O.R.O.P.: CALLING ALL ESM ORGANIZATIONS

   CALLING ALL ESM ORGANIZATIONS
               
 IT IS NOW OR NEVER

Indian Ex Servicemen Movement

Anil Kaul posted in Indian Ex Servicemen Movement       Anil Kaul   CALLING ALL ESM ORGANIZATIONS IT IS NOW OR NEVER Dear All,  The long overdue and repeatedly promised announcement of the acceptance of OROP has not happened. Despite repeated assurances from the highest in the hierarchy both civilian and in uniform the ESM community has been left in the lurch once again. It seems that our voice has not been heard in the required quarters. Obviously we do not count in their scheme of things and are considered as a “Use & Throw” item. The aspirations and hopes of 28 lakh ESM & 6 Lakh widows have been dashed into the dust.  Where do we go from here?  Numerous letters, delegations, protests and deliberations over the last four decades have come to naught. The political class ably supported by the bureaucracy has quite adroitly stymied all our efforts to get our just dues. Perhaps it is a factor of our adherence to civility, discipline and decorum that has been misconstrued as subservience. It is time we got our act together and rose as one akin to the legendary phoenix to ensure that what is just has to be a must.  It is the duty of the present lot of ESM leading the charge to take action for the sake of our predecessors and those who will follow us. History will never forgive us were we to fail to deliver at this juncture.  In order to take this forward, culminating in a nationwide agitation, IESM is convening a meeting of all stake holder ESM organizations on Saturday 6th of June 2015 at 1100h at the committee room of DSOI Dhaula Kuan New Delhi. Ironically on the 71st Anniversary of D-Day. Let us leave aside our differences real or perceived and get together to chalk out to finalise our plan to make the powers that be relent and yield to give justice to the one community that has held this nation together through thick and thin over the last 67 years at great cost in terms of lives lost, bodies maimed and families dismembered. We implore all organizations irrespective of rank, service or region to join by sending at least one if not two representatives to this conclave.  Let 6/6/15 be our D-Day. We look forward to your active participation. A line in confirmation will be greatly appreciated, Please mail your responses to the following id kaulanilvrc@yahoo.co.in. by 03 Jun 2015 to allow us to make proper arrangements at the venue.  VK Gandhi Gp Capt Gen Secy IESM For Chairman & all members of the Governing Body

O. R. O. P : ‘One Rank- One Pension’ Still Stuck in Bureaucratic Maze

SOURCE:
http://www.thequint.com/2015/may/05/one-rank-one-pension-still-stuck-in-bureaucratic-maze#.VUoBZlhYQcA.twitter

Opinion

                   ‘One Rank- One Pension’

                 Still Stuck in Bureaucratic Maze

                                        By

                              Nitin Gokhale

 

 

May 6, 2015,

Indian army soldiers patrol near the line of control. (Photo: Reuters)

India’s 2.5 million plus military veterans are both anxious and angry. For over a decade they have been told they will be granted the ‘One Rank One Pension,’ scheme meant to ensure that a uniform pension is paid to all defence personnel who retire at the same rank with the same length of service, irrespective of their date of retirement.

Rank Injustice

Throughout the UPA I and II, the government simply ignored their demand thanks to its proclivity to go with the advice of the civilian bureaucrats who opposed the scheme tooth and nail.

 However, towards the fag end of the Manmohan Singh government it was agreed in principle to clear the scheme, keeping the bulk votes that the ex-servicemen bring in. The last-minute ruse did not work for the UPA though.


Realising the importance of correcting the wrong, the Narendra Modi government and the prime minister himself gave renewed hope to the veterans by announcing the implementation of the OROP scheme “as soon as possible.” That promise is now nearly a year old and if several associations of military veterans are to be believed, the government is nowhere near putting the money where the mouth is.


For months, the file for OROP is shuttling between the defence and the finance ministries over minor issues. Initially, officials of two ministries differed on the amount required to fulfil  the demand. The finance ministry cited a Supreme Court observation in a case filed by a veteran to raise further queries.

 

Defense Minister Manohar Parrikar walks past the Indian and Japanese flags as he inspects the honour guard. (Photo: Reuters)

Once those queries were answered satisfactorily, it was believed that all hurdles were cleared. Defence Minister Manohar Parrikar, who has taken a personal interest in the matter, in fact told this writer on April 10:

​​All hurdles, including a political clearance on the scheme’s 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.
-Manohar Parrikar, Defence Minister

​Admitting ​ that there is huge scepticism over the OROP scheme implementation, Parrikar said: “This time we have ensured that nothing goes wrong.”

