The Tribune
Chandhigarh
23 May 10
http://www.tribuneindia.com/2010/20100523/edit.htm
Raw deal for ex-servicemen
Centre must give one rank one pension
by Lt-Gen Raj Kadyan (retd)
The ex-servicemen have been fighting for justice. In 2008, they took the unprecedented step of going public with their demands. Rallies were held at Gurgaon and 61 other cities throughout the country. The Sixth Pay Commission report had just come out and not unexpectedly the ex-servicemen got a raw deal.
By convention, a soldier is expected to maintain silence even after he sheds his uniform. He himself would prefer it that way. But his silence must be respected and reciprocated, instead of being exploited. His genuine aspirations must be met. Unfortunately, that is not being done.
Projecting one’s demand on a public platform was not an action taken easily or on impulse. Immediately on declassification of the Pay Commission report, the political leadership was contacted with all respect and deference that being the peoples’ representatives is their due. ‘One rank one pension’ or OROP, as it is popularly known, was the lead demand. It implies relating military pensions to length of service and rank on retirement, independent of the date of retirement.
Contact was established at the highest level in our political leadership. The only counter-argument was “if we give it to you, other government servants will also demand”. The ‘others’ are our own kith and kin, not adversaries. If they deserve it, certainly give it to them as well. However, if they are used as a pretext to deny the soldiers their rightful dues, then it is unfair.
It can then be argued that give OROP to only those retirees who like the soldiers stay away from their families for all/ most of their service life; to only those who perpetually follow a 24x7 work schedule; to those who face danger, and death on a daily basis; to those who are compulsorily retired when in mid-thirties on a pittance… and the list of differences goes on. Comparison is valid only between the similar.
The rally on April 27, 2008 was launched after due notice to the hierarchy. The government was apprised. There was concern. ‘Soldiers’ should not be doing it, we were reminded. When we claim soldiers are different and should not be clubbed with others, the notion is pooh-poohed. But in expectations we remain different. The dichotomy was pointed out. Silence. Placing our demand before the public was a compulsion forced by deaf ears; it was not a choice.
Seeing veterans on the road, even in a very disciplined manner could only jerk the authorities. It did. Within weeks of the first rally two of our demands were met; a separate pay commission for the defence forces and constitution of an Ex-Servicemen Commission. However, they failed to spread much cheer. The first would take effect only in 2016. Apart from failing to address immediate concern it was also looked at with suspicion.
Our bureaucracy-dominated government is known to find a difficulty for every solution, and there is enough time to do so. In the constitution of the Commission, the devil lay in details. The proposed list of members had only one retired military person. It even included a lady from political background, ostensibly to look after the interests of service widows, with whose condition she would be totally unfamiliar.
Interestingly, the commission is to be headed by a retired judge with no background in soldiering, the very basis for constituting a separate pay commission. The veterans rightly asked when the Women’s Commission is headed by a woman, the Minority Commission always by a person from the minorities, the Tribal Commission by someone from the tribal groupings, why the Ex-servicemen Commission should not be headed by an ex-serviceman? Silence.
The main demand of OROP remains unaddressed. The demand is neither huge nor extraordinary. It is not a demand for more money; it is rather a demand for equity and justice. Expecting equal remuneration for equal services cannot be called unreasonable. This makes the government reluctance to accept it even more intriguing. Defence forces are the last arrow in the country’s arsenal, also the most reliable. Picking at one’s healthiest tooth cannot be termed wise or rational.
The authorities have adopted many tricks to scuttle the OROP demand. They first ordered a committee (of bureaucrats, without a defence representative) to look into ‘OROP and related issues’. It only touched the so-called related issues. OROP was summarily rejected as being ‘administratively’ not feasible.
The government then claimed to be bound by the Committee’s recommendations. It is like the anecdote where a burglar pleaded innocence on the grounds that it was his hand that committed the crime and not he himself. In denying OROP the political class may not be complicit but they are apparently powerless.
There has surely been some enhancement announced for the pre-2006 pensioners. But there is still a wide gap between pre- and post-2006 categories. OROP has thus not been sanctioned, notwithstanding the government advertisements to the contrary.
There has been a spate of court decisions lately on pension related issues, all favouring the ESM. In one case the apex court used extremely harsh words against the government, which were reported in the media. The prevailing sentiments support the ESM demand.
