tag:blogger.com,1999:blog-1503293844377013031.post1091128062845687449..comments2024-02-08T22:01:40.101+05:30Comments on Indian Military : Service Benefits and Issues: Armed Forces Tribunal (AFT) appointments underway : Military Jurisprudence - coming of age ?Navdeep / Maj Navdeep Singhhttp://www.blogger.com/profile/11481215977936848477noreply@blogger.comBlogger29125tag:blogger.com,1999:blog-1503293844377013031.post-7074300317618947522012-03-11T23:04:39.692+05:302012-03-11T23:04:39.692+05:30Sir, this is regarding stepping up of pay. I m ser...Sir, this is regarding stepping up of pay. I m serving Hav of AOC. I am getting less basic pay than my juniors from 5th CPC. After prolonged corres I have been adj basic pay equal to my junior to whom compared. After adj i still getting less basic pay from other juniors. CDA Secunderabad and PAO(OR) AOC stating inability to settle the issue stating stepping up of pay for second time will not be considered as per existing policy. how I can get my entitled payment.kaushiknoreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-73778111329153506012011-01-04T13:36:37.856+05:302011-01-04T13:36:37.856+05:301. With due regard the following points are submit...1. With due regard the following points are submitted for your kind consideration please:- <br /><br /> (a) Family Pension. It must be equated at par with last Pension drawn by the deceased Offr/JCO/OR because the families have to bear the burden of running a household after the demise of the spouse. Most of the times unsettled children and its ramification falls squarely on the widow of the soldier. <br /> <br />(b) Disability Pension Formula. It must be worked out as an appendage to Pay/Pension to ensure that Service Pension plus Disability Pension should be at least 100% of last pay drawn and for this disability pension of those armed forces personnel who got disabled during the military service in peace/war time be at par with their service pension because they lost their service in the mid without any fault of them and have not been provided job in civil & army. <br /><br />(c) One Rank One Pension (Parity in Past and Present Pensioners). Ex-Servicemen have been voicing for One Rank One Pension for the past 25 years. Please ask the Govt to review its stand and sanction One Rank One Pension and save the old ex-servicemen from discrimination and deprivation. In fact we are those, who leaving their family behind had also served at far flung boarder areas in snow and desert areas with minimum facilities and allowances. We had also sacrifice our golden day of life in the service of the Nation. Kindly help us.<br />Ex Nb/Sub/Clk Umed Singh Parashar, DelhiUMEDhttps://www.blogger.com/profile/17097992728959703902noreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-31002591984716559052010-01-14T14:45:30.379+05:302010-01-14T14:45:30.379+05:30it's good to read abt any reform in the law of...it's good to read abt any reform in the law of armed forces. but i want to know abt d facilities for d families of expired soldiers of army in district like tawang in arunanchal who got no recognition as shahid, what abt his widow n children. is there any provision for service for widows?Unknownhttps://www.blogger.com/profile/10010405276512065302noreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-61208190492974714002009-11-27T00:02:32.480+05:302009-11-27T00:02:32.480+05:30Dear Sir
Your response would be highly appreciated...Dear Sir<br />Your response would be highly appreciated as it may show my family a ray of hope...<br />My dad passed 4 years ago and now we received a letter stating that my dad's case was transferred from High Court to AFT bench and letter says that we need to be present at AFT principal bench(New Delhi) on next hearing. <br />I need to know that can anyone from family(Wife,Son,Daughter)be present on behalf of my dad...?<br />or does it have a work around so as family is compensated in some way and relieved..<br /><br />Thanks<br />Manmeet Singh<br />(Son)Unknownhttps://www.blogger.com/profile/17182059936432409489noreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-35624022941230007022009-08-03T19:22:20.646+05:302009-08-03T19:22:20.646+05:30Maj Navdeep it seems this is a total officers trib...Maj Navdeep it seems this is a total officers tribunal of armed forces. what it is all about.Unknownhttps://www.blogger.com/profile/13162692977231315936noreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-87967989419170366202009-07-24T07:34:40.048+05:302009-07-24T07:34:40.048+05:30In case of Army's grievance redressal mechanis...In case of Army's grievance redressal mechanism, even statutory complaints are NOT processed on grounds like 'Main Body' too voluminous. The authorities are known to refuse even giving a complaint number for months at end. This throws up two interesting questions.First,if a petitioners complaint is statutory can the organisation/intermediary authority