NFDC News Letter 01/2009 dated 31 Jan 2009

Dear Members,
Please find the New Letter 01/2009 below dated 31 Jan 2009. The AGM and Gala Dinner is scheduled for 20 Feb 2009 at 1900 hrs at 5 Motilal Nehru Marg, New Delhi. Pls refer paras 3 (a) and (b) below.
Regards

Cdr SS Ahuja (Retd)
NFDC Web Master
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NAVY FOUNDATION DELHI CHARTER
53, Kota House
Shahjahan Road
New Delhi 110011
31 Jan 2009
Tel : 23385822, 23782302 (Ext 153)
E Mail ID navyfoundation_delhi@yahoo.com
Dear Members,
NEWS LETTER No 01 / 2009
1. The Management Committee of NFDC would like to extend their warm and heartiest greetings of the season to all members and their families and wish them a prosperous 2009 filled with joy, happiness and good health.
2. The month of December 2008 has been quite eventful. The following functions were held and we are glad to inform that our members and their spouses attended in large numbers.
(a) Admiral RD Katari Memorial Lecture. This was held on 10 Dec 2008 at the DRDO Bhavan. The occasion was also marked to commemorate the 50th year of Admiral RD Katari taking over as the first Chief of the Naval Staff. The Speaker was Dr Shashi Tharoor, former Under Secretary- General of the United Nations. The Talk was scintillating and the question – answer session was remarkable. The audience was a large cross section of dignitaries including a State Chief Minister, the Army Chief, members of the foreign diplomatic corps and others. We regret some of our guests had to be seated on the upper floor of the auditorium due to the large audience. The Lecture was followed by High Tea.

Dinner Hosted by CNS. The Chief of the Naval Staff hosted a Dinner in honour of Dr Shashi Tharoor, on completion of the Admiral RD Katari memorial Lecture. In the memory of Admiral Katari a Photo Exhibition was arranged at the Dinner venue. A very large number of members of the Navy Foundation Delhi Charter and their spouses were invited amongst other dignitaries.
© Navy Veterans Lunch. The CNS and Mrs Teresa Mehta hosted the Annual Lunch for all retired naval officers and their spouse, on Sunday 04 Jan 2009. This function is indeed a red letter day on the annual calendar for the veterans and was well attended this year too as always.
Forthcoming Events / Functions.
(a) Annual General Body Meeting of Delhi Charter. The AGM of the Delhi Charter will be held on Friday, 20 Feb 2009 at 1900 hrs at 5 MotiLal Nehru Marg , New Delhi. The NOTICE for the AGM is placed at Encl. 1. All members are requested to kindly make it convenient to attend the AGM in large number as important issues will be discussed at the AGM. Ladies are also cordially invited to attend.
(b) Gala Dinner. The Annual Gala Dinner of the Delhi Charter will follow the
AGM on 20 Feb 2009, at 5 MotiLal Nehru Marg , New Delhi commencing 1945 hrs. This will be the first social get to-gether of the NFDC for 2009 and the last event of the winter season, whilst the weather is good. We look forward to maximum attendance by our veterans and their spouses.
Admiral Sureesh Mehta, the CNS and Mrs Mehta have kindly accepted our invitation to Dinner and will grace the occasion, as will a large number of serving senior naval officers.
Highlights. There will be a surprise short entertainment programme, special multi-cuisine catering, besides live band with nostalgic music and gifts for those attending. The Dinner will be at a special price of Rest 350/- per couple and Rest 200/- for single for early bookings against payment by cash/cheque, till 19 Feb 2009. For those making payment at the Dinner venue, the price will be Rest 400/- for couple and Rest 250/- for single. Please confirm your attendance for Dinner at the earliest to enable us to make arrangements for the correct numbers to avoid any wastage or shortages. For veterans constrained for transport needs, a Bus will be arranged from Noida and another from Gurgaon, if there are timely requests.
4. Naval Symphonic Band & Orchestra. A special performance by the Naval Symphonic Band & Orchestra will be held on Saturday, 07 Feb 2009, at 1800 hrs at Siri Fort Auditorium. HE Shri Tejendra Khanna, Hon`ble Lieutenant Governor, Delhi will be the Chief Guest. Attendance is by invitation. Limited number of invitations are available. NFDC members interested to attend the function, may contact JDPS / NHQ Tel : 23010845.
5. Naval Widows Lunch Hosted by Mrs Maria Teresa Mehta, President Navy Wives
Welfare Association. Mrs. Teresa Mehta, President NWWA will host a Lunch for retired
Naval officers wives on Tuesday, 17 Feb 2009 at 1045 hrs at Navy House. If any of the Anubhavi friends who may not have received the invitation, are also requested to join in for Lunch. They may also please contact Tel: 23011307 / 23010980
6. Annual Golf Match Between the Past and the Present. The Golf match between the Serving and the Retired is being scheduled to March 2009. Kindly await further news.
Pension Related
7. 6th Pay Commission Award of Pension. Govt. instructions have already been issued and the respective Banks have credited the revised pensions in the pension accounts of retired Veterans. Some Banks have been quick to do so while the others are in process of doing so. Certain anomalies have been reported and we understand these are being looked into by the Govt. One such major anomaly in the revised pension of Maj Generals/equiv and the Lt Gen./equiv, where they were to get pension less amount than that of Brig./equiv due to non inclusion of Military Service Pay, has been recently rectified by the Govt. In this regard Govt. letter No 17(4)/2008(1)/D(pen)/Policy dated 21 Jan 2009 has been issued. Copy placed at Enclosure 2.The revised pension for the of the pre 1.1.2006 Maj Gen. will now be Rs 26700/- and that of the Lt Gen (other than Vice Chiefs & Army Cdrs) will be Rs 27700/- . At Annexure II (Revised) of this Govt letter dated 20 Jan 2009, is a Table indicating the latest revised pension amounts, rank-wise, applicable to all Commissioned Officers of the Armed Forces.
8 Revision of Pension of Vice Chiefs/Army Cdrs. The PPOs do not indicate the appointment of Vice Chiefs/ Army Cdrs or otherwise. Instructions to this effect are also being issued to Banks to regulate the revised pension as the case may be.
9. Revision of Pension of Pmt. Absorbees in PSUs. Govt Orders for revision of pension of such personnel who had drawn one time lump-sum terminal benefits equal to 100% of their pension at the time of absorption in PSUs and who have become entitled to restoration of 43% portion of pension are being issued separately.

