.
Veterans like you should take on the mantle and lets
have some representation in the Centre and State Assemblies
by 2014.
On the direction of Core Committee of IESM and also
on the request of Sh Brij Mohan Agarwal ( a senior minister
of CG ) , I accompanied him and canvassed for Rajnath Singh
at Ghaziabad. The complete activity was in the hands of CG
Ministers and I basically looked into the ESM and Servicemen
votes. Rajnath was a new face and was up against all odds
but he won only because of ESM votes.

What I wish to convey is that if we all think commonly
and work in a common direction, Veterans will surely have
their say in the Parliament by next elections. We only
have to communicate that Veterans have come together and now
are on warpath. Even if some of us decide to support another
party and are benefited because of loyalty , still the
veterans overall will gain. Lot many Veterans are active in
Fourth Estate who can support our cause. If all moves
towards right direction, many Veterans ( financially sound )
may come forward to render financial support.
Jai Hind
Col Siddhartha Bose
CG State Convener IESM
C-2 Tagore Nagar
Raipur ( CG ) 492001
Mob : +91 9993032720
Tele : 0771 4263030

IESM REGION/POLYCLINIC CELL

2009-09-17T04:54:00.000-07:00

The names of Region/ Polyclinic Liaison Cells (RLC AND PLC)
members have been separately forwarded to the MD ECHS for
formal dissemination under his authorization. You are
requested to await confirmation on this, before proceeding
with any liaison with ECHS functionaries. This will be
confirmed by ECHS Div HQ soon.

Of the many volunteers who offered their services for
this noble venture, most have been adjusted in one of
the Liaison Cells. We are still a long way from full
representation in ALL Regions, and expect more veterans to
step forward to assist the venture. RLC and PLC heads may
please immediately start locating and forwarding to ECHS Div
HQ, names of volunteer veteran Officers, JCOs and OR (and
Equivalents in Navy and Air Force), to give us 2-3 members
for manning each RLC and PLC.

While presently our communications will continue on
personal e mail ids, we will shortly switch to institutional
mail ids /groups.
In the interim, you are requested to Prefix ECHS Div
in the subject line, to facilitate filing/ creating
folders.
Coordination guidelines would follow soon.
Report My Signal is requested to disseminate this,
with request that queries / suggestions may please be
addressed to the Region/ Polyclinic Liaison Cells (where
existing) - Annexure 1 of Concept Paper refers.

With Warm Regards,
Col RP Chaturvedi,
A-35, Sector 36,
Noida 201303.
Mob: +919891279035
-------------------------------------------------------------------------------
INDIAN EX SERVICEMEN MOVEMENT ECHS DIVISION CONCEPT PAPER 11Sep 09
Evolving our Aim/Goals to Achieve, Organizational Matrix and Work Philosophy
1.With continually rising cost of medical care and simultaneous depleting income, Healthcare is a major concern for veterans.
2.Aware of this, the Indian Ex Servicemen Movement (IESM) has established an ECHS Division to address and assist ESM Healthcare issues.
3.The Division is chartered to assist in the creation of the Finest Healthcare system for ESM.
4.Two points need to be made.
a)Finest Healthcare system is a subjective term. To measure our progress in its creation, we need to establish WHAT constitutes ‘FINEST HEALTHCARE’. Some constituents are listed in para 5 as benchmark, so we know what we are aiming at. The ECHS Division will endeavour to achieve these.
b)While ESM concentrations are identifiable in certain regions, there are areas that are not sufficiently populated with ESM, to justify setting up of ECHS polyclinics. Consequently creation of an effective Healthcare grid will need to address thin ESM habitations in isolated /remote areas.
5.Essentials of ‘The Finest Healthcare System’.
a)Clean, comfortable polyclinics with hygienic facilities for drinking water, toilets and spacious, ventilated waiting areas with adequate seating.
b)Speedy Registration.
c)Empathetic staff and Doctors. ECHS is basically a ‘Service Industry’. The ‘Comfort and Feel Good of the client (patient) comes FIRST – Always and Every time.
d)A Prioritization system for patients in distress/ Senior Veterans and those needing urgent attention.
e)Quick consultation with Doctor and issue of medicine.
f)Expeditious procurement of NA medicines. Intimation to patient about availability.
g)Issued medicines to have sufficient residual shelf life.
h)Simplification of processes to ensure patient is not harassed / made to run around for referrals, approvals etc.
i)Simple processes to ensure empanelled hospitals and not the patient , run around to get approvals/ intimations etc. Polyclinic to be the Single window for all the patient’s requirements.
j)Speedy processing and clearing of hospital bills.
k)Speedy processing and clearance of patient reimbursements.
l)Monitoring and Performance Audit of Empanelled Hospitals.
m)A support system to render advice including legal, to ‘wronged’ veterans to file consumer complaints in case of default/ deficiency in services at any level of the medical chain.
6.In case of any dispute/doubt on what is to be done, the Patients’ convenience and comfort must be the supreme, overriding, deciding factor ALWAYS AND EVERYTIME.
7.Organization of ECHS Division. Ensuring the desired constituents discussed above, necessitates presence of ECHS Division representatives at every level of ECHS HQ/ Polyclinics. . (For Organization of ECHS refer to ECHS Information Brochure 2008 OR visit ECHS website http://www.indianarmy.gov.in/echs/arechs.htm ). The following organization is therefore planned.
a)IESM ECHS Division HQ at Delhi, forming part of the IESM Core Group. Comprises of

Air Marshal Kuldeep Rai, AVSM Kulusha1112@gmail.com 9818601740
Rear Admiral George Kuruvilla, VSM georgekuruvila@gmail.com 9447508936
Brigadier Sateesh Kuthiala Kuthiala27@hotmail.com 9811660251
Colonel RP Chaturvedi rpchaturvedi@gmail.com 9891279035
Hony Lt Kameshwar Pandey pandeykameshwar@gmail.com 9811059825

b)Region Liaison Cells collocated with ECHS Region Centres. Presently 13. 15 more are on the anvil. List of Region/ Polyclinic Liaison Cell members is attached as Annexure 1. Only stations highlighted in Yellow have been represented so far, based on available volunteers.
Jammu (J&K, HP, Punjab) Jaipur (Rajasthan, Haryana, Punjab)
Chandimandir ( Punjab, HP) Lucknow ( Uttaranchal, UP)
New Delhi(NCR, Haryana) Jabalpur ( MP, Chhatisgarh, UP)
Pune (Goa, M’rashtra, Guj, ) Patna (Bihar, Jharkand, Orissa)
Chennai (Tamil Nadu, A&N) Kolkata ( West Bengal, Sikkim)
Kochi( Kerala, Lakshdweep)Guwahati (Assam , NE states)
Hyderabad ( AP, Karnataka)

c)Polyclinic Liaison Cells collocated with ECHS Polyclinics. ECHS Brochure/ website refers.
d)Volunteers at Polyclinics.
8.Working Philosophy. The ECHS Division is basically a ‘User Interface’. It works on the premise that the ECHS organization is as keen to improve functioning as any other professional organization, which indeed the Defence services are. Its approach consequently would be based on close interaction with both, the ESM, as users, and the ECHS as the provider of health services. It is vital therefore that ECHS Division members exercise high grade diplomacy and cordiality in ensuring anticipated changes rather than assume a role of ‘auditors/ inspectors/ nambardaars/ union leaders’ which WILL be counterproductive. We want improvements and have little place for crass, undisciplined and rude behaviour/showdowns. Our role has to be participative and constructive. Diplomacy and finesse’ is called for. We therefore need volunteers with a cool, balanced temperament.
9.Duties.
a)ECHS Division HQ.
i)Will maintain CLOSE contact with both, the Region Liaison Cell and ECHS HQ, to provide an apex ‘bridge’ between the user and provider.
ii Will identically interact with other Governmental bodies/ organizations in pursuit of an effective healthcare system for ESM.
iii)Will evolve necessary plans, presentations and instructions to guide the ECHS Division efforts.

b)Region Liaison Cell.
i)Will identify and recommend to ECHS Division, volunteer veteran (Officers, JCO and OR (and equivalents in Navy and Air Force)) to be nominated as members of Region and Polyclinic Liaison Cells.
ii)Will remain in close touch with the ECHS Region Centre and the Polyclinic Liaison Cells, and assist in resolution of ESM Healthcare problems in consultation with the two.
iii)Will keep IESM ECHS Div HQ apprised of problems not resolved with Region Centre.
iv)Will liaise with local Station HQ informally to expedite any issue affecting ESM healthcare.
v)In case of any veteran being admitted / evacuated to their geographic area, visit and seek a feed back.
viAssist in any consumer court/ legal issue with service provider.
c)Polyclinic Liaison Cell.
i)Will maintain regular and cordial contact with the ECHS OC, staff and IMPORTANTLY, the users- patients. Will act as bridge between the two, to ensure patient care and problems are expeditiously attended to.
ii)Feedback and assistance of Region Liaison Cell will be sought in case resolution locally is not possible/ working out.
iii) Will identify volunteers who wish to help out in making ESM care comfortable. While details will need to be worked out locally, the following duties may be possible.
•Assisting with Reception/ Registration, particularly when ECHS staff may be on leave etc.
•Guiding / explaining to patients, issues related to prescriptions, latest instructions, administrative problems etc.
•Prioritizing of patients who may be in need of urgent attention.
•Assisting out with administration in liaison with RWAs.
•Helping / escorting the elderly if required.
•Visit / seek feedback on efficacy of treatment at empanelled hospitals.

10.Monitoring. A Monthly Report from RLC to Div HQ, on E Mail, will indicate:
a)Satisfaction levels at polyclinics, deficiencies of medicines, amenities etc.
b)Cases to which ‘neglect’ can be ascribed.
c)Details of NA medicines including period for which NA.
d)Any QC issues.
e)Any misuse cases.
11.Conclusion. Even God is said to help those who help themselves. Our philosophy to organize the Finest Healthcare for ESM revolves around this. While interactive confabulations WILL continue with ECHS staff/ HQ at all levels, we perceive that the REAL difference to OUR healthcare would emerge from a participative involvement.
-----------------------------------------------------------------------------
Annexure 1 (Refers to Para 7b of Concept Paper #1 )

IESM ECHS DIVISION MEMBERS OF REGION LIAISON CELLS AND POLYCLINIC LIAISON CELLS
(Updated to 11 Sep 2009)

Region Rank Name Contact No Contact No 2&E Mail ID
Chandigarh Brig Opinder Singh 9914709980 fortglobal.okay@gmail.com

Chandigarh Col Ravi Bedi 9417068048 0172-2747329, nda32 nda32ravibedi@yahoo.co.in
Chennai Gp Capt KS Raghavchari, VM ks.raghavchari@gmail.com

Cochin Col RB Nair 9447760944 colnair@yahoo.com

Delhi Brig Abhay Bhargava 9871357775 011-41636610
brigabhay@gmail.com

Delhi Wg Cdr Raman Sopory 9958133173 raman@sopory.com

Jabalpur Brig BS Mehta 9993093152 brig_bsm@yahoo.com

Pune Lt Col VD Patil 9923701885 020-64002493
bscd123@yahoo.com

Secunderabad Wg Cdr AB Bhushan 9848048651 040-27805146
avulab@hotmail.com

Polyclinic
Chandigarh Col Rajesh Dua 9915600505 0172-2794659 rajeshdua@yahoo.com

Chandigarh Brig Saranjit Sahney sahneyss@gmail.com

Cochin Lt Col MS Yohannan 9446129175 yohannans@rediffmail.com

Cochin Lt Col Mary Yohannan 0484-2536081 yohannans@rediffmail.com

Palakkad Sqn Ldr M Rajan* rajanmechery232@gmail.com

Kunnur Col NR Kurup 9847128960 colnkurup@gmail.com

Dehradun Lt Col Pradeep Goyal colpgoyal@gmail.com

Delhi Lt Col RS Tripathi 9311152224 tripathi_54@yahoo.com

Gurgaon Brig DK Uberoy 9810171917 duberoy@gmail.com

Noida Brig CM Harnal 9911263870 0120-2950302
cmharnal@yahoo.co.in

Noida Lt Col DK Sharma 9818439699

Una, HP Lt Col Rajinder Singh 9418109228 charansingh31@yahoo.co.in

ISSUES THAT KEEP US PRE_OCCUPIED

2009-09-17T04:10:00.000-07:00

A very different...and an interesting take on the issues,
that keep us pre-occupied these days.

Whether Jinnah was secular or not makes no difference. They
were both mere mortals. Their feet were carved out of clay
and hands were made of straw. Who caused partition of the
country is also immaterial. Our wars with our neighbor are
a part of the Celestial design. ‘India’ and ‘Pakistan’ are
two measly words on the map of Asia and Kashmir is just an
excuse. If it was not the Muslim majority valley, we would
have fought over the river waters or shipping rights in the
Arabian Sea. Or, maybe, we could both claim the Kohinoor kept
in safe custody by the British and battled over its possession.
So wise a thinker as Chanakya observed,

“The neighbor is your natural enemy, and his neighbor is
your natural ally”

Thus it is that France fights with Germany; Japan with China;
Iran with Iraq and Israel fights with everyone around her borders.
And so, if there was no Pakistan, we could be fighting with the
militant tribes of Afghanistan. And, of course, nations like the
USA would keep the passions aroused so that they can continue
to supply military hardware to both the belligerents. Has it ever
occurred to you that the US economy would suffer a crippling blow
if all warring nations resolved their problems and declared truce?
And of course, the likes of me who have eked a living out armed
conflicts would neither get pay nor pension!

Now, since the above generalization is a rule, it must also
have an exception. (Or else, William Shakespeare would be turning
in his grave!) In this case we have several exceptions. The USA and
Canada have never fought. The land-locked Switzerland is surrounded
by three countries and was yet able to remain peaceful when all of
Europe was on fire. I think Ghalib was able to put forward a more
comprehensive generalization, when he said,
“Bazeecha-e-atfaal
"Hai duniya mere agey Hota hai shab-o-sahar tamaasha mere
agey”.
What I find in front of me is a children’s play field From dawn to
dusk I see a ‘tamaasha’ (a poorly enacted drama)
All these ‘strategic studies’ and ‘military analyses’ which the
retired soldiers indulge in so assiduously are sheer ploys to keep
themselves occupied. Conflict is inherent to human nature.
The unfortunate ones who are unable to pick up a societal issue
turn inwards, and pick upon their hapless spouse for battle.

The shortest and the most profound piece which I ever read on
domestic disharmony was composed by Ogden Nash.
He wrote,
WHICH THE CHICKEN WHICH THE EGG?
He drinks because she scolds, he thinks
She thinks, she scolds because he drinks
And neither will admit what is true
That he is a sot and she is a shrew.

Colonel ( retd) N K Balakrishnan,
" SINHGARH",Pulleppady,
Chittoor Road,Kochi-682018
Phone- ( 0484) 2380987

LAST CHANCE FOR COMMUTATION OF PENSION

2009-09-17T04:03:00.000-07:00

Fwd by Lt Col Matthew Chandy, DOWA Member

Last opportunity for commutation of additional pension for defence personnel who retired between 01-01-2006 and 02-09-2008
Personnel who retired between 01 Jan 2006 and 02 Sept 2008 had availed their commutation of pension at old rates and at the old percentage. The Sixth Central Pay Commission had enhanced the percentage of commutable value to 50%. As a result, some personnel who had retired prior to the announcement of the acceptance of the 6th CPC had gone home with a commutation value at 5th CPC rates and at a lesser percentage. The Govt had then granted an option to such retirees to opt for the new rates if they so desired. Due to lack of circulation of this option, coupled with lack of knowledge of the issue, many did not exercise the same. The problem was compounded by the fact that no cut-off date or last date for exercising the option was mentioned in the letter issued by the Govt of India.

The Ministry of Defence has now decided that the said option for additional commutation may be exercised by such left out retired personnel by 10 October 2009. Those who do not exercise the option by 10-10-2009 would be deemed to have refused the additional commutation.

The entire circular of PCDA(P) on the issue alongwith the Govt letter dated 10-09-2009 on the subject can be accessed from www.pcdaallahabd.org

POINT TO PONDER

2009-09-17T03:48:00.000-07:00

Appeal by Col SS Rajan, Bangalore, fwd by Col CV Soju, DOWA member

We in Bangalore have been organizing various Veterans activities & events,
since 27 April 2008. Since showcasing the strength of Ex-Servicemen is important during all our events & activities, I realized that we ought to reach out to retired JCOs, NCOs & OR and request their participation in large numbers. It is with this in mind, I invited eleven JCOs, NCOs & OR to join me for lunch at my residence, on 2 Oct 2008. On 2 Oct, on arrival at my residence, the JCOs, NCOs & OR said that they felt honoured at being invited for lunch by an Officer at his residence; and said that in all their years of service, and even after their retirement, no Officer had ever called them over for lunch; and that they were indeed touched by the kind gesture on my part. That really set me thinking; and on that day, I decided that as long as I live, on 2 Oct, year after year, retired JCOs, NCOs & OR shall be invited to have lunch with me, at my residence.

02 Oct 2009 is fast approaching, and this year I plan to invite 15 retired JCOs, NCOs & OR for lunch at my place.. It goes without saying that a small gesture, such as inviting retired JCOs, NCOs & OR for lunch on 2 Oct has a very positive & salutary effect on further strengthening the bonds of brotherhood & camaraderie between Officers and JCOs, NCOs & OR, even after retirement.

In the light of above, may I request you Sirs, to please ponder over the matter; and it will indeed be GREAT, if on 2 Oct, year after year, retired Officers of the Army, Navy & Air Force from Kashmir to Kanyakumari and from Gujarat, Rajasthan & Punjab to Assam, Arunachal, Nagaland invite retired JCOs, NCOs & OR for lunch at their residence. Imagine the impact of this small gesture, once a year, on further strengthening the bonds of brotherhood & camaraderie between Officers and JCOs, NCOs & OR, all over the Country.

Regards,

Col Shaitan Singh Rajan
A Bombay Sapper
Bangalore, 9448024377

HOW CAN I ?