At that time he had refused to put a timeline, clearly aware of the bureaucratic nitty-gritty that often trips all grand schemes.

Red Tape Hurdles for OROP Scheme

During the last three weeks, the file has shuttled at least thrice between South and North Block (the building that houses the defence and finance ministries, respectively). Each time the finance ministry has raised a query, the defence ministry has worked on war footing to satisfy the finicky finance ministry babus.


Defence ministry officials and ‘pay cells’ in the three service HQs now say the final calculations are being worked out and that Modi will himself announce the rollout of the scheme before the NDA government completes one year in office on May 26.


Once finally cleared, the move is likely to cost somewhere between Rs 7,500 and Rs 10,000 crore​ annually​. Military veterans are keeping their fingers crossed. They have experienced many a slip between the cup and the lip in the past. But more than their disappointment, it is Modi’s promise that is at stake here. The question is: how close is the government to find a final solution to this long drawn issue?


(Nitin A. Gokhale is an analyst on National Security, Media Trainer and Author)

• One Rank One Pension

 

• Red Tape

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All Comments

Parameswaran Nambidi

 

 

It appears that Defence Minister has no say in the cabinet, because he could not keep up his words about time frame he had promised to implement the OROP. Hope, it would be implemented by 26th May 2015, the day when NDA Govt is going to complete one year in power

 

 

 

Ashok Mukerjee

 

They are out to screw the Armed Forces 

 

 

 

Santokh Singh Bhatia

       

It can be very well found out that either Babus in Finace ministry are incompetent to see all faults/observations in OROP file in one go or they intentionally want to raise observations in peace meal to delay and deny OROP to soldiers. Why can`t the accountability be fixed to fix such anti soldier Babus who are suttling the file for the last one year? It is beyond my comprehension to such an incompetent Babu finds faults in file every time it comes back from Min of Def. I openly hold Finace Minister responsible for this delay as he is dead against OROP. He had made it clear to ESM deligation " Lower down your expectations on this issue". Secondly- He is taking a revenge of his defeat from Amritsar seat which he lost to an Ex-Serviceman, Capt Amrinder Singh. The only thing at stake is now Mr Modi`s promises on so many occassions. God only knows if Mr Modi is also serious about fulfilling his promise made to soldiers from siachen on DIWALI. 

 

 

 

 

 

Oscar Peter

 

MODI GOVT & THE BABUS OF GOVT OF INDIA ARE PLAYING DIRTY TRICKS WITH THE SENTIMENTS OF THE LOYAL,DEVOTED & DEDICATED SOLDIERS OF THE COUNTRY WHO RISE TO ANY NATIONAL CRISIS AT THE PERIL OF THEIR LIFE 24 × 7... Modi is enjoying the oscillation of the promised OROP file between MOD & MOF in accordance with his plans in connivance with the disinterested Babus ..The main culprit of non implementation of OROP for the Armed Forces is none other than the PM himself. He is playing a cool & an evasive game compatible with his political skill & acuemen !!! IESM (Indian Ex Servicemen League) like innocent lambs are eating out of the hands of Parrikar, Defence Minister who is offering them a cup of tea at Kota House at regular intervals & putting up a facade of sincerity towards the OROP implementation. They are all shrewd politicians & chip of the old block !!!! They are those heartless people who can make money even out of the procurement of coffin boxes for the Kargil martyrs. Have no faith & trust on this breed of people in society .... Sad, Pathetic & a shame to the Politicians of this Country. They are anti pathetic & insensate to the justifiable demands of the Armed Forces.Despite promising OROP to the Armed Forces in their Election Manifesto, they have been procrastinating its implementation. On the contrary, the politicians take only a minute to enhance their own pensions by a unanimous vote on the floor of the House. .. What an unethical practice by the Power Brokers !! As long as the nexus of the trio exists (Modi - Jaitley & Parrikar ) against the OROP,it will gradually fade into oblivion due to deliberate procrastination . .. !!! It is high time that the three Services of the Armed Forces gets tough & difficult with the Politicians & Babus. Any Politician or a Babu who puts spokes in the matters of OROP & other military welfare, efficiency & operational capabilities should be tried for 'Treason'.

