Veterans angry at bureaucrat’s appointment

Art: Shruti Pushkarna

The Indian Ex Servicemen Movement, an organization representing military veterans, has written a strongly-worded letter to Defense Minister AK Antony on Thursday, protesting the employment of a retired Central Secretariat Services bureaucrat by the Kendriya Sainik Board (Central Soldiers’ Board) as an Officer on Special Duty (OSD) in the Pensions Division.

The official, Harbans Singh, retired as Joint Secretary (in situ) Pensions, Department of Ex-Servicemen Welfare (DESW) on March 31, 2011.

What has irked the veterans community is that, after reemployment, his salary is being paid from the Armed Forces Flag Day Fund, which is meant for the welfare of widows of martyrs and disabled soldiers. The sense of anger over this appointment and the use of the fund for the payment of the INR 60,000/- salary and provision of a staff car to the official has been aggravated because veterans have had grievances against him for long.

“How can someone who goes against the interests of ex servicemen and soldiers be appointed to the Kendriya Sainik Board and that too have his salary be paid from the Armed Forces Flag Day Fund?” asks Major General Satbir Singh, who wrote the letter to Antony and is currently the Chairman of the Indian Ex Servicemen Movement.

General Satbir Singh told StratPost that details of the appointment were only discovered recently from the response to a Right To Information (RTI) application. “It has however now appallingly come to notice that the officer has been re-employed to fight court cases against soldiers and disabled soldiers and is being paid salary out of Armed Forces Flag Day (AFDD) Fund which is ironically meant for the welfare of widows of martyrs and disabled soldiers,” he writes in the letter.

Major Navdeep Singh, a lawyer based in Chandigarh, says, “AFFD funds are meant for welfare of martyrs’ families and disabled soldiers, not for employing people and that too for purposes which are against the causes of those very martyrs and soldiers.”

The advocate, who has had many run-ins with the defense ministry over veterans’ pensions and benefits, says, “The DESW should particularly be manned by people who are sensitive to pensioners and disabled personnel, and not those who spread negativity or imbibe an inherent sadistic viewpoint. Also, the defense minister and Secretary ESW should ensure that the views of all stakeholders are taken into consideration before taking any decision and should not be blinded by file notings initiated from down below. ”

A copy of the appointment letter issued by the Kendriya Sainik Board dated January 24, 2013 viewed by StratPost says:

That you will be paid fixed salary at the rate of Rs 60,000/- (Sixty Thousand Only) inclusive of all emoluments per month from AFFD Fund which is not a government fund. Your job is contractual.

A 2011 defense ministry file noting viewed by StratPost refers to the ‘acute shortage of staff in Pension Division’, which has been ‘struggling to cope up with increasing number of court cases’. The noting issued by the DESW says “Post 6th Pay Commission, there has been a large increase in the number of pension grievances. After the setting up of Armed Forces Tribunal, the work pertaining to pension disputes has increased manifold.”

It also says:

It is proposed to appoint Shri Harbans Singh, who retired on 31st March 2011 as JS (Pension) in this Department and has offered his services after retirement….Considering his experience and the senior position handled by him, he may be engaged by KSB on a fixed salary of Rs 40,000/- PM to be met out of AFFD Fund.

General Satbir Singh writes in his letter, “Most of the disputes and anomalies of pensionary provisions have arisen during his tenure and his anti-military veteran views are well known in ex-servicemen circles,” also adding, “He has been illegally re-employed in the Ministry of Defence to fight court cases involving pension and disability pension against soldiers. All files are put up through him and he has also been representing the Ministry of Defense as an Officer on Special Duty (OSD) in various meetings held with various departments. While he is known to be negative to the cause of military veterans, he is still made a part of all official processes and meetings.”

He also pointed out that the official has been ‘employed on the strength of the Kendriya Sainik Board on non-govt contractual employment terms but is actually functioning as OSD in DESW/MoD’. “No advertisement was issued before reemploying him and his reemployment is also in contravention of DoPT Guidelines on reemployment of retired officers as consultants,” he says, adding that the official has also been ‘granted an extension till January 2014′.

Questions to Antony

The veterans body has posed a series of questions to the minister, produced verbatim below:

Under which moral or legal authority has Sh Harbans Singh been appointed as OSD in DESW of MoD to fight cases against pension related litigation of soldiers and disabled/war disabled soldiers and that too by funding his appointment from Armed Forces Flag Day (AFFD) Fund which is ironically meant for welfare of widows of martyrs and disabled/war disabled soldiers?

Under which rule can AFFD funds be used to re-employ a person for fighting against those very military veterans and soldiers for whom AFFD is meant for?

