Wednesday, September 27, 2017

LETTERS TO RAKSHA MANTRI BY IESM : 26 SEP 2017

26 Sep 2017
To
Smt. Nirmala  Sitharaman                                                                                                                      Hon’ble Raksha Mantri                                                                                                                          104, South Block, New Delhi-110011

DELIBERATE & UNACEPTABLE DOWNGRADATION OF DEFENCE PERSONNELBY MOD BUREAUCRATS WITH MALAFIDE INTENT

Dear Hon’ble Raksha Mantri,

1.      Please accept our heartiest congratulations on assuming charge of Ministry of Defence. We are certain that under your able stewardship the Defence Ministry will turn new milestones in meeting India’s Defence challenges. I am writing to you on behalf of Veterans fraternity regarding un-acceptable down gradation of Defence Forces personnel through misrepresentations by certain bureaucrats in MoD with malafide intent, to the extent that RRMhas been made to givefactually incorrect reply in Rajya Sabha, based on inputs fed to him by these conspiring officials. This one issue has hit the morale of Armed Forces personnel harder than anything else, creating a perception that the present Govt is only stirring nationalist emotions, but in reality is acting against the Faujis in its dealings. The details of issues are given below for your consideration.

2.     Grant of Non Functional Upgradation (NFU). The NFU was recommended by VI CPC to compensate for stagnation in Group A Services. However, the Armed Forces Officers who face maximum stagnation have been left out. Despite Judgement by Principal Bench Delhi in OA No 802/2015, the Govt has refused to extend NFU to Armed Forces and instead approached SC. Since all Group A Services officers have now migrated to higher VII CPC Pay Levels due to NFU, it has resulted in unacceptable down gradation of Defence officers, resulting in serious functional problems in organisations where Defence Officers serve alongside other Group A officers. While the SC also appears to be rejecting the Govt contention, the MoD is now planning to downgrade the Status of Commissioned Offrs through a Committee and equate them with Gp B cadre to deny the NFU. Hon’ble RM therefore, needs to intervene and give directions for cancellation of Equivalence Committee and implementation of AFT Judgement for upholding the established Status of Armed Forces Officers.

3.   Committee on Equivalence set up by MoD. MoD has set up a three Member Committee headed by Addl Secy (Def Production) for establishing Equivalence between Defence Services Officers and AFHQ Civil Services (CS) Officers. Since AFHQ CS is a Group B secretarial service in Services HQ, similar to Central Secretarial Services (CSS) in other Ministries, this amounts to equating the Commissioned Officers of Armed Forces with a Group B Service, thereby creating very strong resentment amongst the Services officers. There exists no precedence of establishing Equivalence between any of Group A Services and Group B Services. This Committee therefore, needs to be cancelled forthwith.

4.   Unaceptable communications Downgrading the Status of Defence Personnel.  A number of mischievous communications have been issued in the past by MoD/ its constituents/ other Ministries at the behest of MoD, equating JCOs of Armed Forces with Gp C employees, Capts & Majors with Gp B posts and Lt Cols with Dy Directors (lowest Gp A designation). These have been issued based on various fictitious/unsubstantiated documents. Itcannot get more humiliating and shameful for Defence personnel than such degradation in Status. However, instead of enquiring into such irregular communications, the MoD bureaucracy is now using these very letters for down grading the established Status of Defence personnel.  Such actions by MoD bureaucrats are likely to create serious unrest and resentment in Armed Forces. Hon’ble RM is therefore, requested to issue directions for cancellation of all such letters and restoration of established Status of Armed Forces at the earliest.

5.    Setting Up High Powered Committee (HPC).   The PMO vide its Directive dated 28 Dec 2008 had ordered  for setting up of HPC, based on recommendations of GoM, for resolving Status equivalence and command & control  issues between Armed Forces, CAPF and civilians including AIS. However, the MoD bureaucrats have not allowed setting up of this HPC till date, despite repeated requests by Services HQ. For permanent resolution of issues involved, it is essential that HPC be set upat the earliest. The PMO/ Cab Secy therefore, need to be approached for implementation of PMO directive for setting up of HPC without any further delay.

