OROP :Good news has just come that OROP file has been cleared and OROP has been given political clearance also.

JAI HO
                                                                                                         

 

 

 

 

Dear Members

                   PLEASE HAVE A TOAST

                                     AS

                       OROP IS AT LAST

 

                     A REALITY NOW

                             

 

                             WARNING

 

 

   { PREMATURE BURST OF HAPPINESS CAN BE INJURIOUS TO THE HEALTH. THE PERCENTAGE OF YOUR HAPPINESS WILL BE DIRECTLY SUBJECTED BY THE CONTENTS OF THE FINAL "SMALL PRINT"}

IESM has been spearheading the your fight for OROP. IESM has met almost all the officers in line to sanction OROP, arranged rallies in Delhi and other parts of country, sat on hunger strike, deposited our precious gallantry medals to the President and submitted memos signed with our blood to President and Government. Last but not the least even flexed out muscle of vote power.

 

All these methods put together had their impact and Government both UPA and NDA agreed to grant our long cherished and most deserving demand of OROP. OROP was finally granted by Government in budget presented in 2014. But this was not the final and last step for OROP, in-fact this was the first positive step to OROP. Most of us are unaware of serpentine galleries of Government which a file has to travel for approval.   

 

It has taken more than one year for IESM to convince the powers that be that ESM will not accept any dilution in definition of OROP. Raksha Mantri Mr Manohar Parikkar is a man of principle and he understood the nuances of OROP and also the neglect of ESM since last many decades. He took it upon himself to over rule all objections raised by MOD/CDA/DESW combine about OROP. He approved OROP and sent the file to Finance Minister. 

 

Good news has just come that OROP file has been cleared and OROP has been given political clearance also.  

Mr Nitin Gokhle met RM Mr Manohar Parikkar on 9 Apr 15. RM has confirmed to him that OROP has been approved at all levels and has been given political clearance also. Nitin Gokhle had been cleared by RM to inform the environment.

 

 

Accordingly he sent a message for approval of OROP . His message is repeated below. 

 

---------------------------------------------------------------------------------

 

 

 

April 10, 2015 12:23 IST

Military veterans are finally set to get their dues following Defence Minister Manohar Parrikar's assertion that the 'One Rank One Pension' scheme is just weeks away from being implemented, reports Nitin Gokhale.

The long-pending 'One Rank One Pension,' scheme meant 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, is now weeks away from actual implementation, Defence Minister Manohar Parrikar has said.

Speaking to this correspondent in Delhi on Thursday, April 9, the minister said: "All hurdles, including a political clearance on its financial implications, have been removed. Now the actual calculation and administrative details are being worked out. We are sure to get the scheme rolling in the next few weeks."

Admitting that there is huge scepticism over the implementation of the One Rank One Pension scheme, Parrikar said: "This time we have ensured that nothing goes wrong."

The long-standing demand has been an emotive issue with defence pensioners for almost half a decade with many of them even marching in protest several times to Rashtrapati Bhavan between 2008 and 2010 to return their gallantry medals.

Jai ho

IESM CONVEYS ITS SINCERE THANKS TO THE GOVERNMENT AND RAKSHA MANTRI MR MANOHAR PARIKKAR FOR FULFILLING PROMISE MADE IN THEIR MANIFESTO. 

Dear veterans it is time to celebrate. We can have a drink tonight and celebrate OROP which is likely to see day light after 30 years of struggle. 

Our real struggles starts today as we have to ensure that language of Government notification is not tweaked to take away the advantage of OROP.

ESM's have had very sour  experience in past wherein advantage of Rank Pay and 6CPC were denied to ESM by tweaking few words in the Government letters. This resulted in long court battles which ofcourse have been won by ESM. Armed Forces Hq and all ESM organisations will have to ensure that the Government letter issued is true to spirit of OROP.

 

-------------------------------------------------

VETERANS; THIS HAS BEEN MADE POSSIBLE BY UNITY OF VETERANS FOR OROP. LET US REMAIN UNITED TO IMPROVE CONDITION OF OUR BROTHERS AND SISTERS.

----------------------------------------------------

IESM will report more details as and when received. 

JAI HO

Regards

Gp Capt VK Gandhi VSM
Gen Sec IESM
Flat no 801, Tower N5

Narmada Apartments

Pocket D6 

Vasant Kunj

Nelson Mandela Marg
New Delhi. 110070
Mobile   09810541222

 

 

OROP is our right. Dilution in OROP will NOT be accepted.

 

 

 

 

IF YOU SEE SOMEONE WITHOUT A SMILE GIVE HIM ONE OF YOURS.

