MOD FILES APPEALS AGAINST DISABLED VETERANS

MoD FILES APPEALS AGAINST DISABLED VETERANS DESPITE CONTRARY DIRECTIONS BY THE COAS AND DESPITE LEGAL POSITION SETTLED BY THE SUPREME COURT


The appeal in the SC on 17th Feb 2012 by the Defence Ministry against the enhancement of war-injury pension of 1965 war-hero and former Army Vice Chief Lt Gen Vijay Oberoi has again brought into focus the deep scorn of the MoD’s Department of Ex-Servicemen Welfare (DESW) towards disabled defence veterans. Gen Oberoi is 70% war-disabled and the Chandigarh Bench of the Armed Forces Tribunal (AFT) had granted him enhancement of five percent from 70% to 75%.

The DESW has filed an appeal in the SC despite the fact that the matter has already been settled by the SC in two cases in 2011 in favour of disabled veterans, namely KJS Buttar Vs UOI and UOI Vs Paramjit Singh. The SC refused to grant a stay on the AFT’s decision in Gen Oberoi’s case when the case came up for hearing.

To off-set medical subjectivity, rigidity and mistakes of medical boards, the 5th Pay Commission had introduced broad-banding of disability percentages for calculation of disability pension wherein it was provided that disabilities upto 50% would be considered as 50% for purposes of computation of disability pension, those between 50-75% would be treated as 75% and above 76% would be taken as 100%. This was considered imperative since different medical boards were granting varied percentages for similar disabilities leading to errors.

However while implementing broad-banding, the MoD extended the policy only to those prematurely invalided from service and not to those who had been granted disability pension on completion of terms or on superannuation though the latter were also affected by the same medical subjectivity. This action of MoD was also against existing rules since defence pensionary provisions provide that all personnel released in low medical category were to be deemed as ‘invalided’ for purposes of disability pension.

The AFT’s Chandigarh Bench had ruled in August 2010 that discrimination between invalided and other low medical category personnel was not justified. This was followed by similar favourable judgements by the Supreme Court in 2011 following which the Army HQ and the Chief of the Army Staff had directed that no further appeals were to be filed in SC on similar matters. It may be recalled that it’s the Adjutant General’s Branch which is responsible for taking a decision whether to implement a Court decision or to file an appeal against it.

Despite directions by the COAS and SC judgements, the MoD has gone ahead and filed such appeals, which, ex-servicemen opine, is not only demoralising but shows the convoluted approach of lower bureaucracy which keeps the top brass of the MoD in the dark about the actual position. Veterans feel that rather than amending its arbitrary policies in favour of disabled and war-injured personnel, the MoD is more inclined to pay hundreds of crores of rupees as legal fee to Govt lawyers in the SC out of tax payers’ money. In fact, it is learnt that the former Secretary of DESW, Ms Neelam Nath, had, in 2011, granted an in-principle approval of rectification of the anomaly but the file was given a negative twist by lower-level staff.

Even on other occasions, the Defence Ministry has been clogging the dockets of the SC by filing appeals against verdicts granting disability pension to disabled and war-disabled. Most of the appeals filed by the MoD in the Supreme Court against High Court and AFT decisions relate to handicapped veterans and their claims to disability pension. In many cases, the Ministry fields top govt lawyers including the Solicitor General by spending heavily in issues involving grant of a disability pension amounting to a few hundred rupees. Defence personnel of lower ranks are mostly unable to afford legal help in the SC because of the exorbitant costs involved leading to uncontested decisions at times.

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UPDATE RANK PAY CASE AS ON 18 Jan 2012

Though the case was listed for 18 Jan 2012 in Court no 9, in the Hon'ble Supreme Court, it did not get chance to come up for hearing. Reason: The case which was partially heard yesterday was contd today and took up the whole day for arguments. At the end of the day all cases which were scheduled for 18 Jan 2012 were given fresh date of 21 mar 2012.

Not to be disheartened. Another date!The interest clock is ticking!

