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Thursday, 19 April 2018

Revision of Pension of All Pre-2006 Major Generals and equivalent ranks: Implementation of Hon'ble AFT Chandigarh Order in [OA No. 100/2010 Maj Gen SPS Vains & 52 Others] 

Revision of Pension of All Pre-2006 Major Generals and equivalent ranks: Implementation of Hon'ble AFT Chandigarh Order in [OA No. 100/2010 Maj Gen SPS Vains & 52 Others] 

DESW Order:-
No. 4(110)2007/D(Pen/Legal) Vol. IV Government of India Ministry of Defence Department of Ex-Servicemen Welfare D (Pension/Legal) Sena Bhawan, New Delhi, dated 16.04.2018

To
The Principal Controller of Defence Accounts (Pension)
The Principal Controller of Defence Accounts (Navy)
The Joint Controller of Defence Accounts (Air Force)

Subject: Implementation of Hon’ble AFT Chandigarh order dated 04.03.2010 passed in CA No. 100 / 2010 filed by SPS Vains (Retd.) & 52 Others.

The undersigned is directed to refer to Govt. of India, MoD, Deptt. of Ex-Servicemen Welfare’s letter No. 4(140)2010/ D(Pen/ Legal) Vol. III dated 10.08.2015 issued for implementation of Hon’ble‘Armed Forces Tribunal, Chandigarh’s order dated 04.03.2010 directing respondents to implement the decision of the Hon’ble Supreme Court dated 09.09.2008 rendered in SLP (Civil) No. 12357 of 2006 [Union of India Vs SPS Vains (Retd.) and 52 others] in the matter of fixation of pension of the pre-2006 retiree petitioners. As per ibid sanction the benefit of revision of pension to Maj Gen SPS Vains (Retd.) and 52 other petitioners was to be paid w.e.f. 01.01.2006 after notional fixation of pay in the revised 6th CPC Pay Scales in terms of SAI 2 / S/ 2008 and corresponding instructions for equivalent ranks in Navy and Air Force.

2. It has now been decided to allow similar benefit of‘revision of pension /family pension to all Major Generals and equivalent ranks of Navy and Air Force who retired/died prior to 01.01.2006.

3. Para 4 of the ibid sanction letter No. 4(140)2010 / D(Pen/ Legal) Vol. III dated 10.08.2015 may be treated as deleted.

4. This issues with the concurrence of Ministry of Defence (Fin/ Pen) vide their U.O. No. 17(04)/2015/Fin/Pen dated 03.04.2018 and Department of Expenditure, Ministry of Finance vide their ID No. C-44/E-V/2008-Vol. II dated 28.03.2018.

(Ajay Kumar Agrawal)
Under Secretary to the Govt. of India

Tuesday, 17 April 2018

Op-ed in DNA : Rising disabilities in the military

Op-ed in DNA :

Rising disabilities in the military- a misdirected approach Below reproduced is an op-ed published today by the "DNA" on rising disabilities in the military. 

Rising disabilities in the military- a misdirected approach Navdeep Singh Earlier this year, in a tragic coincidence, four officers of the Indian Army passed away on account of cardiac arrests, in different parts of India, on the same day. Between that day and today, many more non-operational disease-related deaths have been reported, and the same have been spiralling upwards since the past many years.

The military is always perceived to be fitter, stronger and healthier than the civil populace. But this, sadly, is a myth. When compared to civilian government employees, members of the military and other uniformed forces face a considerably higher stress and strain of service which affects health in a detrimental manner, a fact which is universally recognized by all major militaries. Incurring a disability while in service entitles soldiers to disability benefits on retirement and higher death benefits to the family in case of death, and the applicable rules provide a presumption of ‘service-connection’ of disabilities which are acquired during service.
However, in order to avoid such payouts, the system has been wrongly branding such disabilities as “neither attributable to, nor aggravated by military service” which is not only against ground realities, but also against rules and decisions of Constitutional Courts. Though the Courts, the highest of political executive, Government’s legal advisors, Committees set up by the Defence Ministry and also the military medical authorities have time and again ordained sensitivity towards such disabilities, liberal grant of disability pensions and also withdrawal of appeals filed by the Ministry against disability benefits of its own disabled soldiers in the Supreme Court, it is highly unfortunate that the hands of senior political leadership and higher bureaucracy have been restrained by misleading and mischievous file notings initiated by lower bureaucracy to deny such benefits to soldiers and projecting them as somewhat greedy.