 

 

JAI HO

 

 

 

{ PREMATURE BURST OF HAPPINESS CAN BE INJURIOUS TO THE HEALTH. THE PERCENTAGE OF YOUR HAPPINESS WILL BE DIRECTLY SUBJECTED BY THE CONTENTS OF THE FINAL "SMALL PRINT"}

LACK OF VESTED RIGHT OF EFFECTIVE JUDICIAL REVIEW FROM ORDERS OF THE ARMED FORCES TRIBUNAL (AFT)

Dated: 11 April 2015
 

LACK OF VESTED RIGHT OF EFFECTIVE JUDICIAL REVIEW FROM ORDERS OF THE ARMED FORCES TRIBUNAL (AFT)

Dear Veterans
    Letter to Hon’ble Prime minister, Hon’ble Raksha Mantri, Hon’ble Law Minister and three Chiefs dated 11 April 2015 is enclosed herewith for your information and  widest circulation please.

With regards,

                                                            Maj Gen Satbir Singh, SM (Retd)
                                                            Chairman IESM
                                                            Mob: +919312404269+919312404269,0124-41105700124-4110570                                                                 Email : satbirsm@gmail.com

 

 

 

 

8888888888888888888888888888888888888888888888888888888888888888888888888888888888888888888

 

 

 

                                                                   Dated: 11 April 2015

Shri Narendra Modi
Hon’ble Prime Minister of India
Prime Minister’s Office (PMO)
New Delhi – 110 001




Shri Manohar Parrikar                                                                                                                   Hon’ble Raksha Mantri                                                                                                                     104, South Block, New Delhi





Shri. D.V. Sadananda Gowda                                                                                                      Hon’ble Minister for Law & Justice                                                                                              Room No. 401, A Wing, 4th Floor,                                                                                                   Shastri Bhavan,New Delhi  - 110001 


LACK OF VESTED RIGHT OF EFFECTIVE JUDICIAL REVIEW FROM ORDERS OF THE ARMED FORCES TRIBUNAL (AFT)


The Hon’ble Supreme Court on 11 March 2015 pronounced a decision in a case wherein it was held that orders passed by the Armed Forces Tribunal (AFT) would not be challenged by litigants in Hon’ble High Courts but only in the Supreme Court.


The judgement was passed on an appeal filed by the Ministry of Defence (and perhaps also the Army HQ) during the time of the last Government. We also have reasonable information to believe that one of the grounds raised by the MoD/Army in the appeal for denying the right of judicial remedy like other citizens of India was that Fundamental Rights can be restricted/abrogated under Article 33 of the Constitution for defence personnel and hence a judicial remedy under writ jurisdiction of High Court would not be available.


If it is true that this argument was raised by the MoD/Army, then it is the most unfortunate that the system itself is pleading for placing defence personnel on a lower pedestal than other citizens and pleading before the Hon’ble SC that the military community does not deserve the enjoyment of fundamental rights like others.


It is a well known fact that Article 33 only operates during performance of duties to maintain discipline and has no connection with right to access of justice. It is also well known that the majority of cases in the AFT pertain to retired personnel, military widows and their families and hence Article 33 even otherwise has no applicability. This is also against the spirit of Article 39A of the Constitution which underlines equal justice for all citizens.




While in the beginning, there was an attempt to convince us that the decision will lead to ‘quicker’ justice to defence personnel, on closer and deeper examination of the issue, the following real facts and fallouts emerge:

1. There is actually no right of appeal to the Supreme Court from AFT orders as per AFT Act since an appeal only lies in exceptional cases involving ‘point of law of general public importance’ vide Section 31 of AFT Act, hence what has been pleaded before the SC is that AFT should become the court of first instance as well as the court of last instance, leaving defence personnel, veterans and widows remediless since it is well known that 99.9% of cases can never involve ‘public importance’ questions. The decision will not lead to ‘quicker’ justice but in reality remove all chances and channels of challenge/appeal against AFT decisions. Can this bogey of ‘quicker’ justice be raised at the price of fundamental rights of accessible justice and remedy to citizens? 

2. It is well known that almost all such litigants cannot afford litigation in SC due to its prohibitive cost and the aura itself of being the highest court of the country. It is not understood how the defence ministry expects poor litigants including disabled soldiers and widows from all over the country to travel to Delhi and engage lawyers in SC to fight their cases. Most of the cases in the AFT involve issues such as disability benefits, pension, minor allowances, pay fixation, ACRs etc and litigants would now be expected to suffer in silence if they feel that they have not got justice from AFT. 

