Monday, February 17, 2014

IV CPC Rank Pay Case update as on 17 Feb 14

Rank pay case exclusive: Babus make veterans wait on older case

Jugal Purohit  New Delhi, February 17, 2014 | UPDATED 21:13 IST
 

Lt Colonel (Retd) BK Sharma (Left)
On a day the UPA's Vote On Account aimed at delivering the long-awaited One Rank One Pay (OROP) to the defence forces personnel, came yet another reminder of the difference between grand promises and their tardy implementation.

Top bureaucrats, including former defence secretary and present Comptroller and Auditor General (CAG) Shashikant Sharma, Secretary RS Gujral, Arunava Dutt and Priti Mohanty were ordered to appear in the apex court to face contempt petition moved by the Retired Defence Officers Association (RDOA). Not only did they not appear in the court, they in fact sought from court time to file their side, causing much heartburn to the veterans fighting this long battle.
 What did the SC say?
Accusing the bureaucrats of 'deliberate and intentional non-compliance' with the apex court's earlier order of September 2012, the RDOA had filed a 49-page contempt petition before the SC. Acting on that, the deputy registrar of the SC had issued an order on November 27, last year mandating these bureaucrats to remain present in court. In fact, the SC order went further and mentioned, "You shall attend the court in person on the above mentioned date and shall continue to attend the court on all days thereafter to which the case against you stands adjourned and until final orders are passed on the charge against you. HEREIN FAIL NOT."
 
"None of them appeared," said Lt. Col (retd) BK Sharma of the RDOA. "The Solicitor General appeared on their behalf and said they will file a reply today. Court said okay and gave another two weeks, if we would like to file anything as response. The court should have taken suo moto cognisance of this asking why, despite the court asking them to appear in person they did not remain present," he added.
"This is a much older case in which even the Supreme Court has closed the issue. There is no accountability for those in charge of implementing it. This is money due to us for al most 30 years ago and yet there is no resolution in sight," added Brigadier (retd) Dharam Prakash, active member of the Indian Ex Servicemen Movement (IESM).
The RDOA had filed a 49-page contempt petition in this case on account of what they believed was deliberate and intentional non-compliance with SC's order of September 2012.  
What is the Rank Pay case all about?
The case, famously known as the Rank Pay case was initiated by Major AK Dhanapalan when he aprached the Kerala High Court in 1998 praying that as per Govt of India resolution, 'rank pay' was admissible to army officers in addition to their integrated scales. Since this was to take place since 1.1.86 i.e date of implementation of the fourth pay commission, court allowed him re-fixation of his pay from that date without deducting his pay based on rank pay -  a practice which was taking place then. Subsequently, the RDOA took up this case on behalf of retired officers against whom the MoD lost all appeals and petitions before all courts, including the SC.
 
 
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Thursday, February 13, 2014

MUST DO IMMEDIATE POINTS FOR WELFARE OF EXSERVICEMAN


IMMEDIATE MUST DO POINTS FOR WELFARE OF EX SERVICEMEN

 
1.         Tell MoD to implement SC order in IV CPC rank pay case. Contempt Petition hearing due on 17 Feb 14.

2.         Withdrawl of all appeals /cases against Exservicemen in the Supreme Court especially relating to disability pension as directed by the Raksha Mantri and implementation of the judgments given in favour of ESM by the Armed Forces Tribunals.

3.         Extend AV Singh report to all pre 2004 offrs also.

(a)       All officers with minimum 13 yrs commissioned service to be given pension of Lt Col as after the implementation of the report that is the rank      attainable at 13 yrs. This will mitigate the pension problem faced by Majors whose pension has got lowered substantially with officers having more than 13 yrs service but less than 21 yrs.

(b)       Officers with service of 13 yrs or more till 26 yrs to be given pension of Colonel as all officers are being given pay and pension of Col on completion of 26 yrs service as of now whether by selection or time scale.

(c)        Officers with 26 yrs or more to be given pension of Brigadier.