refuse to process the complaint on basis of a voluminous main body? There is No such restriction for writs etc while seeking legal remedy.Can an Army Order guideline overrule the statutory right of complainant?Secondly, is there any laid down yardstick within which the intermediary authority has to give a complaint number.Strength Fivehttps://www.blogger.com/profile/13832781206957241813noreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-3156855709586093122009-07-03T08:48:12.879+05:302009-07-03T08:48:12.879+05:30I would like to utilise yr very popular blog to pa...I would like to utilise yr very popular blog to pay homage to a brave soldier- Lt Gen Joshi. He lost both his legs way back in 1965 or around that yr. He was admitted in MH Pune. He was then a Major and I happened to be in the nearby bed for BP investigation. I was then a Sqn Ldr and posted in Pune. We had wonderful moments together in MH and later during our regular visit to RSI. His rise to Lt Gen and taking over as the first Dy Head of Joints Chief of Staff (the designation may not be fully correct). I had retired by then, but when I learnt about this, it filled my heart with PRIDE for the Armed Foces. <br /><br />May his soul rest in peace.<br /><br />Gp Capt A B Mehtaabmehtahttp://www.bhopalseniors.orgnoreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-18059674483729659122009-06-25T19:18:54.312+05:302009-06-25T19:18:54.312+05:30i understand one member of AFT is a naval commodor...i understand one member of AFT is a naval commodore. that means brig. and above will be members of AFT.Beniwalhttps://www.blogger.com/profile/15604703664132962335noreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-81588489079837710982009-06-23T20:05:47.127+05:302009-06-23T20:05:47.127+05:30Dear Maj Navdeep,
Hope you are aware that members ...Dear Maj Navdeep,<br />Hope you are aware that members for the AFT have been nominated, their names are there in the MoD web site. I wish the AFT gets the similar success and popularity as the RTI act has achieved.<br />I understand that the aim of forming the AFT is quicker and affordable justice to the armed force personnel. <br />One doubt still remains. Quicker justice is understandable but how it would be affordable is debatable. During the trial who would be representing the defence? Is it the defending officer or the friend of the accused? If the accused has to rely again on a civil council, he will have to probably land up paying a hefty sum. If you say it is the defending officer or the friend of the accused, then again they would be under the influence of their command? Otherwise, I feel that the accused has to competent himself to fight the case which may not be every time possible in case of PBOR. <br />Or there is something I am missing, please educate me.<br />Regards.BCnoreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-38628460117454227142009-06-21T12:16:46.708+05:302009-06-21T12:16:46.708+05:30Rejoice Friends!!Just thrieve on this idea.AFT has...Rejoice Friends!!Just thrieve on this idea.AFT has been conceived & created at long last!I wonder when it is going to function.TWO LONG YEARS HAVE GONE BY AND PRACTICALLY NO RESULTS.We r consoled to hear some appointments.Is it not a step of the Govt to keep the stick of the Supreme Court at bay? We all have seen the fate of the Joint Chiefs of the Staff Committee!!Lt Col Vidya Sharma (Retd).Lt Col(Retd)Vidya Sharmahttps://www.blogger.com/profile/14502884270812536920noreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-57797072972790505292009-06-20T19:18:49.539+05:302009-06-20T19:18:49.539+05:30The administrative members who are from the armed ...The administrative members who are from the armed forces will provide a archaical element and advice the judges to maintain the status quo so the the Faujis can keep stewing in their own juiceAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-83867315469476436322009-06-18T10:15:02.921+05:302009-06-18T10:15:02.921+05:30I would call it a step in evolution. While there i...I would call it a step in evolution. While there is no denying that in field operations, the rigidity of the acts is itself a saving grace. Yet, away from the field, there may be many areas where the Acts may not be able to provide a humanitarian face. The interpretation of law and its execution is done by the military through court martials and so on. However, in numerous cases, there is a need to understand the circumstances that lead to a person behaving or acting in a particular manner and yet getting rewarded punishment due to interpretation of law. I feel it is here that AFT can make a difference. <br /><br />We have been following a law, civil or military, handed down to us by the Britishers. I believe it is pretty comprehensive in itself. Yet there are many amendments that have been brought about due to the need of the 'locals' and their circumstances. Burying the horse even before it has started walking, let alone racing, will not bring about freshness into the system. One can only hope that AFT can bring about the feeling of renewed hope into those who have always felt that justice has been denied to them for right or wrong. AFT will also help put a stop to those hell bent upon criticising the rigid justice system of the Armed Forces.Kapsnoreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-90027768162485785312009-06-17T22:41:16.689+05:302009-06-17T22:41:16.689+05:30Dear All,
