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Monday, February 10, 2014

Defence Minister withdraws controversial circular ordaining en masse litigation against military veterans

This is in reference to the post of 12 January 2014 in which it had been pointed out that the Department of Ex-Servicemen Welfare (DESW) of the Ministry of Defence (MoD) had issued a letter ordaining en masse appeals in the Supreme Court against judicial verdicts rendered by Courts in favour of military veterans without seeking legal opinion on individual cases. The MoD had also officially admitted that it had filed appeals against disabled soldiers in the Supreme Court in ‘almost all types of cases’.

Mr Rajeev Chandrasekhar of Bangalore, Member of Parliament, had consequently taken up the issue with Mr AK Antony through a letter endorsed on 18 January 2014 followed by another one on 28 January 2014. Now the Raksha Mantri has informed Mr Chandrasekhar that the controversial circular is being withdrawn.

The defence of Mr Antony (though I am sure not his own, but of one of the Under Secretaries of the DESW) in the said matter is interesting. He says that the letter had been issued to simplify decision-making.

Mr Antony, decision-making on what? Of filing ruthless appeals against your own disabled veterans? You wanted to simplify the process of unleashing legal terror on the defenders of your own nation?

Though the circular stands withdrawn, it would be otiose to expect any positive change on ground.

The sadism shall continue unabated till the time the higher bureaucracy and the political executive apply their minds properly to the problems at hand without blindly affixing initials on noting sheets put up from below. 



bY THE SAME TOKEN, RM could say that in the contempt case.... JUST ABSENT...

Lt Clo R C SHARMA said...

though nothing can be expected from the current setup yet this is a good sign that there is an MP who understands the harassment being faced faced by the veterans every now and then.let us hope good sense prevails on these babbus and they learn to act in the right direction.

Dhoop said...

In the distant past, I've read it in comments on blogs, as well as in chat roll comments, that there is an urgent need to monitor the wasteful expenditure being incurred on totally infructuous litigation.

I feel that solid statistics need to be unearthed to show the loss to the exchequer. With concrete data, it should be possible for responsible institutions to bring legal pressure to bear on the authorities that blindly commit Government funds to such legal cases and also further increase the work load on an over-burdened court system.

Till civilian Officers have to shoulder the blame for financial loss to the state and be in the firing line of the judiciary's wrath for frivolous and capricious litigation, they'll continue with the same mind-set.

dattatreyahg said...

Thanks to Rajiv Chandrashekhr, this stupid letter is BEING WITHDRAWN.But, are the cases being withdrawn?

Lt Col (Retd) A N Ramachandran said...

Dear Maj Navdeep,
Thank you for the post and the attached letters of sri Rajeev Chandrasekhar,MP and that from the Def Minister.As you have correctly pointed out, the origin of the Def Minister's reply/response will lie in some Under Secretary, if not further down the chain.The Def minister says in his reply to the MP that the MoD (DESW)had issued letter dated 02 Jan 2014 with a view to "simplify the process of decision making regarding filing appeals ". What a preposterous logic! This just shows how abysmally disdainful the DESW is of the Veteran soldier.Evidently, one can not see any WELFARE of the Veterans in all this.

Pokar Ram said...

Dear Navdeep Sir,

Kudos to you for keeping the defence veteran fraternity updated with the status of the cases.

2. The serving defence personnel are not aware of the pitfalls being faced by the retireees.

dattatreyahg said...

Not enough. This good-for-nothing DESW itself should be withdrawn.

Unknown said...

3 Cheers for Major Navdeep the credit of discrediting this Blot goes to him

Major PP Singh

Thomas said...


If we have another 10 MP s like Mr. Rajeev C the soldiers would have been blessed lot.

Thomas Manimala

Anonymous said...

Apply what?????????????? Minds, did you say!!!!!!!! ha ha ha nice one.

Aerial View said...

@Dhoop, RTI sent to DEXSW in November did not elicit any reply despite a First Appeal in December and a Second Appeal. Now the outcome of the PIL on non-disclosure to RTI is awaited to send legal notice to Secy, OSD, Dy Secy/FAA and US/CPIO of the DEXSW.

Anonymous said...

At last count (13 Feb 14) there are about 200+ cases in the Apex Court listed under the name of Adv Balaram Das alone in UoI Vs Many most of them under year 2014 but also linked/tagged to Civil Appeal No. 418/2012 and 1958/2014 . Most are against orders of AFTs and some against judgments of High Courts.

There is a National Litigation Policy to avoid infructuous litigation but who cares in Antony Raj or is that Gairola (Secy DEXSW)/Malathi Narayanan (US-DEXSW)Raj

RC said...

There is a definite need to get more details about all the lawyers who get to contest cases against the ESM on behalf of DESW. The lawyers these days are paid very high fees and details of DESW expenses on legal cases may bring out some interesting facts.

Anonymous said...

Instructions on PCDAO Website
Can someone please explain this..

In cases of deputation to civil department, PSUs, Coast Guard, Foreign Missions, etc and on Secondment to Navy/Air Force, the officers will have to forward MRO to this office for amount of over issue of pay & allowance due to late receipt of intimation. This office will issue LPC to the borrowing departments/organizations only after liquidation of the debit balance in the IRLA of the officer.

If these above instrs convey what I think they do,then I would like to know if CDA officers deputed to other Govt ministries/deptts have to do this process