Wednesday, April 15, 2015

MoD letter violates SC order on broad banding of disability

  • HT Correspondent, Hindustan Times, Chandigarh
  • Updated: Feb 14, 2015 08:38 IST
The apex court had come out with that order on December 10, 2014. The ministry letter issued on January 27 by ex-servicemen's welfare department undersecretary RK Arora, however, states: "The matter regarding the implementation of the judgment was placed before Raksha Mantri (defence minister), who has approved it prospectively from January 1, 2015, excepting the PMR/VR (pre-mature retirement/voluntary retirement) cases." The Supreme Court verdict, however, had stated that the benefit of broad banding be given to all.
The issue
The fifth pay commission had introduced the broad-banding formula to minimise medical subjectivity medical board mistakes by providing that those with below 50% disability would get a disability element by treating it as 50%, those with 50 to 75% disability would be granted the benefit of 75%, and the above-76% cases would be considered as 100%. Rounding off the disability percentage would mean higher pension for disabled soldiers.
The government had implemented it from January 1, 1996, for only those invalided out of the army. There was a series of litigation, in which various benches of the Armed Forces Tribunal, high courts, and then the Supreme Court held in a detailed decision that the personnel disabled before 1996 and those released on completion of terms or superannuation could not be deprived of broad-banding benefit.
One of the cases was of former army vice-chief lieutenant general Gen Vijay Oberoi (retd) of Panchkula, who lost his leg in the 1965 war with Pakistan. In 2011, In spite of a decision of the-then chief of the army staff, general VK Singh, of refusing to file appeals against judgments in favour of disabled soldiers, the MoD insisted on filing appeals in all matters, stating that the decisions were against "government policy" and instructing government lawyers to file appeals in thousands of these cases; this when the Supreme Court had ruled in favour of all disabled soldiers on December 10, 2014.
Contempt notice
Chandigarh-based All-India Ex-servicemen Welfare Association now has issued a contempt notice to the defence ministry. "RK Arora in the MoD department of ex-servicemen's welfare has committed contempt on two counts. First, he has asked the concerned branches vaguely to issue sanction letters not from the date upheld by the Supreme Court, and then mentioned that benefits may not be released to voluntary retirement cases," association chairman Bhimsen Sehgal stated in the contempt notice.
(Source- Hindustan times)

20 comments:

  1. Disgusting. Defence Minister has approved it.

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  2. HT news of 14 Feb 2015 ????

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  3. Jab Supreme Court ke faisle ko ye neta nahin mante to ham garib jawan kahan jaiy. Please tell us way of justice. Jai Hind ke siwai hamara koi nahin.

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  4. Even in civil those who suffer injuries in the course of employment and get amputed they would be treated at par with other employee in the matter of pay and perks even they should be given alternative job without making recourse to his pay and perks. see how inhumane treatment is meted out to a disabled soldier sustained during the course of guarding the nation. something we should do it to counter it otherwise babus in connivance with politicians do all sort of illegal thing. I am ready to give my life and property for the sake of my defense disabled brothers

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  5. Supreme court immediately comeup those who all are involved to twisting the judgement. And making own law. Strict action need for disability pension

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  6. The blog us yours.publicising comment. Is yours.. You will not get either OROP anything else. True is is the same.. Carry on the blog.

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  7. Dear GavinIN,
    Can u get and publish the letter mentioned in the above news dated 27 Jan 2015 for the information of many veterans including me. I could not found it in DESW site.
    Murugesan

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  8. We are not living to study this essay type articles on orop and other matters of related to esm. we want in reality to implement the orop and disability pension in all conditions.

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  9. All the statements regarding orop/disability pension are false ie. From PM, DM, FM,RRDM, SUHAG,KADAYAN, VK GANDHI,and other chamchas. There is no need to faith in these great men. Apni rukhi sukhi khao, Parbhu ke Gun gao.

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  10. Dear All,
    1. Notwithstanding the Govt letter issued by the US which is in total violation of Hon SC judgement, why there is sudden outrage over a letter dated 27 Jan 15 in mid-Apr. This letter has not been uploaded even in DESW website wherein some Mar 15 letters has been published. Something really amiss! Point to ponder is Mr Parikkar's decision to implement it prospectively wef Jan 15 is a dangerous trend and one can imagine what will be the final Govt letter and Tables on OROP as when it is approved and publicized. God save the faujis of this nation. Since there is no comment on this post, it is indicative of the awareness level of the serving and the veterans alike. No wonder we are all in such a mess even after Britishers left us decades ago. Jai Hind!

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  11. I request u Mr GavinVN, if possible get the letter dated 27 Jan 2015 in the above news. It is not available in the DESw website. It will be very useful to veterans including me.
    Thanks

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  12. As far as my knowledge goes there is no such letter issued by MOD Dept of ex-servicemen welfare signed by Mr R K Arora, it all seems a fabrication. If really it is there please upload the letter for information of all veterans and their comments.

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  13. If the Govt will stop the pension of all esm what can be done

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  14. Sir kindly upload mod letter regarding broad bending disability pension for armed forces dated 27 jan 2015. Or give us direction to search that letter

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  15. Please do not mind as per my view Mr Modi is good for nothing to Common and Poor people including to Indian Armed Forces but very good to Corporates, In addition I wish to say that UPA has also done so many bad thing and spoiled the Nation . Our Foreign Minister has no time to see the real problems of Common, Poor and Indian Armed Forces as Ex Serviceman are demanded OROP for last one year but result is nothing other than false promises

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  16. This is really disgusting.

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  17. Most of the notification issued by Govt are useless. There is no profit of these notification to living esm as medicine is useless after death of patient.

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  18. Respected Bhimsen Sir

    Pl. Oblige by uploading DESW letter dated 27/01/2015 to clear confusion


    Thanks

    Regards

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  19. DM is playing games worse than babus.

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  20. army morale is at all time low

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