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Saturday, May 28, 2011

Proactive measures by the AG’s branch for reducing unnecessary litigation, especially for disabled personnel

Probably for the first time in history, the current Chief and the AG with his team have taken various proactive steps to bring down litigation involving veterans and their families providing the much required succour to the ex-service community.

It has been discussed umpteen number of times here on this blog that in certain areas unnecessary litigation was being thrust upon veterans and their families and the problem was even more severe in cases involving disabled personnel. Firstly, it had been observed that certain policy letters issued by the MoD were totally devoid of logic and then the interpretation of some other policies by certain authorities was diametrically opposed to the actual spirit behind the said policies. Also it was observed that cases in courts were egotistically handled and taken as an affront to the ‘system.

Not anymore.

The Army HQ, perhaps for the first time, has identified gaps in pensionary provisions which require correction. Though taking up of such issues had been a continuous process earlier too, the current crop of officers is doing the same with a vigour that was sadly missing in the past and the effort would show better results this time for sure due to the concentrated nature of the zeal being displayed. It is also being ensured that minimal appeals are filed in pensionary matters within the four corners of the powers delegated to the Services HQ. The boldness of action, rightly and justly exercising delegated powers, and pointing out anomalies to the Government is also a healthy sign of an apt democratic decision making process.

The best part of some of the recent decisions taken by the Personnel Services Directorate, and more specifically PS-4 (Legal), is that record offices have been directed to withdraw from appeals and cases in which the law or even govt policy is well settled. The record offices have been directed to process such cases for grant of benefits suo moto on filing of a case by a veteran since such litigation results in wastage of resources of veterans as well as the govt. Some of such issues where litigation has been ordered to be withdrawn are - cases where disabilities were declared as attributable / aggravated by the medical board but rejected by the office of PCDA(P) or administrative bodies, cases where disabled OR and JCOs had been refused grant of disability pension on the pretext of having been ‘discharged at own request’ etc.

Apart from rectifying anomalies at the objective policy level which basically involves the MoD, we need to carry out certain in-house subjective changes as well, especially in the arena of disabled personnel. The well meaning Chief’s declaration of 2011 as the ‘Year of the disabled soldier’ should be taken as a clarion call by the M-Block and the DGAFMS should initiate some proactive, and at places revolutionary, measures to ensure that the guidelines determining attributability and aggravation of disabilities due to service conditions are made more practical, medical, modern and humane. The plethora of litigation in this field is not because of MoD policies but because of a mathematical approach being followed by us which is far removed from the practical realities on ground. We are continuously closing our eyes to the fact that military service does involve more stress and strain than other professions. It is a fact universally recognised and accepted, and India cannot be, and is not, an exception.

With the correct attitude already in place, 2011 may actually lead to some very important positive changes in this area which may be subtle, but absolutely pertinent for the psyche and morale of our former and current service members.

33 comments:

sudeshkumarb said...

SIR WILL THE CONCERNED DEPT OF PENSION LOOK INTO THE INJUSTICE DONE TO HONORARY OFFICERS PENSIONERS PRE 2006 TO RE FIX THIER PENSION TO CAPTAINS 16145 LIEUT.15465 INSTEAD OF 13850 AND 13500.RESPECTIVELY.THEY HAVE NOT BEEN INCLUDED IN JCOs AND ORs WWHERE AS THEY WERE ALL ALONG PBOR EXCEPT LAST ONE YEAR OF SERVICE WHEN THEY GET HONORARY COMMISSION AND THEY ARE COUNTED PBOR FOR ALL PRACTICAL PURPOSES.THEN WHY NOT FOR PENSIONS.KINDLY DO JUSTICE TO HONORARY OFFICERS.THANK YOU SUDESH KUMAR HONORARY LIEUTENANT RETD INDIAN NAVY

Anonymous said...

Service HQ /MOD need to exercise some checks/ controls on PDAs for implementation of orders / instructions.
While issuing orders,MOD need to fix a deadline date for implementation of orders by PDAs for final disbursement; beyond which provision for payment of interest must be incorporated.
Also it must be forced upon the PDAs not to delay the disbursement beyond a particular date (even with interest).
A recent live example is non-disbursement of casualty awards benefits declared by MOD vide letter dated 15-2-11 circulated vide PCDA(P) circular No. 456 dt 18-3-11 by most banks so far.
How long is reasonable time is not defined by any one .
Accountablity needs to be imbibed in the orders itself.

Colonel DS Hoonjan (Retd) said...