How can a person who has been employed as a non-govt contractual employee of KSB be allowed to actually function as OSD in DESW of MoD?

Under which rule can a non-govt contractual employee of KSB be allowed to sign on, make notes and peruse files of pension related cases of the Government?

Under which rule can a non-govt contractual employee of KSB be allowed to fight cases against defence pensioners in various courts on behalf of MoD/UOI/Govt?

Under which rule can a non-govt contractual employee of KSB be allowed to represent the DESW/MoD in various meetings with various departments?

How was this retired officer re-employed without issuing any advertisement and against DoPT guidelines?

Under which rule has the officer been provided with a Staff Car?

How was Sh Harbans Singh allowed to remain in the MoD from 2003 till his retirement in 2011 and then till date in total contravention of the Rotational Transfer Policy? Why are other CSS officers being allowed to continue in DESW against the said Transfer Policy?

Source: StratPost

Would a separate Pay Commission for the Armed Forces be beneficial, after all?

There are indications that the process for constitution of the 7^th Central Pay Commission may be initiated soon with the background idea that the recommendations are accepted well before 01-01-2016 so as to give effect to the same on the said date.

 

The PMO, after the 6^th CPC fiasco vis-à-vis the defence services, had opined that there would now be separate pay commission for the defence services. Many of us have already started professing for a separate pay commission and the voice is getting stronger by the day.

 

But in the ultimate analysis, we should first ponder over this concept threadbare and reach a considered conclusion whether a separate pay commission would be beneficial or not, and in what form.

 

The greatest fear with a separate panel is that it may result in detached recommendations wherein pay-scales and pension formulae totally different than other central Government employees may be recommended which may ultimately hamper our cause. Also, as pay commissions are only recommendatory in nature, any proactive or progressive recommendations may not ultimately be accepted by the govt. There could be an element of delay as well.

 

So what is the solution?

 

The first and the best solution would be that rather than having a separate pay commission, we insist on proper military representation on the regular pay commission with formal members representing the defence services and veterans. This way, while not being totally disconnected from the civil services, the defence services would be able to have a say as far as uniqueness of military service is concerned.

 

The second solution would be to have a separate pay commission for the defence services which may be constituted only after the main pay commission has submitted its recommendations but with a time bound mandate to offset any kind of delay of release of benefits to defence personnel. It, for example, could be notified that the separate pay commission would submit recommendations within 3 months of the central pay commission and acceptance could be mandated within total of 6 months from the recommendations of the central pay commission, loosely on the lines of pay panels constituted for academicians with support of the UGC. Of course this would not be possible without proper appreciation and notification by the Government.

 

I’m not presenting any solutions but in my humble opinion, veteran organisations should hence hold their horses till the time a considered call is taken on the issue by all stake-holders, which must include veteran bodies, the Services HQ through the COSC and the Government, by properly weighing the pros and cons. It would also be much appreciated if adequately sensitised (and sensitive) officers having expertise in the area are posted on key appointments dealing with the subject rather than based on service profile, ACRs, courses attended or posting profile.

 

I’m sure the current apex establishment understands the importance of expertise and internals rather than ceremonials or externals as far as posting of officers is concerned, and since the hopes this time are very high, attempts must be made to deliver in a deliberated and considered manner.

 

Courtesy: Major Navdeep Singh

Seventh Central Pay Commission (7th CPC) announced

The Seventh Central Pay Commission has been approved.

This time, the pay commission has been constituted three years earlier than due, of course due to obvious reasons.

The pay commission shall have effect from 01 Jan 2016.
 

Various Types of Pensions - 9. Constant Attendance Allowance

Constant Attendance Allowance

Constant Attendance Allowance is sanctioned to an officer for 100% disablement, if in the opinion of IMB/RSMB subject to acceptance by the pension sanctioning authority; he needs the services of a Constant Attendant for at least a period of 3 months subject to the condition that the pensioner actually employs a paid attendant to look after him.

The Constant Attendance Allowance will not be payable for:

      1. Any period during which the pensioner was an inmate or inpatient of a Government institution
          or Hospital.

      2. Any period for which a constant and paid attendant was not actually employed to look after
          him

       3. For the period of re-employment of the pensioner

Rate of Constant Attendance Allowance

Constant Attendance Allowance shall be admissible @ Rs. 3000/- p.m. irrespective of the rank wef 1.1.2006.

IAF rally to create awareness about Air Force among youth

To create awareness about the IAF among youth, the Indian Air Force on Monday flagged off a rally of its young officers under a student interaction drive named 'Guardians of the Sky'.