2009-09-13T07:02:00.000-07:00

A good site for references. Forwarded by Brig (Retd) PKK Menon. Copy and paste the link on the address bar to access.

http://www.india.gov.in/howdo/index.php

Col Nair

REMINISCENCE OF ONAM 2008

2009-09-11T06:30:00.000-07:00

DOWA will be celebrating the Onam 2009 on 27 Sep. Here are some photos of Onam 2008. Please copy and paste the link below on the address bar to view the album. When Picasa site opens click on view album on the right hand side

http://picasa.google.com/

OROP DENIED

2009-08-25T07:47:00.000-07:00

Ex Servicemen get a short shrift again

Inclusion of ‘one rank one pension’ in the Hon’ble President’s speech to the joint session of the Parliament on 4th June 2009 had rightly raised expectations. This is the first in the last twenty-five years this demand has received this kind of attention..

The government’s high powered committee to re-examine the issue was already in session. This committee (CabSec) headed by the Cabinet Secretary had six other top bureaucrats of the country – Secretaries of Home, Defence, Expenditure, Pensions & PW, DOPT and Ex-Servicemen Welfare. It was expected that the CabSec would come up with a fresh approach. Did the CabSec fulfil those expectations? The analysis of their 21-page report follows.

The CabSec refers to reports of various earlier committees and Groups of Ministers (GOM) that examined the issue in the past. Somehow, it only quotes from reports that did not favour grant of OROP. For example, the Parliamentary Committee report headed by Madan Lal Khurana had made a forceful case for OROP, going to the extent of saying that even if there was no precedent, it must be created now. This finds no mention in the CabSec report.

The CabSec has also quoted the SC judgment on a petition filed as a sequel to the decision of the SC in DS Nakara and Ors Vs Union of India.. This has been cited to support CabSec contention against grant of OROP. However, they have made no mention of the recent 8.9.2008 SC judgement in Vains Vs Union of India case dealing with pensions of pre-1996 Maj Generals; it is suggestive of grant of OROP.

The CabSec quotes from the advice of the Law Ministry to the GOM in 2005. “The pensioners as a group consist of persons with different number of years of service and different average pay during the relevant period. If all of them are treated alike by providing same pension while ignoring their respective variations in length of service and average pay, that may amount to treating unequals as equals.” When we consider that the demand of OROP is based on seeking equation among pensioners of same rank and with same length of service this legal opinion becomes irrelevant. This advice might have been rendered in a contextually different situation.

The CabSec refers to a DO of 13 Mar 2009 from the Defence Minister to the Finance Minister on the subject of OROP, “While acceptance of the demand for grant of ‘One Rank One Pension’ is not feasible administratively...” The Defence Secretary who would have approved the draft of this DO was also sitting on the ibid CabSec. So much for unbiased opinion and impartiality on a subject crucially important to the two million Ex-Servicemen!

The CabSec further states that “Grant of OROP cannot be implemented for Ex Servicemen alone and demand for similar dispensation for civilian pensioners would also arise. This dispensation would then have to be extended to pensioners in autonomous bodies, Central and State Universities and Colleges and in all other institutions where the pension scheme is applicable. The financial implications for such a dispensation would then be substantial.” Taking cue from the aforesaid Law Ministry advice, the CabSec could have – and should have – also highlighted the stark differences in service conditions of military personnel vis-a-vis other government employees, and that the ‘unequals’ should not be treated as equals. But they did not, and surely not because of an oversight.. The fiscal stick is the usual weapon for bureaucrats to beat the politicians with and is so much déjà vu. They inflate the scope of demand to an extent where its rejection is the only option left. Without doubt the same argument would have been used many times in the past, including when the free rations for officers were introduced in 1983. Luckily for the defence forces the then PM Indira Gandhi had the sagacity and strength to overrule the objections.

The Ex Servicemen are very much conscious that finances are a problem.. They are agreeable to the expenditure on OROP being spread over more than one financial year if so required; they are more interested in having OROP accepted as a principle. With the allocation of money being made routinely for so many other schemes, the Ex Servicemen get an uneasy feeling that they do not figure anywhere on the list of government priorities.

Having (selectively) cited past findings and recommendations the CabSec then states, “In view of the factors mentioned above, it is not considered feasible to grant ‘One Rank One Pension’ for the following reasons: ....”

These reasons have been listed as:

1. Various committees have considered in the past and found no justification for OROP.
2. Successive pay commissions have not recommended it.
3. Acceptance of the OROP principle has substantial financial implications (8000 to 9000 Cr per annum).
4. Revision of pay scales at times accompanied with revision of educational qualifications/restructuring of cadres/duties attached to the post, the benefit of which need not be passed on to the past pensioners. (Not a new point; it is picked up from the V Pay Commission report).
5. The 1991 SC judgment found the OROP claim untenable.
6. Ministry of Law also opined that the same pension for the same rank is not an acceptable proposition.
7. The GOM in 2005-06 also did not recommend OROP.

The above ‘following reasons’ are a mere summation of seven past selectively chosen reports/recommendations that the CabSec had already cited earlier in their report. Supporting the status quo is always the easiest course, requiring no application of mind. In the instant case it is rather sad. The government had constituted this high powered body and it was expected that with their long experience and breadth of vision they would examine the problem de novo and inject some fresh ideas. Instead, they merely produced a summary of past findings and used it as the basis for their recommendations. This could have been done even by the secretarial staff, with the Secretaries merely pinning their signatures. The report does little to dispel the nagging suspicion that the constitution of the committee, and the statements of two Hon’ble Cabinet Ministers in the Parliament conveying an impression that OROP had been granted, was a mere diversionary exercise, sans sincerity.

The pensions of past (pre-1.1.2006) retirees will surely get enhanced. The exact quantum of increase will be known only after the government orders are issued. However, they would not come at par with the post-1.1.2006 retirees. OROP has been denied.

- Article to be published in Hindi in "Hari Bhoomi" by Lt Gen Raj Kadyan (retd) , Chairman IESM, Fwd by Col(Retd) NK Balakrishnan 10 Aug 09.

ON INDEPENDENCE DAY

2009-08-25T07:18:00.000-07:00

My grandfather was a Colonel in the Army and his three sons joined him there. My earliest memory is how alive the house seemed with all these four 6 footers together. Larger than life with fierce moustaches of all types…my nana amd mamas were my earliest heroes. I extended this same unconditional love to the Armed Forces. The olive greens, the black boots lined up in a military row, gleaming like only a soldier’s boots can, the dress uniforms with the polished gold bottons, the solitary camp cot whose narrow confines held all of us wriggling in it like puppies, the white enamel mugs which seemed to hold the very essence of this glamorous life….I think I loved all of it with a white hot intensity.

My father was also in the Forces…I saw another aspect of the Forces with him…fearless warriors patrolling the very skies….I grew up on campuses and I did not know what fear meant. We were the military kids and we were the protectors. I remember being puzzled when adults questioned me “who are you?’…I actually replied that I was an Indian.

I got married outside the forces and saw a different side of life…but my love affair with the Forces never came to a halt. I have seen life come a full circle…when I was really young, the finest of the fine entered our Armed Forces. It was a matter of pride and honour to serve one’s country. And those who joined here could be spotted a mile off…they never tolerated any injustice , they were truly fearless…I had one mama who must have been in his late forties, who while escorting me beat up a guy who said something very nasty to me and who had made the mistake of thinking that I was traveling alone! The way my mama thrashed him with just his bare hands was a sight to behold. The predator turned prey did not have breath in his body to beg for mercy! Contrast that to the hordes who pass by when a woman is being molested and choose to keep mum! I have countless such stories…my nana aged but he still remained a lion. When one walked with him, one could sense the aura of powerful protection he exuded!

Then I saw how people began avoiding a career in the Forces. To become a soldier was now associated with foolishness…keeping pace with the marching materialism, fighting for one’s country was equated with outdated notions of idealism. What place does idealism have in our lives today? What do we teach our kids…do we teach them at winning is what counts or do we teach them that losing gracefully too is an art? Money is the biggest motivator for us today…money and the soldier are opposing forces. A Soldier cannot be money minded! A business man is money oriented, so is a trader, so is a householder! A soldier protects and defends…he fights. No more and no less!

And what do we give him in return? I ask you this question…how do we repay a man who takes up arms in our defence? How can we repay them? These questions are so relevant today because we see it for ourselves that our systems are collapsing but our Armed Forces still stand tall.

Give a soldier his due. He asks for nothing so should we take him so much for granted? While rescuing frightened people during the Mumbai attacks in November, a soldier told them “Do not fear! To get at you, they will have to get me first,”….just one line but what a world of meaning!

If we all did our duty as bravely and unflinchingly as the soldier, we would be in a far happier position today. For to live life with honour is still one of the finest tenets to follow!

-Prem Nath Bhaskaran
Tuesday, 18 August, 2009, 12:43 PM

2009-08-25T07:12:00.000-07:00

GOI MEMO ON PAYMENT OF "ADDITIONAL PENSION"

Dear Veterans,

Please do have a look at the portal http://pensionersportal.gov.in/ for
implementation of Government's decision on the recommendations of the Sixth Central Pay Commission - Revision of pension of pre-2006 pensioners. (Clarification regarding Payment of Additional Pension/Family Pension) (dated 11/08/2009)

Regards
Col Nair

FAMILY PENSION

2009-08-09T08:34:00.001-07:00

Fwd by Dr. Brig VA Narayanan
-------------------------------------------------------------------------------------------
Order has already been issued, in the case of civilian pensioners, regarding how to tackle the cases of family pensioners aged more than 80yrs whose date of birth is not recorded.PAN cards, CGHS Cards, Pass-port, Driving license, Matriculation Certificate - Viz whatever proof of reasonably trustworthy nature (My interpretation) would enable payment of enhanced pension. Even the Voter's Card is good enough. The relevant order is No.38/37/08-P&PW(A) dated 21 May, 2009 issued by the Min of Personnel, Public Grievances & Pensions. Pension Disbursing Authorities ( Banks paying the pension) are to act on this immediately. Similar order should have been issued in respect of Armed Forces ; However, as usual, it may take its own time in the absence of 'Mai-Baap' for ESM community.

Due to insuficient knowledge of the technique, although I have downloaded the letter, unable to cut& paste the same; Some expert may kindly do it.

Jai Hind

Gp Capt BV Rao(Retd)

COMMENT ON DISCONTENTMENT OF A VETERAN

2009-08-09T08:29:00.000-07:00

One needs to support the more disadvantaged of our bretheren and provide help and succour to them once they are out of uniform! Those of us who have it good do not realise the privations that a poor OR faces once he is out of the army on retirement.

Rajib

--- On Tue, 4/8/09, rajiv addy rajibaddy@hotmail.com

COMMENT ON DISCONTENTMENT OF A VETERAN

2009-08-03T21:56:00.000-07:00

The problem with the ESM is that we think that everyone else is responsible for our welfare. I think that time has come for us to find ways and means of helping each other and if we cannot do that, atleast retain our dignity and stop seeking help from others.

I have come across many incidents wherein the Veterans have willingly offered to donate their lands for starting the ECHS clinic or the ESM canteen. But, unfortunately, it has not happened in Kerala. Are we all so poor or, is it something else? I think that the time has come for us to introspect.

Navy and Airforce have associations where all ranks are members. However, most of the Army officers prefer to be members of the officers association. Probably, this separation may be running counter to the increasing social aspirations of the retired PBOR. A mechanism to have a common platform like Army Foundation could be thought of. However, there has to be readiness to have PBOR veterans in some of the controlling positions.

Issues related to the Veterans are many and some of them are outside the limits of reality. I have had a veteran officer approaching me to take up a case for getting free membership of a club because of his service in uniform. I can quote many instances where the veterans, insted of helping each other, have resorted to complaining to the RM. Of course, there are good examples too. To quote one, I was pleasanly surprised to see Air Marshal Nair (Retd) sitting at the reception of the ECHS clinic Secunderabad and preparing slips for the patients. He does this every day. Can we hope to see something similar in Kerala? When such display of magnanimity becomes more frequent, there would certainly be a reduction in the percieved distance between the retired officers and the PBOR.

Eapen.

Mon, 3/8/09, eapen kochekkan

THE OROP STATUS

2009-08-03T21:24:00.000-07:00

In turning down OROP the Committee has relied on earlier committee and GOM reports, SC judgement on ESL petition filed as a sequel to the decision in DS Nakara & Ors Vs Union of India, and advice of the Ministry of Law.
The Committee also interacted with various ESM Associations, namely, the IESL and the Air Force Association to seek their views. The Associations gave the following major options in regard to OROP:

Option 1 Calculation of the pension of pre-1.1.2006 retirees by reckoning the highest of the pay in the pay band for each rank and thereafter application of weightage to this figure.

Option 2 Calculation of the pension of pre-1.1.2006 retirees by taking the mid-point between the minimum fitment of each rank in the revised pay band and maximum of the pay band and thereafter applying the weightage.

Option 3 Calculation of the pension of pre-1.1.2006 retirees with reference to the notional maximum in the post- 1.1.2006 pay scales. Thereafter the weightage may be applied.

Options 1&2 were found not feasible as even the pension of post 1.1.2006 retirees is not calculated on this basis. "However, the option 3 is similar to the benefit granted in 2006 based on the recommendations of the GOM."

SUMMARY OF RECOMMENDATIONS

PBOR

(1)Bring pre-10.10.1997 PBOR pensioners on par with post 10.10.1997 PBOR pensioners. (financial implication – 470.66 Crore per annum)

(2)Accept enhancement of classification allowance wef 1.1.2006 on notional basis (as in case MSP). This would benefit around 88000 PBOR. (Financial implication – 7.73 Crore per annum). To be implemented wef 1.1.2006 and pay arrears.

(3) (a) Reckon pension of all pre 1.1.2006 PBOR pensioners with reference to a notional maximum in the post 1.1.2006 revised pay structure corresponding to the maximum of pre-Sixth Pay Commission pay scales as per fitment table of each rank.

(b) Also to continue with the enhanced weightage awarded by the GOM.

This will result in average monthly increase in the pension of pre 1.1.2006 PBOR in the range of Rs 800 to Rs 1400 for Gp Y depending on rank and years of service. Will benefit 12 lakh pre 1.1.2006 PBOR pensioners, (financial implication – 1636 Crore per annum). Being a new concession applies prospectively. No arrears.

COMMISSIONED OFFICERS
(4) Remove linkage of full pension with 33 years of qualifying service wef 1.1.2006 instead of 1.9.2008. Will benefit around 1100 officers (Army) whose pension would increase by about Rs 3000 pm (financial implication – 4.83 Crore per annum). Proposal emanates from Sixth PC; implement from 1.1.2006 and pay arrears.

(5) A separate pay scale starting at 67000 and going up to 79000 be created and all offrs at the level of Lt Gen/Addl Secy/equivalent be fixed in this scale. As a result, pension of pre-1..1.2006 Lt Gens will get fixed at 36500.00 and those of Addl Secys at 33500..00. Will benefit roughly 4000 offrs. (Financial implication – 25 Crore per annum). Proposal emanates from Sixth PC; implement from 1.1.2006 and pay arrears.

The Committee has justified the increase for Lt Gens by stating that after the Sixth PC recommendations, the pensions of pre-1.1.2006 Brigs, Colonels and Lt Cols have greatly improved and in percentage terms there is very little difference the pension of pre-1.1.2006 and that with ref to minimum of fitment tables. The difference is around 2% at the level of Lt Col, 6% at the level of Colonel, 11% at the level of Brigadier, 13% at the level of Maj Gen. Only at the level of Lt Gen is there a difference of about 26%.

Unquote

THE OROP has been denied. ESM may comment on the report of the Committee in whatever manner or at whatever forum. However, kindly do not seek clarification/ justification from me, for I have only summarised facts.

We need to take a call on our next course of action. And soon.

Best regards,

Lt Gen (Emeritus) Raj Kadyan, PVSM, AVSM, VSM
Chairman IESM
262, Sector-17A
Gurgaon- 122 001
Tele: +91-124-4015262
+91- 9811226676

DISCONTENTMENT OF A VETERAN

2009-07-30T20:40:00.000-07:00

Dear All,
I recieved a comment from a discontended veteran the other day. He was so annoyed and furious with the Officer Community which I could make out from the language he used in the comment. I cannot publish the same wordings that this veteran has used in his comment because it was harsh. However I felt the need to bring this to the notice of our community to correct themselves if they are going wrong somewhere. These people stood by us and worked shoulder to shoulder while we were in active service. It is one of our commitment to PBOR to help them and guide them when they are in need. Though there are govt and non govt organisations detailed to look after their welfare I am afraid that they are not doing their duty completely. That is why we get such mails.
Many of us have started various ventures in which PBOR have been employed. We must look after them well. Get him his dues. Guide him to settle his family. Because many of them are very young and burdened with family and financial problems. They do not get proper rehabilitation. Please give serious thought to this and let us do whatever bit we can to keep these invaluable companions of yester years happy and smiling.
I request the Ex-CPO to meet me and explain his problems if he wish to do so. The DOWA in whatever capacity it can, within its limitations, will be happy to try and solve your problem.
I have modified the comment and publish it for your information

Col Nair
------------------------------------------------------------------------

Anonymous has left a new comment(duly modified for publication in the blogspot) on your post "Medical facilities to ECOs and SSCOs":

I WOULD LIKE TO INFORM YOU THE OFFICERS ARE NOT GETTING ANY TIME TO LOOK AFTER THE WELFARE OF PBORS BUT THEY HAVE SUFFICIENT TIME TO HARRASS THE PBORS IN SERVICE AS WELL AS TO FILL UP THEIR OWN POCKETS, YOU PEOPLE NEVER THING HOW THE PBORS ARE STRUGGLING TO SURVIVIE IN A MONTH .