10. 5th PC anomaly for Majors finally resolved (in 2008 - Yes you read that right !!!)
As many members would know, in Feb 2000, it was decided by the govt to sanction a starting basic pay of Rs 13,125 (Rs 11,925 + Rs 1200 Rank Pay) to Majors / Lt Cdrs / Sqn Ldrs as against Rs 12,800 (Rs 11,600 + Rs 1200 Rank Pay) notified earlier vide the relevant SAIs/SNIs/SAFIs pursuant to 5th CPC recommendations. This (the step up) was done to maintain a parity between pay progression of military and civil officers in accordance with the length of service which was a direct result of an anomalous situation which went unnoticed by the 5th CPC. However another anomaly crept out of this already anomalous condition wherein newly promoted Majors were placed in the new Rs 13,125 basic whereas some of their seniors were retained at Rs 12,800. This anomaly has now been rectified by the Ministry of Defence through a letter dated 10th October 2008 vide which a stepping up of the pay of affected officers has been implemented. This stepping up of pay would be applicable to officers promoted to the grade during 01-03-1999 to 28-2-2000. More than the minor anomaly itself, what meets the eye is the fact that it has taken almost 8 years for such an inconsequential anomaly to be corrected. This is the reason why the Services Headquarters are keen on immediate rectification of anomalies of the 6th CPC. If a proactive follow-up is not put in place, then all of you can expect the resolution of the finer 6th CPC anomalies after the 7 PC, maybe !!
11. Pay Band 4. NHQ have received confirmation that the pay-related issue of Commanders has finally been resolved. The Ministry of Defence is to issue NI that would enable almost all Commanders get an enhanced pay band-IV status. Only an insignificant number, who are on deputation to public sector organizations incl Pawan Hans, NHAI etc and covered under different pay scales will not be eligible whilst those in NCC, Ord Factories, DRDO will get. The MoD’s orders clear the confusion that had been created following a note from the Prime Minister’s Office that had allowed enhanced pay band-IV status only to those officers who are in combat or ready-to-combat posts. Pay band-IV status means an increase of the existing pay scales between Rs 10,000-12,000 per month.

12. Flag Rank Pensions. The pension of Generals, who were granted pension lower to that of Colonels, following the implementation of the Sixth Pay Commission has now been enhanced. Further, the new pension of Lieutenant Colonels, who retired prior to January 2006, is expected to be fixed at Rs 25,700 once the notification of their upgradation to pay band-IV comes through. An additional fitment of Rs 3,000 per month to be incorporated in the pensions of Major Generals and Lieutenant Generals, who had retired prior to January 1, 2006, has been sanctioned. A letter from MOD also states that it will be ensured that the pension is not lower than 50 per cent of minimum of pay band-IV plus notional military service pay of Rs 6,000 along with grade pay of Rs 10,000 for Major Generals and Rs 12,000 for Lieutenant Generals. According to new pension scales applicable to pre-2006 retirees, the basic pension for Colonels is now Rs 26,050, for Brigadiers Rs 26,150, for Major Generals Rs 26,700 and for Lieutenant Generals now is Rs 27,700. The basic pension of Major Generals and Lieutenant Generals was earlier fixed lower than Colonels and Brigadiers at Rs 23,700 and Rs 24,700, respectively. This so happened because military service pay is not admissible to General ranks..
A review of the orders issued by the MOD ny Maj Navdeep Singh
13. A copy of the review is placed at Enclosure 3.
Pension for Commodores – Case by Cmde V Nehra
14. Cmde V Nehra had taken up a case with his Bankers for enhanced pension and a copy of his case is places at Enclosure 4 for guidance of members