I fully agree with Anonymus. Despite sending email to the Chairman SBI, no action has been yet taken by my Bank or the CPPC chandigarh to disburse the casualty awards benefits declared by MOD vide letter dated 15 Feb 11 circulated vide PCDA(P) circular No. 456 dt 18 Mar 11. It is still worst for retired personnel residing in far flung areas. They won't even know about this award unless intimated personally.

Also, it is heartening to note that Chief has shown concern towards disabled personnel. I wish broadbanding of disability awards to come through without litigation.

Anonymous said...

It is a positive sign and I hope arleast we wont have to blame our own people now .As it is BABUS are creating enough obstacles.But the point still remains is that there is undue delay in issue of some letters like Broad Banding of disability and that too at par with civilians with retrospective date.Otherwise it will become something like the award for World War Viceroy Hony commissioned officers which came after 60 yrs when hardly any one is alive perhaps.They should not test ESM patience.

GURDEEP SINGH
GROUP CAPTAIN (Retd )

LT.COL.HS DHAM( MAHARS ) said...

A step in the right direction for logical, constructive and sympathetic growth for the welfare and morale of the Defence Personnel.A very well worded and well intentioned expression by Navdeep is yet again a feather in his cap. We should all move forward with positive views without blame game and keep comparing that we are that and they are not. We are all sons of the soil. give and take,respect all professions and use correct dignified terminology and language for all. Remember God is with those who are right and belive in the common well being of the Human being.Thanks Navdeep you are a GEM as i always say. Jai Hind

Anonymous said...

May any one ,please advise if there is any portal / email id on which suggestions/complaints could be sent to COAS by ESM.
Few suggestions -
1. Casualty awards declared vide MOD letter dt 15-2-11 and PCDA((P) circular 456 dt 18-3-11 be checked for implementation & disbursement with all PDAs.Complaints may be invited after a particular date by publishing in news-papers
2. All instructions must indicate date by which to be implemented, date beyond which interest to be paid and rate thereof,address/email/portal where to complain thereafter.All instructions may be published in leading news papers .
3.Enhanced rate of family pension to be at par with service pension
4.Special family pension should be entitled to widows of all disability pensioners , without any terms and conditions and must be mentioned in the disability PPO
5.Names of children with their DOB should be mentioned in the PPO; to facilitate family pension without much problems.
6. Disbursal of pension by a centralised service agency under respective service HQ for all defence pensioners ; as banks are not able to do the job efficiently.
Lt Col (Retd) A K Jain

Lt Col G K Mohan Rao said...

The banks are tardy in implementing the orders inspite of computerisation of accounts(core banking).I got my arrears of disability pension from SBI after approaching them with a letter quoting the PCDA Allahabad letter as Authority.
With this AG's directive the broad banding of disablity pension as given to civilians should come through early.

Anonymous said...

Dear Lt Col G K Mohan Rao,
have you got the disbursement for the benefits declared vide MOD letter dt 15-2-11 and PCDA(P)circular no. 456 dt 18-3-11 ?
If yes; and if you may like to share the details so that all affected veterans drawing pension from SBI may be able to quote that as reference to their CPPC (SBI) and may get their dues a little early.
Lt Col A K Jain

Lt Col G K Mohan Rao said...

The arrears i got by giving a letter to the central pension processing cell(cppc) at SBI Musheerabad br,Hyderabad by quoting the MOD letter and PCDA Allahabad circular number. They processed with in 4 working days and credited the arrers and revised the pension also. Those who can't go to the cppc which is located at State Capital may give letter to the branch where they are having account with a copy to cppc branch.The parent branch in inturn will send it to the cppc at the state capital for necessory action.

Lt Col G K Mohan Rao said...

while writting letter to cppc and bank please mention your account number and ppo number as well as Disability ppo number. Also mention your mobile/tel no so that if any query is there they can contact you for clarification.

corona8 said...

Very useful information.
Incidentally, the connected chatroll has been overtaken by spammers and a screenshot, containing my own suggestion, can be seen here.

Exweltrust said...

Dear Major Sir,

It is avery good news and in right direction. Let us hope that it is implemented in true spirit and early.

Sgt.S.Kanthiah
Exwel Trust, Tirunelveli-dist, TN

Anonymous said...

Sir,It is a positive sign. Till now no action has been taken on the reverse discrimination Issue For issuing of corregendum PPO despite MOD letter No. 17(4)/08(2) dated 18/10/10. YOUR BLOG REVERSE DISCRIMINATION ADDRESSED DATED 19 OCTOBER 2010

Velayudhan said...

Dear Maj Navdeep,

Its a good news and is in the right direction.
Our officers posted in A Gs branch have to be proactive and keep an owls eye in the original report of the SCPC and compare the report which has been implemented. They also must look at the 4th CPCreport in which the rank pay was messed up by bureaucrats which needs to be brought to the notice and the pers rsponsible need to be taken to task .A good move.
Velayudhan

Anonymous said...