 

  

dy

 

The manner of the implementation, when and if it comes through, will demonstrate for everyone whether or not such a delay was justified. In case the fine print resolves all related contentious issues and anomalies, such as pension parities for time bound promotions, OROP will have fallen short of the mark. It's going to be a classic case of "Proof of The Pudding". 

 

 

dy

 

Corrigendum: Please amend to read "In case the fine print fails to resolve" for "In case the fine print resolves" in preceding comment. Typo regretted. 

 

 

 

 

 

 

Govindan Thekkay

 

 

Now a way days defence forces are more interested to get more money rather than spending time on better war Strategy to save Human life during war. I read a news that Army is in urgent need of bullet proof jackets, each costing Rs. 50000/-. Its self life is 5 years. The question is will this kind of equipments really save the soldiers from the bullet of AK – 47 rifle, if they wear this jacket. As per the paper report Hemant Karkare was wearing a bullet proof jacket when he was killed by terrorists and he was sitting inside Toyota Qualis. I was given to understand that there is no surety that it will save the soldier. Ceramic shield will help to some extend. But it is heavy and restricts the moment of the soldier. But no bullet proof jacket can save a soldier from sniper rifle. So my feeling is that this will be useful to fight against terrorist and Naxalities and not in real war. Majority of the demand submitted by the defence services are without any study. Defence ministry should be able to ask many questions like whether any study has been made to know how many soldiers life have been saved by using this jacket all over the world.?. What is the make they used and what kind of weapon the enemy used? In the real battle Helicopter Gun ships are using sniper rifles and missiles. Army has to use mechanized infantry. Instead of soldiers marching or fighting on foot. Our army still think about conventional war like soldiers marching or fighting on foot. We should start manufacturing thousand of armored personnel carrier. This will create lot of employment. 

 

 

Brg Pradeep Sharma

 

 

The apathy towards Armed Forces is being viewed by all our Youth! Not only does this lead to resentment amongst the Service community but percolates down to youngsters who in turn choose not to join the Armed Forces. If this rotten approach and attitude continues, what if the demonstrations by ESM shift from Jantar Mantar to the Borders? What if in frustration the guns fall silent? What if I ask the question.."Should I die for an ungrateful country"...seriously should I? Not only this aspect but the need for reviewing the status of Armed Forces to Category A is essential for any degree of future satisfaction. 

 

 

 

 

 

MK Bhardwaj

 

A failure of modi govt for delay...

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OROP :DELAY IN THE IMPLEMENTATION OF ONE RANK ONE PENSION (OROP)

                                                           

      Dated: 20 April 2015


DELAY IN THE IMPLEMENTATION OF ONE RANK ONE PENSION (OROP)


Dear Sh Rajeev Chandrashekhar 


  You have been leading the fight for Defence Personnel both serving and ex-servicemen (ESM) inside and outside of Parliament and with every Government. ESM have appreciated your gesture of not accepting increased pay and perks of MP since last two years and your resolve that you will not accept the pay raise and perks till Government grants OROP for ex-servicemen.



 IESM on behalf of ESM family thanks you for your unstinted support. OROP, one of the crucial demands of ESM, is close to approval. OROP has the approval of two Parliaments, all political parties and has been approved twice in the budget. Yet OROP notification has not been issued since last one year. The reason for this undue delay in issuing the notification is a common knowledge that Bureaucracy is not happy to give OROP to Armed Forces and veterans.

The work on draft GL and the tables will start only after the approval of OROP by the Government.  Raksha Mantri has extended full support to OROP and is personally monitoring the progress of the file. 



 This undue delay in issuance of notification is not good for morale of Ex-servicemen. They have started getting doubts on the Government’s resolve to give OROP. Government has missed three deadlines given to veterans for issuance of GL. Parliament session is about to start and Government will get busy in running the session and notification for OROP will get relegated to yet another date. IESM requests you and your friends to raise pertinent questions which will nail the Government to fixed dead line and Government is not permitted to give stereotype reply on OROP. Some of the questions which come to our mind are

1. Government has been giving stereotype reply since last three Parliament sessions that OROP is under consideration and will be given as and when it is formalized. Please give firm date for issuance of notification. Ambiguity on such an important demand of Armed Forces is having adverse impact on their morale. 


2.  As per principle of OROP a senior rank officer/JCO/OR will not be paid pension less than his junior.  Will this aspect be the adhered to and OROP notification will include suitable safe guard for this?