The government needs to see the proverbial writing on the wall and sanction the long pending demand of OROP. Being a demand for justice the ESM will settle for nothing else. There is no wriggle room here. Yet, we will never cease to be what we always were while in uniform — disciplined, patriotic and responsible.
The write is a former Deputy Chief of Army Staff
Dear All,
1. An article titled Raw deal for Ex-Servicemen “Centre must give one rank one pension” appeared in Tribune dated 23 May 10 written by Lt Gen Raj Kadyan Chairman IESM is circulated herewith.
2. May we request other ESM also to write articles on matters Military, about mistreatment, ill-treatment, down gradation of status, unacceptable cumulative anomalies of 4th, 5th and 6th Pay Commissions, war memorials, OROP, dignity of soldier etc, the topics can be many which are close to our hearts.
3. Friends, we will have to intensify our Movement to make the Govt see reasons and accept our demands. We call upon all ESM of India to join in the efforts to get our due justice.
4. We need media help to project the facts about the injustices being heaped on the Defence Forces. All are requested to Chip in where ever we have the contacts.
With Kind Regards,
Jai Hind
Yours Sincerely,
Maj Gen (Retd) Satbir Singh, SM
Vice Chairman Indian ESM Movement
Mobile : 9312404269, 0124-4110570
Email : satbirsm@yahoo.com
“PTI” AND “OUT LOOK” REPORT
A Parliamentary committee has asked the Defence Ministry to soon implement 'One Rank One Pension' (OROP) for armed forces veterans, noting that a demand for this has not been accepted by it.
"The committee concludes that 'OROP' has not been accepted by the government. However, the pensionary benefits of ex-servicemen including disabled ex-servicemen have considerably been improved by implementation of the seven recommendations of a committee (headed by Cabinet Secretary K M Chandrasekhar)," the Parliamentary Standing Committee on Defence said in its report tabled in Lok Sabha today.
The panel, headed by Satpal Maharaj (Congress) had considered the government replies to its earlier report submitted to Parliament in December last year.
"The committee still recommend that the government should implement OROP in a holistic manner so that large number of ex-servicemen can be benefited. The government should also ensure that the various benefits provided to the ex-servicemen due to implementation of the recommendation of the Cabinet Secretary-headed committee, along with arrears if any, are paid expeditiously," it said.
OROP implied that uniform pension should be paid to armed forces personnel retiring in the same rank with same length of service irrespective of their date of retirement and any future enhancement in the rates of pension should be automatically passed on to the past pensioners.
After the veterans had organised events to return their service and gallantry medals to the President in protest, the government had, on the directions of Prime Minister Manmohan Singh, set up the committee to consider the demand made in the wake of implementation of the Sixth Central Pay Commission (CPC) recommendations in September 2008.
The committee recommended a plan under which the pensions would be as close to OROP, but this was (NOT) being accepted by the ex-servicemen. However, the government decided to implement it.
On the issue of lateral entry for ex-servicemen into central paramilitary forces, which the government was yet to implement, the Parliamentary panel said though it had highlighted the advantage of recruiting them in CPMF, it had not been implemented despite a CPC recommendation in this regard.
"The committee desires that the Ministry expedite the matter to resolve the lateral induction of ex-servicemen in CPMF, PSUs and state police," which was the highlight of the Group of Ministers' recommendation for 'Reforming National Security System' made in 2001, it said.
-------------THE END
From: satbir singh satbirsm@yahoo.com
Sent: 08 May 2010 15:25
To: DELETED
Subject:
“GOVT SHOULD IMPLEMENT
ONE RANK ONE PENSION (OROP)
FOR DEFENCE VETERANS”
RECOMMENDS
PARLIAMENTARY STANDING COMMITTEE ON DEFENCE
Dear Veterans
1. Our struggle seems to have taken a quantum jump towards our goal. Consequent to our presentation to the Chairman Parliamentary Standing Committee on Defence Sh. Satpalji Maharaj, MP on 05 May 2010, the Committee was convinced of the genuineness of our demand for One Rank One Pension (OROP). The Committee while tabling its report in the Lok Sabha on 07 May 2010 has asked the Defence Ministry to soon implement One Rank One Pension (OROP) for Armed Forces veterans, noting that a demand for this has not been accepted by it. The Committee also stated that “It had considered the Government replies to its earlier report submitted to Parliament in December last year.