Thanks Lt Col G K Mohan Rao for detailed information and also congratulations for getting your dues from SBI Musheerabad.
Somehow, SBI-CPPC at Bhopal has not implemented the MOD letter dt 15-2-11/PCDA(P) circular 456 dt 18-3-11 so far.
I have personally visited them. They have the copies of MOD letter as well as PCDA-P circular.yet apprehensive/in doubt if it is their office or their CDC ,who will be doing this job.
Submitted complaint on SBI website also...but result is nil.
Col D S Hoonjan from Chandigarh also appears to facing same problem.
May Major Navdeep or any other friend advise where and whom to approach.
Of course, the last resort is legal.But should it be the only course ?
If any one may help/ suggest !
Lt Col A K Jain (Retd)

Anonymous said...

Those who haven't got any DE(cir 456) arrears or for that matter any other arrears pls send a letter to pension processing cells via your branch.Most states have over 70,000 pensioners so unless you make a claim you are not gonna get your pensions revised. Like others have said pls mention your account no and contact details.

Anonymous said...

A small query - I've been assessed in my RMB at 30% disability for life and instructions have been issued to pensions allahabad to publish the PPO for the same.
1.How long does the procedure take for publication of the same and the pension to be disbursed?
2.What would the disability pension be for a Major ?
3.Is it taxable ?If not,what procedure is to be followed?
4.How long after release do SSC officers get their terminal benefits ?

Anonymous said...

This is for @ Col DS Hoonjan and others, Chandigarh CPPC of SBI has already paid the arears as due to percentage based disability (Circular 456). I got mine correctly on 23 May 2011. Any one interrested, can contact me for exact details.
Col Tarlochan Singh
Coltarlochan@rediffmail.com

Colonel DS Hoonjan (Retd) said...

Thanks @ Col Tarlochan. I have got my dues. Problem was due to shifting of CPPC from Sector 7 to Panchkula where all the records of retired personnel are held. My effort was basically broadbased since people staying in far flung remote areas
are unlikely to get arears for quite some time as it is difficult to wake up the paying banks. I took up this matter with the Chairman SBI and its ironic that he too could not change the snail's pace of banks.

Anonymous said...

ongratulations Col Tarlochan Singh,Col DS Hoonjan & Lt Col G K Mohan Rao for getting your dues of disability pension against PCDA-P Circular 456.
Somehow,I have not been able to get the same from CPPC-SBI-Bhopal so far.
I am doing whatever I can and am hopeful of getting it.
Broader question is that MOD/PCDA-P do not seem to have any
checks/controls over the PDAs to ensure disbursement by a particular date.It is left to the PDAs ....what need to be done is that MOD must specify date by which all dues must be paid to the beneficiaries.
May some one , please advise as to what action may be taken by veterans .
Lt Col A K Jain (Retd)

Praveen said...

Dear Sir,

What would be my mother's pension after 6CPC? At present she is drawing 7210/- pm including DR and medical allowance. My father retired on 01 Jan 1980 after 28 years of service in the rank of subedar in group C and died on 25 Dec 1995.

Thanks
Praveen Singh,Nainital

Pokar Ram said...

My dear Praveen,
Minimum guaranteed Ordinary family pension to Subedar's spouse is Rs 4770 wef Jan 2006 vide PCDA(P)Allahabad circular 453 dated 22 Feb 2011. The total pension with dearness relief at 51% and fixed medical allowance works out to 4770*1.51+300 =7503.
I would strongly urge you to opt for ECHS for the widow unless she can get free medical coverage through other kins. From Cdr Pokar Ram (Retd) Mobile 9414056782

L/Nk Praveen Singh(Retd) said...

Dear Sir,
Thanks for your informative blog posted to your web. Are disable persons who have retired from armed forces at their own request but did not file any suit, will get disability pension in near future? Has MOD,GOI thinking about initiating or planning to issue policy or order to implement court orders issued in favour of disable person who has been denied disability pension on this ground?

Thanks,
With best regards,
Praveen Singh,L/Nk(Retd)

Pokar Ram said...

Dear Anonymus @ June 2, 2011 10:38 PM
1 Disability pension consists of two elements independent of each other:_
(a) Disability element 30% of reckonable emoluments subject to minimum of Rs 8460 for Major if disability is 100%.For 30% it works out to Rs 2538 plus applicable Dearness relief.Broadbanding to 50% is applicable for invalidated veterns only vide Circular 456 and related instructions.However AFT as well as supreme court had established that those completing tenure are also eligible for broadbanding.
(b) Service element: Is 50% of reckonable emoluments last drawn (Pay in PB 3+GP+MSP +NPA, if any).
Complete disability pension is exempted from income tax "http://militarypolicies.blogspot.com/2009/02/disability-pension-exempted-from-income.html " Mobile 9414056782

Jerry Junior said...