SREE KUMAR KK EX CPO WTR

E mail ID : sknkulengara@rediffmail.com

Posted by Anonymous to DOWA COCHIN at July 26, 2009 4:33 AM

New initiative of Govt of India

2009-07-20T21:13:00.000-07:00

Government of India has an online Grievance forum at http://www.pgportal.gov.in

The govt. wants people to use this tool to highlight the problems they faced while dealing with Government officials or departments like
1) Railways
2) Posts
3) Telecom (incl. Bharat Sanchar Nigam Limited (BSNL)
& Mahanagar Telephone Nigam Limited (MTNL )
4) Urban Development ( Delhi Development Authority (DDA) ,
Land & Development Office (L&DO),Central Public Works Department CPWD)etc)
5) Petroleum & Natural Gas
6) Civil Aviation ( Air India , Airports Authority of India , etc)
7) Shipping , Road Transport & Highways
8) Tourism
9) Public Sector Banks
10) Public Sector Insurance Companies
11) National Saving Scheme of Ministry of Finance
12) Employees' Provident Fund Organization
13) Regional Passport Authorities

14) Central Government Health Scheme
15) Central Board of Secondary Education
16) Kendriya Vidyalaya Sangathan
17) National Institute of Open Schooling
18) Navodaya Vidyalaya Samiti
19) Central Universities
20) ESI Hospitals and Dispensaries directly controlled by ESI Corporation
under Ministry of Labour

Many of us say that these things don't work in India .
Couple of months back, the Faridabad Municipal Corporation laid new roads in his area and the residents were very happy about it. But 2 weeks later, BSNL dug up the newly laid roads to install new cables which annoyed all the residents.. A resident used the above listed grievance forum to highlight his concern.. To his surprise, BSNL and Municipal Corporation of Faridabad were served a show cause notice and the guy received a copy of the notice in one week. Government has asked the MC and BSNL about the goof up as it's clear that both the government departments were not in sync at all

Important Information

2009-07-20T20:59:00.000-07:00

-----------------------------
ECHS Facility
-----------------------------
Many non-pensioner ex-servicemen such as ECOs and SSCOs have left comments on the blog seeking guidance on how to become members of ECHS. Non-pensioners are NOT entitled to ECHS facilities. Non-pensioner ex-servicemen are only authorised medical facilities in MHs in accordance with a Presidential sanction on the subject but they cannot become members of the ECHS which is a scheme restricted to pension-holders. Just as pensioners are authorised ECHS, non-pensioners are authorised to avail of a medical re-imbursement scheme run by the Kendriya Sainik Board (KSB) wherein expenditure of major surgeries to the extent of 90 % for PBOR and 75% for Officers (which earlier was 75% and 60% respectively) can be borne by the KSB.

-Maj Navdeep Sigh
----------------------------------

Dear veterans,

I am at present OIC of Trichy Polyclinic.
At the outset let me assure you all that the orders to give 90 days medicine to Chronic patients is still in Vogue. We are giving medicines for 90 days to Chronic patients in all Ploy clinics operating under Trichy Stn Hq AOR.

There is no contradicting directive from DG Medical services on this score. I feel that this order by BH Delhi Cantt is due to delay in funds allocation.

There have been some problems in getting medicines. The allocation of funds for the current financial Year has been delayed and hence the MH's responsible for procuring medicines under DGLP have not been able to meet the requirements.

I suggest that the matter be taken up first to the Commanding Officer of the concerned Hospital.

Regards

Cdr V Vaidyanathan ambaforms@gmail. com

-------------------------------
More On OROP.
-------------------------------
“…the new pension regime would be based on a formula or a rank-wise one time increment (OTI) to bridge the gap between past and present pensioners. It is also unlikely that officers’ pensions are made amenable to the new system. My only request to veterans is to refrain from circulating mails which may raise false hopes and cause (avoidable) discomfiture at a later stage.”

Unknown to many, In 2004, the govt had announced improvement in the scales of PBOR which had almost resulted in OROP for Sepoys, Naiks and Havildars. According to that policy, the pensions of all three ranks were linked with top end of 5th CPC scales irrespective of vintage of retirement. Further an additional weightage of 10, 8 and 6 years was granted to past and future pensioner Sepoys, Naiks and Havildars respectively. Hence, contrary to common belief, PBOR always had a system of pension calculation which was different from Commissioned Officers and other Civil Govt employees. On the other hand, the system of pension computation for officers had always been absolutely similar to civilian employees, the only difference being that unlike the 5 years weightage available to civilians, officers of the defence services were granted higher weightages to cater for early retirement since while military officers retire between the ages of 54 and 62 depending upon arm / service and rank, most civilians retire between the ages of 58 and 60 (though certain categories of personnel of the CPOs retire earlier). Now to say that officers should exactly be at par with PBOR would be a little controversial. We cannot compare employees who start retiring at the age of 33+ with another set of employees who retire at 54+. So this conspiracy theory about the govt employing a policy of ‘divide and rule’ between officers and PBOR has no credibility since the govt has merely continued what was in vogue earlier. If at all there have been sinister moves in this whole 6th CPC imbroglio, the same may have been perpetrated by lower level bureaucracy which always manages to stump both the higher bureaucracy and people in uniform.

Having said that, I still maintain that OROP for all ranks and all employees (civilians included) would be an ideal structural form. A Major General who retired in say 1995 has to buy the same atta, dal and chawal and at the same prices as a Major General who retires today and in this light OROP definitely makes sense. But to say that it should be granted to officers on the same terms as PBOR or that officers of the military should be treated differently than civil servants may cut ice within our community but would widen the wedge between faujis, and dare I say it, the outside world.

Back to the point. There are two major sufferers in the officer community – Majors, who form the bulk of the officer retirees from the earlier eras and Non-Army Commander Lt Generals who retired prior to 2006 and who shall not (as per rules in vogue presently) get the pensionary benefit of HAG+. Leaving aside our personal opinions, we should convince the govt to atleast grant the following to the officer cadre which may well be within the rules of equity and fairplay :

(a) Grant an across the board increment of Rs 3000 on account of MSP to existing pensions of commissioned officers upto the rank of Major. It may be recalled that the benefit of MSP is practically available only to Lt Cols and above based on Annexure-II pension tables of GoI / MoD letter dated 11 Nov 2009 and the same is not extended to Annexure-I pension tables. It also may be pointed out here that in the distant past, some Majors used to retire in their 40s.

(b) Grant pension based on HAG+ to all past retirees who retired as Lt Generals. There is a strong case for this since past DsGP who till 4th CPC were at par with Lt Generals (non Army Commanders) are now drawing a pension of Rs 37750 while pre-06 Lt Generals (non Army Commanders) are placed @ Rs 27700.

Our approach should not be emotional but realistic, practical, pragmatic and extremely logical. Wait till the new scheme is officially announced and we shall bring to light the infirmities therein.

Maj Navdeep Singh at 7:31 AM

One Rank One Pension

2009-07-20T20:51:00.000-07:00

Dear Veterans,

As you are aware One Rank One Pension for PBOR was announced as part of the Union Budget by the Finance Minister, Shri Pranab Mukherjee, in Parliament on July 6, 2009 The Defence Minister Shri A. K. Antony gave further details of the scheme in reply to a question in Lok Sabha on 13 July 2009 which is reproduced below in brackets.

STATEMENT REFERRED IT REPLY TO PARTS (A) TO (D) OF LOK SABHA STARRED QUESTION NO. 126FOR ANSWER ON 13..7.2009

[[A committee was constituted under the Chairmanship of Cabinet Secretary to look into the issue of One Rank One Pension and other related matters. After considering all aspects of the issue, the Committee made several recommendations to substantially improve pensionary benefits of Personnel Below Officer Rank (PBOR) and Commissioned Officers which have been agreed to set up a separate Pay Commission for Armed Forces in future.

The Committee has recommended the following benefits to substantially improve the pension for the PBORs and Commissioned Officer:-

(i) Inclusion of Classification Allowance for PBOR from 1.1.2006.

(ii) Removal of linkage of full pension with 33 years from 1.1.2006.

(iii) Revision of Lt. General pension after carving out a separate pay scale for them.

(iv) Bringing parity between pension of pre and post 10.10.1997 PBOR pensioners and

(v) Further improving PBOR pensions based on award of GOM, 2006.

Total financial implication on account of above benefits is Rs. 2144 Crores.
Moreover, the recommendations of the Committee with regard to the broadbanding of percentage of disability / war injury pension for pre 1.1.1996 disability/war injury pensioners and removal of the cap on war injury element of pension in the case of disabled pensioners belonging to Category E have also been accepted by the Government.] ]

--
Regards,
Maj (Dr) T C Rao (Retd)
Tel :- 0124-4557000 (100 Lines)

PHILANTHROPIC ACTIVITIES

2009-07-13T05:11:00.000-07:00

DOWA Cochin has charity and philanthropy as one of its charter. Recently two of our friends came forward to offer a few seats for the deserving wards of ESM in the Engg Colleges. The effort was appreciated by all.
It has been the suggestion of some of our members to take up Paliative Care as an activity by DOWA. It is a noble and benevolent suggestion. But what does it involve? It is not only money but constant care and attendance to the patient. Can the members undertake this? Most of them are engaged in some or other activity and they hardly find time to attend the monthly meeting itself.
Have you got time? Can we spend? Cancer treatment needs lots and lots of money. Can we gather enough funds? I invite your concerted views on these aspects before we take up this in an AGM and make it official.

New Pension Scales to MNS Officers

2009-07-02T23:51:00.000-07:00

New Pay Scales for MNS Officers
--------------------------------------------------------------------------------

19:35 IST
The Ministry of Defence has notified the new paybands along with grade-pay and Military Service Pay for Military Nursing Service (MNS) Officers following the recommendations of the Sixth Central Pay Commission.

(in Rs.)

Post Pay Band Grade Pay Military Service Pay #

Lieutenant /
equivalent 15600-39100 5400 4200

Capt /
equivalent 15600-39100 5700 4200

Major /
equivalent 15600-39100 6100 4200

Lt. Col /
equivalent 15600-39100 6600 4200

Colonel/
equivalent @37400-67000 7600 4200

Brigadier/
equivalent @37400-67000 8400 4200

Major Gen/
equivalent 37400-67000 9000 Nil*

# No arears on account of Military Service Pay shall be payable.

* The element of Military Service Pay shall be taken on account for purposes of fitment at the time of promotion from Brigadier/equivalent to Major General / equivalent.

@ Colonels and Brigadiers to be placed in the Revised Pay Band IV (Rs. 37400-67000/-)

Samir/RAJ

Pension Calculator

2009-07-02T23:40:00.000-07:00

Dear Veteran Members,
Hopefully, you will soon see that calculating pension and arrears is easier than you think. You only need to enter some data in the cells coloured yellow. The current sheet shows a sample calculation using assumed data for a Lt Col with 30 years service. Entering your own data will do the job! Please download the attached spreadsheet if you need or wish to use it.

Background: First a small explanation of how we reached the current stage. Till 1995 our pension was quite meagre. The Pay Commission of 1996 increased

Medical facilities to ECOs and SSCOs

2009-07-02T23:07:00.000-07:00

Army Headquarters clarify that medical facilities to SSCOs and ECOs have not been withdrawn
Well, this should end the controversy perpetrated by some self-styled interpreters in M-Block who brought disrepute to the medical top brass and in a way to the entire services medical set-up by writing to all Commands that SSCOs and ECOs were not entitled to medical facilities in service hospitals.

Earlier, Medical facilities were only available to the following categories of retired defence personnel :

(i) Ex-Service Pensioners

(ii) Families of Ex-Service Pensioners

(iii) Families of deceased personnel drawing pension of some kind

Then in the year 1996, the Ministry of Defence in the name of HE The President of India amended Paragraph 296 (O) of the Regulations of Medical Services Armed Forces (RMSAF, 1983) and directed that the term ‘Ex-Service Pensioners’ shall be replaced by the term ‘Ex-Servicemen’ thus leading to the following entitled categories with effect from 26 Sept 1996 :

(i) Ex-Servicemen covered under the definition of ‘Ex- Serviceman’ issued by Department of Personnel and Training (DoPT) from time to time

(ii) Families of Ex-Servicemen

(iii) Families of deceased personnel drawing pension of some kind.

In 1998, an amendment to the existing Army Order on the subject of entitlement was also issued vide AO 08/98 whereby the term ‘ex-service pensioners’ was replaced by the new term ‘ex-servicemen’, needless to say, the AO was issued under the hand and seal of the COAS. The following was explicitly stated in the AO 08/98 :

“AO 10/97 is amended as follows :- (a) The term ‘Ex Service Pensioners wherever used in the AO is replaced with the term ‘Ex Servicemen’.”

However despite the fact that the above mentioned amendments had been carried out more than a decade ago and Regulation 296 (O) RMSAF stood amended, still in blatant contravention of the Presidential sanction, no correction was carried out in the copies of RMSAF available in service medical establishments and the old (unamended) Para 296 (O) in which the word ‘pensioners’ appeared was being quoted to refuse treatment to SSCOs and ECOs who were ex-servicemen but not pensioners. Vague letters were also issued asking MHs to withdraw such facilities from SSCOs and ECOs.

The Army HQ has now clearly stated that such facilities have not been withdrawn and the Secretariats of COAS and AG have also been informed about the same.

It is only hoped that such letters leading to total chaos in the system are not allowed to be floated by functionaries in the M-Block again. It is also hoped that the executing authorities give due regard to Presidential and govt sanctions by proper application of mind rather than to locally issued letters by self-styled interpreters which have no value in the eyes of law.

Posted by Navdeep / Maj Navdeep Singh

Benefits to Senior Citizen

2009-06-01T07:28:00.000-07:00

Hi All,
Some info which some of us may use at some time!!.
Bala
I. Transportation:Ministry of Road Transport and Highways:
i) Reservation of two seats for senior citizens in front row of the buses of the State Road Transport Undertakings.
ii) Some State Governments are giving fare concession to senior citizens in the State Road Transport Undertaking buses and are introducing Bus Models, which are convenient to the elderly..
Under Delhi Transport Corporation:
1. Special Hire Service: - Apart from the normal services, the Corporation also provides buses to the Citizen of Delhi on Special Hire for marriage parties, picnics, etc.
2. Free/Concessional Passes: - DTC also offers Free Passes to disabled persons, war-widows & their dependents, eminent sport personalities, Freedom Fighters etc. and Concessional Passes to various categories of commuters viz. Students, Senior Citizens, Residents of Resettlement Colonies, Journalists, etc.
For Senior citizens above the age of 60 years, Bus pass for all routes at Rs. 50 per month. Income has to be below Rs. 75000 per year.
Ministry of Railways:
1. Indian Railways provide 30% concession in all classes and trains including Rajdhani/Shatabadi trains for both males and females aged 60 years and above.
2. Indian Railways also have the facility of separate counters for Senior Citizens for purchase/booking/cancellation of tickets.
3. Wheel Chairs for use of older persons are available at all junctions, District Headquarters and other important stations for the convenience of needy persons including the older persons.
4.. Ramps for wheel chairs movement are available at the entry to important stations.
5. Specially designed coaches with provisions of space for wheel chairs, hand rail and specially designed toilet for handicapped persons have been introduced.
Ministry of Civil Aviation:
1. Indian Airlines is providing 50 per cent Senior Citizen Discount on Normal Economy Class fare for all domestic flights to Indian senior citizens who have completed the age of 65 years in the case of male senior citizens and 63 years in the case of female senior citizens subject to certain conditions.
2. Air India is offering discount of 55% to senior citizens of 60 plus on flights to USA , UK and Europe on economy class. Further, Air India has now decided to reduce the age of 60 plus for discount on their domestic routes as well with immediate effect. For Identity card, 2 passport sized photographs have to be submitted along with the form.
3. Sahara Airlines is offering 50% discount on basic fare for travel on its domestic flights only to senior citizens who have attained the age of 62 years. Discount is applicable in economy class only.
4. Kingfisher Airlines offers discount in Business class only for citizens of 65 years or above on sectoral basis. Age proof required.
5. Jetlite offers a discount of 50% on economy class for citizens of 65 years or above. One passport sized photograph required on the form along with age proof.
6. Jet Airways offers discount to senior citizens of 65 years or above.
For availing discount in domestic flights, senior citizens have to fill up a discount form along with a passport sized photograph and Age proof certificate. Jet Airways also provides Senior Citizen I-Card which is available in all ticket counters and requires 2 passport sized photographs and age proof certificate. For the I-Card a very nominal amount is charged.
II. Telecommunications:
i) Faults/complaints of senior citizens are given priority by registering them under senior citizens category with VIP flag, which is a priority category.
ii) Senior citizens are allowed to register telephone connection under N-OYT Special Category, which is a priority category. iii) MTNL in NCR offers a discount of 25% on Rs. 250 per month Plan. Age limit is 65 years or above.
III. Ministry of Consumer Affairs, Food and Public Distribution:
i) Under the Antyodaya Scheme, the Below Poverty Line (BPL) families which also include older persons are provided food grains at the rate of 35 kgs. per family per month. The food grains are issued @ Rs.3/- per kg. for rice and Rs.2/- per kg. for wheat. The persons aged 60 years above from the BPL category were given priority for identification.
(ii) Under the Annapoorna Scheme being implemented by the States/UT Administration, 10 kgs. of food grains per beneficiary per month are provided free of cost to those senior citizens who remain uncovered under the old age pension scheme.
iii) Instructions to State Governments for giving priority to the Ration Card holders who are over 60 years of age in Fair Price Shops for issue of rations.
IV. Ministry of Health & Family Welfare:
1. Separate queues for elderly persons in hospitals for registration and clinical examination.
2. Special Clinics, every Sunday between 10 am to 12 noon, for elderly persons available at the following hospitals in New Delhi.
a) Lok Nayak Hospitalb) GTB Hospitalc) Deen Dayal Upadhyay Hospitald) Aruna Asafjahan Ali Hospitale) Sanjay Gandhi Memorial Hospitalf) Dr. Joshi Memorial Hospitalg) Babu Jagjeevan Ram Hospitalh) Ram Rao Tula Memorial Hospitali) Lal Bahadur Shastri Hospital
The services include health check-ups, operations, treatment of physically invalid, gynecology, ENT and ophthalmology along with pathological and radio therapy facilities.
V. Income Tax (Ministry of Finance):
1. For senior citizens the exemption limit is Rs. 2,25,000 upto which senior citizen pays no income-tax at all. The benefit of higher exemption limit for a senior citizen is available only when a person has completed 65 years of age.
2. The senior citizen should also take full advantage of section 80C of the Income Tax Act, 1961 whereby deduction upto Rs. 1.00 lakh is available for investment by way of insurance premium, repayment of the housing loan or investment in Senior Citizens Savings Scheme as also the Bank Fixed Deposit.
3. Similarly as also the Bank Fixed Deposit. Similarly, the citizen can also take advantage of the Mediclaim Policy. In case senior citizen or any member of his family suffers from serious medical problem of suffers from some disability he can claim certain other deductions under the tax law.
VI. MINISTRY OF SOCIAL & EMPLOYEMENT
1. Ministry of Social Justice & Empowerment is the nodal Ministry responsible for welfare of the Senior Citizens. It has announced the National Policy on Older Persons which seeks to assure older persons that their concerns are national concerns and they will not live unprotected, ignored and marginalized. The National Policy aims to strengthen their legitimate place in the society and to help older people to live the last phase of their life with purpose, dignity and peace. The National Policy on Older Persons inter alia visualizes support for financial security, health care and nutrition, shelter, emphasis upon education, training and information needs, provision of appropriate concessions, rebates and discounts etc. to Senior Citizens and special attention to protect and strengthen their legal rights such as to safeguard their life and property. The National Policy on Older Persons confers the status of senior citizen to a person who has attained the age of 60 years.
2.. The Ministry is also implementing following schemes for the benefit of Senior Citizens:
(a) An Integrated Programme for Older Persons (Plan Scheme) – This Scheme has been formulated by revising the earlier scheme of “Assistance to Voluntary Organisations for Programmes relating to the Welfare of the Aged”. Under this Scheme, financial assistance upto 90% of the project cost is provided to NGOs for establishing and maintaining Old Age Homes, Day Care Centres, Mobile Medicare Units and to provide non-institutional services to older persons.
(b) The Scheme of Assistance to Panchayati Raj Institutions/ Voluntary Organizations/Self Help Groups for Construction of Old Age Homes/Multi-Service Centres for older persons (Non Plan Scheme) - Under this Scheme, one time construction grant for Old Age Homes/Multi-Service Centre is provided to non-governmental organizations on the recommendation of the State Governments/ UT Administrations.
VII. Ministry of Rural Development:
1. Under the National Old Age Pension Scheme, Central Assistance of Rs. 75/- p.m. is granted to destitute older persons above 65 years. This Scheme has been transferred to the State Plan w.e.f. 2002-03.
2. Under the Annapurna Scheme, free food grains (wheat or rice) upto 10 kg. per month are provided to destitute older persons 65 years or above who are otherwise eligible for old age pension but are not receiving it.