ANOTHER SPANNER PROPOSED BY UOI: IV CPC RANK PAY CASE

The UOI has suggested another 'spanner' to cause delay in the IV CPC rank pay case.In its affidivit filed the UOI says that the Central Govt is open and willing to constitute an independent commission headed by a retired judge of the Supreme Court to examine the correctness of the implementation of the recommendations by IV CPC related to rank pay as given in para 28.113 of its report and to make recommendations for further improvements to the proceedure for disbursement of pension to retired Armed forces personnel based on Govt orders subsequent to VI CPC recommendations

THIS IS PURE HOGWASH AND ONLY TO DELAY MATTERS. RDOA IS NOT GOING TO BUY THIS LINE OF ACTION.

Further it says:Apart from the enormous financial implications, actual implementation of the Hon'ble Court's order would involve the following stages;
(a) Revision of pay of offrs on 1/1/1986, 1/1/1996, and 1/1/2006 with simultaneous revision of all pay linked allowances/benefits.
(b) Calculation of DA on slab basis from 1/1/1986 to 31/12/1995 is time consuming
(c) Revision of retirement benefits (gratuity, leave encashment)of offrs retiring after 1/1/1986
(d) Revision of pension on 1/1/1986, 1/1/1996, 1/1/2006.
(e) Revision of family pension based on revision of pension of offr
(f) Payments to be made to legal heirs of deceased offrs
(g) Interest @ 6 % per annum for upto 24 yrs in each case will have to be calculated and paid.
This would be a protracted exercise taking a lot of time and involving huge manpower as each case will have to be examined/ calculated individually.

RDOA comment. UOI is responsible for this faux pas and should do the needful and pay the offrs their legitimate dues. The Court should raise the penalty to 18% for causing unnecessary delays in implementing court orders.

Next hearing is due on 18 Jan 2012

IV CPC RANK PAY CASE:APPREHENSIONS

There seems to be lot of apprehensions on the final outcome of the case as well as continued 'tarikh pe tarikh'.All probable documentary evidence related to the case and the deduction of the rank pay is with the court. The UOI has filed a affidavit as to the method of fixation as asked by the court. In the so filed affidavit there were lot of mis representations which have been countered by RDOA in the form of counter affidavit.These have already been posted on the website of Navdeep.Readers can refresh themselves.There is nothing more/gimmick which can be produced by UOI.All facts and figures are before the court.The court has to finally decide.The SG has not been appearing for reasons best known to him /UOI.RDOA is hopeful that the case will finally be decided on 18 Jan 2012. It is already a decided case as per the order of 08 Mar 2010 of the court. Final call on the appeal of UOI has to be taken by the court.Beyond that it's beating a dead horse.

IV CPC Rank Pay Case Date

TARIKH PE TARIKH. AGLI TARIKH THIRD WEEK OF JAN 2012.
AS ON 22 NOV 2011
Case came up for hearing today 22 Nov 2011 in Court no 10, the Court of Justice RM Lodha & Justice Goakale. The UOI pleaded that the case has been assigned to the Solicitor General (SG) and he only would deal with the case. The SG was not available hence a fresh date be given. The courts would be closed for winter vacation from 15 Dec 11 to 02 Jan 12. First week of Jan earmarked for MISC cases hence case be listed in third week of Jan 2012.

MOTIVATION FACTOR: BAKRE KI MAA KITNE DIN KHAIR MANAYEGI. EK DIN TO HALAL HONA HI HAI.

SO BE IT SO. JAN 2012 NOT FAR AWAY. CHEERS!

IV CPC Rank Pay Anomaly case Update

The case has been scheduled to be heard on 22 Nov 2011 in the Hon'ble Supreme Court as per the advance listing. As a sequel to the last hearing in which it was stated that all pleadings be completed by 14 Nov 11, RDOA has filed a counter affidivit exposing the blatant lies of the UOI filed in its affidavit. Some of these expose have appeared on Maj Navdeep's site.Needless to say the UOI is misleading the court by comparing higher military scales with lowewr civil scales as is evident from the expose given by Maj Navdeep.

Each ‘Rank’ in the armed forces is a promotion by itself in the pyramidcal hierarchy. In no way two or more ranks can be clubbed in the same scale as has been shown in the illustrations. An attempt has been made by the UOI to mislead the Hon.ble Court. It is not only contemptuous but also malicious to down grade the status and pay and allowances of the commissioned officers of the armed forces and should be admonished vehemently.

We do hope that the Hon'ble Court would be able to see through the game plan of the UOI.