A petition against a "byzantine system of procedural hurdles" in processing of claims of American military veterans was not entertained by the Supreme Court of the US primarily on the grounds of locus standi.
The Vietnam Veterans of America and the Veterans of Modern Warfare had filed a petition earlier in a lower Court seeking directions to the Department of Veteran Affairs (VA) to cut down on its procedural delays and red-tapism in dealing with the claims of military veterans. It was alleged that disability and medical care claims were at times not even considered for a period of more than a year and the appealing procedure sometimes took upto 5 years. The veteran groups had sought an initial time frame of 90 days and a total appeal time of 180 days from the VA. The petition was ultimately dismissed for want of locus on the part of the Veteran groups.
A news-report on the issue can be accessed by clicking here. The comments on the same make interesting reading.
The Vietnam Veterans of America and the Veterans of Modern Warfare had filed a petition earlier in a lower Court seeking directions to the Department of Veteran Affairs (VA) to cut down on its procedural delays and red-tapism in dealing with the claims of military veterans. It was alleged that disability and medical care claims were at times not even considered for a period of more than a year and the appealing procedure sometimes took upto 5 years. The veteran groups had sought an initial time frame of 90 days and a total appeal time of 180 days from the VA. The petition was ultimately dismissed for want of locus on the part of the Veteran groups.
A news-report on the issue can be accessed by clicking here. The comments on the same make interesting reading.
6 comments:
Given that we are all rational individuals working with definite (though unspoken) aims, why do the systems evolved by us often negate the very principles for which we stand? Well, the reason is that though we may hate to admit it, we often evolve systems or procedures which satisfy our unspoken/ hidden desires... and so though it may seem that the outcome is flawed or incorrect.. the reality is that the outcome is very much what we actually desired and wanted!
In essence, red tape and bureaucratic delays serve an essential role of the system..they serve to deny a benefit which the system has declared to be available... but which the system in its heart knows it cannot provide.
Judges & Courts may have our best interests at heart... but when push comes to shove,they themselves are part of the system.
The best part of red tape and bureaucracy is that it diffuses responsibility so widely that no one individual can be held to be responsible. Indeed, no one within the system can do anything but virtuously declare.. " Its not my fault..why don't you ask Mr X who stole the cookies from the cookie jar?"
@ smartypants.
Nice original thinking. Seems like the US Government is also going bankrupt like the Indian Govt who cannot pay its veterans anything more than an occasional Hollywood / Bollywood movie.
Point 1. The only ratonale behind "upgrading Military posts" to the "equivalent civil posts" seems now to be to reduce the pension burden of the state. After all if the first Select Grade of Civil Services who was equivalent to a Major (Select Grade pre V Pay Commmission) of the yesteryears, can somehow, thru Bureaucratic machinations be made equivalent to a brigadier, the pension paid to the Major (Select Grade of Yesteryears) has been reduced to 40-50% of what it should have been- Never mind the OROP.
Point 2. It is easier to "upgrade" a few posts (MNS Lt Cols who were between Offrs and PBOR) and later claim they are equivalent to the earlier higher posts (Lt Col) and later bring all of them to the same pay bracket - i.e MNS Lt Col = Lt Col of the Army. All for the morale of the MNS! Wow.
Point 3. Increase the number of ranks in Civil by getting superior ranks like NFSG, SG, SSG, Major SG, Minor SG, later claim that these earlier non-existent grades have somehow become equivalent to or superseded the earlier existing military ranks and downgrade the pay scales of Faujis.
//Sarcasm// Dear Darling Faujis. You will never learn. You are simpletons who cannot see what is being done to you and your PBOR because you were happy with some tidbits (PB 4 for Lt Cols). You deserve what you are getting as I can see.
The pity is that the one-track mind of Indian
Defece Service can easily be satisfied with tit-bits. They refuce to understand the damages sub-merged in those tit=bits. Here is an example:
We had a rank of Lt Col and equivelent (Selection) with define enhanced pay. They were officers superior to LtCol (TS). What happened to that rank ? Just imagine that if Clas III is abolished and all students of Clas I on clearing the promotion examination is put in Clas III, what is the status of old abolished Clas II. Will they be demotted to Clas-I or put to Class III as they have already passed Clas I. This exactgly is the positionof Lt Col (S).When Lt Col (S) is abolished, the existing Lt Col (S) is demotted to Lt Col (TS). We have to wait for the next pay commission to reaslise the damage so inflicted on Lt Col (S)
@ Everybody
Lets keep our fingers crossed for the D Day i.e 08 Nov 10 when SC takes up Rank Pay issue. Hopefully Govt will get a sharp rap on its knuckles (as is the case with all Govt appeals/reviews). SC has asked Govt to constitute separate pay commission for Defence Services, NOW rather than later (as part of 7th CPC. If this is constituted our struggle for all Pay/Pension/WOP related anomalies for the last so-many decades will get a BOOST surely!Waiting for the outcome with a bated breath!!
Till then 'Happy Diwali' to all fauji brethern !
Happy Diwali, hope Rank pay case will be in our favour by the blessings of God.
@Anonymous.
It seems to me that somehow the 'persecution complex', developed by the faujis is scaling newer heights.
I see/hear a large number of complaints about regression of services vis a vis civil services. That comparison, to my mind, is flawed, pretty much the OROP demand.
I think that OROP demand is fundamentally flawed. What we need to ask, in my view, is for higher pensions due to early truncation of careers now that weightage given to faujis at the time of determining pension is no longer there. We also need to understand the basic considerations that went in structure of determining pension. Unless we do that and come up with a rational demand and persist on the emotive track, all we are likely to get is sympathy but no real succour.
so guys, get real. start a discussion forum where people can say what they think/provide documentary evidence on support of their contention and then perhaps in a few months you will have case that no onle will be able to refute.
That takes hard work.
Are we game for it.
Those you are indeed game, may mail me on trehun1951@yahoo.com and get to work.
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