"The rally of selected IAF officers in customised Gypsies was flagged off by IAF in-charge of personnel Air Marshal P R Sharma. It would cover six cities - Gwalior, Indore, Nasik, Mumbai, Pune and Hyderabad, before being 'flagged in' at Nagpur on October 5 covering 3,000 km," an IAF statement said.

At each location, a multi-disciplinary group of IAF officers would be on hand to interact with students to provide details on career opportunities in the IAF and to answer queries.

The IAF said the drive would provide a great opportunity for students to experience glimpses of the adventurous life that IAF offers and of avenues available as an IAF officer.

Source: Zee News

Various Types of Pensions - 8. Pending Enquiry Awards

Pending Enquiry Award

The Pending Enquiry Award is intended to relieve the financial difficulties of personnel below officer rank & their dependents when such personnel are invalided out of service or die & the invaliding disability or the cause of death is considered prima facie due to military service or is accepted as such by the competent authority with reference to the applicable entitlement rules – under this scheme provisional awards will be made pending completion of the enquiries and other steps which may be necessary before a pension claim can be finally admitted.

Provisional Medical Board is held in case of personnel found suffering from Pulmonary Tuberculosis and Leprosy. Since they need long treatment, they are generally not discharged. These disabilities are accepted at 100% for Pulmonary TB & 20% for Leprosy for one year or so for which PEA, consisting of SE & DE, is sanctioned and payment is made through RO.

On receipt of final medical board proceedings after the discharge, the amount of PEA already paid is recovered through the PPO in lump-sum.

Appeal Cases

An individual may submit two appeals against rejection of disability pension within 6 months from the date of rejection memo

The first appeals shall be referred to the respective Service Headquarters by the Record Office for a decision by Appellate Committee on first appeals. There will be no change in the procedure for handling second appeals and post discharge claims i.e. The second appeal will be considered by the Govt. (Defence Minister's Appellate Committee headed by Raksha Mantri / Raksha Rajya Mantri).  

An Article on Veterans by Ranjana Shahi

By Ranjana Shahi

Friends, do you know that the Indian Government is the only government in the world who files appeals in 90% of the cases against its own disabled soldiers belonging both to military and paramilitary forces!

Do you know that our soldiers (non-commissioned) start retiring after the age of 34-35! Do you know that some of our Disabled Soldiers are boarded out of service by granting a very meager amount of disability pension! Many of such soldiers who are 50% to 100% disabled (including war injured) are thrown out of the service because they have become disabled while serving the nation whereas their civilian counterparts are protected under Section 47 of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 enabling them to earn full pay and allowances during their service and then full pension on retirement!

Let's all stand up and demand dignity and justice for our soldiers, our protectors. Early retirement of defence personnel and the duty of the nation to take care of them:

1. Soldiers are a highly trained and a disciplined manpower, so after their retirement from the forces they should be inducted in the civil sector till the age of superannuation (Lateral Induction). This will benefit the soldiers as well as the government because on one hand the government will get highly trained employees and rather than paying pension to them the government will pay salaries and get quality work in return and on the other hand this will benefit the soldiers with dignified employment as they have nowhere to go after retiring from the forces at a young age.

2. The majority of the disabled soldiers who are low medical category for further service in the Armed Forces are pretty fit for the medical standards of civil jobs hence they should be inducted by the government in the civil sector.

3. Such of the disabled soldiers (especially war injured) who are totally unfit to be re-employed should get the same benefit as their counterparts in civil services i.e. full protection of pay and allowances till superannuation age and then war injury pension thereafter.

One Rank One Pension: The concept of One Rank One Pension (OROP) signifying similar pension for similar ranks with similar length of service should be implemented at the earliest.

LITIGATION AGAINST ITS OWN DISABLED SOLDIERS BY THE GOVERNMENT

Government Should Stop Litigation against Its Own Disabled Soldiers in the Supreme Court once the courts/tribunals below have decided the cases in their favour.

GENDER DISCRIMINATION

Provide permanence to all categories of women officers. In some cases, women officers with even 13-14 years of service are holding the rank of substantive Captain while their male counterparts have achieved the rank of Lt. Col.

SHORT SERVICE COMMISSIONED OFFICERS

While there is a provision of pension after only 10 years of service for civil employees if the government retires them, Short Service Officers of the defence services are released without any kind of pension even after 14 years of service. SSCOs are being denied medical facilities even after an in-principle assent by the Govt. The status and dignity of SSCOs should be protected when they join the civil sector.

ARMED FORCES TRIBUNAL

AFT should be given the power to get its own orders implemented and should not be under Ministry of Defence.