Other Mail Regarding Pensions
15. Following Documents are attached at Enclosure 5
(a) Corrigendum to MOD letter No, 17(4)/2008(2)/D(Pen/Policy) dated 27 Nov 08 incorporating certain amendments in MOD letter dated 12 Nov 08.
(b) Corrigendum to MOD letter No. 17(4)/2008/D(Pen/Policy) dated 11 Dec 2008 substituting Annexure-II (Revised) for Annexure-II forwarded vide MOD letter dated 11 Nov 08.

16. Supreme Court Judgment. Supreme Court has dismissed the appeal regarding refund of contribution to pre 01 Jan 96 members. However, pre 96 pensioners who have not become members can now become members without paying any contribution.

Brief – Proposed Legal Action
17. SC Judgment on Pay Fixation of Maj Gen/Equivalents pre 6th CPC. Supreme Court had recently, in Oct 08, given its Ruling on the long pending Court case filed by officers of the rank of Maj Gen/Equivalents on the Pay Fixation / Pension for those retired prior to 1.1.96. This judgment has many issues of immediate interest to us particularly to same pension for same rank and length of service.
Some Maj Gens had filed a case in Punjab & Haryana High Court in 2001 and basically contended that a pre-1996 retired Maj Gen holds a rank superior to a pre-1996 retired Brig and should be given a higher pension than the junior rank. The high Court took 4 years to deliver the judgment, upholding Maj Gens' plea. MoD sought leave to appeal (SLP) to Supreme Court (SC) and latter dismissed the SLP on 9 Sep 2008 (total of 7 years), but for a different reason than that given by the High Court. The SC judges modified the HC orders and instead dismissed the SLP on the grounds of Article 14 of the Constitution (equality before law). They said it violates the Constitution if you create "a class within a class" (eg, a Maj Gen retired on 31/12/1995 getting a lesser pension than one retiring on 1/1/1996). The judgment can be interpreted as advocating that all personnel with same rank and service get the same pension. It is not 'OROP' but Maj Gens' case is/was that they should not be paid less, or even equal to a rank, junior to them. It may be clarified that SC in a 5 Judge decision ruled out OROP on the basis that every one in each rank cannot be given the same pension as there are issues such as length of service etc. Therefore use of terminology OROP may be judicially and politically inadvisable.
The relevant part of the judgment is placed at Enclosure 6.

Current Status – Proposed Legal Action.

18. Letter from President NFDC . A copy of the letter written by the President to members of NFDC and forwarded to all members having emailIDs is reproduced at Enclosure 7.

19. Current Status. The President NFDC has been discussing various aspects of the proposed Writ in the SC with lawyers and other ‘Organisations’ fighting for Veterans rights so that we could file a single joint case. The latter may not be feasible due to differing perceptions of the problems and issues involved. In all probability we will file our Writ along with IESM and the same will be filed by the Lawyer who handled the case of the Maj Generals with costs shared. The overall cost is estimated at Rs 5 lakhs plus incidentals. We are also in discussion with the Air Force Association. A brief will be given at the AGM when all aspects of the Case will also be discussed.

ECHS News.
20. Armed Forces Organ Retrieval and Transplant Authority. ( AORTA) The Armed Forces Medical Services, R & R Army Hospital have instituted an appeal for a Pledge for Organ Donation. Those personnel interested in donating any organ upon their demise, may make a pledge accordingly. The relevant Form is placed at Encl 8

21. A Brief on ECHS . A brief on ECHS is placed at Encl 9

Points Made by CNS at Last AGM – Oct 08
22. A brief on points made by the CNS at the Navy Foundation AGM is placed at Enclosure 10

General Issues.

Naval Veterans Settled Abroad
23. At the NFDC, we are considering getting all retired IN officers who have settled abroad and who are not members of any Charter of the Navy Foundation, aware of our website, which is very informative and to keep them posted on general IN happenings thru emailed Newsletters. This should go some way in giving this community that is cut off from the mainstream IN, a feel of the new Navy and reignite and strengthen their bonds with the IN that they all had faithfully and tirelessly served for long periods.
We will appreciate if you could forward names and / or emailIDs of IN Veterans settled abroad and available with you on priority by mail / email or Tel, as we propose to issue the First Newsletter before the next AGM on 21 Feb 09.
Points from RMs Meeting on AF Flag Day Fund
24. A brief on discussions and decisions taken is placed at Enclosure 11.
The National Geographic Channel.
25. The National Geographic Channel will be starting a weekly serial on the Indian Navy, starting at 2100 hrs on 02 Feb 09. You may like to watch this serial please.