4.         Implement DACP scheme for army doctors also as per judgment of Hon’ble Supreme Court.

5.         Extend Non Functional Upgradation to armed forces also.

(a)       Under the scheme all Group A offrs will reach the level of Additional Secretary which as of now is equivalent to Lt Gen and only 0.001% reach that level.

(b)       All Group B officers can hope to retire as Joint Secy if not higher which is equivalent to Major General and very few army officers reach that level. 99.9% officers of the armed forces retire at the rank of Colonel.

6.        There is no point in giving half baked OROP. Implement points 1, 3 to 5 followed by OROP as all are inter linked. OROP as a concept is agreed to.

7.         Resolve outstanding anomalies from IV CPC onwards which should be the datum line for 7 CPC to start with.

8.         Implement  3 Assured Career Progress (ACP) promotion as recommended by 6 CPC for all JCOs and ORs.

9.         Assured second career for ORs as they retire at a very young age of 37 yrs with suitable financial compensation for early retirement.

10.         Restore the status of army officers in pay and equivalence which has been degraded since IV CPC to such an extent that even Group B officers are better placed than army officer.

Wednesday, February 5, 2014

Voting By Armed Forces Personnel

The Election Commission has said that it won’t allow armed forces personnel to vote at their place of voting as it would upset the local voting pattern of a constituency. The risk, an EC official said, was more in Jammu & Kashmir and North Eastern states like Arunachal Pradesh and Sikkim, which are thinly populated but have heavy military presence. Besides, in many constituencies in Kashmir, where the voter turnout could be very low, the participation of the local military unit may alter poll results.

Since Independence a false sense is prevalent, that the armed forces should remain apolitical and insulated against the electrol process. The Government, Election Commission and the armed forces themselves have not encouraged the men in uniform to vote fearing that their voting could alter the local voting and they would become a sizable ‘Vote bank’. Voting by armed forces could also dilute the apolitical nature and the forces could become demanding.

Neglect of the armed forces personnel by the very people who are supposed to look after them have made them change their mind and move towards vote bank politics as it is seen that those who vote are heard much more than those who don’t. The Supreme Court ruling of 1971 that armed forces personnel can register themselves as general voters like any other citizen has not found favour  with the Election Commission. It is not that men in uniform are not allowed to vote, but many have never voted either. Nor is there a system in place which ensures that every person gets registered and votes. Even the Service HQs have not shown interest to make their men vote. Moreover prior to, and during elections the armed forces are on standby to thwart any evil designs of the enemy/election duty. So, therefore, what is the solution?

Right to Vote

The Constitution guarantees voting rights to every citizen of the country who is eligible to vote and the armed forces are a part of the citizens of this country. Hence voting by members of the armed forces cannot be denied. ‘Right to Vote’ exists and should be honored.

Registration for Voting

Next, there should be a system in place so that persons can vote. The method of sending ballot papers by post is outdated and reaches much beyond the date and time of casting vote. There is no database to know as to how many are registered voters and how many need to register to be eligible to cast their vote. So foremost,  there is a requirement to create such a database of all the eligible personnel. This can best be done by involving the ‘Regimental Centres’ which  would be having a computerized database of their regimental jawans and their place of posting/location. Army HQ must get fully involved and push the Regimental Centres to register all personnel. The facility of the Election Commission to register ‘ON LINE’ should be exploited and encouraged by the armed forces by themselves.

For Future

At the time of enrolment itself the armed forces personnel should be made to register for voting. This task should be undertaken by the Regimental Centres.

Casting of Vote

Having ensured registration by all, thereafter a system needs to be evolved by which all can vote much earlier to the date of voting by the general public or during the intervening period between the date of voting and counting of votes which the EC should be able to decide in consultation with Army HQ. The present methodology of ballot papers and ballot boxes / proxy voting is not recommended as it is outdated and full of delays.

India takes pride in calling itself the IT Capital of the world but finds it difficult to put a system in place which can effectively ensure ‘On line’ voting by its people. If railways / airlines reservation system / banking system, /filing of income tax returns can function effectively, there is no reason as to why an on line voting system cannot be installed. A mind set change of the EC and the Army HQs is required. Technology is available, technical expertise exists. All that is required is to Rig it up before the elections.

