By Speed Post – Article EK528283447IN of 15 Dec 2014
Veteran Air Marshal S Y Savur PVSM AVSM
141 Jal
Vayu Towers,
Cellphones: +919449676278 N
G E F Layout,
+
919688782227 Indira
Nagar (PO),
Email: sysavur@gmail.com Bengaluru –
560 038
Blog: URL: sharad10525.blogspot.in 15th December
2014
To,
Shri Manohar Parrikar, MP
Hon’ble Raksha Mantri,
Ministry of Defence,
104, South Block, New Delhi – 110 011
SOME ASSISTANCE IN UNDERSTANDING
OF THE WORKING OF MINISTRY OF DEFENCE
Dear Hon’ble Raksha Mantriji,
I
have read in the newspapers and heard in TV news broadcasts that you want to
understand how your Ministry of Defence works.
2. Utilising the RTI Act, 2005 from November 2012 onwards, I too
have been endeavouring to understand how the Ministry of Defence works,
especially in treating Veterans, more commonly known as Ex-Servicemen, in
different aspects of pensions, disability benefits, release of funds to the
Ex-Servicemen’s Contributory Health Scheme (ECHS), and above all the
logic/rationale in filing of hundreds of appeals, Special Leave Petitions, Writ
Petitions, the odd Review Petitions, as well as the final stage in the Hon’ble
Supreme Court, the Curative Petition.
3. MoD has wasted much more funds in paying the Govt’s law
officers to file or defend its own briefs than what it would have cost MoD to
pay the Veterans/NoK. Needless to add, MoD has lost at least 90% of the cases
(including the most recent one where the CJI headed Bench ruled against the
MoD. My RTI Online request to the Deptt of Ex-Servicemen’s Welfare
(DEXSW/R/2013/60027) in September 2013 was transferred to the Armed Forces, who
cannot/do not maintain records and a Second Appeal before the CiC is pending.
4. I am enclosing an anthology, titled “Twists in the Tales,”
compiled from the disclosures by MoD and CGDA. I hope it gives you a more
complete perspective of how the MoD and its affiliates work in the Rank Pay
Case of UoI/MoD Vs Lt Col N. K. Nair & Others.
With
Best Wishes
Sd/--------------------
What is the Twists in the Tales
On 8th March 2010, the
Hon’ble Supreme Court ordered that amount of Rank Pay deducted in 1987 prior to
revision of Pay in the Integrated Scale was wrong in Transfer Petition (Civil)
No. 56 of 2007.
This judgment was followed by an
uncharacteristically fast and furious exchange of notes, meetings, legal
consultations and it ended with filing Interlocutory Application No. 9 of 2010
in TP (C) No. 56 of 2007.
The Twists in the Tales is a compendium of the notes
from the files of the Office of the Controller General of Defence Accounts (O/o
CGDA), Ministry of Defence (MoD), and its Division of Finance/Defence to have
the Hon’ble Court recall, modify, re-hear de novo the case of UoI Vs Lt Col N K
Nair & Others.
It is also the revelation of how CGDA, primarily an audit and accounting service, which sets the implementation methodology for the MoD letter dated 27th December 2012.
MoD appears to accept that 'conflict of interest,' especially as it has a Defence (Finance) division, headed by a Secretary, who in any case is an IDAS officer, promoted from the office of the Controller General of Defence Accounts!
Who will
audit the CGDA in the Rank Pay case and the methodology? Would CGDA
audit itself and then do what if there are faults - as indeed pointed
out by the (now late) Attorney General for India? Practice nepotism by
not holding itself accountable?
One shudders to think what would have happened if the C & AG went about deciding implementation methodology for the 2G spectrum case and also the Coal mines allotment case. Could C & AG then have audited itself and found the loss to the Public exchequer of the lakhs of crores of rupees? And, most importantly, laid the blame at its own doorstep?
Dear Sir, We have said it many times but I must again. The treatment meted out to us in terms of denial of our legitimate dues is painful. The energy to rise to our daily challenges comes from belief that what we do is special for many reasons. Your inspiring fight for justice gives hope that all is not lost and more importantly a reaffirmation that a soldier does not give up his cause in face of daunting odds. Thanks a ton for helping many in keeping the faith. Jai Hind !
ReplyDeleteDear Sir,
ReplyDeleteHats off to your eternal optimism and tireless perseverance!
Sir, Thanks for your efforts and by now we know details as to how all efforts were made to avoid payment of rank pay deducted in 1987. Is there any hope to get back payments of rank pay deducted in 1997?
ReplyDeletePay Parity for Defence Personnel – Memorandum submitted to 7th Pay Commission
ReplyDeleteRead more: http://karnmk.blogspot.com/2014/12/pay-parity-for-defence-personnel.html#ixzz3M7kJZoEM
Source :http://karnmk.blogspot.in/2014/12/pay-parity-for-defence-personnel.html#more
The three Services, in the Joint Services Memorandum submitted by them to the Seventh Central Pay Commission have projected following major parity issues:
• Review and enhancement of Grade Pay of Service Officers and Personnel Below Officer Rank (PBORs);
• Initial Pay fixation of Lieutenant Colonel, Colonel and Brigadier equivalents;.
• Placing of all Lieutenant General / equivalent in Higher Administrative Grade + (HAG+) scale;
• Grant of Non-Functional upgradation to Defence Services Officers; and
• Common Pay Scales for Junior Commissioned Officers (JCOs) / Other Ranks (ORs).
The principle of One Rank One Pension has been accepted by the Government. The modalities for its implementation have been discussed with various stakeholders.
This information was given by Defence Minister Shri Manohar Parrikar in a written reply to Shri Ajay Sancheti in Rajya Sabha today.
@Ajit Singh :"...any hope to get back payments of rank pay deducted in 1997?..."
ReplyDeleteI think we have been, for want of a better word, "away" for sometime.
There is something called "Phase 2" of rank pay arrears that has been the part of vocabulary of all affected officers, serving and retired, their families, relations, friends.
It may not hurt to check on what that is all about.
Spot on Air Marshal.
ReplyDeleteThanks for the timely updates and relentless pursuit of info with help of RTI weapons at your disposal. The machination of babus stands reveled. Please keep the info flowing to keep up our moral.
ReplyDelete