I would like to differ with the vocifero...Dear All,<br />I would like to differ with the vociferous majority. Yes the tribunal is a welcome step. But remember only discipline and good leadership enforces success against heavy odds. My observation in my 34 years of service is that it is the ill disciplined and those who have no real experience of war who will criticize the act. I was eye witness to the success of field punishments to reform more obstinate cases and summary court martial in cases of self inflicted injuries during operations. If you do away with the act as our freedom nay anarchy loving intellectuals many of whom are at best armchair soldiers only want we may see this democracy vanish or morph into something else. HOW MANY CASES OF REFUSAL TO RISK LIFE DURING KARGIL OPS HAS BEEN PUT UNDER THE CARPET?OR TREATED LENIENTLY TO BE POLITICALLY CORRECT?. WHAT ABOUT THE MASS DISOBEDIENCE OF TROOPS NOT REPORTING FOR DUTY DURING BRASS TACKS ON THE PRETEXT OF NOT RECEIVING RE-CALL LETTERS. a SAMPLE INQUIRY CONDUCTED BY SELF PROVED THAT THE TELEGRAMS WERE DELIVERED DILIGENTLY BY THE DEPT IN 99% CASES. OF COURSE THE POWERS THAT BE DID NOT WANT TO OPEN A CAN OF WORMS.It is easy to destroy a set up functioning properly. Only in the case ARMED FORCES YOU WANT TO BURN DOWN THE HOUSE FOR FEAR OF A RAT, Not in the case of police brutality or bureaucratic corruption or ill discipline. There the clamour is to strengthen existing laws and make new laws. Obviously the sponsored press and the candle lighting crowd in front of TV cameras is at work.And of course the liberals will have their space of glory.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-52886263171061127372009-06-17T17:07:31.802+05:302009-06-17T17:07:31.802+05:30This happening will surely spread light through t...This happening will surely spread light through the murky corridors of South Block. I hope the fat rats (winners of the race, all!)who infest the rooms there do not get to nibble away at the wires.<br /><br />I agree with Mohit @ 161536- there will be attempt to scuttle the AFT or keep the environment in the dark. <br /><b>You shine on- Dear Navdeep.</b>IndianACEhttps://www.blogger.com/profile/14042998466296508087noreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-7584529184487894702009-06-17T07:44:57.048+05:302009-06-17T07:44:57.048+05:30BC@5.56 PM. Let us not nurture false hopes about t...BC@5.56 PM. Let us not nurture false hopes about the capabilities of civil judiciary. Those who disagree will do well to read Arun Shorie's Falling over Backwards as well as The Judiciary and Governance in India by Madhav Godbole.Also please remember that it took more than eight years and sustained public pressure for the Supreme Court to dispose off the case against IMDT and in the interim lacs of illegal Bangaldeshis migrants managed to enter India. Present logjam of pending cases has not prompted the civil judiacry to cut down its holidays.So please avoid premature rejoicing based on false hopes.yoginoreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-67232128948084849252009-06-17T06:00:07.880+05:302009-06-17T06:00:07.880+05:30@ 16 Jun 2009 at 5:55 pm
We have reached at a sta...@ 16 Jun 2009 at 5:55 pm<br /><br />We have reached at a stage when there is a requirement of civil judiciary over military. This is because it is felt that military judiciary sometime becomes arbitrary and it is influenced by command structure.<br />You just tell me, it is the same set up which sets up the stage first in the form of various proceedings and thereafter tried the offender.<br />One thing more, I strongly feel that the period of limitation, in this modern time when things are available in press of a a button, should be reduced further.