3.  Defence personnel, veterans, widows and families have been deprived of their basic right of access to justice due to the plea raised by the MoD/Army wherein while all citizens of the country would have access to multiple tiers of justice, not even one tier would be available to us. Even civil govt employees aggrieved by orders of Central Administrative Tribunal (CAT) can approach the HC if they are dissatisfied and then further the SC, whereas similar access has been denied to us and after an order of the AFT even the SC cannot be approached as a matter of vested right unless there is involvement of a point of general public importance. 

4. We hereby express our dismay on the attempt of the official system to convey to the SC that fundamental rights of the military community should be restricted or abrogated. We are disappointed that the system itself by raising the plea of Article 33 is attempting to prove that defence personnel, ex-servicemen and their families are lower than the ordinary person on the street. This will have disastrous consequences in the years to come.







If the MoD/Army makes such averments pleading for taking away the fundamental rights of their own members and former members and their families, then it is extremely unfortunate. 

5.  It is well known that the AFT functions under the control of the MoD and even Members of AFT are appointed by the MoD and selected by a selection committee which has the Defence Secretary as its member. AFT has also not been given civil contempt powers to ensure compliance of its orders. In other words, an ineffectual body has been created which functions under the MoD and then now on the plea of the MoD it has been assured that there is no effective appeal making it an all supreme body. 



In light of the above, while expressing dissatisfaction at the stand and damaging stance of the MoD and the Army in the said case which has led to such a situation, we request you to kindly abrogate Sections 30 and 31 of the AFT Act so that AFT orders can be challenged on the lines of the Central Administrative Tribunal (CAT) thereby making justice accessible and practical for defence personnel, ex-servicemen, widows and their families. 

With regards,


     Maj Gen Satbir Singh, SM (Retd)

      Chairman IESM     

Mob: +919312404269,

 0124-4110570                                     

  Email : satbirsm@gmail.com


Copy to :-
General Dalbir Singh                                               PVSM, UYSM, AVSM, VSM, ADC                                               Chief of the Army Staff   Integrated HQs of  Ministry of Defence (Army) South Block, New Delhi-110011


For information and necessary action please.


Air Chief Marshal Arup Raha                               
PVSM, AVSM, VM, ADC                                                                             
Chief of the Air Staff & Chairman,                             
Chiefs of Staffs Committee (CoSC),                                  
Integrated HQs of Ministry of Defence (Air Force)
Vayu Bhawan, New Delhi 110011


Our request as above.



Admiral R K Dhowan, PVSM, AVSM, YSM, ADC                                                                                                                                    
Chief of the Naval Staff                                                                                 
Integrated HQs of Ministry of Defence (Navy)            
South Block, New Delhi -110011 


 Our request as above.






























 

 

IESM:In service of Indian Armed Forces Veterans & Families

IESM:In service of Indian Armed Forces           Veterans & Families

REPORT MY SIGNAL

 

10 Apr 2015

Dear Veterans,

Jai Hind.

 

 

 

In service of Indian Armed Forces Veterans & Families

Chander Kamboj

---------

 

 

From: bhupendra sharma [mailto:beekay_sharma49@yahoo.co.in]
Sent: 10 April 2015 16:25
To: chander.kamboj@itintellectuals.com
Subject: PROGRESS CONTEMPT PETITION (RANK PAY CASE OFFICERS)

 

Dear Sir,

 

FYI please.

 

WBR,

 

BEEKAY

(Col BK Sharma, President RDOA)

 

"UPDATE CONTEMPT PETITION"

 

Contempt petition  came up  for hearing  in Court No. 3

 

of Hon'ble Mr Justice Anil R Dave & Hon'ble Mr Justice

 

Kurian Joseph  at item  No. 35 today. Additional Solicitor

 

General once again stated that court order has been

 

implemented. Whereas Our advocate vehemently

 

disputed his statement. Court ordered that matter will be

 

heard in detail on 14th July 2015. Kindly wait till then.

.

 

President

 

9871351203

 

 

----------

From: COL H N HANDA [mailto:diwave1@gmail.com]
Sent: 08 April 2015 08:45
To: DELETED

Subject: BROAD BANDING FOR THOSE RETAINED IN SERVICE SUBSEQUENTLY RETIRED_SC DECISION

Understandingly, Disabled Veterans are wondering at the delay in the issue of government orders for broad banding for those retired based on SC Verdict.

 

A MOD letter issued by the Deputy Secretary Legal Shri Arora, is in circulation wherein it is stated that the RM approval has been accorded for the 891 cases or so that had filed and for the pending AFT cases. However if one reads the last line, it indicates that this is to meet the time to execute the order of the SC.