3. Honorable courts have given many decisions in favor of Defence Personnel. Some of them have been complied with and only litigants have been given the benefits of court decision. Will GL include all decisions given by courts in favor of Defence Personnel whether litigants or not. This will ensure equal justice for all affected ESM and will also save Court’s time and Government’s time. It may be noted that non litigants if not included in GL will definitely move the courts and will get decision in their favor from AFT/High court /Supreme Court.  



4. There are only very few Major rank officers who are drawing pension. Most of them are very senior and 75 and above. This group of officers needs sympathetic consideration as they had all put in service of more 20 years. This group needs to be given Lt Col basic pension with Major’s grade pay, since after 2004 officers with 13 years service one eligible for the rank of Lt Col .  Most of them are pre – 96 retired. Government had denied giving them Lt Col pension. One Major Thomas pre 96 retiree has won the case and has been awarded Lt Col Pension. Lt Col pension with Major’s grade pay needs to be given to all Majors pre 96 or post 96 retiree. This will again save Government time on litigations by Majors.  


5. Status of National War Memorial. When will the work start on it and when will nation pay homage to fallen soldier at the National Memorial?



6. Status of Ex-Servicemen Commission. Government to confirm that it will be headed and manned by Ex-servicemen and will have statutory powers to order Government departments for delay in actions.   



 Sh Rajeev ji, ESM are getting restive because of this undue delay and shifting of goal post on one pretext or other. IESM is worried that some of the local organizations may get disturbed and may deviate from the non-violent path of IESM and may resort to Rasta Roko or Rail Roko agitations. It will not be good for country and ESM. May I therefore request you to kindly meet PM/RM and confirm the latest position and issue a statement to sooth the nerves of the agitated ESM.


 I am sure we will see some of the questions being raised in Lok Sabha and Rajya Sabha on the suggested lines in the coming session.  


 I will be grateful to get a reply giving plan of action and your advice for future course of action. 


 With regards,

     Maj Gen Satbir Singh, SM (Retd)    
 
Chairman IESM     

Mob: +919312404269, 0124-4110570   
 Email : satbirsm@gmail.com























 

Veterans Body Writes to PM on Right to Appeal in High Courts

SOURCE:

http://indianexpress.com/article/india/india-others/ex-armymen-body-writes-to-pm-on-right-to-appeal-in-high-courts

 Veterans Body Writes to PM on Right to                    Appeal in High Courts

                                   By

             Man Aman Singh Chhina

 

April 15, 2015

· Sumitra Devi, whose husband died during Kargil war due to heart attack was refused liberalised benefits by MoD, which are admissible only in operational deaths. AFT, too, dismissed her petition but the High Court quashed AFT’s order and granted relief.

· Lt Nishant Karol of the armoured corps died during a battle. AFT allowed the pension to parents only for a period of 6 months prior to filing of the petition. The High Court set aside the order and directed the release of pension from the date of death.

· Maj Arvind Suhag suffered 100 per cent disability during an operational move in Kargil area. AFT refused the grant of war injury pension. The Delhi HC set aside AFT’s order and granted him the applicable war injury pension.

All the above cases show that the litigants from the defence community had a potent avenue of appeal in the high courts across the country which has been taken away by an apex court judgment last month.

 

Now, one of the largest ex-servicemen body in the country has written to Prime Minister Narendra Modi asking for an amendment to the Armed Forces Tribunal Act to allow for appeals in the high courts.

Writing to the PM, Major General Satbir Singh (retd), Chairman, Indian Ex-Servicemen Movement (IESM) has said that the majority of litigants before the AFT cannot afford litigation in the SC where an appeal is in any case not admissible unless one can prove a

“point of law of general public importance”.

“We 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, 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 Supreme Court that the military community does not deserve the enjoyment of fundamental rights like others,” said Singh.

The letter goes on to say that 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.

Speaking to The Indian Express, Major Navdeep Singh, a former President of the Bar Association of AFT Chandigarh bench said that the decision of the SC based on the appeal filed by the MoD makes access to justice impossible and illusory for veterans and widows since on one hand the high courts have been asked not to entertain  writs against AFT orders and on the other hand there is no provision of appeal in the Act to the SC.

“The situation is in teeth of constitution bench decisions of the SC including the L Chandra Kumar’s case, Kartar Singh’s case and more recently the National Tax Tribunal judgement of 2014,” he said.

According to Singh, AFT functions under the MoD and even its members are appointed by the MoD and selected by a committee which has the Defence Secretary as its member.