Latest News

2009-05-25T20:33:00.000-07:00

www.indianmilitary.info

Monday, May 25, 2009

Execution of ‘non-functional financial upgradation’ with effect from 2006 ordered for all Group-A organised services
The govt has finally issued orders for non-functional financial upgradation for all Organised Group-A Civil Services on 21 May 2009.With this, whenever an IAS officer gets empanelled at a particular post in the Centre, all other Group-A service officers shall also be moved up to the same pay level after a period of two years from the date of empanelment. The upgradation of other Group-A officers shall not have any functional effect, that is, the upgradation shall only result in a higher pay or grade pay and would not lead to an enhanced status. Such officers shall maintain the status of their functional grade pay. To take an example, if an officer of the IAS of 1999 batch is empanelled as a Deputy Secretary to Govt of India in 2008 (Pay Band-3 / Grade Pay 7600), then all other Organised Group-A civil officers of the 1997 batch shall also be placed in GP 7600 in a non-functional capacity, their functional GP shall remain 6600. With these orders, all organised Group-A civil services are set to move into Pay Band-4 after 16 years of service.The following is the PB-4 empanelment schedule for the IAS with effect from 20061992 batch of the IAS was approved for functional empanelment as Director to Govt of India (PB-4 / GP 8700) in July 2006, hence all other organised Group-A civil services of the 1990 batch would move to PB-4 / GP 8700 on a non-functional basis with effect from July 2006.1986 batch of the IAS was approved for functional empanelment as Joint Secretary to Govt of India (PB-4 / GP 10000) in October 2006, hence all other organised Group-A civil services of the 1984 batch would move to PB-4 / GP 10000 on a non-functional basis with effect from October 2006.1975 batch of the IAS was approved for functional empanelment as Additional Secretary to Govt of India (PB-4 / GP 12000) in March 2006, hence all other organised Group-A civil services of the 1973 batch would move to PB-4 / GP 12000 on a non-functional basis with effect from March 2006.The complete Govt sanction letter can also be viewed by clicking here.
Posted by Navdeep / Maj Navdeep Singh at 5:44 AM 8 comments
Labels: Grade Pay, Misc, Pay Commission
Friday, May 22, 2009

Retired Lt Colonels can rejoice
Refer to this previous post on this blog (20 May 2009).Consequent to the placement of Lt Cols and equivalent in Pay Band-4, the revised orders for grant of enhanced pension have been issued by the Ministry of Defence. The full pension of pre-06 Lt Colonels is now Rs 25,700.Of course, DA @ 22% is admissible in addition to the above mentioned amount as on date.The complete govt letter / notification can be viewed and downloaded by clicking here.
Posted by Navdeep / Maj Navdeep Singh at 8:26 PM 45 comments
Labels: Pay Commission, Pension, Policy and Benefits
Thursday, May 21, 2009

Benefit of rounding off / bunching of disability percentage for calculation of disability element would be applicable to superannuating personnel too
The 5th Central Pay Commission had recommended the benefit of rounding-off / bunching of disability percentages for grant of disability element of disability pension. It was recommended that persons with disability till 50% should be paid a disability element calculated by taking the disability at 50%, those with a disability between 50-75% should be granted a disability element by taking the disability as 75% and those with a disability above 75% should be granted a disability element @ 100%.The said modalities were notified by the Govt in 2001 with effect from 1996. However, the govt sanction letter provided that the said benefit would only be made available to those who were invalided out and not to those who were discharged on completion of terms or on superannuation with a disability, and that the latter would be granted a disability element in accordance with the actual percentage of disability and hence would not be provided the benefit of rounding off / bunching.The Hon’ble Punjab & Haryana High Court however did not take this kindly. The Hon’ble High Court in 2008, in the case Paramjit Singh Vs Union of India, ruled that even those who are discharged on completion of terms or on superannuation would be entitled to the rounding off and bunching of disability percentage thereby leading to an enhanced pension. The same was done by relying on Regulation 179 (Regulation 53 for officers) of the Pension Regulations for the Army. The said Regulations provide that persons retiring or superannuating with a disability would also be ‘deemed to have been invalided out’ or service.The govt however filed a review petition in the said Writ Petition but the same has been dismissed by the Hon’ble Court and it has been re-iterated that the benefit should be granted to all disabled personnel including those discharged / retiring with a disability and not only to those who have been invalided.The Court has also held that AGIF is liable to pay disability cover even to discharged / superannuating personnel and that AGIF is very much a body under the control of the govt, the actions of which can be challenged in the High Court. It was contended by the Govt that AGIF was not a body of the ‘State’ and hence writ jurisdiction could not be invoked against it.The Times of India has also reported this and the same can be viewed by clicking here.
Posted by Navdeep / Maj Navdeep Singh at 8:20 AM 9 comments

IESM Political touch

2009-05-22T09:46:00.000-07:00

Dear All,

As you know, I am not a member of the IESM, but since I am concerned with veteran issues, I am appending my take on the post-election controversy, which has ruled the e-mail circuit since the election results were announced.
Now that tempers seem to have cooled down amongst the veterans, the need is for some introspection by all the organizations, big and small, which are looking after the interests of the veterans. This includes the Core Group of the IESM.

One has seen in the past that everyone wants to take credit for anything achieved and this was quite discernable in the various e-mails that were on the web from time to time. These also contributed to discord at times.The fact of the matter is that it is the contribution of every organization and some individuals too which resulted in the veterans getting some issues resolved. When one organization wants to take credit, it creates bad blood unnecessarily and hence should be avoided.

When something adverse happens, all organizations initially react in a manner which can best be described as ‘digging ones heels’, rationalization and trying to justify one’s actions. This phase is in reality counter-productive. Instead, what the members want is reassurances that the decision makers do realize that they got carried away by promises made and the presence of more or less committed persons who pushed the agenda of their favourite party and that they would be more pragmatic and less impulsive in future. Humility and not brashness is needed at this stage, if veteran organizations want to win back and retain their flocks and even get fresh aspirants. This is applicable to all veteran organizations and not just the IESM. After all, they all supported one or the other political parties, for their own reasons.

This is also the time to think rationally, with the head and not the heart, of how to make the best of a bad bargain and re-think on the future course of action. The following points come to my mind, but I am sure more knowledgeable persons would be able to refine and redefine them:

Ø Should the agitational approach continue or should there be a pause, if not an abandonment of this approach altogether?
Ø Is the organization ready to make ‘peace’ (I am not sure whether that is the correct word) with other veteran organizations and chalk out a coordinated, if not joint programme which can help the veterans collectively? It automatically means all concerned to give way partly (of both their egos and programmes) for the common good.
Ø It is quite obvious that one of the earlier actions to be taken is to co-opt more than just the Core Group in the deliberations, as the Group can never be as objective as desirable. If a General Body Meeting can be organized, it may be a good option, but unless a few generally acceptable options are first decided and circulated, such a meeting may well be counter-productive, with a large number just articulating emotions! There may also be a logistics problem. There are two options to overcome the problem, as under:
- Firstly, a brain-storming session should be held by say about 50 selected members, who should debate all issues dispassionately and come up with a working plan for further implementation.
- Secondly, if Option I is not feasible, then another possible solution is to nominate a small cell which can tour major locations in each state to discuss and find out views of a large cross-section of members and even others if feasible.
- Irrespective of the option adopted, the outcome should then be disseminated and members be asked to vote on the issues recommended, thus obviating members from outstations being called for a General Body Meeting.
Ø My view is that time is NOT at a premium. The newly established cabinet and government will need time to settle down to their jobs and deal with more weighty issues. For them, the issue of OROP or other issues agitating the veterans are, I feel, of lesser importance. In the interim, issues considered important by the veterans should be listed out and sent to them so that they are flagged till the concerned veteran organization is ready to commence a more comprehensive dialogue.

The above suggestions are not only for the IESM, but all veteran organizations. Simultaneously, efforts should be re-initiated, separately, to reach understandings amongst all veteran organizations, as all are undoubtedly working for the benefit of the veteran community, in their own way. It may be utopian, at least at this stage, to think that the different organizations will merge and become one entity. However, coordination and cooperation are eminently feasible. What is needed is appreciation of others viewpoints and an accommodative approach.

I have deliberately refrained from commenting on the following issues, as they are highly sensitive and can be read wrongly, when one is trying to mend matters and reach a consensus:
Ø The agitational or the lobbying approach.
Ø Rationalization of the bigger question whether veterans and active service personnel should go their separate ways or adopt the theory of the umbilical chord, stressed by many, including me.
Ø The major question of being politically aligned or being apolitical; many views have already been expressed. In addition, what constitutes being ‘political’ and the parameters of being ‘apolitical’.
.Warm regards.
Vijay Oberoi
Former Vice Chief of Army Staff (VCOAS)Former Director Centre for Land Warfare Studies (CLAWS)RESIDENCELt Gen Vijay Oberoi, PVSM, AVSM, VSM 'DAULAT'#673, Sector - 6Panchkula - 134109Telephone - 0172 - 2587642, 2587648e - mail : http://in.mc948.mail.yahoo.com/mc/compose?to=oberoivijay@hotmail.comOFFICELt Gen Vijay Oberoi, PVSM, AVSM, VSM PresidentWar Wounded Foundation313, MIG (Ground floor), Pkt-I,Sector-23, Dwarka,New Delhi- 110075 Telephone - 011-45604116E-mail - http://in.mc948.mail.yahoo.com/mc/compose?to=warwounded@rediffmail.com ; http://in.mc948.mail.yahoo.com/mc/compose?to=enquiry@warwounded.org.Web site http://www.warwounded.org/

Disability Pension and PB4

2009-05-22T09:43:00.000-07:00

Thursday, May 21, 2009

Benefit of rounding off / bunching of disability percentage for calculation of disability element would be applicable to superannuating personnel too
The 5th Central Pay Commission had recommended the benefit of rounding-off / bunching of disability percentages for grant of disability element of disability pension. It was recommended that persons with disability till 50% should be paid a disability element calculated by taking the disability at 50%, those with a disability between 50-75% should be granted a disability element by taking the disability as 75% and those with a disability above 75% should be granted a disability element @ 100%.The said modalities were notified by the Govt in 2001 with effect from 1996. However, the govt sanction letter provided that the said benefit would only be made available to those who were invalided out and not to those who were discharged on completion of terms or on superannuation with a disability, and that the latter would be granted a disability element in accordance with the actual percentage of disability and hence would not be provided the benefit of rounding off / bunching.The Hon’ble Punjab & Haryana High Court however did not take this kindly. The Hon’ble High Court in 2008, in the case Paramjit Singh Vs Union of India, ruled that even those who are discharged on completion of terms or on superannuation would be entitled to the rounding off and bunching of disability percentage thereby leading to an enhanced pension. The same was done by relying on Regulation 179 (Regulation 53 for officers) of the Pension Regulations for the Army. The said Regulations provide that persons retiring or superannuating with a disability would also be ‘deemed to have been invalided out’ or service.The govt however filed a review petition in the said Writ Petition but the same has been dismissed by the Hon’ble Court and it has been re-iterated that the benefit should be granted to all disabled personnel including those discharged / retiring with a disability and not only to those who have been invalided. The Court has also held that AGIF is liable to pay disability cover even to discharged / superannuating personnel and that AGIF is very much a body under the control of the govt, the actions of which can be challenged in the High Court. It was contended by the Govt that AGIF was not a body of the ‘State’ and hence writ jurisdiction could not be invoked against it.The Times of India has also reported this and the same can be viewed by clicking here.
Posted by Navdeep / Maj Navdeep Singh at 8:20 AM 1 comments
Labels: Disability Pension, law, Pension
Wednesday, May 20, 2009

Increase of pension of retired Lt Cols on grant of PB-4
There are indications that the increase of basic pension of Lt Cols to Rs 25,700 may be the first agenda point when the new incumbent takes his or her seat in the South Block. The said corrigendum may see the light by the end of this month, but as I always say, let’s keep our fingers crossed till it actually comes out in black and white.The figure of Rs 25,700 has seemed mysterious to many. It simply comes about from the basic pension formula, that is, 50 % of Start of Scale (37400) + Applicable Grade Pay (8000) + MSP (6000).There are voices amongst veterans which seem to indicate that there should be a difference of pensions between erstwhile Selection Grade and Time Scale Lt Cols. Please put such ideas to rest since pensions are always determined with current ranks / grades as the backdrop and today there is only one kind of Lt Col. As it is, this idea of differentiation is regressive and not a pretty thought at all and would lead to deprivation of a particular section of veterans who were not promoted to Selection Grade due to the steep pyramid of the forces. When people all around in other organisations are reaching PB-4 with GP 10000 with ease which later translates into higher pensions, some of our own veterans want to minimise the benefits and create a rank within the rank of Lt Col. Sad.I also again request readers not to transmit individual mails on this issue or for calculation of emoluments / pay etc. My profession is too demanding to allow me the time to send separate replies. Such queries can be posted as comments to blog-posts and can be addressed by a cross-section of visitors.
Posted by Navdeep / Maj Navdeep Singh at 5:16 AM 20 comments
Labels: Misc, Pay Commission, Pension
__._,_.___

.