LT COL R P JAIRATH,SM(G)
SBI has recentally started aquick service to solve pensioners problems.you have just SMS "umhappy" to "8008202020" your problem will be solved with in hours without any written complaint.Bank officers will talk to you on phone take your problem and come back to your with the answers to your satifaction MAKE USE OF THE SERVICE TO SOLVE YOUR PROBLEM WITH SBI>God bless you all.

L/Nk Praveen Singh (Retd) said...

Dear Sir,
I read about disability pension for those who have been discharged from armed forces at their own request before 01 Jan 2006 on your web side.Only condition is that disability should be attributable or aggravated due to military service. May I know this order will be retrospective or prospective. How long time it will take to army headquarters to announce its decision on the subject matter ?

Thanks,
With best regards,
Praveen Singh,L/Nk(Retd)

pradeep said...

Dear Sir,

I am a Battle Casualty Pensioner with the 100% of disability, having lost both legs and right hand fingers while serving in “OPERATION MEGHDOOT” at Siachin Glacier Sector, presently drawing pension from State Bank of India CGMC Branch Kozhikode through SB Account No 10067256087. I have represented to the Bank regarding the revision of Pension as per PCDA (P) Allahabad Circular No 456 dt 10-03-2010 Table No 6. The Bank is paying me the War Injury Element for 100% in the case of invalidment @ Rs. 7020/- Service element @ Rs 3992/- whereas I am eligible war injury element @ Rs. 9200/- service element @ Rs 4600/- as per the ibid circular. In this case PDA has asked a clarification from the PCDA (P) vide their letter No. CPPC/2206/358 dated 08-06-2011. But till date neither they have received any clarification from CDA nor they revised my pension. In this connection, I informed my case to my records artillery nasik road camp, they also to give up, theirs words as following:- You may eek clarification from CDA(Pensions Allahabad)This is mentally very hurt to me.
So I want to know that which office to contact for to revision of pension as per cir 456?
BY Pradeep Kumar

L/Nk Praveen Singh (Retd) said...

Dear Navjyot Sir,
I have read your article " Are we the masters of self defeat?" today. I appreciate your most valuable article on the subject. We some time forget that we are on the chair to serve our present and past people. Insteat making best use of govt policy in the welfare of our poeple we feel pride in misusing it. Hope your views on the article will open their mind and heart.I thank you for the article.
Thanks
L/Nk Praveen Singh (Retd)

govind nihalani said...

Unfortunately, directive does not cover disabled Hon Offrs & Offrs who took PMR.
Wonder If the issue is on agenda?

Lt Col (Retd)Govind Nihalani

Anonymous said...

Sir,

Any Progress on Broadbanding of Disability Pensions to all Indian Armed Forces Personnel other than Invalid cases based on Supre Court of India judgement of 31 mar 2011

Ashish Divay said...

Sir, My father , retired Army officer recently passed away. Now i am trying to do all the paperwork, but there is soo much conflicting information or lack of it that i am confused as to what is the right course of action to follow.Can you advise me or direct me to a information source ? please email me ashdivay@gmail.com

Anonymous said...

Sir,
I am a pharmacist havildar from AMC retired with a minimum disability of 20% in 1988. I got broad band rate @ Rs 1755 of 50% vide pcda circular 329 after aroud 2 yrs striving affords through pension adalat Chennai.This delay occured due to lack of iformation/publicity by PDA of SBI Hyderabad CPPC.Am I able to claim compensation for this delay.pl. Help letting me know this.I am residing in Neredmet Hyderabad.My phone No 8374846240.

Ravinder Benal said...

I visited SBI pension disbursing cell Panchkula today regarding disbursement of arrears to defense officers from 1986 onwards since other banks have started crediting amount to the officers. I found the staff quite clueless about the subject and there was total lack of concern. The chief manager was busy in guffaws with two of his colleagues and staff too told me to contact AGM since the gentleman dealing defense pensions was on leave. The AGM was least interested in the matter and started teaching me difference between corrigendum and circular. He was not interested in knowing whether other banks have disbursed the amount or not or the details of the case. However, he was very prompt to give infructuose details of pensioners dependent on SBI. His behavior was rude totally bureaucratic and unfriendly. I really repented to have opened my account in the SBI. The tall claims made by the SBI here and there fell flat because of the action of this AGM. No wonder why the SBI has not been able to credit the arrears to the officers whereas many of other banks have completed the job