 “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,” said Singh in the letter.   

First Published on: April 15, 20156:45 pm

 

OROP: MY DEMAND : " DISMANTLE MOD LOCK STOCK & BARREL "

                          OROP: MY DEMAND

     " DISMANTLE MOD LOCK STOCK & BARREL "



                                 MOD IS A FAILED MINISTRY.
DISMANTLE THIS  OUTDATED ANTIQUE MONOLITH
                                      &
 RESRUCTURE THE DEFENCE APPARATUS
    EVERY THING IN INDIA  WILL MOVE

Dear Members

IESM has been getting calls from veterans who wanted to know the correct position of OROP. Veterans are very confused about the various mails floating on the net giving different status of OROP. 

IESM sought an appointment with RM to learn the real situation from RM himself. IESM delegation consisting of four members Maj Gen Satbir Singh, Maj Gen AJB Jaini, Gp Capt VK Gandhi and Hony Lt K Pandey met Sh Manohar Parikkar at 1300h on 14 Apr 15. 

RM was forthcoming and explained the latest situation. OROP file has been moving upwards as predicted. At the last stage an official from Finance Ministry has put an observation about the SC ruling regarding SPS vains case. RM was fully apprised of the SPS Vains case and told the delegation that this observation is not applicable to OROP case. Hence suitable reply will be given on file by MOD and file will be sent back for approval.  

RM further stated that he is working to issue Government letter latest by June end that is within one year of NDA Government being sworn to power. He sounded very confident that OROP is foregone conclusion and the next step is issuance of notification for OROP and the tables. He assured IESM delegation that the notification for OROP will be issued soon.

 

IESM delegation requested RM that stake holders must be involved in finalizing Government letter and the relevant tables for OROP. He confirmed that calculations for his note were done by Armed Forces pay cells and he would keep this in mind. 

IESM delegation came back fully assured that OROP is in safe hands of RM Sh Manohar Parikkar who will make sure that OROP will see the day light after 30 yrs of struggle. 

Dear Veterans have a drink and celebrate. 

 

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.

  

                 WHAT HAS HAPPENED
                                    IN
                     THE RECENT PAST

On Saturday, 11 April 2015 10:49 PM, Vinod Gandhi <vk_gandhi@yahoo.com> wrote:

Dear Members

PLEASE HAVE A TOAST AS OROP IS REALITY NOW

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.

  

On Thursday, 12 March 2015 3:42 PM, Vinod Gandhi <vk_gandhi@yahoo.com> wrote:

Dear Members

Further to meeting of five member IESM delegation with RM Sh Manohar Parrikar on 2 Mar 15, another member of GB IESM has met RM on 11 March 15 to get fresh inputs on disability pension and progress on OROP file. The report submitted by Col Anil Kaul VrC dated 11 Mar 15 is given below and is also attached for your reference. 

 

 RECORD OF DISCUSSION Of Col ANIL KAUL VrC WITH RM: 11 MAR 2015

I had the occasion to meet the RM today for duration of 45 mins in his South Block Office. The COAS was also present.

A record of our discussion is appended below.

Disability Issues: The Hon’ble RM wanted a first-hand account of the effects of disability from a person who had undergone such trauma as against hearing it from other sources. Certain facts were conveyed including citing of personal examples which despite over twenty five years of consideration at various levels remain unresolved. A hard copy of all such issues was handed over to the RM.

Non-Implementation of Orders of SC/ Non-Issue of Instructions on Disability Related issues of Def Pers including the following: -

    (a)    Na-Na Cases

    (b)    Less than 20% disability cases

    (c)    Disability when on leave

    (d)    Broad-banding for those who superannuated

    (e)    Broad-banding for those who took voluntary retirement?

MOD is yet to issue letter for enhanced DP for enhanced pension WEF Sep`12, though case has been taken up by Service HQ. 

Comments of RM: He said that all disability related issues would be taken up appropriately w.e.f. 13 Mar 2015.He assured me that we would soon see the issue of operative letters.

Additional Points:  A few additional points regarding disability were also discussed with personal examples that would have an effect on the larger disabled environment of the disabled in the Armed Forces. These are enumerated below: -

There is no system of post disability trauma onset in any of the three services including counselling to enable a disabled soldier to start functioning anew albeit with a few parts missing. This needs immediate implementation.

