Thursday, March 26, 2009

Letter to Chiefs of Staff and RM

Dear Members,
As intimated to you, the Supreme Court has decided against the Government in the Maj Generals case but the MOD has yet to release the payment to them. This case also has a direct relationship with the Veterans case for Pension Parity/ OROP.
We have addressed separate letters to the three Chiefs and the RM on this issue. The letter to RM also complains against the failure of the GOI to settle the 4 pending 6PC issues. Copy of the letters are attached for your information please.
Warm regards
Vice Admiral Harinder Singh (Retd)
President
NFDC
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THE NAVY FOUNDATION, DELHI CHARTER
Vice Admiral Harinder Singh (Retd) C 26, Sector 23
PVSM, AVSM Noida 201301
President, 11 Mar 2008
Navy Foundation, Delhi Chapter
53 Kotah House, Shah Jehan Road,
New Delhi 110011



1. You will be aware that the Maj Generals and equivalents had agitated their case before the Punjab High Court and then before the Supreme Court in their quest to get Pension parity with those brethren who retired after 1 Jan 1996 i.e. consequent to the 5th PC. The Supreme Court had given a very favorable judgment on 8 Sep 2008 and the GOI had gone in appeal and the same was again rejected by the same court a few days ago.
2. The SC had concluded that “The larger issue involved is whether there could be a disparity in payment of pension to officers of the same rank who had retired prior to the introduction of the revised pay scales, with those who retired there after”. It also noted that “16. The case of the respondents however, was that in view of the Constitution Bench decision of this court in the DS Nakara and others vs the UOI (1983) 1 SCC 305 the fixation of a cut off date as a result of which equals were treated as unequals, was wholly arbitrary and had been rightfully interfered with by the High Court. One of the questions posed in the aforesaid decision was whether a class of pensioners could be divided for the purpose of entitlement and payment of pension into those who retired by a certain date and those who retired there after. The question was answered by the Constitution Bench holding that such divisions being both arbitrary and unprincipled the classification did not stand the test of Article 14 of the Constitution.”
3. The Supreme Court has directed as follows :-

(a) 25. In our view, it would be arbitrary to allow such a situation to continue since the same also offends the provisions of Article 14 of the Constitution.

(b) 29. The directions ultimately given by the Constitution Bench in the said case in order to resolve the dispute which had arisen, is of relevance to resolve the dispute in this case also.

(c) 31. We, accordingly, dismiss the appeal and modify the order of the High Court by directing that the pay of all pensioners in the rank of Major General and its equivalent rank in the two other Wings of the Defence Services be notionally fixed at the rate given to similar officers of the same rank after the revision of pay scales with effect from 1.1.1996, and, thereafter, to compute their pensionary benefits on such basis with prospective effect from the date of filing of the writ petition and to pay them the difference within three months from date with interest at 10% per annum. The respondents will not be entitled to payment on account of increased pension from prior to the date of filing of the writ petition.

4. Though, over six months have elapsed since the judgment was pronounced, the MOD/GOI have yet to issue the relevant orders and effect payment to the concerned officers and in fact are in contempt of the S Court. This is a sad reflection on the standing of the Servicemen in the mind and eyes of the political class that we are being denied our rightful dues and that have been legally approved. The issue of relevant orders in this case will also have a beneficial effect on the case for Pension Parity, for all Ranks, both Officers and PBORs that we have been agitating for, for some time with out the desired response from the MOD. It may also be added that those retiring after 1 Jan 2006 will also suffer as have those who retired before this date when the next Pay Commission findings take effect a few years down the line.

5. The Veteran’s community solicits your help and support, both officially and personally, in persuading the Raksha Mantri to issue the necessary orders without any further delay. It may be mentioned that these Orders, consequent to a judicial decision, will not be covered under the code of conduct imposed for the forthcoming elections.


To,
Admiral SC Mehta
Chairman COSC and CNS,
South Block,
New Delhi 110011
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THE NAVY FOUNDATION, DELHI CHARTER
Vice Admiral Harinder Singh (Retd) C 26, Sector 23
PVSM, AVSM Noida 201301
President, 11 Mar 2008
Navy Foundation, Delhi Chapter
53 Kotah House, Shah Jehan Road,
New Delhi 110011


1. You may be aware that the Maj Generals and equivalents had agitated their case before the Punjab High Court and then before the Supreme Court in their quest to get Pension parity with those brethren who retired after 1 Jan 1996 i.e. consequent to the 5th PC. The Supreme Court had given a very favorable judgment on 8 Sep 2008 and the GOI had gone in appeal and the same was again rejected by the same court a few days ago.
2. The SC had concluded that “The larger issue involved is whether there could be a disparity in payment of pension to officers of the same rank who had retired prior to the introduction of the revised pay scales, with those who retired there after”. It also noted that “16. The case of the respondents however, was that in view of the Constitution Bench decision of this court in the DS Nakara and others vs the UOI (1983) 1 SCC 305 the fixation of a cut off date as a result of which equals were treated as unequals, was wholly arbitrary and had been rightfully interfered with by the High Court. One of the questions posed in the aforesaid decision was whether a class of pensioners could be divided for the purpose of entitlement and payment of pension into those who retired by a certain date and those who retired there after. The question was answered by the Constitution Bench holding that such divisions being both arbitrary and unprincipled the classification did not stand the test of Article 14 of the Constitution.”
3. The Supreme Court has directed as follows :-

(a) 25. In our view, it would be arbitrary to allow such a situation to continue since the same also offends the provisions of Article 14 of the Constitution.

(b) 29. The directions ultimately given by the Constitution Bench in the said case in order to resolve the dispute which had arisen, is of relevance to resolve the dispute in this case also.

(c) 31. We, accordingly, dismiss the appeal and modify the order of the High Court by directing that the pay of all pensioners in the rank of Major General and its equivalent rank in the two other Wings of the Defence Services be notionally fixed at the rate given to similar officers of the same rank after the revision of pay scales with effect from 1.1.1996, and, thereafter, to compute their pensionary benefits on such basis with prospective effect from the date of filing of the writ petition and to pay them the difference within three months from date with interest at 10% per annum. The respondents will not be entitled to payment on account of increased pension from prior to the date of filing of the writ petition.

4. Though, over six months have elapsed since the judgment was pronounced, the MOD have yet to issue the relevant orders and effect payment to the concerned officers and in fact MOD are in contempt of the Supreme Court. This is a sad reflection on the standing and welfare of the ex-Servicemen with the MOD/GOI, that we are being denied our rightful dues and that too when they have been legally scrutinized and sanctioned. This has serious implications, for if the MOD/GOI, preaching and expecting us to follow the rule of law, do not go by the rule of law, who will, and that is a bad example to the men in uniform who are the one important set of people in this country who respect and follow the law.

5. Needless to say that there has been a constant undermining of the morale, of the serving and the retired community, as they feel ignored and slighted because they do not have the political clout and even those in uniform, who are tomorrows Veterans, are seething at the step motherly treatment by the MOD. The current agitation by Veterans with full support of their peers in uniform, neither brings credit to the Veterans nor to GOI, and does not bode well for the country’s future. Not one of the anomalies that the Hon’ble Raksha Mantri personally, and the Group of Ministers, had promised to settle by Diwali has yet seen the light of day and that speaks for itself.

6. The Veteran’s community solicits the Hon’ble Raksha Mantri’s personal help and support, to issue the necessary orders without any further delay. It may be mentioned that these Orders, consequent to a judicial decision, will not be covered under the Model code of conduct imposed for the forthcoming elections.


.


Mr. AK Antony
Honble Minister for Defence,
South Block, New Delhi 110011

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