tag:blogger.com,1999:blog-1503293844377013031.post6847571767903076884..comments2024-02-08T22:01:40.101+05:30Comments on Indian Military : Service Benefits and Issues: Oped in “Business Standard” on the lack of judicial review over orders of the Armed Forces Tribunal Navdeep / Maj Navdeep Singhhttp://www.blogger.com/profile/11481215977936848477noreply@blogger.comBlogger8125tag:blogger.com,1999:blog-1503293844377013031.post-58276083187642147322015-11-06T06:33:35.325+05:302015-11-06T06:33:35.325+05:30Dear Major Sahib
I'm of strong opinion that th...Dear Major Sahib<br />I'm of strong opinion that the case of Grant of pension of a regular naib subedar to the honorary naib subedar of pre 2006 period recommended by 6CPC, which recommendation was accepted by the govt but denied by the mod in flimsy clarification by incompetent officialofficial is very much involving law point concerning public interest - thousands of hony naib subedar affected surely constitute public. Furthermore, when the orders passed by Armed Forces Tribunal to the MOD to release the pension of a regular naib subedar to hony naib subedar cannot be got implemented legally, and are pending for years, surely it involves legal aspect of public interest. I feel, on this plea the case needs to be filed in the higher judiciary. GURDIPhttps://www.blogger.com/profile/07534015473595724219noreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-70148420745172448982015-10-23T12:24:11.668+05:302015-10-23T12:24:11.668+05:30Having read ,twice - having been busy to pursue so...Having read ,twice - having been busy to pursue so many other anomalies on issues effecting legitimately eligible pay and pensions there upon ; it is struggle in retired life after decades of active military service with hardly any time for peaceful & undisturbed living ,even after retirement in this old age !<br />Now look at this further hurdles of denial of normal judicial review to mily service ?.<br />Is it really worth all these sacrifices and struggles through wars of past 1962 ,65 &71 - for giving peaceful and pleasure filled life to all these people ???<br />Why should mily men run pillar to Post to get their haq/legitimate pension???<br />Denials and anomalies at every stage.<br />If Judiciary is to adjudicate on so many .....issues and associated issues of mily ,why do the Nation pay these huge army of MOD ,PCDAs,DESW.......etc ,to introduce anomalies and wear them out with death of anxiety and harassment. <br />As some body aptly said - min of dushman MOD & dushman of esm welfare DESW .<br />As eminent lawyer U have surfaced in recent past. Best to u & bless u.<br />Oh ,never a day without some inconsistency or anomaly.some other day on specifics.balahttps://www.blogger.com/profile/08915831413555890997noreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-18859907722587968782015-10-22T18:45:12.819+05:302015-10-22T18:45:12.819+05:30A lot of clarity is needed regarding the fundament...A lot of clarity is needed regarding the fundamental rights of Armed Forces members and protection offered to them under the constitution. <br />The existing situation is that the British era Army Act has been blindly copy-pasted by Independent India. Now, 60 years after independence, various loopholes in the act are being utilized to deny Armed Forces members their rights. <br />For example.. We pride ourselves on being a volunteer army. Officers hold their posts "at the pleasure of the President". Yet, if an officer desires to hang up his boots after serving his country for twenty years, he is forced to offer reasons as to why he wants to leave and routinely denied discharge. Isn't free will enough? Aren't all Indians guaranteed the right to live as they want and to work in any profession, or even not to work if they so choose? If I voluntarily placed myself under a stringent law such as the Army Act, why can't I voluntarily leave? Is the President empowered to force an Indian citizen to serve in the Armed Forces? Shouldn't my service count in my favour rather than against me? <br />Yet, past experience shows that the system does indeed misuse the ambiguous provisions of the Armed Forces act to routinely deny those serving the nation their dues. <br />Another example... The Indian government has granted certain perks to Armed Forces doctors under the 6 CPC. the same have been upheld by the AFT as well as the Supreme Court. Yet, 7 years down the line I am still travelling in a non AC taxi and staying in cheaper hotels, eating poorer meals than those eaten by other government doctors. Why? Simply because I am in uniform and unable to voice a protest or even leave? <br />Even if eventually justice does prevail, how will it help me? Am I made to suffer all these indignities purely because I chose to serve my nation? <br />Welcome to 21st century slavery, a la Indian Armed Forces! Faujidochttps://www.blogger.com/profile/18206029304156948867noreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-10108683539949509782015-10-14T18:31:01.541+05:302015-10-14T18:31:01.541+05:30Hi, Maj Navdeep you would have read umpteen words ...Hi, Maj Navdeep you would have read umpteen words about your efforts and their results on the opinions of the environment. Salute to your dogged determination and the self belief.<br />Came to know about the committee formed to address the root causes of the grievance and make an endeavor to resolve them.Kudos to the Defence minister to select the well info personnels and we are hopeful of good to the organization.<br />Had an request to you to suggest the panel to work on methodology of deciding the inter se seniority between the various entries. i.e dt of commission should be taken as the base and rest of the rules should be adjusted around it so as to give due regards to the coloured service rendered till not making to the mark of Selection Bd no:3 atleast. As far as policy goes the depression of seniority is the result of disciplinary action only. Presently your service of upto two years goes in vain and suddenly u r junior to your junior.<br />Would request you to kindly highlight such issues which is related to day to day functional problems also.<br />Thanks in anticipation and all the best.<br />Lt Col M K SinghMrityunjayhttps://www.blogger.com/profile/17869004979778147292noreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-43598961285326473562015-10-09T22:41:17.095+05:302015-10-09T22:41:17.095+05:30Dear Maj Navdeep.