Pension History and status

2009-05-22T09:41:00.000-07:00

1. From the rank based pensions of 1947 when the pension of a Colonel was the same as the Secretary to the Government of India, with higher ranks drawing greater pensions, the downhill continues without a break. This was because a ceiling in the case of civilians was not applicable to the Armed Forces, to what exists today. This paper seeks to put into one place how and why this came about.
2. Regrettably the Indian Armed Forces have lagged behind in their efforts towards enhancing the adequacy of pensions in relation to the truncated career and consequent steep drop in life time earnings. In fact the pension of our personnel has actually declined as percentage of last pay drawn since Independence and today stands lower than the civilian counterparts for the bulk of our personnel. To my mind the reasons for this state of affairs was perhaps due to lack of experience and understanding of the crucial role played by a just and equitable emolument structure in the early post independence years. Thereafter, as we gained experience and knowledge, we concentrated on the pay and allowances of the emoluments at the cost of post retirement benefits. It is only in the past 15- 20 years that we have been alive to this aspect but are unable to make headway on account of difficulties retrieving lost ground.
3. The 3rd Pay Commission started the damage by defining Armed Forces pension as nothing more than something to meet adversity for it stated that with the truncated career it was inconceivable that personnel would spend their remaining working life doing nothing. They did away with rank based pension for officers, changed the weightage to the detriment of everyone.
4. In the early eighties the COSC appointed Major General MEA Krishnan to review our pensions and suggest how to retrieve lost ground. This Report was one of the masterpieces on the subject. A copy was held in the PCC(N) of the 4th and 5th CPC but is no longer around. I think USI should hunt around for a copy to be kept in the library. The COSC sent the report to the MOD after accepting the same. It formed the basis of our memorandum to the 4th CPC.
5. The Government appointed the now famous KP Singh Deo committee. The committee made a large number of recommendations on Ex Servicemen. The Govt. proudly announced in Parliament that it had accepted the majority (90%) of the recommendations. What it failed to accept was return to ONE RANK ONE PENSION done away by the 3rd CPC and that all pensioners irrespective of vintage should draw the same pension for the rank they retired. A committee headed by the Defense Minister with MPs as members however examined it for acceptance and implementation but rejected the OROP. We are however continuing our fight for its implementation..
6. The 5th CPC in Chapter 127 of their Report referred to the Nakra judgment in the Supreme Court. It recorded that it respects the judgment. Pension is not in the nature of alms being doled out to beggars. Retired personnel need to be treated with dignity and courtesy befitting their age. Pension is their constitutional, statutory, inalienable, legally enforceable right earned by the sweat of the brow.
7. The most controversial subject in the field of pension as recorded by the 5th CPC was the glaring disparity of pensions of people of the same rank who retired at different periods. Govt. had tried to solve this problem partially for the Armed Forces by adopting the One Time Increment. This did not meet their demand of One Rank One Pension. The 5th CPC however recommended parity in pensions between pre 1996 and post 1996 pensioners.
8. In our Joint Memorandum to the 5th CPC the Armed Forces had proposed enhancing retiring pension to 75% of last pay drawn. It was felt that due to the truncated career and early retirement Armed Forces personnel suffered considerably on the quantum of entitled pension. Further with the restricted career progression the life time earning differential vis-à-vis the civil services was disproportionately large.
9. Nearly all associations sought similar enhancement ranging from 60 to 100%. The 5th CPC accordingly hired Tata Economic Consultancy Services (TECS) to
(a) Assess the post retirement income requirement taking into account the existing pension structure in private, public and international sectors.
(b) Identify ways and means for payment of pension at higher rates than at present to both civilian and armed forces personnel.
10. TECS study revealed that 65% of last pay drawn would be a reasonable requirement of income by pensioners. Accepting the TECS findings, the CPC felt that since 50% of LPD was already being paid and not to place further burden on the Government, the balance 15% should come from a supplementary Contributory Pension Fund. The two schemes for Pension Funds reccunnenfed by TECS and accepted by the 5th CPC separately for civilian Govt. officials and Armed Forces personnel were (a) Indexed pension scheme for civilians and (b) Unindexed or Nominal pension scheme for Armed Forces personnel. A comparison of the two schemes showed a greater contribution by Defense pensioners attributable to early retirement and longer retired life span.
11. The 5th CPC also quoted a number of foreign armed forces in similar situations adopting the same route. The ADF introduced Pension Fund Schemes in the early 90s. The Malaysians have gone a step further. The Trust created not only provided for additional pension over and above the Govt. contribution but also commercial loans for self employment. A similar scheme for the US Armed Forces by adding on Health care is in vogue. Two pension funds operate successfully in India, namely belonging to ONGC and Air India.
12. The pension funds could be operated Service wise like their GIS in view of difference in size and actuarial parameters. The Services however rejected the concept of pension fund, saying it was for the Govt. to find ways of granting the higher rate of pension.
13. The commonly held belief that the Central Govt. pension bill has the potential to reach unsustainable level does not appear to be based on any realistic assessment of such liabilities in future years. This was the finding of the Director and the Advisor of the Perspective Planning Division, Planning Commission, Govt. of India in their Paper 1/2004-PC of July 2004 titled PENSION LIABILITIES OF THE CENTRAL GOVERNMENT: PROJECTIONS AND IMPLICATIONS. After examining the major accounting departments including Defense, they concluded that the present pension system should prevail and that the future pension liability should be sustainable. The study revealed that whilst the number of PBOR was 345832 in 1960 it was 1172623 in 2000, the rate of growth over 20 years fell from 2.1 to 1.1%, rate of retirement was between 3.3% in 1960 and 3.6 % in 2000, whilst the annual retirees ranged between 11445 in 1960 and 42152 in 2000. Similar figures were computed for officers. It computed the projected employment between 2001 and 2010 under the heads of total numbers, no. superannuating, seeking voluntary retirement, and total retirees. It computed projected pension payments increasing by 7.6 % which was the lowest among civil( 7.6%). Railways (8..1%), Telecom (15.3%) and Post (9.3%). With rises in GDP up to near 9%, it is possible for increases in rates of pension.
14. All this not with standing, the Dept. of Economic Affairs, MOF floated an RFP on 15 Oct 2005 for operationalising the New Pension Strategy. A separate pension fund was proposed to be created for civilians joining after 01 Jan 2004. By excluding Armed Forces it was evident that the Govt. was implementing 5 CPC recommendations for civilians. I responded to the RFP by forming a team of retired officers of all three Services, who were knowledgeable of pensions and had worked with me during Pay Commissions. I felt that NPS was eminently suited to our SSC officers and PBOR. The RFP had been allocated a sum of $ 200000. In my long years in logistics, I had not seen a GOI RFP in a foreign currency. Anyway my RFP response was returned saying that since there was a change in TOR could a fresh response be submitted, which I did. Nothing further was heard and the structure for accounting the recoveries has not been put in place. Where the recovery from the individuals is going for two years is not known.
15. Reverting to the 6th CPC only for pensions, it does not talk of the 5th CPC recommendation for enhancing the rate of pension to 65%. It negates OROP by recording that pension parity has been given by 5th CPC would be suffice. It does not talk of how this pension parity will be maintained, since MSP counts for pension for post 1.1.2006 retirees but is not admissible to pre 1.1.2006 retirees.
16. It has abolished weightage since reference to 33 years service also abolished. It has simplified pension to just 50% of LPD. The edge in commutation has been retained.
17. So where do we go from here?
18. My wish list from the 6th CPC would be as follows for pensions alone
· Rate of retiring pension be raised to 65% as recommended by the 5th CPC and accepted by the Armed Forces. The formation of a service pension fund as recommended by TECS and approved by 5th CPC is not approved as the Government has the capacity to pay ( see paragraph 13 above). In any case whenever increases in rates of pension viz 33% to slab system to the present 50%, no pension fund was talked of or required. Why now.
· Pension parity as recommended by 5th CPC and ratified for continuation by 6th CPC is only hence forth applicable to civilians. With MSP being applicable to only those in service as on 1/1/06 and counting for pension, the post 1/06 retirees will not have parity with pre 01/06 pensioners. This can be resolved by granting an equivalent to MSP as an add on to all pensioners irrespective of vintage.
· In so far as OROP is concerned, there are two dimensions. All pensioners irrespective of vintage but of the same rank must get same pension. This has been largely met till 6th CPC by pension parity. The second aspect is that pension must be rank based as existed till 3rdCPC. This means that all Colonels should have same pension. All MWOs should have same pension.
· SSC officers should receive pension now that 6th CPC has done away with 33 years and weightage.
· Medical insurance should be applicable to pensioners for both OPD treatment and medicines and hospitalization. Medical insurance schemes could managed by respective Service GIS. ESCHS like its counter part CGHS has not proved successful .
· A body like Ex Servicemen’s League with its Governing Council must represent Service pensioners in all matters affecting their interest.
Vice Admiral Barin Ghose
B 449 Sushant Lok I
Gurgaon 122002 Haryana
Phone 124-4044069, Mobile 9871381479
E Mail bag1944@yahoo.co.in

Re-Emp and Re-Settlement retired offrs

2009-04-26T19:53:00.000-07:00

Commercial Employment in Private Sector.

As per the provisions of AI 2/S/74, retired service officers of the rank of Col and above are required to seek prior permission of the Govt before taking up commercial employment in the private sector within two years of their date of retirement. Army Headquarters letter No. 35072/MS-Retirement dated 19 May 1989 spells out the procedure for securing the prior Govt permission. The retired officers are required to apply in the prescribed proforma (as per Appendix ‘J’) to the MS Branch/MS(X) for officers of the rank of Brig & above and to MS Branch/MS-Retirement for officers of the rank of Col.
Resettlement in Civil Life. Retiring Army Officers may apply for civil employment. However, para 341 of Regulations for the Army 1987 enjoins that an officer who is granted any pension, gratuity or other benefit in respect of his/her Army service or who is likely to receive any pension, gratuity or other benefit, shall obtain the permission of the President before accepting any employment under a Government outside India at any time after his/her Army Service has ceased. An officer of the rank of Colonel or above, whether the rank is held in substantive capacity or otherwise who is granted a pension, gratuity or other benefit, in respect of his/her Army Service or who is likely to receive any pension, gratuity or other benefit shall also obtain such permission prior to accepting employment before the expiry of two years from the date his/her Army Service ceases in the following cases :-
(a) Commercial employment in private undertakings.
(b) Employment in a civil post under the Central or State Government or an Union Territory Administration/Government, or in a post under a Body Corporate owned or controlled by Government if the other officer had been allowed to retire prematurely at his/her own request. Such permission will not, however, be required if the officer had retired from Army Service in the normal course on completion of the standard service prescribed for his/her rank or if he/she had been invalided from Army Service on grounds of ill health or physical disability. Such permission will also not be necessary in cases where due to personal reasons the officers proceeding on normal retirement are allowed to retire a few days earlier (not exceeding one month) than the due date.
Army Placement Agency (APA). To assist retiring Army Officers in seeking avenues for suitable jobs in civil after retirement, the APA has been established in Adjutant General’s Branch/CW Directorate, Integrated HQ of MOD (Army) with Army Placement Nodes (APNs) at major industrial centres. In addition, Army Placement Satellite Nodes (APSNs) have also been opened at most of the Regimental Centres and some Sub Area/Station Headquarters to facilitate registration and placements of the retiring PBOR. This establishment is in addition to the Directorate General Resettlement (DGR) where also, retiring Officers can register their names for employment separately. To register their names with the APA, retirees can obtain application forms and details from the APA/APNs or can log in to its web site www.apa.co.in which is very elaborate and user friendly. Retirees may also approach APA/APNs for any registration related queries or assistance at the following address :- Army Placement Agency AG’s Branch/CW Directorate Integrated HQ of MOD (Army) West Block-III, RK Puram, New Delhi-110066 Telephones : 011 – 26186075, 26186192 Fax : 011 – 26100241 E – mail : apajobs01@yahoo.co.in
Auth : MS(X) Note No. A/46050/Gen/MS(X) dated 07 Jul 04 &
APA Note No. B/44960/Misc/AG/APA dated 17 Aug 05.
Directorate General Resettlement
Resettlement. The primary thrust of the DGR is on dignified resettlement of all ranks retiring from the three services and efforts are made to explore various avenues for employment of ex-servicemen (ESM). With a view to resettle/re-employ ESM, the DGR arranges the following:-
(a) Training. Plan and conduct Resettlement Training programmes to reorient retiring Defence personnel towards civil employment.
(b) Employment. Sponsor registered officers/PBOR for providing employment opportunities in government/semi government/ public sector organizations and assistance in employment with corporate sector.
(c) Self - Employment. Schemes for self-employment and assistance in obtaining loan in farm and non-farm sectors.
Rehabilitation and Welfare. The rehabilitation and welfare schemes as laid down by the Govt from time to time are executed by the Kendriya Sainik Board (KSB) which functions under administrative control of DGR and is co located.
Training Programmes
Training Programmes (Offrs). Training for preparing retiring/retired officers for their resettlement in civil life is one of the major functions entrusted to the DGR. The resettlement training courses provide nationally/internationally accepted certification to facilitate officers to get quick employment within/outside the country. In addition six months courses being conducted at reputed B Schools (IIMs - Ahmedabad, Kolkata, Bangalore, Indore, XLRI Jamshedpur, MDI Gurgaon, NMIMS Mumbai. These courses have received an overwhelming response from officers and resulted in good job placements in the corporate sector. Other courses are being conducted in multifarious fields like Information Technology, Security Services, Entrepreneurship Development, Business Administration, Personnel Management, Hotel Management, Tourism, Human Resources Development, Law, Insurance and many other short term courses on miscellaneous subjects. Constant endeavour is made to improve the quality of training by regular monitoring. The courses are reviewed every year to include courses in new fields based on the participation in current requirements of civil market and corporate world and also to delete obsolete courses. The booklet/CD on courses are distributed down to unit level and can also be obtained free of cost from Training Directorate of DGR or viewed on DGR web site: dgrindia.com.
Eligibility Conditions.
(a) Permanent commissioned officers - last five years of service (last ten years with NOC from service HQ).(b) Retd officers - within 05 years of retirement, subject to age less than 60 yrs.(c) SSC offrs not sought/granted PC, only in last year of service (any time during extn period for army officers).(d) Re-Employed Officers Not Eligible.
Employment
Security Agencies. The DGR registers/sponsors security agencies for providing security guards to various PSUs and industries in the private sector. The scheme offers good self-employment opportunities to retired officers and adequate employment opportunity to ex-PBORs in a field where they have sufficient expertise. The Department of Public Enterprises (DPE) had issued instructions to all PSUs to get security personnel through DGR sponsored Security Agencies. The scheme has shown good results. Through this scheme about 1800 ESM security agencies have been empanelled and approximately over 1,50,000 ESM have gained employment. Fresh forays have been made into the banking sector with active intercession of the Reserve Bank of India and the Finance Ministry. The RBI has issued instructions that the security of the treasury chests of all Banks in the country be entrusted to DGR sponsored ESM Security Agencies only in the absence of the Banks own integral security.
Officer’s Employment. All officers are advised to register with the DGR for Employment/ Self-Employment Assistance in various schemes and for jobs in Govt/ Semi Govt and private sector. The registration is free of cost and offers a great opportunity to retired officers of all ranks, specially middle level officers, to get themselves sponsored for jobs in Govt/Semi Govt and Corporate Business Houses. To spread awareness about potential in ex-defence personnel, seminars are organized periodically in conjunction with ASSOCHAM/FICCI/CII. The registration forms are available on DGR website - dgrindia.com and is also attached as Appendix ‘K’. Registration can be done in the last year of service.
Self-Employment Schemes As it is not feasible to provide Government jobs to all ex-servicemen after their retirement from the Armed Forces, government has formulated several self-employment schemes for encouraging and giving opportunities to ESM entrepreneurs intending to set up their own ventures.
(a) Coal Transportation Scheme. DGR sponsors Ex-Servicemen Coal Transport Companies for the execution of loading and transportation of coal in various coal subsidiaries of Coal India Limited (CIL). The Unemployed retired officers and JCOs registered with DGR, are selected to form ESM Coal Transport Companies and are sponsored to respective coal subsidiaries for five years, extendable by another four years. Presently, nearly 94 such companies are operating under the various coal subsidiaries of CIL. The functioning of these companies is monitored by DGR.
(b) Coal Tipper Scheme. The widows of Defence personnel, who died while in service due to causes attributable to military service, can be sponsored by DGR for attaching one tipper truck in their name with an ESM Coal Transport Company. Eligible widow/disabled soldier is required to make a deposit of Rs. 85,000/- with any of the nominated coal transport company. The company pays them Rs. 3000/- per month for a period of five years, after which the deposited amount of Rs. 85,000/- is paid back to widow/disabled soldier. The functioning of these companies is monitored by DGR.
(c) Allotment of Oil Product Agencies. Ministry of Petroleum and Natural Gas has reserved 8% of the Oil Product Agencies, i.e. LPG Dealership, Petrol Pumps, Kerosene Distributorship etc. for widows and dependants of those who died due to causes attributable to Military Service and disabled soldiers with disability of 20 percent and above attributable to Military Service. Eligible persons can apply as and when such a vacancy under ‘Defence Category’ is advertised in the newspapers. The DGR sponsors eligible candidates by issuing eligibility certificate to them. Interview is conducted by a Dealer Selection Board constituted by the Ministry of Petroleum and Natural Gas. Final allotment is made by the concerned oil company to the selected candidates.
(d) Management of CNG Stations in National Capital Region (NCR). The scheme for management of CNG stations belonging to Indraprastha Gas Limited was launched as a pilot project in July 2001. The scheme has been extended to retired officers. This scheme is presently available in Delhi only.
(e) Finance (Farm and Non – Farm Sector)
(i)
SEMFEX - II Scheme (From Arms to Farms).
(ii)
SEMFEX - III Scheme (Sena Se Gramodyog).
(iii)
NEF Scheme (Sena Se Laghudyog).
(iv)
Credit Guarantee Fund Scheme.
(v)
Small Road and Water Transport Operators (SRWTO) Scheme.
(vi)
Capital Investment Subsidy Scheme.
(vii)
Scheme for Purchase of Land for Agriculture and Allied Activities.
(viii)
Financial Assistance for Rural Housing.
(ix)
PMRY Scheme for Ex-Servicemen.
(x)
Herbal Farming Scheme for Ex-Servicemen.
Kendriya Sainik Board
Kendriya Sainik Board (KSB) deals with various financial related and personal grievances issues as applicable to the ESM/wards/widows of ESM. The Rajya Sainik Boards and Zila Sainik Boards functioning at state level function under the KSB. It also deals with the allocation of reserved seats for the wards of ESM for admission to professional colleges (MBBS and Engg) and PM Scholarship Scheme.
Assistance and Contact Info
The details of DGR activities are available on DGR website - www.dgrindia.com. The details of training courses and forms etc are also available on the website. DGR publications can be obtained from Publicity Dte of DGR also. Contact Nos. are as given below:-
Training Dte
Emp Dte
Self-Emp Dte
Finance Dte
Publicity Dte
KSB
2619235826192366
26192349
2619235526192357
26192353
26192365
26192360
For further details please contact:-
Director (As Applicable) Concerned Directorate Directorate General Resettlement Ministry of Defence West Block – IV RK Puram New Delhi - 110066
Khadi and Village Industries Commission-KVIC. To assist ex-servicemen, widows and disabled defence personnel in establishing Khadi and Village Industries in rural areas, DGR has formulated a scheme with KVIC. Under the scheme, training and marketing of the product is undertaken by KVIC. The rate of interest for loans taken is 4%.

Wearing of Uniform by retired officers

2009-04-26T19:45:00.000-07:00

(a) All regular officers who have retired from service (including Regular Reserve of officers permitted to retain or granted higher rank on retirement from Regular Reserve of Officers) may wear uniform with badges of appropriate rank on special occasions, such as ceremonial parades, entertainment of military nature and other occasions when wearing of uniform would appear appropriate.
(b) All officers/civilian gentlemen granted honorary commissions (including honorary commission in the Territorial Army and late State Forces), regular officers of the erstwhile State Forces, Junior Commissioned Officers including those granted honorary ranks and other ranks are permitted to wear uniform on all occasions mentioned below: -
(i) Official parties at Rashtrapati Bhawan/Raj Bhawans.
(ii) Invited to official function by Embassy, Delegation or High Commission.
(iii) Army functions including ex-servicemen’s rallies or re-unions.
(iv) Attending durbar or other function in honour of the National Day.
(v) While called upon in aid of civil power.
(vi) While visiting any Military Headquarters on duty.
(vii) While calling on or meeting senior service officers and local heads of the civil administration of and above the rank of Collector/Deputy Commissioner.
(viii) While going to draw pension.
(ix) While serving on the personal staff of a Governor.
(x) When serving on the personal staff of a former ruler (Applies to honorary ex-State Forces Commissioned officers only).
(xi) When attending State or military funerals.
Note : Non-regular officers may wear their full medals or miniatures on civilian dress on occasions specified above.
Types of Dress to be worn. Officers will normally wear the Service Dress of the Regiment/Corps to which they belonged before retirement. Mess Dress may also be worn on appropriate occasion.
Wearing of Badges of Rank. Badges of rank, to be worn by those entitled to use military ranks, will be those of the last substantive rank, except where the higher acting rank has been held for a minimum period of 2 years at the time of retirement or where the use of the honorary/military rank is specifically authorised.