6.   Rectification ofPay Commission Anomalies affecting Status of Armed Forces. There are number of outstanding Pay commission anomalies which have downgraded the status of Uniformed personnel, but remained unaddressed since long, the most prominent being incorrect fixation of Pay Gdes and Pay Levels. Since the Armed Forces personnel cannot form any Association and do not have the privilege of JCM mechanism, Govt appears to have simply abdicated its responsibility towards them. It is incumbent upon the Govt to form a High Level Committee to lookinto all the anomaliesof Defence personnel as well. Hon’ble RM is therefore, requested to issue directions for resolving all outstanding anomalies of Defence personnel affecting their status at the earliest.

7.     Restructuring of MoD.  Presently MoD is almost completely manned by civil bureaucracy with insignificant number of Defence personnel. The decision making in MoD is completely devoid of professional inputs from Defence personnel. Over a period of time, the civil bureaucrats in MoD have started to aggressively compete with the Defence Forces for the status and various privileges, unmindful of the differences in Service conditions, resulting in dishonest advise to senior hierarchy. This has been getting manifested in unilateral decisions based on factually incorrect inputs, which in turn have been generating a feeling of desperation and anger amongst the Defence personnel. The MoD therefore, need to be restructured at the earliest to include more number of Defence personnel in the decision making. I would like to quote an example that a USA which is super power has a tradition of def sec who are ex-Military officers, you are in-fact dealing with def sec USA, a retired Lt Gen Mattis of US Army. No doubt USA is a super power.

8.    Veterans would be failing in their duty, if I on their behalf do not mention here that Morale of Indian Army is in their boots and it is likely to go down further with this new equivalence being suggested by MOD. If this unacceptable equivalence is pursued, there is every possibility of strong resentment from serving officers/JCOs and ORs.

9.         Hoping for a positive response on all above mentioned issues.

With regards,       
Yours Sincerely,

Maj Gen Satbir Singh, SM (Retd)                                                                      Advisor United Front of Ex Servicemen &                                                  Chairman Indian Ex-Servicemen Movement (IESM)                                                 Mobile: 9312404269, 01244110570                                          Email:satbirsm@gmail.com   

Copy to:- 
General Bipin Rawat, UYSM, AVSM, YSM, SM, VSM    Chief of the Army Staff                                         
Integrated HQs of Ministry of Defence (Army)
South Block, New Delhi-110011

For information and request to take up with the Govt the above issues.
ACM BS DhanoaPVSM AVSM YSM VM ADC                 Chief of the Air Staff                                           Integrated HQs of Ministry of Defence (Air Force)          Vayu Bhawan, New Delhi 110011


Our request as above.
Admiral Sunil Lanba PVSM, AVSM, ADC                        Chief of the Naval Staff  &
Chairman Chiefs of Staffs Committee (CoSC)
Integrated HQs of Ministry of Defence (Navy)  South Block, New Delhi -110011

Our request as above.

 =======================================================

26 Sep 2017
To
Smt. Nirmala Sitharaman                                                                                 Hon’ble Raksha Mantri                                                                                    104, South Block, New Delhi-110011

REGISTRATION OF DEFENCE PERSONNEL AS VOTERS AT THE PLACE OF POSTING

Dear Hon’ble Raksha Mantri,

1.  It is a matter of serious concern that the Armed Forces Personnel have been denied their constitutional right to be registered as voter at the place of posting.  The existing system allows the soldiers to cast their votes either through Postal Ballot or through proxy voting at the place of their permanent home.  This system has not worked effectively due to late receipt of Postal Ballot papers and the Proxy voting has its inherent flaws.

2.  Armed Forces Personnel and their family members have constitutional right under the PR Act 1950 to be registered as voters at the place of their posting as a place of their ordinary residence.  Unfortunately, this right has been denied to them for the past 60 years.  Supreme Court in their Judgement in 1971 vide AIR 1971, SC 2151 had ruled that Service Qualification cannot take away their right to be registered as voters at their place of posting in India.  Service Qualification therefore, was primarily meant for Armed Forces Personnel who are posted abroad on various missions since they are not part of any Indian Constituency.    Army Order 15/95 also authorizes the Armed Forces Personnel posted in India to be registered as voters at the place of posting.