Generally we do not understand t...Dear Maj Navdeep.<br />Generally we do not understand these legal aspects. Thanks a lot for the lucid clarifications and expalnations.<br />regards<br />KV Girishkvghttps://www.blogger.com/profile/04022984970152835190noreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-32760514247603726572015-10-07T11:18:50.521+05:302015-10-07T11:18:50.521+05:30Not even a single comment in 7 days on such an imp...Not even a single comment in 7 days on such an important post.<br /><br />Had it been about increase of five rupees in pension, there must have been at least 70 comments.<br /><br />This says it all ….abt … Faujis’ “Understanding” :-(PBORnoreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-61674715168056245442015-10-02T11:46:51.636+05:302015-10-02T11:46:51.636+05:30dear navdeep,
as you said we have an extremely li...dear navdeep,<br /><br />as you said we have an extremely limited understanding of such matters (maybe that is the reason that we dont question orders move ahead and get the job done). notwithstanding it is indeed a serious issue that the armed forces personnel are denied the right to review except in very few cases and that too from the supreme court.<br /><br />perhaps it is time to start bringing people to understand the issue but then the question atrises who is to be sensitised? the serving people cant intervene as they are ignorant/uncaring/ill informed/plain scared (we can take our pick). the retd community is substantial but the issue can be understood by a few and those who can understand are too decent or too tired to jump to the streets(which is the only medium to attract attention in this nation where the channels pick up news based on its juciness).<br /><br />the defence minister who is a well educated and well meaning person it appears tends to get bogged down very fast by the inputs from MOD and a complete lack of articulation of the same by the service chiefs/ senior representatives.<br /><br />i have seen you highlighting this issue umpteen times so the hope remains that greater media coverage and articulation of this injustice and greater awareness at the level of a soldier is the only way out. we request you to publish the same in the vernacular media to generate a healthy debate and better awareness amongst veterans and serving.<br />keep up the good work.Brig Anonnoreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-77615458647585397662015-10-01T11:18:10.234+05:302015-10-01T11:18:10.234+05:30We have, in the past, read about this issue on thi...We have, in the past, read about this issue on this blog. If interests of serving personnel and veterans are best served by the ideas as expressed in the past, then ESM, as well as those in uniform, are fortunate that the issue is being addressed by people in the know, such as the blog-owner.<br /><br />But there is a more basic need for protecting interests of stake-holders through a little more pro-active dissemination of information from blogs and web-sites, that would not be guidance and advice per se, but also not be just re-circulation of information, esp information of the kind that has already been stressed upon.<br /><br />Before stake holders can arm themselves with requisite information, it'd be foolhardy for them to venture out and start some legal or administrative process on their own. Reliable sources of information, such as this blog, do, if they choose, offer views on ongoing issues, even on some of the views expressed in comments or tweets. Such views can provide a reasonable basis for affected stake-holders to take the next logical step in righting wrongs.<br /><br />In many cases, due to an absence of engagement or elucidation, the affected personnel/veterans can not even get started on obtaining redress, approaching the High Court being far from their horizons. Enhancing such dissemination on old issues of anomalies, disparities and discrimination can provide a real boost to the cause of protecting ESM from languishing for years in a state of dues-denial.Dhoophttps://www.blogger.com/profile/17461434428038701574noreply@blogger.com