CGOMA
26. For over a year now, office bearers of the NFDC have been interacting with CG HQ with the desire of setting up a Navy/ NFDC supported, Officers Institute in collaboration with the Coast Guard on their land. Whilst our request for a full fledged institute has been held in suspended animation, CG Hq have opened a facility similar to that of Kota House and take retired Naval Officers as associate members on similar lines as in Kota House. This facility should go a long way in fulfilling a long felt All retired officers desirous of becoming members of the CGOMA may kindly contact the need of those living in Noida and the numbers of members taken will rise if there are more takers for this offer. This offer is open to all on 'first come first served' basis, so please hurry, why wait.

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To start with, Coast Guard Headquarters has decided to offer associate membership to the retired Naval officers as indicated below:
Sl Category Allocation
(a) Flag Officers (Rear Admirals & above) 05
(b) Commodores/ Captains 10
(c) Commanders and below 20
All retired officers desirous of becoming members of the CGOMA may kindly contact the Commanding Officer, ICGS Delhi at the following address:
Comdt AP Badola, CO, ICGS Delhi,Coast Guard Headquarters, National Stadium Complex. New Delhi 110 001 Tele : 011-23382497 Mobile: 9810593147

27. Salient feature of the Coast Guard Officers Mess Annex rules are at Encl 12.
Top 10 Medical Breakthroughs of 2008 of Interest and Something to Cheer the Veterans

28. A copy of the same is at Enclosure 13.
New Canteen at INS India.

29. Coral Bay, the new INS India Canteen has been inaugurated by the CNS. The main attractions include
(a) Separate, self service, Liquor and Grocery Sections for officers and Sailors
(b) Open on all days except national holidays.
© Separate frozen food, Reebok and United Colors of Benetton Section.
(d) Timings. Monday to Friday 100 to 1330hrs and 1500 to 1700hrs.
Saturdays and Sundays 1000 to 1300hrs.
(e) A new Café has also started functioning close to the rear entrance of INS India for
Those visiting India. Snacks and meals are available in AC comfort.

Writing of a WILL
30. In one our News Letters in 2007, we had dwelt on the importance of writing of a Will. We’ll like to reiterate the point. The Will is the most sought after document immediately after the demise of the person owning any property. The WILL is generally taken too lightly while the person is hale and hearty. In fact members frown upon the very thought of preparing a WILL, and assure each other that the love and affection and cohesiveness within the family is so strong that the bonds of the relationship would not require to be tested by the preparation of this unnecessary document Experience, however, shows the frailty of relationship is exposed immediately the person passes away and it is time to read the WILL. This is sad but too true to be denied.
The Will is an important LEGAL document that has financial, social, sentimental value and encompasses the legal angle to enable proper disposition of property, movable and immovable. The Will must be prepared well in advance, while there is no urgency of time or social pressure and tension in the family heirs. The WILL must be prepared in such detail that it covers the practical angle of implementation of various clauses and the divisibility is manageable while covering the letter and spirit of the contents. This would also ensure the task of the EXECUTORS is simple and not subject to objections with respect to trivial legal procedural formalities.
All WILLS are IRREVOCABLE. In case any WILL is to be revoked or changed or in any way modified, it would be best that the Testator write a fresh WILL and clearly state in the latest WILL that ` All previous WILLS whatsoever, wherever, stand revoked and cancelled` Further this clause must be inserted “This is my last WILL and FINAL WILL and takes precedence over any previous WILLS”
WILL must be registered. A registered WILL takes precedence over any WILL not registered.
31. Condolences. It is with deep regret that we inform the sad and untimely demise of our friends :
Lt Cdr (Retd) BD Jain ( 061295K) on 06 Dec 2008 at Faridabad.
NOK Mrs. Kusum Jain Tel. 0129- 404470 / 981058523
(b) Commodore (Retd) ANP Pillai (50012N) on 07 Dec 2008 at Mumbai
NOK Mrs. Thankamma Pillai Tel. 022-22835028
© Lt Cdr AK Pal (Retd) (00302 K) on 11 Dec 2008 at NOIDA
NOK Mrs. Deepika Pal Tel. 0120-4525459
(d) Rear Admiral (Retd) SS Khanna (00530 B) on 03 Jan 2009 at New Delhi
NOK Mrs. Kumud Khanna Tel. 9810626609
(e) Commander KC Tandon (Retd) (60102W) on 19 Jan 2009 at Noida
NOK Mrs. Rekha Tandon Tel. 0120-4312837
Encl: Three
(VK Thakur)
Commodore (Retd)
Secretary