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Monday, March 29, 2010

Cut-off date of 01-01-1996 for rounding-off / broad-banding of disability pension held to be illegal by the Jaipur Bench of AFT

The Govt, in order to curtail medical subjectivity, had introduced rounding-off / broad-banding of disability percentages for the purposes of computation of disability element through a letter dated 31-01-2001. The stipulation was however made applicable only to post-01-01-1996 retirees.

The Hon’ble Punjab & Haryana High Court had held this cut-off date to be arbitrary and had ordered the broad-banding of disability percentages even for pre-96 retirees. The Union of India went into an SLP which is still pending before the Hon’ble Supreme Court. In the meantime, on 19-01-2010, the Govt itself abrogated this cut-off date and extended the benefit to pre-96 retirees too. The Govt however added a rider that the arrears would only be paid with effect from 01-07-2009.

The Hon’ble AFT at Jaipur has however again held the cut-off date of 01-01-1996 as arbitrary and has directed the release of arrears w.e.f 01-01-1996 which waters down the govt’s stipulation of 01-07-2009.

A related blog-post on the issue can be viewed here.


Harry said...

All dispensations of the Govt are falling flat, one by one, when subjected to Principles of Natural Justice in a Court of Law. But still Govt functionaries shamelessly go on appealing even though their appeals are seldom upheld by Higher/Apex Court(s). But yes they do manage to stall and delay giving out dues in deserving cases. Thats how, unfortunately, 'Bharat Sarkar and her Babus' work! No point blaming them as this is the only way they know to function and have been doing it all their lives so expect NO change in their thinking and mindset in future too.

Only way out is get your dues thru Courts and have loads of patience and perseverance to
fight for your dues/rights!

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Pramod said...

I really wonder and awe at the efforts our BABUS put in to ensure that they, in some way or the other, try to make simple things complicated by introducing riders on riders on riders... Thats how they keep themselves busy... not doing constructive things..

Anonymous said...

Finally AFTs have started delivering where the govt(read in bold letters Babooz) are failing. I still wonder are the babooz paid/recruited to create impediments or to clear the impediments for smooth working of the system. The way things are happening its anybodys guess. second harry's remarks.

Anonymous said...

@ Maj Navdeep/ Other Brothers


I was posted in Delhi and thereafter got posted to Valley (in RR) and was SOS from last Unit on 18 Sep 09. After reaching my new place of posting (being CI) I applied for extn of then occupied qtr in Delhi for two months (as is permitted under rules) i.e till 17 Nov 09. Thereafter I applied for SF in Delhi and sought retention of occupied accn till allotment of SF in Delhi. Stn HQ, Delhi accepted my request and waitlisted me for SF allotment. I went on lve in end Feb 10 and checked out my seniority for SF allotment and I was told that I may be able to get SF only by Jul 10 or so. Since I would not have got lve so easily again in Jul 10 and it would have been a hassle to shift family at that time w/o assurance of lve, I decided to vacate my qtr on 13 Mar 10 and shift my family on HRA in Delhi. Now to my horror, Stn HQ has written to BSO and DEO to charge me damage rent from 18 Nov 09 onwards, consequent to my qtr occupation being declared unauth wef 18 Nov 09.

What I fail to understand is when I was permitted to retain occupied accn till SF allotment by same Stn HQ itself, in first place, so how can they now, all of a sudden, declare me unauth occupant and recommend damage rent to be levied? On one hand Delhi being high pressure stn, has always had a long waiting time for accn allotment and when someone vacates his accn voluntarily,rather than being happy about it('cos next in waiting gets it sooner), he is harassed and penalised with damage rent charges! This action of powers that be totally defies logic.

If anybody can pls guide me out of this mess I shall be grateful.

B P Singh Maidh said...

Multiple organ transplants at Army Hospital (R&R)
The Armed Forces Organ Donation Initiative is growing and attaining new heights. Over last one week there have been two multiple organ donations. And what should be more satisfying is the fact that in both the instances, the families volunteered for organ donation even before they could be volunteered.

Colonel Dod was a brave officer. His family proved to be even braver. When Colonel Dod met with an unfortunate death due to intracerebral hemorrhage on 22 Mar 2010, the family wished to donate his organs to save the lives of terminally ill patients. The heart was given to a serving soldier with heart failure. The liver was transplanted to a father of a serving soldier suffering from end-stage liver failure whilst the kidneys were given to two patients suffering from renal failure.

Likewise, it was a hard time for Havildar Laxman Singh and his family. They lost their young 18 year old son, Ajay, to an illness on 27 Mar 10. They did not allow their son’s life go in vain. They volunteered to donate his organs and give a new life to others. The liver was given to a serving soldier suffering from liver failure. One kidney was given to a daughter of a soldier and the second kidney went to a soldier. Both these patients were suffering from terminal renal failure and now can look forward to a new life. The noble gesture by the families of Col Dod and Hav Laxman Singh, at their hour of grief is surely the greatest act of kindness that a human can do for a fellow human being. a gesture that gave a second life to not one but to seven people.

This was the third cardiac transplantation in the hospital, a pioneering feat considering that very few cardiac transplants have taken place in our country. The number of liver transplantations done at Army Hospital (R&R) has risen to 41 that include 29 transplants done through organ donation. What distinguishes the liver transplantation programme at this hospital from other centres in the country is that the programme is primarily based on cadaveric organ donation. The organ donation initiative in the Armed Forces is three years old and is coordinated by the Armed Forces Organ Retrieval and Transplantation Authority (AORTA) in Army hospital (R&R) under aegis of Office of the DGAFMS. A total of 89 brain deaths have been declared in this hospital. 30 of 66 families counselled for organ donation agreed, resulting in 28 multiple organ donations that have facilitated 29 liver (including one cadaveric split- liver transplantation, first of its kind in the country), 42 kidney, 3 heart, 13 heart valves and 46 corneal transplantations. A nearly 50 per cent rate of conversion from brain death to organ donation and 27 multiple organ donations is perhaps the highest by a single institute in the country.

The success of the organ donation and transplantation programme is due to the dedicated team effort by the doctors of Army Hospital (R&R) under the guidance of Commandant Lt Gen Naresh Kumar and support of the higher authorities of the Armed Forces Medical Services. But the real heroes of this initiative are the donor families like that of Col Dod, Hav Laxman Singh and the rest of the 27 donor families whose compassion, vision and the urge to do something good for the humanity has become a shining example for the rest of the society. They have truly given a new meaning to the oft repeated phrase “Live and let Live”. Following their example over 5,000 soldiers, veterans and their families who have pledged with AORTA to donate their organs in the event of brain death.

Advisory: (Restricted to media personnel): Media persons may contact the donor families at phone numbers given below to pursue this story

Col Dod' family: 9999737795, 9560177199, 9810069269

Hav Laxman Singh: 09736201393, 09050471368