Consider disabled CPO personnel for alternative employment within the force

In a landmark decision, the Delhi High Court, in Constable Gajendra Prashad Vs UOI, has directed the Ministry of Home Affairs to frame a rehabilitation policy to retain disabled personnel in less exacting duties which do not involve active combat roles.
Following are some excerpts from the progressive judgement which would have far-reaching consequences in all uniformed services :
“It is not in dispute that the medical disability of the petitioner which was opined in the year 2001 continues to be the same and there is no deterioration in the physique or the health of the petitioner. In fact, we must confess, that when the petitioner stood up in court on 4.3.2011 when we heard arguments in the writ petition, we saw him more smart in his turn out vis-à-vis other constables of para-military forces we see in court, who appear before us as litigants, but even as the security personnel deputed in the Delhi High Court complex. Not an inch of fat or flab on the stomach; a slim and trim jawan with a perfect body stood up when we wanted to see the petitioner. Indeed, learned counsel for the respondents was constrained to admit that notwithstanding the loss of a limb, the petitioner has kept himself more than physically fit and we are informed that the petitioner joins the morning drill at the Unit and ensures that his sedentary duties do not make him either dull or a flabby person.”
“The petitioner suffered the disability which placed him in Low Medical Category while performing duties in a hostile condition and there was logic and reason to let the petitioner serve, if he could, on a job where the department lost nothing. Since constables perform duties of a company clerk, why would it be that a physically fit jawan be made to do said duties and not a physically handicapped jawan. It would be a win-win situation. Physically fit jawans would be available for combat duties and those with disabilities, but not of a kind to render them totally unfit, could be accommodate on desk duties. This win-win situation would be in harmony with the concept of a welfare state, which India proclaims to be.”
“We find that the medical board opinion qua the petitioner rendered in the year 2007 continues to be the same as it was in the year 2001. The physical health or the condition of the petitioner has not deteriorated. The disability continues to be the amputation of the right lower limb above the knee and amputation of the left greater toe. If, on the same disability the petitioner was found fit to be adjusted against a lighter duty, we see no reason why he should be boarded out after 6 years. We highlight that the medical board opinion in the year 2007 does not certify or opined that the petitioner was in such Low Medical Category that he could not even perform the duties of a company clerk. Now, jawans are needed to perform wide and varied duties. These may be actual combat. These may be duty as a Sentry at a post. These may be duty in a recreational room. These may be duty as a telephone operator. These may be duty as the dak clerk. Thus, it stands to logic and reason and hence would be a part of fairness in action, a facet of Article 14 of the Constitution, to be observed by the State, that a lowly paid constable at the lowest rung of a Central Para-Military Force who is rendered physically disabled while on active service should be retained in service unless found unfit for any kind of job assigned to constables.”

Jawan caught impersonating Lt-Gen for medical test

Pervez Iqbal Siddiqui, TNN | Mar 28, 2011, 04.14am IST

LUCKNOW: A senior army officer in Bareilly allegedly ordered an army jawan to undergo a medical fitness test in place of himself. The lapse was detected but not before the jawan not only got himself medically examined but also went ahead to sign the document in place of the real applicant, only to vanish into thin air once the fraud was detected.
It all began on Friday morning when two army jawans arrived at Bareilly District Hospital for a medical fitness certificate. After due registration, the jawan -- posing as the applicant seeking the certificate -- appeared before a senior doctor for the check-up only to be declared fit by the attending doctor, who also attested the signature of the applicant seeking the certificate. Finally, when the file reached medical superintendent (MS), Dr Vijay Yadav, he discovered that the photograph of the applicant on the form on which the medical certificate was to be issued did not match the person posing as applicant before him. When a surprised MS questioned the individual if he has signed the document in column meant for the signature and attested photograph of the applicant, the army jawan boldly replied in the positive.
According to Dr Yadav, the application form identified the applicant as Lieutenant General (Lt Gen) PS Tavar, Cantonment, Bareilly. The certificate was reportedly sought for submission with the application for an arms licence. Dr Yadav, reportedly, not only refused to verify the document but, also cancelled the certificate. He then reported the matter to his senior, the CMO, who in turn brought the matter to the notice of the DM.
When contacted on Sunday, Dr Vijay Yadav refused to talk claiming that he had "directions from the top" to keep mum on the issue. CMO Dr A K Tyagi said that he has brought the matter to the notice of DM Anil Garg. The DM, in turn, admitted that the incident had taken place, but he was clear that they were not initiating any action into the incident. "It is for the army to take action," he said. Interestingly, when asked if he had intimated the army authorities about the issue, he hung up saying: "Please get back to me later".
On the other hand, legal experts in Lucknow insist that the incident is a fit case of "fraud'' under the Indian Penal Code, and must not be overlooked merely because it involves a top army officer. "No matter who the person is, if an individual applies for a government verification and presents someone else in his name for the job, it is fraud. There is no way that one can overlook this blatant crime," said senior high court lawyer, Atul Verma. Do you like this story?