2009-04-15T18:11:00.000-07:00

Sunday Pioneer

Soldiers must vote for rights : Ashok K Mehta

National security, which is rarely discussed in Parliament, has been trivialised at the hustings too

“You sent a Minister with terrorists to Kandahar while we sent commandos to Mumbai.” The debate is in the past tense and in negative.Traditionally defence issues have arisen following military and operational mishaps and not as part of any institutionalised defence and security strategy formulation. Barring the 1971 military success over Pakistan which eventually became a case of battlefield victory turning into political defeat, the record is one of self-inflicted lapses. The premature acceptance in 1948 of a ceasefire in Jammu & Kashmir, the Himalayan blunder of 1962 exacerbated by the no-use of IAF, the strategic folly of returning Haji Pir Pass and Point 13620 in Kargil to Pakistan in 1965, the mindless storming of the Golden Temple in 1984 and even the ill-managed expeditionary force to Sri Lanka in 1987 will all figure in the hall of foul-ups. Nineteen eighty-eight served as a turning point for externally-sponsored low intensity conflict becoming a proxy war. Nuclear tests on the sub-continent a decade later virtually sanitised the proxy war, encouraging Kandahar, Kargil and culminating in Parakram and Mumbai. No war has been fought since 1971 though border skirmishes and terror-related crises have become routine since the late-1980s. India, which has a high grade world’s fourth largest military, is unable to stop cross-border terrorism. The British left us with sound political institutions and systems of governance. But strategic culture and military thought were not among them. For 50 of the 60 years after independence it was during Congress rule, unencumbered by coalition imperatives, that strategic mistakes were made. Ingrained in its leadership and psyche is a strong defensive and passive mentality that infected the military and locked it in an intellectual straitjacket. The economic reforms of the 1990s brought down the defence budget to below two per cent of GDP, emaciating defence preparedness. By the time of Kargil, Army Chief Gen VP Malik had to say: “We will fight with what we have.” The BJP’s performance was a shade better given it arrived with the nuclear bang. Fortunately the after-Kargil report led to a hundred recommendations on defence reform though regrettably, few could be implemented — especially the appointment of Chief of Defence Staff. Although the BJP had a robust defence programme, ‘India Shining’ robbed it of another term to institutionalise them.The worst hit is internal security. Maoists struck thrice in the last week killing 30 security personnel. Prime Minister Manmohan Singh periodically describes Maoists as the single biggest internal threat facing the country. The insurgency in Assam should have been quelled a decade ago once Operation Rhino and Operation Bajrang were launched in the early-1990s, but recent political meddling has undone the gains from Operation All Clear in Bhutan in 2003 that had rooting out ULFA as its objective. Widespread infiltration from Bangladesh, the Congress’s historical vote-bank, has created a grave security threat. This month’s bombing campaign in Assam is ULFA’s signal that it is fit, alive and kicking. The unabated and unresponded spell of terrorist attacks mapping the country and culminating in Mumbai in the last four years has amazed security experts. The Government’s usual reaction has been: “Sorry. But we’re not soft on terror and will give a fitting reply.” The oldest victim of terror has had no counter-terrorism strategy to protect the people of this country. Mumbai and elections have finally forced the Congress to produce its counter-terror document which is Mission Number One and Pledge to Zero Tolerance to Terror. The accent is defensive and reactive, not punitive or preemptive. The BJP is saying it will send troops to Pakistan to stop terrorism. Only a comprehensive Homeland Security model can remove the deficiencies of internal insecurity.National security strategy and defence and perspective plans gather dust since 2007. For the third time, the defence budget has dipped below two per cent of the GDP and Rs 17,000 crore on modernisation has returned to the Treasury over five years which has affected defence preparedness. The IAF has slumped from 39 to 32 squadrons, naval ship strength has declined by a third and the Army is deficient in aviation, artillery and counter-terrorism equipment. The military has lost its conventional edge over Pakistan, worst of all, in Jammu & Kashmir, the theatre of decision. The Sixth Pay Commission was a good opportunity to raise the morale and image of the services, given the shortages in the officer corps. Civilian-bureaucratic stranglehold over adjudicating the status and salary of the fighting forces has led to massive resentment in the ranks. By the Service Chiefs blinking first after a maze of duplicitous committees to redress the anomalies, soldiers have lost to civilian and para-military counterparts — Lt Generals in higher administrative grade, Lt Colonels in pay and grade bands and sepoys in enhanced service weightage for pension. The Government has reasserted civilian bureaucratic control over the armed forces.The one rank one pension issue has demonstrated through the ex-servicemen’s movement that the most obedient and disciplined force can also lose its cool. The Sixth Pay Commission has created four classes within a class: Pre-1966, post-1966 to December 2005, post-January 2006 to September 2008, and post- October 2008. Further, Major Generals are in court as their pension is less than Brigadiers, altogether leading to confusion worst confounded.The ex-servicemen are likely to vote BJP, which has promised not only one rank, one pay but also income tax exempt pay for servicemen. Field Marshal Sam Manekshaw, who gave India under a Congress Government its first military victory in 1,000 years, was not conferred a Bharat Ratna. A country that does not care for the izzat and iqbal (respect and welfare) of the armed forces is harming their apolitical, secular and disciplined disposition.In the military mind and public perception the BJP stands for making India militarily strong though the bigger challenge for a future Government is political will to employ usable military forces to deter and punish cross-border terrorism. National security, especially internal security must be depoliticised and governed by a national political consensus. Defence planning and strategic security culture must be taught to those who represent the people in Parliament. As the political class of India and the people remember its soldiers only during Kargil, Mumbai and tsunami, soldiers and ex-servicemen must vote for their rights

Pay Commission Anomalies: Good read

2009-04-06T22:42:00.000-07:00

Anomalies in Service officers Pay as compared to Civilian OfficersIn the recent months, there had been considerable anger among serving and retired Service Officers as 6th Pay Commission had downgraded the status and pay of Service Officers compared to civilian and IAS/IPS officers. You will be surprised to know that this down grade started in 4th Pay Commission with active participation by our own pay commission cells.Due to their wrong understanding and actions, a distorted version of running pay scales were adopted. This concept was wrongly implemented under the active support of our pay commission cell. The effects of wrong understanding and lack of discussions in open forums affecting the career of many officers had now resulted in measures that down graded our status and pay. Bee Cee, a retired Naval Officer who was associated with Pay Commissions(4 and 5) had written an article how these adverse measures were implemented due to our own failures and lack of understanding.This clip provides the contents of this article.S.Murugan
clipped from www.indianmilitary.infoNot so pragmatic : God save us from ourselves! I stumbled upon your blogsite by chance while passing time post- retirement. It was interesting to see Pay Commissions, Higher Defence Organisation, Status, Top Brass, Oliver Twist, Gen. John Hackett, Colonialism and Indian values, Rand Corpn’s report on the Indian Armed Forces, Civil Military relations, old friend Prakash setting the cat among the pigeons and best of all, Riding a dead horse and of course Mahajan’s quotes. While it is heartening to see that the spirit of discussion remains alive, but the content, especially Gen Surjit Singh’s lament on the CPCs, reminded me of some lines from Roy Campbell, not the musician, but a South African poet of yore.
“You praise the firm restraint with which they writeI am with you there of courseThey use the snaffle and the curb all rightBut where’s the bloody horse”.
Most of these are subjects that one has dealt with, whilst in service, either as part of the job or out of personal interest. While I was quite content to watch from the sidelines what goes on, prodding from some friends who are aware of my views have persuaded me that clearing the air on some facts may minimize this ‘comedy of errors’ that happens every time there is an opportunity for correction.
While I agree that there is little love lost between the bureaucracy and the uniformed personnel, I have no doubt that most of our problems with respect to pay and status are more self-inflicted than otherwise. In that, my views may be closer to yours than that of other bloggers. We can address other issues later.
Institutionally, I think there is some trepidation about subordinates (officers and men) being well-paid. Maybe fears of losing control, indiscipline etc. I don’t see any other reason for the persistent disconnect between public posturing and actual proposals. Incidentally, the Calvin & Hobbes ‘we don’t want to learn anything from this’ was the centre-piece of a presentation by a civilian professor at a Defence College abroad I attended many years ago. That really puts our Pay commission conundrum in perspective. But I am surprised there were not many responses to it.
III CPC. This was remarkable in the sense that they gave the best comparison between the nature of duties of the armed forces and civil services. Pay-wise I don’t think they significantly changed the status quo ante.
IV CPC. The single biggest lowering of the pay and status of Service officers was done at the IV CPC, ironically, at the request of the Services. Without going into lengthy details and figures to buttress the argument, I’ll just say what transpired. Though it is from memory, I won’t be far off the mark.
The pay cells asked for 2Lt to Maj. Gen to be bracketed in the same pay band to ameliorate poor promotion prospects. Why it was called running scale is a mystery to me because it kept Service officers standing whilst others moved ahead by Assured Career Progression (ACP) up to Selection Grade (NFSG). Don’t ask me why it is called selection grade when it is a grade of pay given to the guy who is not selected for promotion. The ACP was available to armed forces also in the pay of Major ( Selection Grade),given to the Major who was not selected for promotion to Lt Col. This I think was an achievement of the Q&M paper of 1982 and few seem to recollect this. The CPC report recommended that the pay of Maj (SG) be done away with in view of the running scale (as requested by Services).
If we had not put up any proposal to the IV CPC, by their own logic, the CPC would have given the Major the same scale as the Director(NFSG) in the 14th year as was done for all the other organized Gp A services with which Service officers are bracketed. But since we insisted on being different, and wanted a rank pay in place of the normal increment on promotion, they succumbed to the demand, merged the civil scales up to NFSG, split it into (pay on running scale plus rank pay) and gave the armed forces the same ACP as available to civilians, but in the form that the services asked for. If you check the figures you’ll find that the Major’s pay, incl rank pay was co-terminus (a term I learned from our pay experts) with the civil NFSG scale. But the running (must have been on a tread-mill) scale slowed progress and rank pay (rankles every time) created an ambiguity on the basic pay for status equations. In other words, the Major who was to be placed in the NFSG scale in the 14th year moved to the minimum (Rank pay is also included in this minimum) of that scale in the 16th 0r 17th year only.
As if this wasn’t enough, Lt Col, Col, Brig and Major General were also sought to be put in the same bracket. The CPC probably had more respect for the Maj. Gen and declined to bring him down, but agreed for Lt Col, Col and Brig who were brought down by 1, 2 and 3 scales respectively and given Rank Pay as consolation.
Instead of seeking to remedy of the situation when the report came out, the Services pay cells appear to have gone on a propaganda blitz, telling everybody that Majors, Lt Cols and Cols were given the pay of Brigs, less rank pay. The only hint of truth in the statement was that the rank pay was an insignificant amount probably less than the amount you would have got if you moved into the next pay scale like civilian counterparts.
The pay-cells managed to sell this idea so well and with fanfare that nobody bothered to check its veracity. Had they done so, it would have been obvious that Brigs, Cols and Lt Cols were actually down-graded to the level of Majors and not the other way around. The equations got further skewed with the SAG II (corresponding to the Brig) of civilians getting ‘upwardly merged’ (The babus come up with interesting terminology if nothing else) with SAG I (Maj Gen/ JS scale).
The relatively lesser damage during fixation of pay was later taken up by Maj. Dhanapalan. While Dhanapalan is right, look at the figures and you can see that the reduction of rank pay was done to keep the scale plus rank pay within the civil ACP.
In fairness to those who steered the case before the IV CPC, there could be some justifications for the situation at the time because the norms for central pay determination were not clearly spelt out. The IV CPC laid down some norms and we should have realized immediately that the running pay scale was a flawed concept and remedied it immediately. Instead we chose to call this disaster, an achievement, and have been repeating it again and again ad nauseum. Institutionally if we cannot see the obvious even after 22 years, it calls for a review of the way Services handle such issues.
V CPC. The V CPC was an opportunity for correction. But we asked for more of the same and literally asked for a reduction in pay vis-à-vis the civil services. I am not being sarcastic, read the Services memorandum to the V CPC. Fortunately for the Services, even the CPC was probably overwhelmed by the sheer size of the memorandum and didn’t bother to read it. Ironically, the graphical representation of the state of affairs in the volume itself showed that the IV CPC was a disaster for the Services, but we asked for more of the same. But by then there was some realization, outside of the pay-cells at Service HQs, that the running pay-scale/ rank pay had done great damage. The main thrust of the Services’ demand to the Anomalies committee post V CPC (Yes, a similar outpouring of indignation was there after V CPC) was to restore the pre-IV CPC pay equations and re-merge rank pay to basic pay. It was of course turned down, mainly on the argument that it was created at the request of the Services.
VI CPC. I have not seen the Services proposal to the VI CPC and don’t want to comment on it, but I suspect someone at the CPC had time to read the Services’ proposals to the V CPC, because most of this lowering of pay and status all are shouting about now, seem to be what we ourselves asked for at the V CPC. I may be wrong, but it seems to me whoever was tasked to look at the Services proposals at the V CPC may have done it at the VI CPC as well and had the time to read the tome we prepared in 1995. This can be easily checked with our pay guys. It may also explain the CPC’s surprise at the reaction from the Services.
I think it was Carl Jung who spoke about every individual having a death-wish. Probably organizations too have it and Indian armed forces reiterate this at every pay commission and every time some old foggies sing paeans about the achievements at the IV CPC. Not only at CPCs, the AVS report formally lowered the Lt Col to NFSG level and our recommended solution for shortcomings in Higher Defence Organisation is to elevate the Defence Secretary from the level of the Vice-Chief to above the CDS. We can expect much hand-wringing and wailing if and when it gets implemented, including from those who signed the report recommending it.
Though I am a bit away from the scene of action, I can lay a safe bet that if we add up our proposals to the IV and V CPCs, and link it with the AVS report; we would generally get what the VI CPC has recommended. Now that the IAS can move to the Maj Gen’s scale in the 14th year, another request of the Services pay cells to the IV CPC, i.e. of bracketing the Major General with the then civilian equivalent of the Major has also been granted.
God save us from ourselves!Bee Ceehttp://pragmatic.nationalinterest.in/2008/05/10/guest-post-not-so-pragmatic/
Posted by Navdeep / Maj Navdeep Singh at 10:45

INDIAN CITIZENs’ / PEOPLEs’ POCKET DIARY TO POLICE LAWS

2009-04-01T05:47:00.000-07:00

INDIAN CITIZENs’ / PEOPLEs’ POCKET DIARY TO POLICE LAWS
Preface: Everyone cherish freedom, be it leftist or rightist, human being or animal being, Prime minister of India or a footpath dweller of Mumbai. The right of personal liberty of every individual is one of the most cherished fundamental right in our Constitution of India.
The post Independence era OF INDIA shows that most of the laws inherited from British Rule that had colonial exploitation as their basis, were left untouched. The present Police Laws indeed so inherited is largely left intact. The modern legal system provides that as soon as an offence is committed the Criminal Law is set into motion, irrespective of the wishes of the injured party.

Although The Police force in India is known for all the wrong reasons- inefficiency, high handedness, brutality, corruption and being politicized, yet, it must also be stated that mere ruthless criticism will not improve Police efficiency for they function with a lot of constraints cannot be lose sight of.

We love to break traffic signals if there are NO watchdogs. We all so afraid of Police, ever thought why? Our watchdogs, our Justice System to check Police is simply absent.
One thing that terrorizes the most to a common man is fear of highhandedness of police who has presumably unbridled power to detain any person though maliciously.
The trauma and agony of an accused Undertrial prisoner and of his family members is beyond to be described and no amount of money compensation can bring back the valuable years of the innocent accused. The damage inflicted by unlawful detention is massive and ruthless. It bleeds the soul of the victim and may occasion the loss of livelihood of a family resulting in trap of ugly poverty.
Last and not the least. The accused is innocent till proven guilty. That ten guilty Man may escape but even one innocent should not be punished. This is the foundation on which the entire criminal Jurisprudence is built upon. That been so, how an innocent accused can be justified in captivity even for a day.
This small literature is aimed at informing Common man about various safeguards provided in law and so as to prevent police acting fanciful.
Citizenry Ignorance is the chief cause of Police causing excesses to them.
Illegal Detentions: A person so arrested / detained illegally even for one hour can file a Complaint against the person for making false Complaint (FIR), including the Police Officer causing illegal arrest/detention.
False Complaints: Where a false complaint been registered against any person, he may register an FIR against that person u/s 182 and 211 of IPC for making false complaint.
IPC Section 182. False information, with intent to cause public servant to use his lawful power to the injury of another person. IPC Section 211. False charge of offence made with intent to injure.
FIR: After a Complaint of an Offence is given, it should be immediately registered and it is the right of the Complainant to receive a Copy of the First Information Report (FIR) or NC (Non Cognizable Offence), as the nature of the complaint suggests. If Police refuses to register Complaint, the same can be sent by Post/ Telegram, to that Police Station or to Superintendent of Police of the district or Commissioner of Police as in Metropolitan cities.
In case of Non Cognizable Offences, after registering the same, since Police do not investigate the case, Complainant must be advised to approach the Magistrate court for further action. The address of Magistrate Court may be obtained from the Police Station itself.
Police cannot evade registering an offence on the plea that they do not have Jurisdiction. It is necessary that Offence is registered and the same is sent to the Police Station concerned.
If Police refuses to register complaint, than a Complaint may be made to Judicial/ Metropolitan Magistrate. There are series of HC and SC judgments wherein they have warned Police that they must register Complaint whoever comes to them.
Very Important: Also, wherever need so arises, relevant section of Indian Penal Code and / or Bombay High Court and Supreme Court Judgments, as stated hereinafter, must be brought before the Police, either verbally or by incorporating the same in written Complaint.