There has to be a clear cut divide between those placed in LMC in normal course and BC’s.  This must percolate down to their employment and functioning. I suggested that for starters at least in the Army suitable disabled officers be posted in the AG’s & MS branches as only a disabled understands the effects of disability. Moreover such actions do not require any elaborate Govt sanctions.

I submitted that “Constant Attendance Allowance” should be applicable suo moto to anyone with 50% disability especially as after superannuation all manner of physical support available in service ceases. The RMB should be the final authority with the PCDA (P) not having any say in this.

Payment of double conveyance allowance, where authorised to disabled personnel should be as matter of course and not based on claims. We are all aware of who authorised Government tpt is and who is not.

All service group Insurances are private entities and should offer disability benefits to BC’s retained in service and who superannuate in the normal course. The funds available are adequate and if necessary and additional levy on premium can cater for

this aspect also. To deny this to one segment is a violation of the principle of equality. Notwithstanding what the Govt provides in such cases as that is a part of a service obligation whereas group insurances are private funds meant for this. The RM was appreciative of this logic and even suggested a methodology for the COAS to consider. The RM even mentioned that shortfalls if any could be made up by the MoD. 

As per AO 17/89 Battle Casualties have the option of taking disability pension as a capitalized value in service. However there is no provision of restoration of such commuted value as in the case of normal pension. Disability is for life and there needs to be a reconsideration of restoring the capitalized value after 15 years, for those who took this option, as in the case of normal pension. A detailed case study is as given below:

Reference AO 17/89.

On Superannuation every service personnel is entitled to service pension. This consists of the service element and the disability element. As a battle casualty I come under the purview of the AO ibid.

Personal Illustrative Case:   I am 80% disabled due to battle injuries for life. As per AO 17/ 89 I was, entitled to, as were other BC’s, “War Injury Pay”. As per awards of the 4CPC, this was specified as “percentage of disability equivalent of percentage of pay drawn at the time of injury”. My pay at that point was approximately Rs 4200/- therefore I should have been entitled to 80% of which came to Rs 3360/- pm. This was later amended to “Not more than Rs 1500/- per month allowed for 100% disability due to normal service conditions”. This was to be proportionately reduced for lower percentages. Accordingly I was entitled to Rs 1200/- pm.  A loss of 3360- 1200 = 2160/- As a result BC’s lost out on higher emoluments due to some change that was not noticed by those dealing with such cases. 

A second provision of the AO was that one could take the capitalized value of this amount in service or await superannuation to get a disability pension.  This was to be calculated for a time period of service to an age and service in the same rank that is in my case a Major. As can be seen I lost out on the following counts: -

Reduction in overall authorized amount.

No consideration for promotion beyond the rank of Major.

No consideration for age applicable beyond the rank of Major.

I was paid such compensation after ten years of my injury. A request for interest on delayed payments was initially rejected till the Delhi High Court gave a ruling in my favour on which CDA (O) paid me the interest in the year 2000, i.e. after thirteen years of my injury and a court case lasting over two years.

The acerbic language of Army HQ, as a measure of no respect to battle casualties, stated, “ That the case stands closed and no further discussions would be appreciated” So much for winning a gallantry award and losing your limbs.

Appeal: Notwithstanding the above as in the case of commuted value of service element of pension that is restored after a finite period of 13/15 years, similarly the capitalized value of disability pension needs restoration after a suitable period of time. In my case, the capitalized value has been taken for the rank of “Major” superannuation was 50 years that I crossed in Jul 2001 a full four years before superannuating in 2005 in the rank of “Colonel”. Considering that the capitalized value was applicable from 12 Oct 1987 but paid to me in 1996, a total of 25 years have passed and therefore the disability element of pension paid as capitalized value in service now needs restoration, keeping in mind that the disability is for life and as one ages the effects become more debilitating.
(g)  A staff check would show that there would be a handful of such personnel in such a predicament.

 

OROP; The RM gave out the status of OROP as on date. He confirmed that OROP file is progressing as planned and as informed to IESM delegation on 2 Mar 15.  The salient features of which are as follows: -

 The final document duly cleared by FA (Def) and signed by him is being forwarded to the FM on 11 Mar 15.

 The amount worked out remains at Rs 8298 crores for one year.

He is planning to meet the Prime Minister and Finance Minister to discuss and get approval of OROP on or around 16 Mar 15.

He is making all out efforts to stick to the time schedule as indicated to delegation of IESM on 2 Mar 15. He is hopeful that the OROP notification will be issued by 31 Mar 15 or latest by end April.

