PM Modi Promises Solution to One Rank One Pension Issue, Asks Army to be Patient

 This government will find a solution and implement the One Rank One Pension Scheme, Prime Minister Narendra Modi promised the Army this morning on his monthly radio address Mann ki Baat.

Video/Audio: Downloaded, edited and uploaded by: Ramesh H T

"You have been patient for 40 years, wait for some more time. I promise you we will hold discussions and resolve the issue," he said. "Is it not true that the issue has remained unresolved for 40 years? Every government before this one, talked about this, but did nothing?"

"I am not talking as the Prime Minister, I wish to address our forces as a man, from the heart," he said.

This was the second time PM Modi promised action on the issue that had pushed two decorated war veterans to boycott an event attended by Defence Minister Manohar Parrikar last week.  

PM Modi was widely expected to announce it last Monday when he addressed a rally in Mathura in Uttar Pradesh, but he had not.

Wing Commander SD Karnik, a 1971 war veteran, had said he was disillusioned by the non-implementation of the scheme, which is meant to ensure that defence personnel who retire at the same rank and with the same length of service, will get equal pension, irrespective of when they retired.

Mr Parrikar has said the scheme was "was on its way" but he could not promise a date for its implementation.

"Two or three steps remain so can't give you a specific time," he had said. What made it more difficult was that it involved various departments. Sources told NDTV that the file is shuttling between the finance and defence ministries.

Six years ago, the Supreme Court had directed the government to implement the scheme. In February, the court gave three more months to the government, saying non implementation by the end of it will amount to contempt of court. The time limit ends in May.

Courtesy: NDTV

PM Narendra Modi silent on One Rank One Pension, upset defence veterans plan nation-wide agitation

The veterans community of defence services has been sorely disappointed by the absence of any announcement regarding the implementation of One Rank One Pension by the govt after the completion of a year in office. 

The veterans community of defence services has been sorely disappointed by the absence of any announcement regarding implementation of One Rank One Pension (OROP) by the union government after the completion of an year in office and discussions have begun on whether this is the right time to hold a nation-wide agitation to press for the same.

Throughout the day yesterday, there was a buzz of excitement on social media groups as the veterans got the impression that Prime Minister Narendra Modi would make an announcement regarding OROP at his rally in Bareilly. However, no such announcement was made causing consternation among the veterans ranks.

Brig Gurmeet Kanwal (retd), a well known strategic expert tweeted, “All Veterans and those who support them are requested to retweet please… #OROP Prime Minister we are disappointed”. Air Marshal Anil Chopra (retd), member of Armed Forces Tribunal tweeted, “ OROP overtakes DDLJ as the longest running reality show”.

Speaking to The Indian Express, Brig KS Kahlon (retd), President, All Indian Defence Brotherhood, said that non implementation of OROP has caused great amount of resentment among the veterans and they are gearing themselves up for a prolonged agitation to ensure that the government delivers on its promise.

Prime Minister Modi made repeated assurances at many places, and while addressing the troops at the highest battlefield of the world, Siachin, on the eve of Diwali last year, he stated that the order of implementation of OROP had been issued. Defence Minister Manohar Parrikar repeatedly assured the veterans that the NDA government will implement OROP before the government completes a year in office. Unfortunately the government hasn’t lived up to its promise,” said Brig Kahlon.

The veterans had conducted a mass movement during the tenure of the UPA government wherein they had returned their medals to the President and held rallies at Jantar Mantar to force the government to accept their demand of OPRP. According to Lt Col SS Sohi (retd), President of Ex-Servicemen Grievances Cell, the time has come when another such mass agitation may have to be held all over the country again.

We are still willing to wait for a few days more for an announcement in this regard. If by the end of this month if they do not do anything we will go for an agitational approach. There have been several meetings with the defence minister and several promises made but each time the veterans community has been let down. We must take recourse to a more tough approach if we have to force the government to concede to our legitimate demands,” said Lt Col Sohi.

