BUREAUCRACY RIDICULOUSLY HIGH-HANDED IN SANCTIONING VETERANS’ DUES BY ANIL BHAT

It may be recalled that there were anomalies in the fixation of pension of pre-2006 central government retirees with effect from 01 Jan 2006 and the question was whether pension was to be calculated based on the minimum of each grade/rank within the newly introduced pay-bands or on the minimum of the pay-band itself. The said anomaly was resolved by way of judgments of the Central Administrative Tribunal (CAT) as well as Armed Forces Tribunal (AFT) which inter alia ruled that pension would be calculated on the basis of minima of each rank/grade within the pay-band. The judgment of the CAT was challenged by the Govt before the Delhi High Court. In the meantime however, the Govt itself half-heartedly removed the anomaly by granting the benefits from 24 September 2012 rather than 01 January 2006, which was the date of the inception of the anomaly. The verdict of the AFT was challenged by the Govt before the Supreme Court.

Hence the exact controversy now stood narrowed down to whether the benefits of the correct pension were to flow from 01 Jan 2006 which was the date from which the 6th Central Pay Commission recommendations were implemented or from 24 Sept 2012 which was when the Govt had decided to remove the anomalies in the pension structure after the said Pay Commission.

The controversy was resolved by the Delhi High Court which directed that after removal of the anomaly, the pension arrears were to flow from 01 Jan 2006 and not from the future artificial date of 24 Sep 2012. Never to respect well-rounded judicial verdicts, the Govt challenged the decision of the High Court before the Supreme Court. However the Supreme Court was pleased to dismiss the SLP filed by the Govt in July 2013.

Bent upon prolonging the agony of military and civil pensioners, Government has filed a curative petition in the Supreme Court challenging grant of pensionary benefits from 01-01-2006. The Curative Petition is not an ordinary remedy and is usually meant to cure ‘gross miscarriage of justice’. Hence by filing such a petition, the capable and worthy officers of our Central Government ironically and indeed contemptuously, insinuate that the grant of correct and legal pension to its military and civil pensioners is ‘miscarriage of justice’.

Legal eagle Major (retd) Navdeep Singh has brought out the facts, which prove how our officialdom has reached its nadir and what a mockery it has made of the system by making  judicial verdicts get overridden by administrative egotism. “So sad is the situation that executive pride overtakes what is logical, prudent or just. And the political executive remains a rudderless rubberstamp”, states Maj. Singh. 

“Ego-fuelled highhandedness is what the system is known for….How could the Courts hold the hands of old pensioners? The Govenment is always right. Government policies are sacrosanct and sacred, or so the system believes”, commented Maj. Singh. And hence government went in for a Review Petition before the Supreme Court urging the Apex Court to review its order dismissing the Union of India’s SLP. Meanwhile, without properly disclosing the dismissal of the SLP, the Government filed many more similar petitions before the Supreme Court and got them tagged with the military pensioners’ matters which dealt with the same subject. The Supreme Court was pleased to dismiss the Review Petition filed by the Government against the pensioners.

In any democracy, this would have meant closure to the agony of litigating pensioners. But no, that is not how things work in our country. The Union of India/Central Govt, then filed a Curative Petition against the same verdict. The curative petition  came up for hearing before a 5 Judge Bench of the Hon’ble Supreme Court, which was pleased to dismiss the same.

“But would this be closure to their agony?”, asks Maj. Singh, who is well versed with the attitude and tendencies of  our babus. Since this cynical question was asked by Maj. Singh before the unprecedented 2014 elections, which brought in the new BJP government, then those pensioners for whom this matter is applicable can now dare to hope for some light at the end of a long tunnel. Because not only does the BJP’s manifesto include implementation of One Rank One Pension, the matter is on its 100 days list too. The Pay Commission Cell of Army HQs is expected to make a presentation to the new Defence Minister shortly.

Further good news following President Pranab Mukherjee’s recent address is that he praised the Armed Forces and promised that the new government would : 1.Expedite modernisation. 2.Fill up vacancies. 3. Institute a National Commission for Veterans. 4.Have a National War Memorial constructed. 5.Grant One Rank One Pension. 6.Have zero tolerance towards terrorism.

It is also heartening to hear from media that the Prime Minister’s Office has directed the home and defence ministries to ensure that all strategic decisions, specially those relating to the uniformed forces, should be taken only after detailed consultations with their top officers.

Meanwhile, medals for bravery and service surrendered by of 32,000 ex-servicemen and war-widows remain deposited-22,000 with Rahtrapati Bhavan and 10,000 with Indian Ex-Serviecemen’s Movement- and will not be accepted back till proper implementation of One Rank One Pension.

Dear Col Anil Bhat,

First of all please accept my deep Appreciation for response to both the missed call made from my mob and landline Nos.