<br />Rest hope for the best.BCnoreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-52568700316882495172009-06-16T17:55:30.471+05:302009-06-16T17:55:30.471+05:30I agree with the concept of having a `Military App...I agree with the concept of having a `Military Appeals Court' but I am not sure if AFT in present form is the answer. I also do not agree with our learned friend Navdeep's description of present army act as British Legacy for a `native army'. We need to remember that before the british there was no Army Act in India nor did any of our great Maharajas deem it necessary to enact one to match and surpass the British. LAstly if the present Army ACt was so bad why has it not been thrown away for last 60 years. Sexcond I also do not agree with our learned friend on the issue of `customs of war'. He suggests that thse are best done away with. The fact is that such customs provide basis to every law. For example the present civil code which forms the bedrock of Indian jurisprudence is based on `catholic customs and beliefs' by virtue of being carbon copy of Eurpoean jurisprudence and that is the reason why Indian Law many a times runs counter to social norms and hence observed in denial (case of marriages between cousins of same gotras in Haryana). AFT in present form is nothing but imposition of civil judiciary on the military. This will slowly but surely destroy very uniqueness of the military. What we needed was a `military system of justice presided by military judge, based on jury system free from command influence and JAG influence. Having provision for appeals but totally manned by Jury composed of people with proven combat record.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-16929894224938861962009-06-16T15:56:42.853+05:302009-06-16T15:56:42.853+05:30This is one subject the information on which, like...This is one subject the information on which, like many others, would invariably be discouraged from being proliferated. The wiser you are on such matters - more anti establishment you are branded. (Yaar woh to lawyer admi hai - soldiering kya karega).<br /><br />But thanks to Internet and people like Navdeep who continue to enlighten in the right spirit. Navdeep sir, you may like to write more on AFT for information of alll of us. Trust me, this blog is no doubt the only source of authentic information on military benifits.<br /><br />Well done sir!Mohitnoreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-79696890413866893462009-06-16T12:03:27.863+05:302009-06-16T12:03:27.863+05:30Dear Navdeep,
Will the proceedings be kept confide...Dear Navdeep,<br />Will the proceedings be kept confidential or will they be published like in the "Law Reporter"??Ramaninoreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-37907992850831562232009-06-16T07:04:27.838+05:302009-06-16T07:04:27.838+05:30@Rohit
That TOI report is factually incorrect.
M...@Rohit<br /><br />That TOI report is factually incorrect.<br /><br />Moreover, the Hon'ble HC here has not even adjourned a single case on the pretext that the AFT is soon going to be constituted. In fact the disposal rate of the HC during the period Jan 09 - Jun 09 (in military cases) was one of the highest.Navdeep / Maj Navdeep Singhhttps://www.blogger.com/profile/11481215977936848477noreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-52531433729981963412009-06-15T23:32:09.120+05:302009-06-15T23:32:09.120+05:30Dear Navdeep
A well prsented piece and very inform...Dear Navdeep<br />A well prsented piece and very informative.<br />It is a long required arrangement which i am sure would benefit a long number of personnel. However nowadays most of the people approach the courts for everything as it is. Hopefully with the AFT having dealt with cases peculiar to the armed forces, in times appropriate guidelines would emerge and the system would improve. <br />Regardskmpodshttps://www.blogger.com/profile/13621597618437834698noreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-29622606940248000092009-06-15T22:37:20.550+05:302009-06-15T22:37:20.550+05:30There seems to be some more time when AFT is in pl...There seems to be some more time when AFT is in place. See this<br /> <b>http://timesofindia.indiatimes.com/Chandigarh/Tribunal-delay-leaves-armymen-in-a-fix/articleshow/4656432.cms</b>Rohitnoreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-30074006541290703812009-06-15T21:13:14.232+05:302009-06-15T21:13:14.232+05:30Sir, what i understand from your post is that summ...Sir, what i understand from your post is that summary trials <b> <i> when </i> </b> dismissal is awarded will be out of the ambit of the AFT whereas court martial <i> <b> except </b></i> when dismissal is awarded is out. why is this?Unknownhttps://www.blogger.com/profile/00195660243952769649noreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-16749548610797837792009-06-15T19:49:20.280+05:302009-06-15T19:49:20.280+05:30well the question is will it give "justice&qu...well the question is will it give "justice" to the sufferers or will it be just another tool in the hands of the authorites to "twist" the justice as per their needs ?.chamyalhttps://www.blogger.com/profile/00336765388263568189noreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-42383542621433790632009-06-15T19:01:32.155+05:302009-06-15T19:01:32.155+05:30the law was made to rule a slave army and we like ...the law was made to rule a slave army and we like fools are still following the law it needs drastic change once i go in politics i will ensure it is changed in fact we as officers are half slaves and pbor are full slavesvpnoreply@blogger.com