However, Lt Gen Raj Kadyan (retd), a former Deputy Chief of Army Staff and Chairman of Indian Ex-Serviceman Movement was of the view that the hype over the expected announcement by PM was largely “self created”. “We were hoping that the PM would make the announcement but I am of the view that there is no need as yet to hold an agitation. We have waited for 33 years and we should wait for some more time,” he said.

Source: The Indian Express

Under threat of attachment of property, MoD implements 250 AFT judgments

A bench headed by Justice SS Thakur had made it clear that the tribunal would be taking coercive action to get its orders executed.

Faced with the imminent prospect of attachment of properties and salaries of the Ministry of Defence, implementation orders in about 250 cases were placed before the Chandigarh Bench of the Armed Forces Tribunal (AFT) on Monday in petitions pending before the tribunal for non-execution of its judgments.

Some of the judgments, whose implementation orders were produced today, are as old as four years. All judgments pertain to disability benefits for disabled and war-disabled soldiers.

While passing such strong orders for the first time in a bunch of execution petitions last month, a bench headed by the newly appointed judicial member Justice SS Thakur had made it clear that the tribunal would be taking coercive action and invoking the powers of execution under Order 21 of the Code of Civil Procedure (CPC) to get its orders executed, which had not been implemented by the Ministry of Defence.

The Punjab and Haryana High Court had passed an order last year in a Public Interest Litigation titled ‘Maj Navdeep Singh Versus Union of India’ making it clear that the AFT could invoke provisions of Order 21 of CPC to get its orders implemented. Order 21 provides for both detention and attachment of property of judgment debtors. It was brought to the notice of the High Court that “keeping the implementation of judicial orders in suspended animation was an affront to the majesty of law which the Tribunal was duty-bound to protect and was also against the grain of judicial dignity”.

Many organisations, including the All India Ex-Servicemen Welfare Association through its Chairperson, Bhim Sen Sehgal, had repeatedly complained to the defence minister in the recent past regarding the contemptuous behaviour of the Ministry of Defence in not showing due regard to orders of the AFT and for not implementing the same.

The Chandigarh Bench of the AFT was constituted in 2009 and it is stated that more than 70 per cent cases pending before it pertain to non-execution of orders.

The failure to get its own orders implemented by the AFT had remained a sore point with litigants. The tribunal has not been provided with the powers of civil contempt and even an explicit execution procedure had not been provided by the government. The Kerala High Court had however ruled that non-implementation of orders by MoD amounted to criminal contempt since it amounted to interference in administration of justice.

Similarly, the Punjab and Haryana High Court had recorded in its orders that the tribunal could invoke powers under CPC to execute its orders. In a separate judgment, the Punjab and Haryana High Court had also ruled that the AFT should be brought under the Law Ministry instead of the MoD. An SLP filed by the MoD against the shifting of jurisdiction is pending in the Supreme Court.

Source: The Indian Express

Religion in the military workplace

Two religious issues are on the screen in the U.S. Armed Forces. In one, the Air Force has decided not to penalize a major general (who is not a chaplain) for giving a sectarian speech in uniform.

Maj. Gen. Craig Olson gave a 23-minute speech at a [congressionally-suppported] May 7 National Day of Prayer Task Force event in which he said God enabled him to fly aircraft, manage programs worth billions of dollars and sell weapons systems to the Iraqis. 

He also asked the audience to pray for Defense Department leaders, who "need to humbly depend on Christ," and to pray for troops preparing to deploy again so they can "bear through that by depending on Christ."

The speech can be viewed here on YouTube.

In the other case, an enlisted Marine has been convicted of, among other offenses, disobeying an order to remove quotes based on Isaiah 54:17 that she had posted in three places around her government computer. The case is before the U.S. Court of Appeals for the Armed Forces, where a former Solicitor General of the United States is seeking a grant of review to litigate whether the prosecution violates the Religious Freedom Restoration Act. If the court grants review, the case could wind up at the Supreme Court. (Indefensibly, most court-martial appeals never become eligible for Supreme Court review either because they do not meet the jurisdictional threshold for appellate court review under the Uniform Code of Military Justice or, if they do, because the Court of Appeals for the Armed Forces refuses to grant review, thereby placing them beyond the Supreme Court's reach.)

