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
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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