LACK OF ANY MONTHLY SUBSISTENCE TO WORLD WAR II VETERANS

More than 20 lacs Indians were recruited in the defence services during WW-II which is almost double the number of the standing Army of today. Many of such WWII veterans were released from service on reduction of establishment without any pension or monthly subsistence, and without any fault of theirs. Though some State Governments have been benevolent in paying them a small amount per month, no such subsistence is being paid by the central government to such veterans, most of who are in the last stages of their lives. Recently the Kerala High Court had directed a payment of Rs 3000 to such WW-II veterans but interestingly the Minister of defence has implemented the order only for veterans of Kerala (his own state).

PARA MILITARY FORCE

Similarly schemes are required to be implemented and taken up with the State Governments to make reservations for the Central Paramilitary Personnel who are boarded out as low medical category. Medical treatment post retirement and welfare akin to the Defence Service Welfare Department in States for the Retired Ex Paramilitary Personnel.

Various Types of Pensions - 7. Adjudication of Disability Pension Claims

Adjudication of Disability Pension Claims

Findings of medical board regarding atributability /aggravation and adjudication of disability pension claims due to injury/disease are now regulated under Govt. of India MOD No. 1(2) /2002/D(Pen-C) dated 01.09.2005 & 31.05.2006 as under:

(i) Injury Cases

Decision regarding attributability/ aggravation in injury cases would be taken by OIC , Records in Army, navy and Air Force.

The assessment with regard to percentage of disability as recommended by the Invaliding/ Release Medical Board as approved by next higher medical authority would be treated as final unless the individual himself requests for a review. the approving authorities i.e., O I/C Records can also get the individual re-examined by a Review Medical Board, in consultation with DGAFMS, if in their opinion the assessment of percentage of disability made be IMB/RMB is abnormally high or low.

Approving Authority for Medical Board

Medical Board proceedings in respect of PBOR will be approved by the next higher medical authority than the one which constituted the Board. Hence approving authority will judiciously examine the percentage of disability recommended by Medical Boards before approval. In case, approving authority feels that the assessment is abnormally high or low, approving authority will refer the proceedings back to the medical Board for necessary rectification. If required, he may physically examine the individual or get his re-examination to arrive at the correct decision.

(ii) Disease Cases

Attributability/aggravation in respect of cases of invalidment arising from various diseases shall be taken by OIC , Records in Army, navy and Air Force in case of doubt, the case will be referred to DGAFMS for advice. The assessment and the period of assessment with regard to percentage of disability as recommended by the IMB/RMB and as approved by next higher medical authority in respect PBOR would be treated as final, unless the individual himself requests for a review, except in cases of diseases which are not of permanent nature or approving authority have any doubt. In both the cases the individual will be examined by a Review Medical Board to be constituted by DGAFMS. The opinion of the Review Medical Board will be final.

(a) Where disability is permanent in nature

The assessment with regard to percentage of disability as recommended by the IMB/RMB and as approved by next higher medical authority in respect PBOR would be treated as final and for life unless the individual himself requests for a review, except in cases of diseases which are not of permanent nature.

(b) Where disability is not permanent in nature

Initial assessment will be made for specified time frame. The individual will be assessed to report for a review after specified time frame. Assessment made by Reassessment Medical Board during this review will be final and for life unless the individual himself seeks for review. This review will be carried out by a Review Medical Board constituted by DGAFMS and percentage of disability assessed by Review Medical Board will be final.

Various Types of Pensions - 6. Disability Element on Retirement/Discharge

Disability Element on Retirement/Discharge   Where an Armed Forces personnel is retained in service despite disability and subsequently retired/ discharged on completion of tenure or on attaining the age of retirement, he shall be entitled to D.E at the rate prescribed for 100% disablement. For disablement less than 100% but not below 20%, the rates shall be reduced proportionately. No disability element shall be payable for disability less than 20%.

Untenable Claims For Disability Pension   a.       when personnel seeks voluntary retirement /discharge at his own request, except the voluntary retirement within one year of date of discharge/retirement for the purpose of gaining higher commuted value. However this clause has been withdrawn wef 1.1.06.   b.      When a personnel is dismissed being undesirable soldier on administrative/disciplinary grounds.   c.       In the cases where disability is neither attributable to nor aggravated by military service.   d.      Disability accepted less than 20% in normal discharge cases (other than Invalidment).   Disability pension on Voluntary retirement   Armed forces personnel who are retained in service in despite of disability, which is accepted as attributable to or aggravated by military service and have forgone lump-sum compensation in lieu of that retirement / discharge from service on or after 01.01.2006 whether voluntary or otherwise in addition to retiring / service pension or retiring / service gratuity.