Source: Global Military Justice Reform (globalmjreform.blogspot.in)

One Rank One Pension Cleared in Principle, PM Modi to Take Final Call: Sources

NEW DELHI:  The Centre has in principle cleared the 'One Rank One Pension' scheme for retired armed forces personnel, sources have told NDTV. The government has made a provision for an additional Rs. 8,300 crore for this purpose.

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The scheme, which seeks to ensure that a uniform pension is paid to defence personnel who retire at the same rank with the same length of service, irrespective of their date of retirement, has been a long-standing demand of the over 20 lakh ex-servicemen in the country. Majority of Defence personnel hang up their boots much before 60 years. Also, over the years the disparity in the pension drawn by personnel of same rank who retired for instance a decade ago and those who retire now is substantial.

Demand for One Rank One Pension has been an emotive issue with defence pensioners for long. And, between 2008- 2010 veterans have on several occasions marched to Rashtrapati Bhavan to return their gallantry medals.

Sources say once Prime Minister Narendra Modi is back on May 19 from his three-nation tour, a final round of discussions will take place with him. The official announcement is likely to be made later this month, coinciding with the first anniversary celebrations of the NDA government.

 

The government has already made it clear that One Rank One Pension will be implemented with effect from April 1, 2014.

Courtesy: NDTV

'One rank, one pension' cleared: Parrikar

PANAJI: The much-awaited "one rank, one pension" (OROP) for the armed forces is likely to be cleared in a few days, defence minister Manohar Parrikar said in Goa on Saturday. 

"OROP proposal is in final stage. The defence ministry has approved it and the finance ministry will clear it in a few days," he added. 

He said it is the first time that a clear proposal has been sent to finance ministry on OROP. 

An estimated Rs 8,000 crore is likely to be allocated by the government to fulfill its commitment to the over 25 lakh ex-servicemen, who have been demanding OROP for several years.

Courtesy: Times of India

Three-judge SC bench to hear AFT conflict of interest case on May 6

A three-judge bench of the Supreme Court (SC) will hear the appeal filed by the ministry of defence against an order passed in Navdeep Singh versus Union of India by the Punjab and Haryana high court directing that the control of the Armed Forces Tribunal (AFT) be shifted from the ministry of defence (MoD) to the ministry of law and justice.

The judgement had been rendered on a plea by Major Navdeep Singh that functioning of the AFT under the MoD reflected an acute conflict of interest since all orders of the AFT were to be passed against the MoD. The presence of the defence secretary in the selection committee for appointment of members of the AFT had also been challenged and better facilities and infrastructure were sought for the institution of the AFT and its members.

On the same day, a constitution bench of the Supreme Court is also hearing the challenge by the Madras Bar Association to the composition, structure and control of the National Company Law Tribunal and Company Law Appellate Tribunal. 

The issue of tribunalisation has remained in focus over the past few years with many jurists and litigants raising concern over the lack of independence of tribunals since these function under the parent administrative ministries which are at times the main opposite parties in litigation before such tribunals. The provisions of direct appeals and that too with a limited scope from some of such tribunals to the SC have also received flak on the ground that such provisions attempt to bypass the writ jurisdiction of high courts and at times make appeals inaccessible and unaffordable.

In September last year, a constitution bench of the SC had stuck down the entire national tax tribunal on the ground that jurisdiction of the high court could not be transferred to a tribunal which did not enjoy similar independence and that presence of a party to a litigation in the selection of members would make a mockery of the constitution. It was also held that the National Tribunal Act was the ultimate encroachment on the exclusive domain of the high court.

Courtesy: Hindustan Times