I was looking for some journalists to highlight the high handedness of the bureaucrats in denying the pre 2006 pensioners their legitimate dues. Fortunately I am blessed with Fauji Bhai who can understand the case better.

I have no grouse against the Executive who has done their job by accepting the recommendations of 6^th CPC, but have lot to talk about our step brothers (bureaucrats) who arte poisoned with jealous mindset.

The recommendation of 6^th CPC was accepted on 29-8-2008 and my first letter in form of RTI was sent on 26-N0v 2008. I can proudly state that I was the first to bring the shortcomings to the notice of the authorities. Thereafter there was a continuous flow of letters to all the Service HQs. MOD, CDGA MOF.

I have also personally met Director Pension (Shri Harbans Singh) and Joint Secretary defence Shri Sanjiv kumar.

On parallel front I was in touch with Shri V natrajan and Pratap Narayan (S29 group) who too were struggling on similar lines to get their legitimate dues

.

Having failed to get the desired result I with the help of few officers from NOIDA all of the rank of Major Sqn Ldr and Lt Cdr decided to file an appeal with AFT. This was in January 2010

My petition was first to be filed in court of law and first to be admitted by AFT. Major Navdeep Singh is fully aware about my petition .Another 14 petitions were also admitted by AFT Chandigarh. Civilian pensioners too are waiting for justice as stated in your article.

Sensing the mood the UOI have granted us the relief but from 24 Sep 2012 in stead of 1-1-2006. Unwittingly though, the UOI has admitted the genuineness of our plea yet lack courage to completely remove the anomaly

Currently the union of India coaxed by step brothers have filed the civil appeal No 8875 and 8876 in honourable supreme court and result” TARIQ PE TARIQ” The next date of hearing is 24 Jul 2014.

In addition to pre 2006 pensioners case rank pay case is also allowed in bits and pieces. While the arrears from 1986 to 1996 has been paid, the arrears from 1996 to 2006 and from 2005 onwards are being forcibly with held despite the opinion of AG.

Since the orders are being implemented in bits and pieces it is creating an unforeseen errors.

The following cases of pre 2006 defence pensioners are awaiting the issuance of Government sanction

1. Arrears of pension from 1-1-2006 to 23 Sep 2012

2. Rank pay case payment from 1996 onwards. If the orders on this count are issued then the dues at serial 1 automatically get addressed. In fact the pensioners would get more than what they have sought

3. OROP

The need however is to take into account all the above now otherwise you will have to issue a sepearte letter every day at 9 am annulling or amending the previous one.

Regards

Avtar Singh

Lt Cdr Retd

26-6-2014

Dear Col Anil Bhat,

Reference my e mail dated 26-6-2014

I am enclosing list of cases pending with HSC on modified parity in line with civilian cases

The curative petitions have been dismissed and it was expected that the UOI would pass on the benefit to all affected litigants but not to be so

Cases after cases are being cluibbed and for every new case added the fresh notices have to be sent to each individual a number of the has since expired or not traceable

Regards

MISCELLANEOUS MATTERS (INCLUDING FRESH MATTERS)
TO BE LISTED ON TUESDAY THE 4th FEBRUARY, 2014
-----------------------------------------------
ADVANCE LIST NO. AL/ 00023/2014
===============================
[COMPLETE AFTER NOTICE/ADJOURNED MATTERS ETC. AND
FRESH MATTERS (FROM SL.NO. 1 TO 302) TO BE LISTED
BEFORE HON'BLE COURT ]
                   ARM,ED FORCES TRIBUNAL DELHI/CHANDIGARH

