Item I -
Dear Veterans,
Broad
banding of Disability Pension case for personnel on superannuation
had come up for hearing in Supreme Court today in Chief Justice's
court. Court has dismissed UOI's appeal and approved broad banding.
Minimum Guaranteed Pension w.e.f 01/01/2006 is listed for 13/01/2015 and
Rank Pay anomaly case (Contemt Petition) is listed for 09/01/2015.
We
are sure to win these cases also.
Kindly give a wide publicity.
Lt Col BK Sharma
President, RDOA
09871351203, 09212252627
.Item II - RM took a presentation by Service HQ where FA (DS) & CGDA were not present/invited. Topics were DACP and OROP. More details awaited.
The UOI had filed appeals against several thousand disablled supperannuated soldiers.The Supreme Court has come again in the rescue of such soldiers by dismissing UOI's appeals. It is really a good news for all all of them. It will also benefit future retiree with disability. RDOA is doing good job for future retiree/serving soldiers also.
ReplyDeleteSir, Hearing in Supreme Court was also slated on 18 Dec 2014. What about that? Has it been rescheduled for 09 Jan 2014? It is also heard that PCDA(O) has ignored the MoD letter dated Jul 2014 and instead has worked out rank pay arrears based on MoD letter dated Dec 2012! Is this true?
ReplyDeleteSir, all related Civil Appeals including CA 418/2012 listed for 18 Dec 14 were heard by a 3 Judge Bench presided over by the CJI of India and the judgment pronounced as quoted by Lt Col B K Sharma, President of RDOA, who was present in Court.
ReplyDelete2. Please do not believe rumours re Rank Pay arrears for 5th CPC tenure. The 27 Dec 2012 letter confined benefits for the period 1.1.1986 to 31.12.1995.
Sir, What u say is true, but then these r not rumours and based on arrears recd by offrs - Why so, bcoz firstly, PCDA(O) has now paid rk pay arrears wef 01 Jan 96 and that too ltd to the first acting rk (Capt / Maj / Lt Col / Col / Brig) held during the period of 5th CPC till assumption of substantive rk); secondly it has ignored Jul 2014 letter and not paid anything for 4th CPC period. Their modus operandi or interpretation of MoD letters is not understood.
DeleteSir,
DeleteArrears for 4th CPC period were paid in May 2014 or earlier. The only ones not paid are those who have not sent their applications to PCDA (O)/NPO/AFCAO.
Lt Col B K Sharma was paid Rs 51000 and when he filed RTI, he was paid another Rs 51000.
Maybe that would have to be done by all those who feel they have not received the correct amount of arrears + interest.
Sir, Tried to read the judgement on the 'Judgement Information System' of SC, but it is not found. Can you kindly put out a copy of the same on the blog for benefit of disabled veterans like me.
ReplyDeleteIt is not yet been uploaded. Usually takes about 48-72 hours.
DeleteDear Sir,
ReplyDeleteNow that Rank Pay Case (Contempt Petition) is listed for 9th Jan 2015, I don't know whether to feel Happy or Sad about it. :-|
warm regards,
- Harry
If you are happy, we would be HAPPY!
DeleteMerry Christmas and Happy New Year.
The rank pay case postponements are certainly not routine & it may be connected with the speed of execution for 5th PC arrears..
DeleteI do feel happy about it since the concerned people accused of contempt seem to be very worried about the contempt charge & their own actions are proving the contempt.
They are indeed in a catch 22 situation.The tactics of delay may be only a notch , tightening of the noose :)
Sir,
DeleteIn reply to my direct query about the Sunny Deol line of "tareek pe tareek", the lead Advocate on Record stated that what we see is the LOBIS going about generating dates and there is only the human intervention when other case loads are compared and some cases are postponed. He assured me that there isn't any other reason.
One may take it as the correct version because till yesterday CA No. 418 of 2012 was still listed to be heard in February 2015 but the judgment was pronounced on 10 Dec 14 in the Disability Benefits broad-banding case.
It would be really interesting to see whether the "Minimum Guaranteed Pension" judgement could at all have an effect on related matters.
ReplyDeleteMay be we are in for a modern miracle!