How can it be done?

  • ·        Existing EC system for registering on line can be used with suitable modification or
  • ·        The Aadhar UID system can be integrated with the EC system.

How will access /voting be done?

It is presumed that all armed forces personnel have registered themselves and have a valid voter id.

  • ·        Access/login should be based on the personal number id given to every defence person at the time of enrolment and stays with him throughout.
  • ·        After logging in, the system should display his photo, particulars like name, address, unit, constituency etc.
  • ·        System should authenticate him by asking him his voter id card no/aadhar card no.
  • ·        System there after directs him to his state constituency with the names and symbols of the persons standing for election.
  • ·        Defence person exercises his right to vote by clicking on the name of the aspirant.
  • ·        System locks his voter id to prevent duplication of casting vote again.

What other option available?

EC should send EVMs under its authorized reps to the Regimental Centres who in turn should dispatch these EVMs under Special Courier to the units as per location.
After the votes have been cast, the EVMs are returned to the Regimental Centres and then on to EC for counting of votes.

Should voting be at place of posting or home constituency?

The major question facing the EC is that of whether voting should be at the place of posting or to the person in the constituency. The option of voting at place of posting has been turned down by the EC. Apart from the voting pattern shift, as an example, the soldier from Kerela sitting in Leh/Tawang would be least interested in the local constituency as he would be more worried about things/happenings back in his home constituency. It would be in fairness, that defence persons posted in field/semi field areas should be allowed to vote for the home constituency rather than to at the place of posting.

What about those who are posted in peace stations?

That is debatable. No unit / person remains in a peace station for more than two to three years. Persons in peace locations get aligned with the local population and face the same problems/facilities as any other citizen and would like their vote to be counted and their problems attended to. So it would be appropriate that defence persons in peace areas are allowed to vote for the constituency at the place of posting or alternately the option can be given to the individual whether he would like to vote for locally or his home candidate.

Voting for the party / PM Candidate

Another option which is workable and  far better , would be to vote for the political party eg Congress/BJP or the party’s Prime Minister candidate.  It is then the responsibility of the Party/PM to ensure that instructions are issued down the line to resolve the problems related to / faced by the armed forces personnel.

It is never too late to remind the people of this country about  Chankaya’s advice to his King; to attend to the problems of his soldiers so that they can do their duty fully committed to the nation. The EC and the Armed Forces HQs must make a concerted effort to ensure that the defence personnel get themselves registered and are able to cast their vote like any other army in the world and be counted.      



Tuesday, February 4, 2014

Voting by Armed Forces Personnel

ELECTORAL TANGLE

EC won’t allow def staff to vote at posting place

Bharti Jain TNN



New Delhi: Months after the then chairman of the chiefs of staff committee, N A K Browne, wrote to the Election Commission seeking the right of members of the armed forces to be registered at the place of their posting just like a general voter, the election panel has positioned itself against the proposal.
    Sources in the EC told TOI it was disinclined to allowing soldiers to vote from their cantonments or military stations, as the results in such constituencies could be influenced by the sheer number of such voters on the rolls rather than the locals’ preference.
    The risk, an EC official said, was more in Jammu & Kashmir and northeastern states like Arunachal Pradesh and Sikkim, which are thinly populated but have heavy military presence. Besides, in many constituencies in Kashmir, where the voter turnout could be very low, the participation of the local military unit may alter poll results.
    “How can one rule out the risk of a ruling dispensation trying to influence results by getting a large unit, like a brigade, to relocate to a particular area just six months before a poll?” asked the EC official.
    The EC may present its arguments against allowing defence service voters to vote from the place of their posting to the defence and home ministries when their representatives meet here on Tuesday to discuss the issue. While arguing for a status quo that treats service personnel differently from ordinary voters in the coming Lok Sabha elections, the commission, however, will insist on cooperation of the armed forces to make the postal ballot and proxy voting mechanism more effective.
    There is, however, a view in the EC that internet voting facility for the armed forces and embassy staff could be considered.
    For the full report, log on
    to www.timesofindia.com