WHO CAN LODGE AN F.I.R.?
(1) Complainant who is an aggrieved person or some body on his behalf.
(2) By any person who is aware of the offence OR who is a witness to any offence.
(3) Provided the person in possession of the hearsay is required to subscribe his signature to it and mention the source of his information so that it does not amount to irresponsible rumors. The rule of law is, if general law is broken any person has a right to complain whether he has suffered an injury or not.
(4) By the accused himself.
(5) By the SHO(Station House Officer) on his own knowledge or information even when a cognizable offence is committed in view of a officer incharge he can register a case himself and is not bound to take down in writing any information. Under the order of Magistrate u/s 156 (3) Criminal Procedure code, when a complaint is forwarded to officer incharge without taking cognizance. If information is only hear say, then SHO should register case only if person in possession of hearsay subscribes his signature to it and mentions the source of his information so that it does not amount to irresponsible rumors. The information must be definite, not vague, authentic, not baseless, gossip or rumors, clearly making out a cognizable case.

WHAT ACTION CAN BE EXPECTED FROM THE POLICE IN NON-COGNIZABLE OFFENCE ?
1. The information regarding non-cognizable offence ought to get lodged in the Daily Diary Register.
2. Complainant ought to get advised & briefed properly to approach the Court.
3. Police officer can not investigate into the Non-cognizable cases without the order of the court hence complainant should be informed.
5. If an order regarding investigation into non-cognizable cases is received, the same procedure should be adopted as in the cognizable cases.
6. Orders of the court should be obtained to arrest the accused in Non cognizable cases after the investigation.
7. If one of the offences in the commission of crime is cognizable office then Non-cognizable offence should also be investigated in the same manner( as Cognizable offences are investigated.

WHAT DOES THE POLICE DO WHEN THE COMPLAINTS ARE DOUBTFUL ?
If the information or other intelligent relating to the alleged commission of a cognizable offence is such that an officer-in-charge of the police station has reason to suspect that the alleged offence has not been committed, he shall record the same in the station diary along with his reasons for not investigating the crime and also nullify the informer.
Inspector or Supervising Officer can direct the investigation in such case and may send the report to the District Magistrate for perusal and order.

Finger Tips:
FIR should be lodged immediately. The longer the delay, the stronger the suspicion. The delay should satisfactorily be explained. Delay, if any, in registering the case should be recorded in FIR.
Written complaint should be taken. But complainant should be specific while giving written statement.
Written statement should be duly signed or put thumb impression.
Only a report of cognizable offence should be lodged in FIR.
Place, Date & Time of occurrence should be mentioned in the FIR.
Arrival & Departure of the informer should be mentioned in the FIR as well as Daily Dairy Register.
Four copies of FIR should be prepared simultaneously by carbon paper process.
FIR should be lodged in neat & clean hand writing and be kept in safe custody being a permanent record.
A copy of FIR should be sent to Magistrate concerned immediately.
A copy of FIR should be provided to the complainant free of cost.
Care should be taken that all the material facts are mentioned in FIR as known to the complainant.
If information is available at the time, Names of the accused persons should occur in F.I.R., if not, FIR can be registered in unknown accused person.
An FIR once registered can only be quashed (cancelled) by High Court concerned.
Police Incorrectly framing FIR: When the victim or anybody on his behalf approaches the Police station to register/ file complaint, whether in the nature of Cognizable offence ( FIR) or Non Cognizable (N.C.) offence, it is the responsibility of police to correctly take down the complaint and thus register FIR or NC as the nature of offence so emerge from the complaint. Also, if the Complaint comprises both Cognizable and non Cognizable offences, then the offence should be treated as Cognizable Offence and thus FIR should be registered. Yet, if Police manipulate with registering FIR to NC or the other way round, then they may be charged with offence u/s 218 of IPC.
A copy of Every FIR or NC so registered by Police must be sent to respective Judicial/ Metropolitan Magistrate within 24 hours so that it cannot be tempered with.
Offence under IPC Section 218. Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture.
Filing Complaint with Judicial/ Metropolitan Magistrate: Where Police refuses to register Complaint, than a Complaint may be made to Judicial/ Metropolitan Magistrate of that area where the incident has took place, directing Police to register FIR and carry out investigation and submit report.
Also, a Person instead of going to Police, may directly approach Judicial/ Metropolitan Magistrate to file an Complaint u/s 190 of CrPC and thus the Magistrate on the merits of the case may direct the Police to register FIR/NC and investigate the case.
Very Important: High Court Criminal Manual Appellate Side- Chapter 3, Section 1A(IIa) mandate that where an Complaint is filed before Judicial/ Metropolitan magistrate, he must hear the complainant and his witnesses within 7 days of filing of Complaint and than pass Orders accordingly.
The details of Judicial/ Metropolitan Magistrate can be obtained from respective Police station or from any Court.
Arrests: The National Police Commission in its Third Report and the Law Commission in Oct 2000 on Law of Arrest have both identified indiscriminate arrests by Police in India is the chief source of Corruption in the Police. The Report, among other things, said, “the Power of Arrest must be used in the rarest of rare cases and not in a routine manner. A mere allegation of Commission of offence cannot constitute ground for arrest. It would be desirable that a Police Officer making an arrest should also record in the case diary, the reason for making the arrest.”
In the historic judgment of Hon SC in D K Basu Vs State of West Bengal, among other things, directed-
1) That Policemen must wear visible and legible identification when arresting a person and when carring out interrogation. Names and Particulars of police personnel handling interrogation must be recorded in the register.
2) It is the right of every person detained or questioned by Police to know the grounds for detention or questioning.
3) The Person arrested must be made aware of his right to have someone informed of his arrest Or detention as soon as he is put under arrest or detention.
4) A person arrested must be produced before a Judicial Magistrate/ Judge within 24 hours of his/her arrest.
5) A person arrested should be medically examined at the time of arrest and major & minor injuries on arrested person be recorded in Inspection Memo duly signed by both Police Officer carrying out the arrest and the person arrested and the copy of this memo be provided to the person arrested.
6) Any person arrested must be medically examined by a doctor from an independent and approved panel of doctors, every 48 hours during detention.
7) Arrest or Search of women should only take place in presence of Women Police Officers and it should not take place in night. And women should be detained separately from men.
8) While an accused is in Police custody, his lawyer should be permitted to visit him.
9) Information of the arrest of accused person should be given to the district Control Room and the State Police Headquarters.
However, this menace is to a substantial extent will dry down in the light of very recent Amendment brought in CrPC 1973 law. President Of India has already given its assent to this Law and it is only need to be notified to be operational.
This newly enacted law will take away the powers of the police to arrest in cases of alleged offences which carry a maximum sentence up to seven years of imprisonment.
Bar associations across the country have been protesting under the pretext that these CrPC amendment (Section 41, CrPC), doing away with mandatory arrest provisions, would remove fear from the minds of criminals who would misuse the provisions under the garb of personal liberty.
“What the bar associations will never tell you is that the police never had the power to make such arrests and that arrest is an exception and not the norm”, Said our new Home Minister Shri P Chidamabaram in an media interview. (Very Important)
Once the law, CrPC (Amendment) Act 2008, becomes effective, the police, instead of arresting the accused, will be obliged to issue him/her a “notice of appearance” for any offence punishable with imprisonment up to seven years. The person can be arrested only if he/she does not appear before the police in response to the notice.
Bails: In case of Bailable offences, it is binding on Police officer to grant bail if the person arrested produces proper surety. In cases of Non Bailable offences, the Police cannot grant bail, the decision is taken by Judicial Magistrate/ Judge only. In such cases the accused may seek bail from Judicial Magistrate/ Judge concerned through his representative/ Lawyer when he is produced within 24 hours of his/her arrest. Also, if he has been subjected to any beating or torture, the same should be brought before the Judicial Magistrate/ Judge.
Police Torture & Brutality: Section 330 and 331 of IPC provide for punishment for voluntarily causing hurt and section 29 of Indian Police Act 1861 provides for imprisonment for offences including unwarranted personal violence to any person in his custody.
In the light of Section 176 of CrPC 1973 Magistrate is bound to investigate every death in Custody.
Even it is mandatory for police to inform State Human Rights Commission or National Human Rights Commission about every custodial death.
Failure to implement strictest of guidelines on law of arrests and on Tortures as laid down by the SC in DK Basu Vs State Of West Bengal will render any Policeman to be hauled for Contempt of Court in any High Court of the Country.
Offences are also classifieds as Compoundable/ Non Compoundable: It implies that offences which can be settled between the accused person and the victim are termed as Compoundable offences; and offences which cannot be settled between the accused and the victim are termed as Non Compoundable offences.
Role of Police in curbing Public Nuisance:
CrPC 1973 Section 133. Conditional order for removal of nuisance (1) Whenever a District Magistrate or Sub-Divisional Magistrate or any other Executive Magistrate specially powered in this behalf by the State Government on receiving the report of a police officer or other information and on taking such evidence (if any) as he thinks fit, consider --
(a) That any unlawful obstruction or nuisance should be removed from any public place or from any way, river or channel, which is or may be lawfully used by the public: or(b) That the conduct of any trade or occupation or the keeping of any goods or merchandise; is injurious to the health or physical comfort of the community, and that in consequence such trade or occupation should be prohibited or regulated or such, goods or merchandise should be removed or the keeping thereof regulated; or(c) That the construction of any building, or the disposal of any substance, as is likely to occasion conflagration or explosion, should be prevented or stopped; or(d) That any building tent or structure, or any tree is in such a condition that it is likely to fill and thereby cause injury to persons living or carrying on business in the neighborhood or passing by, and that in consequence the removal, repair or support of such building, tent or structure, or the removal or support of such tree, is necessary: or(e) That any tank, well or excavation adjacent to any such way or public place should be fenced in such manner as to prevent danger arising to the public: or(f) That any dangerous animal should be destroyed, confined or otherwise disposed of,
Such Magistrate may make a conditional order requiring the person causing such obstruction or nuisance, or carrying on such trade or occupation, or keeping any such goods or merchandise, or owning, possessing or controlling such building, tent, structure, substance, talk well or excavation, or owning or possessing such animal or tree, within time to be fixed in the order-
(i) To remove such obstruction or nuisance; or(ii) To desist from carrying on, or to remove or regulate in such manner as may be directed, such trade or occupation, or to remove such goods or merchandise, or to regulate the keeping thereof in such manner as may be directed; or(iii) To prevent or stop the construction of such building, or to alter the disposal of such substance; or(iv) To remove, repair or support such building, tent or structure, or to remove or support such trees; or(v) To fence such tank, well or excavation; or(vi) To destroy, confine or dispose of such dangerous animal in the manner provided in the said order; or, if he objects so to do, to appear before himself or some other Executive Magistrate Subordinate to him at a time and place to be fixed by the order, and show cause, in the manner hereinafter provided, why the order should not be made absolute.(2) No order duly made by a Magistrate under this section shall be called in question in any civil court.Explanation. A "public place" includes also property belonging to the state, camping grounds and grounds left unoccupied for sanitary or recreative purposes.
(Ordinarily Power of District Magistrate are vested in District Collector. In Metropolitan cities, Commissioner of Police exercises and discharge duties of District Magistrate.)
Indian Penal Code- Section 268. Public nuisance ( Definition of Offence of Public Nuisance) A person is guilty of a public nuisance who does not act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right.A common nuisance is not excused on the ground that it causes some convenience or advantage.
Indian Penal Code- Section 269. Negligent act likely to spread infection of disease dangerous to life
Indian Penal Code- Section 270. Malignant act likely to spread infection of disease dangerous to life
Indian Penal Code Section 283. Danger or obstruction in public way or line of navigation.
Indian Penal Code Section 290. Punishment for public nuisance in cases not otherwise provided for
Indian Penal Code Section 291. Continuance of nuisance after injunction to discontinue. Whoever repeats or continues a public nuisance, having been enjoined by any public servant who has lawful authority to issue such injunction not to repeat or continue such nuisance, shall be punished with simple imprisonment for a term which may extend to six months, or with fine, or with both.
Indian Penal Code- Section 431. Mischief by injury to public road, bridge, river or channel
Indian Penal Code- Section 432. Mischief by causing inundation or obstruction to public drainage attended with damage
Bombay Police Act, 1951, Applicable to whole of Maharashtra, Section 67. Police to regulate traffic, etc., in streets. It shall be the duty of a Police officer-
(a) to regulate and control the traffic in the streets, to prevent obstructions therein and to the best of his ability to prevent the infraction of any rule or order made under this Act or any other law in force for observance by the public in or near the streets;
(b) to keep order in the streets and at and within public bathing, washing and landing places, fairs, temples and all other places of public resort and in the neighbourhood of places of public worship during the time of public worship;
(c) to regulate resort to public bathing, washing and landing places, to prevent overcrowding thereat and in public ferry-boats and, to the best of his ability, to prevent the infraction of any rule or order lawfully made for observance by the public at any such place or on any such boat.