2. The Committee still recommended that the Government should implement OROP in a holistic manner so that large number of Ex Servicemen can be benefited.
3. The recommendation of the Committee are a vindication of the stand we the IESM had taken in this matter. We now have to watch the response from the Government.
4. Our struggle is not yet over and we have yet to cross a number of bridges before we are able to get our due Justice. So friends remain focussed and remain united. We could not have achieved this without the cooperation of all the members and well wishers of IESM.
5. A PTI report and outlook report dated 07 May 2010 are enclosed for information please.
With Kind Regards,
Jai Hind
Yours Sincerely,
Maj Gen (Retd) Satbir Singh, SM
Vice Chairman Indian ESM Movement
Mobile: 9312404269, 0124-4110570
Email : satbirsm@yahoo.com
From: raj kadyan rajkadyan@yahoo.com
Sent: 05 May 2010 22:15
To: kamboj_cs@yahoo.co.in; TRUNCATED
Subject: ESM sitrep 05 May evening
Dear Colleagues,
It is sad day for the ESM community to have lost a friend. Though I personally did not know Brigadier R Gopal, but his good reputation and fine human traits were well known through the net. May God grant peace to his soul. The IESM fully shares the grief of the family in this grim hour.
Best regards,
Lt Gen (Emeritus) Raj Kadyan, PVSM, AVSM, VSM
Chairman IESM
From: raj kadyan rajkadyan@yahoo.com
Sent: 28 April 2010 22:09
To: kamboj_cs@yahoo.co.in; TRUNCATED
Subject: ESM SITREP 28 APRIL EVENING
Dear Colleagues,
Someone out of our ESM community has floated a suggestion that we burn effigies of political personalities. The obvious intention is to pressurize the regime into conceding OROP. The fact that the IESM will have nothing to do with such a proposal that goes against our very culture and ethos is only part of the consolation. While all of us are entitled to our individual views, the fact that some out of us, brought up in the best military milieu, imbibing what are the finest soldierly values, could contemplate such a course of action, does come as a disappointment. However, none of us has a right to be prescriptive on the issue.
The main plank of our OROP demand is that we as soldiers are different from others. Our claim by itself is not sufficient; this difference has to be visibly reflected in our behaviour as well as in our actions. We should not forget for us means are as important as the ends. We are responsible to pass down a legacy that the posterity talks of with a sense of pride and not with a sense of guilt and embarrassment.
Undoubtedly, the suggestion has been mooted out of impatience and frustration at the continued stone-walling of our demand for equity and justice. We need to remember that an old and intricate problem where the regime has long taken an entrenched position is not expected to lend itself to a quick solution. It is a marathon, not a sprint. We need patience and perseverance. Let us not compromise on our dignity and our core values.
The Movement is making progress and there is no cause for undue concern.
Best regards,
Lt Gen (Emeritus) Raj Kadyan, PVSM, AVSM, VSM
Chairman IESM
262, Sector-17A, Gurgaon- 122 001
Tele: 91+124-4015262, +919811226676
Shri A.K. Antony Dated : 23 April 2010
Defence Minister
9, Krishna, Menon Marg
New Delhi
Dear Shri AK Antony
1. We are amazed at your reply in parliament the other day that granting of One Rank One Pension was not possible due to financial, legal and administrative reasons. The financial burden is too inconsequential and legal reasons have been adequately set aside by the courts in many of its recent judgements. As for as the administrative reasons are concerned, this is due to the mental block of the bureaucracy and its agonistic attitude towards the Defence Forces. That such a statement should be made by Defence Minister of India, in Parliament inspite of various SC, HC and AFT judgements to the contrary shows the scant regard the Govt in general and the Defence Ministry in particular has for the judiciary and morale of the Defence Forces. Just to take you back to the rulings given by the various courts, I would like to list a few judgements for your and your advisors perusal who appear to be hell bent to heap injustice upon the Military and not honour the courts judgements in letter and spirit.