DeleteSir
DeleteFor all miracles a messiah is required.Do we have one in Modi/Parikar ?:)
You are one too - all it needs is self-belief and patience!
DeleteSir, it is intimated by many officers that PCDA (O) has not paid any interest on rank pay arrears for V cpc which are being paid by them consequent to MoD letter of 24 July 2014. Are they not supposed to pay interest @ 6% from 01 January 2006 till the date of payment. May I request you to please clarify.
ReplyDeleteLt Col Sharma's example may be followed - he got Rs 51000, filed a RTI and he was paid another Rs 51000!!!!!!!!!!!!!!!
DeleteDear Sir,
ReplyDeleteThis was sent to me by a senior retd officer on his coursemates' mailing net. Knowing his credibility I thought I must share this on this esteemed blog, Regards.
RECORD OF MEETING WITH RM – 10
Dec14
A special meeting was called by RM on 10 Dec 14 to which reps of 3 recognized Ex-servicemen Associations, including DIWAVE, were invited. The officials who attended the meeting included DG(PS), DGR, MD (ECHS), Secretary KSB, AFA, Joint CGDA and JS (ESW), in addition to RRM and Secy (ESW).
2.Stating that the primary focus of meeting was OROP, RM sought the views of the Associations on the issue . We responded that the organization that is spearheading the issue is IESM who had already briefed him yesterday and that we had nothing more to add.
3. After listening to Lt Gen Balbir Singh, President IESL’s arguments, RM stated that the implementation of OROP was not in doubt as it was a solemn commitment of the Govt and BJP. The only question was of modalities for future increases i.e. dynamic adjustments or in slabs. A view was expressed that while granting increments until end 2015, the 7th CPC could be asked to give formula for future adjustments. On the question of expenditure figures, it was pointed out that whatever be the amount, it would not appear significant when compared with Rs.12500 crores as the cost of each DA instalment which is twice a year. Also, a commitment is commitment, whatever be the cost.
4. After hearing pros and cons, RM indicated that he was in a better picture and that while he would not like to bind himself with a timeframe, he is keen to take final decision as soon as possible.
5. Before the meeting ended, we did bring to RM’s attention 2 priority issues – a. Attitude and functioning of DESW and b. The dire need to reduce litigation by effecting 4-5 changes in current pension policies. It was decided that a small group comprising DIWAVE reps and DESW officials would discuss the issues and put up recommendations to RRM & RM. RM indicated that he would have no hesitation in withdrawing legal cases if so warranted. Also, by end Jan15 he would call another meeting on such issues.
3. With reference to some reports about Shri Harbans Singh, former Dir /JS Pensions likely to be brought back, we made it clear that such a step would be retrogressive, because of his anti-veteran approach and the fact the he alone was responsible for proliferating mindless litigation against the disabled and war widows. The point was taken note of.
This is from Col Handa of Disabled Veterans.
DeleteHowever, there will be double good news soon - for serving and Veterans! For the moment I am not allowed to disclose the contents.
Maybe A Happier New Year.
sir ,
ReplyDeletewe are hearing about broad banding of disability pension to all (not got invalidated from service/normal retired/out of services ) as per that 20% disability personals will get 50% disability pensions ?
if it is happening when it will be getting ?
thanking you sir
BROAD BANDING OF DISABILITY PENSION - RM should immediately disband Department of Ex-servicemen Welfare (MoD) for not honouring the judgements of AFTs/High Courts and dragging thousands of LIVING/DEAD VETERANS/THEIR NOKs to the Supreme Court and causing financial loss to them.
ReplyDeletepl let me the mod circular detail with regard to implementation of broadbanding of disability pension as per sc latest order
ReplyDeleteCan someone please tell me , is the RMB has calculated three disabilities as 30%+30%+5% , is the composite disability 53% or 50%.
ReplyDeleteAnd if it is 50% then under the broadbanding principle is it elligible for 75% disability pension or 50%.
Thanks.
Can someone please tell me , is the RMB has calculated three disabilities as 30%+30%+5% , is the composite disability 53% or 50%.
ReplyDeleteAnd if it is 50% then under the broadbanding principle is it elligible for 75% disability pension or 50%.
Thanks.