1. C.A.No.8875-8876/2011 UNION OF INDIA & ORS. MRS ANIL KATIYAR
XVII A/N-O Vs. VINOD KUMAR JAIN & ORS. GP.CAPT.KARAN SINGH BHATI
111, 0, 0 S.(1504) (WITH OFFICE REPORT) MS. AISHWARYA BHATI
6TH LISTING (FOR FINAL DISPOSAL)
WITH
2  C.A.No.1998/2012 UNION OF INDIA & ORS MR. B.V. BALARAM DAS
XVII A/N-O Vs. GURMEET SINGH RAI & ORS. MR. ASHWANI BHARDWAJ
111, 0, 0 S.(1504) (WITH APPLN.(S) FOR CONDONATION OF
2ND LISTING DELAY IN FILING APPEAL. AND STAY
AND OFFICE REPORT)
(FOR FINAL DISPOSAL)
3 C.A.No.3907/2012 UNION OF INDIA & ORS. MR. B.V. BALARAM DAS
XVII A/N-O Vs. G.S. KANG & ORS.
111, 0, 0 S.(1504) (WITH APPLN.(S) FOR CONDONATION OF
2ND LISTING DELAY IN FILING APPEAL. AND STAY
AND OFFICE REPORT)
(FOR FINAL DISPOSAL)
CONTD...3/-
2
Tuesday February, 04 2014
AL /023/2014 CONTD....
WITH
4 C.A.No.4581/2012 UNION OF INDIA & ORS. MR. B.V. BALARAM DAS
XVII A/N-O Vs. M.S.MINHAS & ORS.
111, 0, 0 S.(1504) (WITH APPLN.(S) FOR CONDONATION OF
2ND LISTING DELAY IN FILING APPEAL. AND STAY
AND EXEMPTION FROM FILING C/C AND
OFFICE REPORT)
(FOR FINAL DISPOSAL)
5 C.A.No.3564/2012 UNION OF INDIA & ORS. MR. B.V. BALARAM DAS
XVII A/N-I Vs. GURLOCHAN SINGH DEOL & ORS. MR. ASHWANI BHARDWAJ
111, 0, 0 S.(1504) (WITH APPLN.(S) FOR CONDONATION OF
4TH LISTING DELAY IN FILING APPEAL. AND
C/DELAY IN RE-FILING APPEAL AND
STAY AND OFFICE REPORT)
(FOR FINAL DISPOSAL)
6 C.A.No.4980/2012 UNION OF INDIA & ORS. MR. B.V. BALARAM DAS
XVII A/N-I Vs. Y S NIJJAR & ORS.
111, 0, 0 S.(1504) (WITH APPLN.(S) FOR CONDONATION OF
3RD LISTING DELAY IN FILING APPEAL. AND STAY
AND OFFICE REPORT)
7 C.A.No.4132/2013 U.O.I. & ORS. MR. B.V. BALARAM DAS
XVII A/N-O Vs. SQN. LDR(RETD) S.L. DANGI
111, 0, 0 S.(1504) (WITH APPLN.(S) FOR LEAVE TO
2ND LISTING APPEAL U/S 31(1) OF THE ARMED
FORCES TRIBUNAL ACT, 2007 AND
STAY AND C/DELAY IN FILING
PETITION OF APPEAL AND OFFICE
REPORT)
8 C.A.No.4599/2013 UNION OF INDIA & ORS. MR. B.V. BALARAM DAS
XVII Vs. ROMESH CHAND & ORS.
111, 0, 0 S.(1504) (WITH APPLN.(S) FOR LEAVE TO
1ST LISTING APPEAL U/S 31(1) OF THE ARMED
FORCES TRIBUNAL ACT, 2007 AND
CONDONATION OF DELAY IN FILING
APPEAL. AND STAY AND OFFICE REPORT)
9 C.A.No.D25121/2013 UOI AND ORS MR. B.V. BALARAM DAS
XVII Vs. HONY.FLT.LFT.SHIV SHANKAR MR. YASH PAL DHINGRA
111, 0, 0 S.(1504) PRASAD & ORS
(WITH APPLN.(S) FOR LEAVE TO
1ST LISTING APPEAL U/S 31(1) OF THE ARMED
FORCES TRIBUNAL ACT, 2007 AND
CONDONATION OF DELAY IN FILING
APPEAL. AND OFFICE REPORT)
10 C.A.No.4952/2012 UNION OF INDIA & ORS. MR. B.V. BALARAM DAS
XVII A/N-O Vs. S.S.MATHARU & ORS.
111, 0, 0 S.(1504) (WITH APPLN.(S) FOR CONDONATION OF
4TH LISTING DELAY IN FILING APPEAL. AND
AD-INTERIM EX-PARTE STAY AND
C/DELAY IN FILING APPL. FOR
BRINGING LRS ON RECORD AND OFFICE
REPORT)





          THREE OUT OF FOUR CASES OF CAT PB DELHI (UNDER COMMON
           JUDGEMENT DATED 28-4-2013)

TOTALLY DIFFERENT CASES

11 SLP(C)No.36148-36150/2013 UNION OF INDIA & ORS. MR. B.V. BALARAM DAS
XIV A/N Vs. D.L. VHORA & ORS. MS. ASHA JAIN MADAN
111, 0, 0 S.( 601) (WITH OFFICE REPORT)
2ND LISTING
CONTD...4/-
3
Tuesday February, 04 2014
AL /023/2014 CONTD....
WITH
12 SLP(C)No.34799/2013 AMARENDRA NATH MISRA & ORS MR. LAKSHMI RAMAN SINGH
XIV A/N-O Vs. U.O.I & ORS
111, 0, 0 S.( 601) (WITH APPLN.(S) FOR PERMISSION TO
2ND LISTING FILE LENGTHY LIST OF DATES AND
WITH PRAYER FOR INTERIM RELIEF)

FIFTH CPC ANOMALY

13 Civil appeal D 45174/2012

UOI VS Wg Cdr Tomar