He confirmed that 86% beneficiaries are JCO’s and OR’s and remaining 14% is for officers, family pensioners and veer naris. Fund allotment is also in the same ratio.

There being no other points the meeting was closed.

Anil Kaul

Col Anil Kaul, VrC

11 Mar 2015

 

 

 

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.

  

On Monday, 2 March 2015 6:40 PM, 'Vinod Gandhi' via IESM_Group <iesm_group@googlegroups.com> wrote:

Dear Members

IESM delegation of five members met RM Sh Manohar Parrikar today at 1400 h. The salient points of the issues discussed in the meeting are given below and are attached. I am sure this will satisfy most of the queries of veterans arising out of budget speech given on 28 Feb 15. This is now clear that one needs to be optimistic and OROP will be out soon. However hold your celebrations till Notification of OROP is out as there is many a slip between the cup and the lip. 

Meeting of IESM Delegation with RM Sh Manohar Parrikar on 2 Mar 2015

IESM contacted Sh Manohar Parrikar Raksha Mantri at the end of the budget presented on 28 Feb 15 and communicated to him that ESM in general are disappointed because OROP has not been mentioned in the budget speech of Finance Minister and allocation of funds for OROP has not been announced. RM explained on telephone that OROP has been approved in two budgets and hence it is considered approved and therefore there was no need to mention in the budget speech. He was kind enough to invite the IESM delegation at 1400h on 2 March 15 to clear any doubts if we had any.

Following five members of IESM met Sh Manohar Parrikar RM at 1400h on Monday 2 March 2015.   

1. Maj Gen Satbir Singh SM
2. Col Kirit Joshipura
3. Col Anil kaul VrC
4. Wg Cdr CK Sharma
5. Gp Capt VK Gandhi VSM
6. Major DP Singh was also invited by RM for discussion on disability pension issue.

RM made everyone comfortable in the beginning itself that OROP for Armed Forces and Ex-servicemen is NDA Government’s commitment and he has worked out the expenditure for the OROP. He advised that there was no need to cover this issue in budget presented by NDA Government on 28 Feb 15  as it already stands approved by Parliament as part of budget for financial year 14-15. He confirmed that he had discussed the issue with officers of MOD and ironed out all issues of OROP. He also confirmed that OROP is genuine demand of Armed Forces and must be met in full; hence there is no difference in thinking of Armed Forces and MOD. Accordingly file has been prepared and is in process for approval from Ministry of Finance. After approval of the file from Finance Minister, it will be put up for approval of CCPA (Cabinet Committee for Political Affairs). RM has confirmed that MOD has recommended giving OROP for X group and Y group separately. He also confirmed that all ranks including widows have been included in the OROP. He further confirmed that he is attempting to meet the date line for issuance of Government letter (OROP Notification) given by him on 1 Feb 15 meeting with IESM delegation.

There was no doubt left in our minds after such a clear statement by RM and IESM delegation was convinced that OROP is now in safe hands will see the day light soon. General Satbir Singh thanked him and told him that it is first time that the demands of ESM are being given proper consideration and attention. IESM delegation then discussed following issues with RM.

1. Increase in Widow’s pension w.e.f 24 Sep 12; General Satbir Singh informed him that widow’s pension was not increased in 2012 when pension for all ranks was increased as per recommendations of 6 CPC. Widows must be given that increase in pension. RM expressed concerned on this issue and asked the delegation to give him the note for his consideration.
2. Major’s Pension Retired pre 1996; It was brought to RM’s attention that MOD is not paying Lt Col pension to Major rank officers who retired pre 1996 on completion of 21 years of service. Major Thomas of pre 1996 retirement had gone won the case in AFT and had been paid enhanced pension. It should be applicable for all Majors who had retired pre 1996 and had completed 21 years of service. RM asked for a detailed note on the issue for his consideration.
3. Major’s Pension who had retired on completion of 20 yrs but with less than 21 yrs of service; RM was informed that there will be only few hundred Majors who will fall in that category and MOD must consider giving them Lt Col Pension with Major’s grade pay as a special case. RM demanded a paper on this issue also for his consideration.

IESM will be sending the detailed paper on above issues to RM at the earliest.

IESM delegation was encouraged with the response and encouragement given by RM. One can now say that OROP is in safe hands will soon be approved.

Gp Capt VK Gandhi VSM

Gen Sec IESM

2 Mar 2015

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.

  

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