3.   Unfortunately, Armed Forces Personnel, even after the above judgement had been denied this important right to be registered as voters at the place of posting. It appears that neither the EC nor the AFs have spread awareness that AF personnel and their family members posted in India have a right to be registered as voters at place of posting. Consequently the majority of the AF personnel are unable to vote, thus denying them their constitutional right as voters.  
                                                                                                                      
4.      It seems that Defence Services Regulations (DSR) Chapter X has not been amended after the SC Judgement.  Consequently, clear instructions do not exist to ensure that service voters can be registered at the place of posting resulting into non adherence of the SC Judgement.  Services Voter is a Voter with Service Qualification as long as he/she is posted abroad and the Services qualification Ceases on posting back to India, applicable to all Public Servants and Defence Forces. 

5.  There is, therefore need to put a workable system into practice across the country to facilitate smooth registration as voter at the place of posting for the AF personnel.  This can best be done if Stn Cdrs/Adm Offr are made the EROs at respective military stations/cantonments.  The other two options ie Ballot paper and Proxy Voting should continue to be the other options available without prejudice to their right to be registered as voters at the place of ordinary residence ie the place of posting.

6.    In this connection Press Information Bureau Govt of India Min of Defence dated 10 Mar 2015 is enclosed for your information please.

7.     May we request you to issue suitable instructions to all concerned to allow smooth registration of voters for all AF Personnel and their family members at the place of posting to enable them to effectively exercise their voting rights? 
 
With regards,       
Yours Sincerely,

Maj Gen Satbir Singh, SM (Retd)                                                Advisor United Front of Ex Servicemen &                                      Chairman Indian Ex-Servicemen Movement (IESM)                                     Mobile: 9312404269, 01244110570                                          Email:satbirsm@gmail.com   
Copy to:- 
General Bipin Rawat, UYSM, AVSM, YSM, SM, VSM            Chief of the Army Staff                                         
Integrated HQs of Ministry of Defence (Army)
South Block, New Delhi-110011

For information and request to take up with the Govt the above issues.
Air Chief Marshal BS Dhanoa PVSM AVSM YSM VM ADC        Chief of the Air Staff                                              Integrated HQs of Ministry of Defence (Air Force)          Vayu Bhawan, New Delhi 110011


Our request as above.
Admiral Sunil Lanba PVSM, AVSM, ADC                       
Chief of the Naval Staff  &
Chairman Chiefs of Staffs Committee (CoSC)
Integrated HQs of Ministry of Defence (Navy)  South Block, New Delhi -110011


Our request as above.
Brig HS Ghuman, SC (Retd)
President AIVCG NGO,
#1043 sector 71 Mohali Punjab Pin No -160071
====================================================
For information please.
 Press Information Bureau 
Government of India
Ministry of Defence
10-March-2015 15:56 IST
Voting Rights of Armed Forces Personnel

Issues relating to further facilitation of voting by defence service personnel had been taken up with Election Commission of India. Meanwhile, the Hon’ble Supreme Court passed an interim order on 24.3.2014 in Writ Petition (C) No.1005 of 2013 (Neela Gokhale versus Union of India & Another) with Special Leave Petition (C) No.6554/2014 (Rajeev Chandrasekhar versus Union of India & Others), inter alia, giving directions regarding registration of Service personnel posted in peace stations as general voters; not insisting on Election Commission of India’s order dated 28.12.2008 wherein certain conditions for registration of Service personnel as general voters have been prescribed; furnishing of details of peace stations to Election Commission of India and providing assistance to Election Commission of India for making Postal Ballot effective. 

In compliance of the ibid interim order of Hon’ble Supreme Court, list of peace stations was furnished by the Ministry of Defence to Election Commission of India for registration of Service personnel working in those locations as general voters. Election Commission of India, in compliance of aforesaid interim orders of the Hon’ble Supreme Court, issued instructions on 26.3.2014 to all Chief Electoral Officers of all States with reference to Service personnel who have been posted at peace stations on 1.1.2014 and continue to be posted there on the date of the commencement of the election process in the concerned Assembly Constituency. Even after completion of General Election to Lok Sabha 2014, the Commission have extended these instructions for further period till any further order is given by the Hon’ble Supreme Court. Internal instructions were issued by the Ministry of Defence to the Services Headquarters for taking all necessary steps and provide necessary assistance to Election Commission in making Postal Ballot for Service personnel effective. 

This information was given by Defence Minister Shri Manohar Parrikar in a written reply to Shri Rajeev Chandrasekhar in Rajya Sabha today. 

DM/NAMPI/HH/RAJ 

(Source- Via e-mail from Maj Gen Satbir Singh, SM (Retd) 

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