(a) SC Judgement of 09 Sep 2009 in the case of Union of India &
Maj Gen Vains and Others. The SC ruled that:-
(i) No Defence Personal Senior in rank can get less pension than his junior irrespective of the date of retirement.
(ii) Similarly placed Officers of the same rank are to be given the same pension irrespective of the date of retirement.
(b) AFT Chandigarh Judgement dated 03 Mar 2010. In the case of union of India and Maj Gen Vains and Others. The AFT ruled that the SC ruling in the case of Maj Gen Vains and others Vs Union of India dated 09 Sep 2009 be applied to the Petitioners for pre 2006 and post 2006 retirees and the judgement be implemented in three months.
(c) AFT Chandigarh Judgement dated 08 Mar 2010 in the case of Union of India Vs Babu Ram Dhiman and Union of India Vs Sohan Singh The AFT has directed the Union Government:-
(i) That the state cannot lay down different criteria for grant of pensions to officers, JCOs and Jawans on the basis of cut off date of retirement.
(ii) No Senior in rank defence person can draw less pension than his junior irrespective of the date of retirement.
(iii) All pensioners of the same rank and service irrespective of the date of retirement are entitled to same pension.
(iv) The above directions be implemented within four months.
(d) SC Judgement dated 08 Mar 2010 in the case of retired Defence Officer Association Vs Union of India. SC has ruled that the anomaly of 4th Pay Commission regarding rank pay which was removed by the Kerala High Court in one case is applicable to all officers who were in service on 1.1.86 and arrears will be paid to them with 6 percent interest. This judgement has for reaching consequences in that the pay and pensions of officers in 5th & 6th Pay Commissions would have to be worked out afresh.
2. Mr Defence Minster sir, we implore upon you not to take the frustrations of the Defence Forces lightly because any further neglect is likely to have severe ramifications for the Nation at large. The situation as it exists today is reminiscent of the situation prevailing prior to 1962 debacle.
3. The defence personnel by training and thought are mature, patriotic and therefore, will not ask for any thing which is not their due but if justice is denied to them they will go all out albeit peacefully to get what is rightfully theirs. The humiliations heaped upon the Defence Forces in the last 10 years is leading to lot of frustration and anger and therefore, immediate action to address their grievances is required to be taken by the Govt. We therefore request you the following:-
(a) The above judgements of the courts be implemented in letter and spirit immediately
and Military Pensions of Pre 2006 Pensioners be fixed accordingly.
(b) Separate Pay Commission which has already been accepted by the Govt be set up
immediately and all anomalies in the Pay and allowance and pensions .etc be transferred to it. The commission may please be given a fixed time frame say one year to resolve all anomalies. Two third members of the commission be from serving and retired Defence Personnel.
(c) Military Veterans Commission be set up immediately which should consist of
members from the Military Veterans only with all its powers as given to any other commission.
(d) The Head of the ESW Department of the Ministry of Defence should be headed by a serving or retired Defence Officer. Besides that at the next level below the Head of the ESW Department, there should be one officer each from the Army, Navy and Airforce – serving or retired. Out of the remaining personnel forming part of the ESW Department, at least 50% should be from the Defence Services – serving or retired.
4. A serious immediate consideration of the above mentioned issues is requested.
With kind regards,
Jai Hind
Yours Sincerely,
Maj Gen (Retd) Satbir Singh, SM
Vice Chairman Indian ESM Movement
Mobile: 9312404269, 0124-4110570
Email: satbirsm@yahoo.com
Dr. Manmohan Singh
Hon’ble Prime Minister of India
152, South Block,
New Delhi -110011
Smt. Sonia Gandhi
Chairperson UPA
&
National Advisory Council
10 Akbar Road
New Delhi -11
Gen Vijay Kumar Singh, PVSM, AVSM, YSM, ADC
Chief of the Army Staff
Integrated HQs of Armed Forces (Army)
South Block, New Delhi-110011
Admiral Nirmal Kumar Verma, PVSM, AVSM, ADC
Chairman Chiefs of Staff Committee and
Chief of the Naval Staff
Integrated HQs of Armed Forces (Navy)
South Block, New Delhi-110011
Air Chief Marshal P V Naik, PVSM, VSM, ADC
Chief of the Air Staff
Integrated HQs of Armed Forces (Air Force)
Vayu Bhawan, New Delhi-110011