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This is a ridiculous rule that we have had for too long....

Court paves way for Army major's marriage to US national

PTI | Mar 25, 2011, 06.40pm IST
MUMBAI: In a relief for a serving major of the Army, the Bombay high court has allowed him to marry his fiancée, who is a US national, and directed the Army authorities to reconsider his resignation request.
Major Yogesh Sayankar had approached the high court last year seeking a direction to the Army to allow his application for premature retirement, so as to facilitate his marriage to Shruti Kulkarni, who is a US citizen.
According to Army rules, a serving officer has to seek permission before marrying a foreign national, and the spouse has to renounce foreign citizenship.
However, Shruti had refused to renounce her US citizenship, so Yogesh sought premature retirement. He also agreed to pay Rs 2,50,000, as expenses incurred by Army on his training. But Army refused his request.
The Army lawyer had argued in the high court that if such pleas were allowed, in future people who wanted to quit army would use this "exit route". There was no way to ensure that person would indeed marry after obtaining premature retirement, lawyer said.
"The apprehension of the Army that Yogesh may not marry after acceptance of resignation can be easily taken care of by accepting his application with effect from the date of his marriage, which is to be held on May 28 this year," the division bench of Chief Justice Mohit Shah and Justice SJ Vazifdar observed on Friday.
"Let them get married. The Army's order of December last year rejecting Yogesh's application is quashed," Chief Justice Shah said while reading out the judgement in court.

Petition by Rajeev Chandrasekhar on Grant of One Rank, One Pension accepted by Petitions Committee of Parliament

I am are pleased to inform you all that the Petitions Committee of Parliament has accepted a Petition presented by Mr. Rajeev Chandrasekhar, Member of Parliament, on Grant of One Rank, One Pension to ex-servicemen and retired defense personnel. The Petition Committee will now meet to discuss the Petition and issue advertisements in leading news papers to seek comments and suggestions from public. The Committee will then consider all letters and suggestions received and take the matter of One Rank, One Pension for consideration.

This Petition by Mr. Chandrasekhar is in continuation of his efforts for the resolution of One Rank, One Pension issue for the armed forces veterans and to address the sense of hurt, injustice and dishonour in the Armed Forces and bring parity in the pensionary benefits for the retired personnel of Armed Forces.

MoD drops use of term PBOR in Armed Forces

The Ministry of Defence has accepted a long-pending demand of ex-servicemen to drop the use of the term ‘Personnel Below Officers Rank’ (PBOR) in official communication.

A letter to this effect has been issued to all command headquarters of the Army, Air Force and Navy.

Henceforth, in official communication, soldiers will be referred as Other Ranks (Sepoy, Naik and Havildar), Junior Commissioned Officers (Hony Naib Subedar, Naib Subedar, Subedar, Subedar Major) and Officers (Lieutenants and above).

Officers are commissioned in forces, so are Junior Commissioned Officers (JCOs). The JCOs also put on stars on shoulders like officers.

The JCOs are Class II gazetted officers and their gazette notification is also signed by the President of India. Some JCOs do take on officer’s duties, responsibilities and also draw officiating allowances for that.