 

On 10th Dec 2014, in a meeting called by the RM where the IESL, AFA Assn and DIWAVE were represented, the issue of the various court cases by disabled Veterans came up. The RM instructed the Secy (ESW) to constitute a team to go into the various legal cases and recommend the action required by the MoD to reduce litigation to the absolute minimum.

 

Soon after the meeting the decision of the SC was announced and DIWAVE, on 13th Dec 2014 wrote to the Secy (ESW), forwarding the 101 page judgment, requested MoD to issue orders for all the disabled subsequently retired from  service.

 

Since then, a number of reminders and telephonic conversations have taken place. We have requested RM for an immediate meeting to resolve various issues of the disabled.

 

There are many, disabled Veterans, who have been approached to file their cases in AFT due to no clear orders and taking Mr Arora's letter as the authority that only those that had filed will receive the BroadBanding.

 

What is forgotten that the SC has also remarked in all cases that the MoD should impart the decision to all to prevent a spade of litigation.

 

Our request is for all effected disabled Veterans to restrain from wasting their money and not get swayed by approaches from interested parties. Wait for the orders that are to be issued.

 

In case the orders do not serve the interests of disabled Veterans, DIWAVE, representing the disabled will file for suitable 

 

 

Col H N Handa

President 

Disabled War Veteran's (India)

B6/6 DLF City, 

Phase 1,

Gurgaon 122002

Tele: 0124-40515700124-4051570

Fax: 0124-4051572

Mob: +919811920190+919811920190

Mail: diwave1@gmail.com

ECHS :IN CASE OF EMERGENCY MEDICAL AID

    ECHS :
IN CASE OF EMERGENCY MEDICAL AID

Dear Veterans

 

This is for those of you who are ECHS members.

 

None of us are getting any younger. As such, there could well be a day when we need to rush to the NEAREST or most convenient hospital which happens to be non-empanelled.

 

Please have a good look at the precise procedure you need to follow to ensure reimbursement of all medical expenses, in that case:

 

 

​

__________________

 

Nec temere nec timide!

 

Wg Cdr CK Sharma

Treasurer, IESM

22nd NDA :: 84th PC

 

The darkest places in hell are reserved for those who maintain their neutrality in times of moral crisis.     Danté

6 CPC: SITREP - ARREARS OF PENSION TO BE PAID

MOD: OBSOLETE & ANTIQUE MINISTRY  STAFFED WITH  SICK MENTALITY      
                                                              -VASUNDHRA
                                                                                                                                                                                                                 


ARREARS OF  PENSION  TO BE PAID  FROM
          01 JAN 2006  TO   24 SEP 2012

Dear Veterans

 

This refers to arrears paid for increase in pension as per recommendations of 6 CPC to all employees of  of central Government w.e.f. 24 Sep 2012. 

 

Government has already paid the arrears to civil employees from 1 Jan 2006. However this was denied to Armed Forces personnel on most stupid ground that the arrears will not be paid to those who had not gone to court. 

 

RDOA had gone to court for arrears to be paid to Armed Forces also. The case was won but the Government decided to file SLP against the SC judgment. The SLP came for hearing on 17 March 15, after many extensions. Honorable SC has declined admission of SLP and asked Government to release payment of arrears w.e.f. 1 Jan 2006 within four months. These arrears are for modified parity in pension paid w.e.f 24 Sep 2012.

 

Government counsel once again told Honorable SC that the arrears w.e.f 1 Jan 2006 will be paid to only litigants. On this plea Honorable SC had said that this will again increase your and our work load because within few days rest of personnel will soon approach SC for the arrears and Government will have to pay. Therefore it is better that the arrears are paid to all personnel of armed forces. 

Government counsel appealed that Government does not have money for such large payment. On this plea again Honorable SC ruled that if Government can loose thousands of crore in coal blocks this payment is chickenfeed infront of that. Hence the arrears will have to be paid within four months.

 

These were oral discussions in the court, we will have to wait for formal order by the Honorable SC and the reaction of Government on the judgment. IESM will go to court on behalf of all personnel of Armed Forces in case Government refuses to pay arrears to all affected Armed Forces Personnel.

 

Please wait for written judgment of Honorable Supreme Court. 

 

Regards

Gp Capt VK Gandhi VSM
Gen Sec IESM
Flat no 801, Tower N5

Narmada Apartments

Pocket D6 

Vasant Kunj

Nelson Mandela Marg
New Delhi. 110070
Mobile   09810541222

 

 

OROP is our right. Dilution in OROP will NOT be accepted.