Police Wilful disregard in discharge of his duties, a Criminal Contempt Of Court: The process of administration of justice begins with the violation of a right of a person or the committing of an offence by a person, well before any FIR is filed OR case is registered in the court.
In the light of Contempt of Court Act- Section -2(c ), If Police refuses to register FIR or refuses to investigate the case or refuses to apprehend or arrest offenders or trying to protect the accused or the guilty in any way, than a Criminal contempt of Court u/s 2(c) (III) of the Contempt of Courts Act 1971 can be filed against them for causing obstruction in the administration of justice. However, the element of police acting illegally deliberately and consciously without any justification is essential. "A refusal to see the obvious, a failure to investigate the doubtful if sufficiently gross, furnishes evidence acting deliberately and consciously.
The Contempt Petition is filed in the High Court and the best part is that proceedings have to begin immediately. However, before filing Criminal Contempt of Court Petition, Sanction from Advocate general must be obtained. If they do not give sanction or does not reply within a reasonable time of 30 days, than Contempt petition can be filed informing the Court about sanction not given or no reply received.
Not only the Police but whoever including political interferes in the process of investigation or interferes during the trial of offence in the Court can be charged with obstructing in the administration of justice and thus it constitutes an serious offence of Criminal Contempt of Court. However, for offences which are enumerated in Indian Penal Code cannot become the subject matter of Criminal Contempt Of Court.
Other Offences:
Section 193 to 239 deals with Giving false evidence before Judicial proceedings; fabricating evidence; perjury; false statements; harboring an offender; offering bribery and inducements. The offences are Non Cognizable and Bailable.
IPC Section 153. Wantonly giving provocation with intent to cause riot-if rioting be committed-if not committed.
IPC Section 153A. Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony.
IPC Section 166. Public servant disobeying law, with intent to cause injury to any person.
IPC Section 167. Public servant farming an incorrect document with intent to cause injury.
IPC Section 217. Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture
IPC Section 403. Dishonest misappropriation of property: Whoever dishonestly misappropriates or converts to his own use any movable property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
IPC Section 404. Dishonest misappropriation of property possessed by deceased person at the time of his death.
IPC Section 411. Dishonestly receiving stolen property: Whoever dishonestly receives or retains any stolen property, knowing or having reason to believe the same to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
IPC Section 413. Habitually dealing in stolen property: Whoever habitually receives or deals in property which he knows or has reason to believe to be stolen property, shall be punished with 1[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
IPC Section 420. Cheating and dishonestly inducing delivery of property: Whoever cheats and thereby dishonestly induces the person deceived any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
IPC Section 441. Criminal trespass :Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, Or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit "criminal trespass".
IPC Section 463. Forgery.: [Whoever makes any false documents or electronic record part of a document or electronic record with, intent to cause damage or injury], to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.
IPC Section 503 to 510: Criminal intimidation, insult and Annoyance.
CrPC Section 197. Prosecution of Judges and public servants.
Landmark High Court and Supreme Court Judgments:
(1) “In BOMBAY(Criminal) 08/10/2008 (J-R) APPW/271/2007, a full bench judgment of the Bombay High Court had laid down that cops should register the FIR against the accused person within two days of being informed of commission of any cognizable offence.” The comprehensive judgment, among other things, says that, The law inescapably requires the police officer to register the information received by him in relation to commission of a cognizable offence. Under the scheme of the CrPC, no choice is vested in the police officer between recording or not recording the information received. Link to the judgment: http://bombayhighcourt.nic.in/ordqryfbench_action.php?auth=cGFnZW5vPTUmam9mbGFnPUo= This Judgment of Bombay High Court or Judgments of any High Court can be used in any Court in India.
(2) SC finds illegal detention worse than death: In an important ruling with wide ramifications for individual liberty, the Supreme Court has held that personal liberty is the most important fundamental right of a citizen and illegal detention causes incalculable harm and humiliation to a person. A bench comprising Justices Altamas Kabir and Markandey Katju while quashing the detention order passed by Mumbai Police against petitioner Deepak Bajaj under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 observed, ‘if a person against whom a preventive detention order has been passed can show to the Court that the said detention order is clearly illegal, why should he be compelled to go to jail?’ The imperative necessity to protect those precious rights is a lesson taught by history and all human experience, the bench observed.‘Our founding fathers have lived through bitter years of the freedom struggle and seen an alien government trample upon the human rights of our citizens. It is for this reason that they have introduced Article 21 in the Constitution and provided for the writs of habeas corpus etc,’ they said.Justice Katju, in the 28-page judgement, quoted from the Bhagavad Gita to drive home his point that this dishonour of being sent to jail without any justification is worse than death for a self-respecting man.The apex court while making it clear that restrictions can be placed on these rights in the interest of public order, security of the state and the like, maintained that they are not to be lightly transgressed as individual liberty is an integral part of right to life. Source: UNI
(3) Sc Assails Unexplained Delay In Passing Detention Order: March 16, 2006The Supreme Court has held that unexplained delay in passing the detention order by the authorities is not permissible in law.A bench comprising Mr Justice S.B. Sinha and Mr Justice P.K. Balasubramanyan vide their judgment dated March 10 this year laid down the law while setting aside the impugned detention order passed against an industrialist, Rajinder Arora, whose export house was raided by the Directorate of Revenue Intelligence (DRI) on May 26,2004 and detention order was passed on March 31,2005.The Supreme Court has observed, It is trite law that an order of detention is not a curative or reformative or punitive action, but a preventive action, avowed object of which being to prevent the anti-social and subversive elements from imperiling the welfare of the country or the security of the nation or from disturbing the public tranquility or from indulging in smuggling activities or from engaging in illicit traffic in narcotic drugs and psychotropic substances etc." While commenting on delay, the apex court ruled " that the delay caused in this case in issuing the order of detention has not been explained. In fact no reason in that behalf whatever has been assigned at all and for the reasons abovementioned the impugned order of detention can not be sustained which is set aside accordingly." (UNI)
(4) In Nawabkhan Abbaskhan V. St. of Gujrat , The Hon SC allows every person the discretion to make his own decision and disobey an order of the Govt. if in his opinion violates his fundamental rights or if he believes that such order is made for malafide intentions.
THe Hon. Court said , “the individual decision making by private person of public actions may be considered as a very radical approach .Grave cosequences involved in allowing discretion to disobey , someone may argue, but what is the remedy available to a person who has been subjected to an illegal order ?, Our legal system does not recognize the right to compensation for damage suffered by a person in obeying an illegal order . But if he is turn out to be wrong in his decision , of course he is answerable.”
(5) In Writ Petition (CRL) no 68 of 2008 (Latika Kumar vs. Govt of UP & Others). On 14th July 2008 , Justice BN Agarwal and Justice GS Singhvi " directed, “We feel that it is high time to give directions to Governments of all the States and Union Territories besides their Director Generals of Police/Commissioners of Police as the case may be to the effect that if steps are not taken for registration of F.I.Rs immediately and copies thereof are not made over to the complainants, they may move the concerned Magistrates by filing complaint petitions to give direction to the police to register case immediately upon receipt/production of copy of the orders and make over copy of the F.I.Rs to the complainants, within twenty four hours of receipt/production of copy of such orders. It may further give direction to take immediate steps for apprehending the accused persons and recovery of kidnapped/abducted persons and properties which were subject matter of theft or dacoity. In case F.I.Rs are not registered within the aforementioned time, and/or aforementioned steps are not taken by the police, the concerned Magistrate would be justified in initiating contempt proceeding against such delinquent officers and punish them for violation of its orders if no sufficient cause is shown and awarding stringent punishment like sentence of imprisonment against them inasmuch as the Disciplinary Authority would be quite justified in initiating departmental proceeding and suspending them in contemplation of the same.”
Writ of Habeas Corpus: A Writ Petition can be filed in the High Court under Article 226 of Constitution of India, or in the Supreme Court under Article 32 of Constitution of India, to seek release of a person from unlawful detention, whether by Police or by any private person.
Role of Human Rights Commission: Human Rights Commission play a critical role as far as Police excesses on people are concerned. The basic objective of The Protection of Human Rights Act is to ensure Life and dignity of Life to every individual which is itself guaranteed to every individual by Article 21 of the Constitution of India. Every individual, whether he is Citizen of India or not can avail the benefit of the provisions of the Act. The Commissions are chaired by Retired Chief Justice Of India or the retired Chief Justice of the High Courts and other persons of special knowledge and of high integrity.
Any individual, who is unlawfully, so deprived of his life or liberty or dignity of life, may approach the National Human Rights Commission or the State Human Rights Commission, which are constituted under this Act.
Help of legal expert is not required at all and simple hand written application incorporating the facts and causes is suffice to redress the grievances.
Very few people are aware of their legal rights and very little about their enforcement in Human rights Commission(HRC). The Act also envisages that any individual on behalf of the victim may approach this Commission for the redressal of the grievances of immediate victim.
There is no fee to be paid.
The Commission has enormous powers to give relief to the victims including monetary compensation. The Commission, if necessary, may approach the High Court or Supreme Court on behalf of the victim to give him/her justice.
Section 12 of the Act makes it obligatory on the Commission to take notice of every application so received. Human Rights Commission, in the light of section 12, has Special duty towards Undertrial prisoners.
It is a powerful weapon in the hands of citizen of India and of course this right is available to other persons who are resident of India but not a citizen of India.
National Human Rights Commission is situated at Faridkot House, Copernicus marg, New Delhi. The details of State Human Rights Commission can be obtained from National Human Rights Commission(NHRC) Website. Also, if details of State Human rights Commission are not available, than the complaint may be directed to NHRC and NHRC will transfer the Complaint to relevant State HRC if there exist any in the State. If not, than NHRC will itself proceed.
Role of Legal Services Authorities: Now we come to another Statute and that is The legal services authorities comes into picture to provide free and competent legal services to the weaker section of the society, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.
The National Legal services Authority at the National level, The State Legal services Authority in each State and The District Legal services Authority in each of the districts has been constituted under this Act; The State Govt. may constitute Taluka Legal services Authority in each of the Taluka of the district. The Supreme Court Legal services Committee and The High Court Legal services committee in each State have also been constituted.
The Authorities are chaired by Chief Justice of India, Chief Justice of the High Courts and other senior Advocates.
ENTITLEMENT TO LEGAL SERVICES. Criteria for giving legal services. -Every person who has to file or defend a case shall be entitled to legal services under this Act if that person, is-
(a) A member of a Scheduled Caste or Scheduled Tribe; (b) A victim of trafficking in human beings or beggar as referred to in Article 23 of the Constitution; (c) A women or a child; (d) A mentally ill or otherwise disabled person; (e) A person under circumstances of undeserved want such as being a victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster; (f) An industrial workman; or
(g) In custody, including custody in a protective home within the meaning of clause (g) of section 2 of the Immoral Traffic (Prevention) Act, 1956 (104 of 1956), or in a juvenile home within the meaning of clause (j) of section 2 of the Juvenile Justice Act, 1986 (53 of 1986), or in a psychiatric hospital or psychiatric nursing home within the meaning of clause (g) of section 2 of the Mental Health Act, 1987 (14 of 1987); or [(h) in receipt of annual income less than rupees nine thousand or such other higher amount as may be prescribed by the State Government, if the case is before a court other than the Supreme Court, and less than rupees twelve thousand or such other higher amount as may be prescribed by the Central Government, if the case is before the Supreme Court.] (Rules have already been amended to enhance this income ceiling).
A Person who satisfies any of the criteria specified in section 12 shall be entitled to receive legal services provided that the concerned Authority is satisfied that such person has a prima facie case to prosecute or to defend.
An affidavit made by a person as to his income may be regarded as sufficient for making him eligible to the entitlement of legal services under this Act unless the concerned Authority has reason to disbelieve such affidavit.
Addresses of District Legal Services may be obtained from High Court Legal Services Authorities situated at High Court.
National Legal Services Authority [NALSA]
Member Secretary,12/11 Jamnagar House,Shahjahan Rd,New Delhi-110011. Phone- 011-23386176, 23382778; Fax- 011-23382121.

Accident Victims and Role of Good Samaritan: The Supreme Court in Case No.: Appeal (civil) 919 of 2007, Date of Judgment: 23/02/2007 has ruled that all injured persons especially in the case of road traffic accidents, assaults, etc., when brought to a hospital / medical centre, have to be offered first aid, stabilized and shifted to a higher centre / government centre if required. It is only after this that the hospital can demand payment or complete police formalities. In case you are a bystander and wish to help someone in an accident, please go ahead and do so. Your responsibility ends as soon as you leave the person at the hospital. The Hospital bears the responsibility of informing the Police, giving first aid etc.
Important Voluntary Organizations:
ANHAD: Act Now for Harmony and Democracy. 23, Canning Lane, New Delhi-110001. e-mail: anhad.delhi@gmail.com website: www.anhadin.net Tel: (+91 11) 23070740 , (+91 11) 23070722
CHRI, Headquarter: CHRI New Delhi Office B-117, Second Floor, Sarvodaya Enclave, New Delhi - 110 017 INDIA Tel: +91-11-2685-0523, 2652-8152, 2686-4678, Fax: +91-11-2686-4688E-mail: info@humanrightsinitiative.org
CHRI London Office Institute of Commonwealth Studies, 28, Russell SquareLondon WC1B 5DS, UK Tel: +44-020-7-862-8857, Fax: +44-020-7-862-8820E-mail: chri@sas.ac.uk
CHRI Ghana OfficeHouse No.9, Samora Machel Street Asylum Down, opposite Beverly Hills Hotel, Near Trust Towers, Accra, Ghana. Tel/Fax: +00233-21-271170. E-mail: chriafrica@humanrightsinitiative.org / chri_info@yahoo.com.au / chriafrica@4u.com.gh
Common cause: Common Cause House, 5, Institutional Area, Nelson Mandela Road,Vasant Kunj, New Delhi-110070 Fax/Phone : 2613-1313.
Mail: commoncauseindia@gmail.com
Lok Raj Sangthana: A/ 479 sarita Vihar, New delhi 110076. Cell-098185754359 (Prakash); 09871955730(Pravin) Email: lokrajsangathan@yahoo.com
Transparency International India: Central Office: Q. No.4 Lajpat Bhavan, Lajpat Nagar, 4, New delhi- 110024. Ph. 011 26460826, Telefax: 011 26460825.
Project Office: Balwantray Mehta Vidya Bhavan, ASMA, Greater Kailash 2, New delhi- 110048. Ph. 011 29224519. Email- info@transparencyindia.org
Peoples Union For Civil Liberties (PUCL): 81 Sahayoga apartments, Mayur Vihar - Delhi 110091, India +91-011-2275 0014 (phone); +91-011-4215 1459 pp (fax)
Delhi PUCL Pushkar Raj email: rajpushkar@rediffmail.com
Vadodara13, Pratap Kunj Society, Karelibaug, Vadodara – 390 018Phone : 464210, 462328 Fax No: 340223 email: chinu@wilnetonline.net
Karnataka PUCL Ramdas Rao email: ramdas_rao@hotmail.comInternet list: puclblr-subscribe@yahoogroups.com
Kerala PUCL Vilayody Venugopal-- General Secretary Jacob.v Lazer -- State treasurer email: jacobkaloor@yahoo.co.uk
Maharashtra PUCL S. P. Sathe, President, PUCL MaharashtraMumbai Yogesh Kamdar email: ykamdar@vsnl.com
Orssa: email: pramodini-pradhan@lycos.com
Rajesthan People's Union for Civil Liberties, Rajasthan49, Vivek Nagar, Station Road, Jaipur-302006, phone: 0141/2206139 (Prem Krishna Sharma) , 2591408, 2706483 ( Kavita Srivastava) e.mail: kavisriv@yahoo.com R. Niraimathi, President Namakkal, Phone: (PP Mr. Kanmani) 04288-267676Dr. V. Suresh (address as above), Gen,Secretary: Phone(Off): 044-25392459 or 25392464 (Res):044-24490324 or 24493494.Coimbatore Unit: No. 9, 4th Floor, India Towers, Gopalapuram, Coimbatore- 641 018. Phone: 9842279896; 9443039630 Email: pucl.coimbatore@gmail.com
PUDR: pudr@pudr.org
PUHR: http://en.wordpress.com/tag/peoples-union-for-human-rights/
Complaint to United Nations:
Human Rights Council and Treaties Division:
For complaints to the Human Rights Committee, the Committee against Torture and the Committee on the Elimination of Racial Discrimination, direct your correspondence and inquiries to: Petition Team, Office of the High Commissioner for Human Rights, United Nations office at Geneva, 1211 Geneva 10. Switzerland. Fax: +41 22 91 79022 ( for urgent matters) Email- tb-petitions@ohchr.org
Direct Approach to Chief Justice of High Court or Supreme Court Or any other Justice of any Court: In situation of extreme urgency of life and death, the victims may instead of adhering to procedural formalities may directly approach the Court rooms of Chief Justice or any other Judge of High Court or any other Judge of any Court and apprise the Judge of facts of the case very briefly. However, the discipline of the Court must be maintained while narrating incident. Also, being the watchdog of rights of the people, a telegram to the Chief Justice of respective High Court may be sent apprising him about the violation of human right or excesses of Police if any.
Important Govt Org.
· Ministry of Home Affairs
· National Disaster Management Authority
· National Institute of Disaster Management
· National Foundation for Communal Harmony
Intelligence Bureau
· Border Security Force, Central Reserve Police Force , Central Industrial Security Force, Indo-Tibet Border Police, National Security Guard, Sashastra Seema Bal
· Assam Rifles,
· Bureau of Police Research & Development,
· National Institute of Criminology & Forensic Science
· Central Forensic Science Laboratory
· National Crime Record Bureau
· Directorate of Coordination Police Wireless
· Central Hindi Training Institute
· Central Translation Bureau
· Narcotics Control Bureau
· National Civil Defence College
· Sardar Vallabhbhai Patel National Police Academy
· National Fire Service College
· Inter-State Council Secretariate
· Director General of Civil Defence & Home Guards
· Registrar General and Census Commissioner, India
· Zonal Council Secretariate
· North Eastern Police Academy
· Parliament of India
· Chief Controller of Accounts Org.
· Disaster Management of India
· Department of Justice
· Department of Official Language
· National Human Right Commission
· North-East Council
· C.B.I.
Right to Information & Police: Every action of Police can be monitored with the help of RTI Act 2005. Like investigation so carried out in pursuant to a case, asking copy of FIR or any other document.
Among many other duties of police, important are
(a) promptly to serve every summons and obey and execute every warrant or other order lawfully issued to him by competent authority, and to endeavor by all lawful means to give effect to the lawful commands of his superior;
(b) to the best of his ability to obtain intelligence concerning the commission of cognizable offences or designs to commit such offences, and to lay such information and to take such other steps, consistent with law and with the orders of his superiors as shall be best calculated to bring offenders to justice or to prevent the commission of cognizable offences and within his view of non-cognizable offences;
(c) to prevent to the best of his ability the commission of public nuisances;
(d) to apprehend without unreasonable delay all persons whom he is legally authorized to apprehend and for whose apprehension there is sufficient reason ;
(e) to aid another Police officer when called on by him or in case of need in the discharge of his duty, in such ways as would be lawful and reasonable on the part of the officer aided;
(f) to discharge such duties as are imposed upon him by any law for the time being in force.
The Bombay Police Act 1951, Section 47. The Commissioner or District Superintendent may, on the application of any person, depute any additional number of Police to keep the peace, to preserve order or to enforce any of the provisions of this or any other Act in respect of any particular class or classes of offences or to perform any other Police duties at any place in the area under his charge.

Contact Media for Police Excesses.
The Times of India: Bennett,Coleman & Co Ltd, Times of India Building, Dr D N Road, Mumbai- 400001. Tel- 022-6635 3535; Fax: 022-22731144/1888.
The Indian Express: The Indian Express Online Media (Pvt) Ltd, 9&10, Bhadur Shah Zafar Marg, Express Building, ITO New Delhi -110002. Tel 011-23702086, 09891968097.
DNA: Diligent Media Corporation Ltd, DNA wing, Oasis Complex, Kamla Mills Compound, P B Marg, Lower Parel, Mumbai400013. Tel 022-3988 8888;
The Bombay Samachar: Red House, S A Brelvi Road, Fort, Mumbai-400001. Tel- 022-22853691/ 22851744.
The Asian Age: 145 Mathuradas Mill Compound, Near Sai Mandir, N M Joshi Marg, Lower Parel, Mumbai 400013. Tel 022-2495 5825; Fax- 022- 2496 5847
Hindustan Times: HT Media Ltd, Mahalaxmi Engineering estate, Lady Jamshedji First Cross Road, Mahim-West, Mumbai-400016. Tel. 022-66539200; Fax-022-66539260.
Mid-Day: Mid Day Multimedia Ltd, Peninsulla Centre, Dr S S Rao Road, Opp Mahatma Gandhi Hospital, Parel, Mumbai- 400012. Tel- 022-24197198/99; Fax: 022-24143171.
NDTV: New Delhi Television Ltd, Sumer Kendra, P B Marg, Worli, Mumbai- 400018. Tel- 022-2490 0190, 3043 0000; Fax: 022-24950706.
Star TV: Star News Centre, Off Dr E Moses Road, Mahalaxmi, Mumbai- 400011. Tel- 022-6663 0000/0102; Fax: 022-6663 3030.
ZeeNews: Essel Studio, FC-19, Sector 16-A, Noida - 201301, India Phone:0120- 2511064 – 76

CNN IBN: Global Broadcast News, Express Trade Tower,
Plot No. 15-16, Sector-16A, Noida, Uttar Pradesh,
India – 201301 Phone: +91-120-4341818, 3987777 Fax: 0120-4324106

FORMAT OF THE F.I.R.

Book No. ___________
FORM NO. 24.5 (1)
FIRST INFORMATION REPORT
First Information of a Cognizable Crime Reported under Section 154, Criminal PenalCode
Police Station .................................... District .............................. No ..................

Date and hour of Occurrence .....................
1.
Date and hour when reported
2.
Name and residence of informer and complainant.
3.
Brief description of offence (with section) and of property carried off, if any.
4.
Place of occurence and distance and direction from the Police Station.
5.
Name & Address of the Criminal.
6.
Steps taken regarding investigation explanation of delay in regarding information.
7.
Date and Time of despatch from Police Station.

Signature .......................

Designation ................................
(First information to be recorded below)

NOTE:- The signature of seal or thumb impression of the informer should be at the end of the information and the signature of the Writer of (FIR) should be existed as usual.

FORMAT OF INFORMATION IN CASE OF NON-COGNIZABLE OFFENCES

Under Section 155 Criminal Procedure Code
Book No.______________
Page No.___________

S.No.
Thana District
Date Time Reason
1.
Date & Time of Report

2.
Name & Residence of Complaint

3.
Description of offence with Section

4.
Direction of occurence time & date

5.
Name and Full address of witness

Though due care has been observed, yet some discrepancies may have crept in. The Writer incurs no liability whatsoever, if readers’ incurs any loss of any nature, while using this material. The readers’ may take help of Legal experts where they feel necessary.

Sandeep Jalan,
Janhit Manch, Kuber Bhuvan,
Bajaj Road, Vile Parle West,
Mumbai-400056.
Email- legallyspeaking.jalan@gmail.com, notsolearned@gmail.com,
Date: 30th March 2009.
Also see : BMC / MCGM Contact Details, Central Government Ministries, Maharashtra Government Departments, Maharashtra Ministers Contact Details, Police : News Articles, Legal Resources