To take an example, to elicit a negative response from the top, the financial entities of the Defence Ministry have instilled a feeling that such disabilities can occur in civilians too and hence uniformed personnel do not require any special dispensation- a thoroughly erroneous supposition.
Firstly, file initiators have hidden from the hierarchy that this thought-process militates against the basic entitlement rules which list even conditions such as heart disease, hypertension and neurosis as diseases affected by stress and strain of service. Moreover, what is glossed over is the fact that there are many unique stressors in the military and hence any parallel sought to be drawn with civil employees on this subject is inherently flawed.
For example, soldiers and officers of uniformed services spend most of service away from family and lead regimented lives under strict military law, often in barracks and predominantly away from society. There is also an acute inability of fulfilling domestic and familial commitments. Freedoms are curtailed which may seem innocuous to the untrained eye but it takes a toll on a person’s health. Illustratively, even when posted in a ‘peace’ area, to undertake regular activities such as visiting the market a soldier needs to seek permission, sign multiple forms and be back in time for the roll call.

A soldier is not available to provide or receive emotional support when required, even sexual needs remain unfulfilled. Again some seemingly benign examples- what does a person do when one’s child gets hurt? Kiss and hug the child, hold the child close, a luxury not obtainable by members of the uniformed forces. What does one do when there is a property dispute or any other administrative requirement? Follow it up with the local authorities and courts, something impracticable for men and women of the forces since they mostly remain away from home.
The list is endless. All such factors give rise to a feeling of helplessness leading to stress and strain thereby aggravating the mental and physical conditions of soldiers and this also is the reason which prompted the Supreme Court to once remark that a soldier remains torn between the call of duty and family commitments. It is however lamentable that financial entities of the Defence Ministry are able to tide over rules, binding judicial dicta and also political will and are able to elicit incorrect reactions from decision-makers.

Apart from soldiers, a tirade was unleashed against senior officers of the military stating that high ranking officers have also been granted disability benefits. But why not? If a General is suffering from a disability known to be aggravated by stress and strain of service, why should she or he be denied because of rank? Some senior officers are at an even higher risk because of an elevated age bracket and greater responsibility. There have been multiple examples of Generals in the recent times suffering cardiac arrests and undergoing heart and other procedures due to extreme stress, can such live examples be brushed aside? People also speak of cases of senior officers hiding their disabilities in order to remain eligible for promotions. If true, then it is purely an administrative infraction for which remedy lies elsewhere and this has no connection with disability benefits which are purely linked with a person’s physical condition at the time of joining service vis-a-vis retirement.
Moreover, it also means that the system needs to plug the holes in the annual medical examinations and at the same time harmonize and rationalize its promotional policies, make them practical and bring them in line with modern times so that people do not hide their medical status.   With a sensitive and sensitized Defence Minister, one hopes that the law as ordained by Courts, recommendations of experts and the word of the political executive prevail ultimately, and not sadistic file notings of penny-counting accountants who bring a bad name to the establishment and avoidable distress to the military community. The focus also should shift to improving the health profile of the military in wake of heavily stressful conditions, and not saving money through a ham-handed approach.                          
                                   ---

Ex-servicemen bodies can’t collect donations

Tribune News
Service Chandigarh,
April 16

After 22 years, the Ministry of Defence (MoD) has revised the parameters for according recognition to ex-servicemen associations. It has incorporated several new conditions that pertain to generation of funds, contact with foreign entities and conduct on the social media.
The ministry has introduced a clause explicitly stating that the acts, charter and conduct of the ex-servicemen associations should not be for anti-government activities or for acts prejudicial to national interest and security.
While the earlier letter on the subject was silent on generation of funds, the fresh letter issued last month stipulates that no other source of fund is allowed to be collected by an association, except subscriptions.
This, according to some ex-servicemen, implies that donations by individuals or organisations as well as grants from institutions have been barred.
The MoD has also prohibited associations to be associated with any foreign government or company/conglomerate and under no circumstances should they accept any donations or pecuniary benefits from any foreign concern or entity.
Prior to this, associations were simply debarred from addressing any communication to or entering into any correspondence with any foreign authority except through the government, which had the right to withhold it, if necessary, a condition that continues under the new orders.
Besides the aforementioned conditions, several old clauses such as associations having a pan-India presence with a minimum membership of 1 lakh and all three services being fairly represented, faith in democratic principles, non-political charter with resorting to religious, caste social and linguistic lines and having the sole interest to project issues concerning ex-servicemen have been reiterated in the new letter. Such conditions were last revised by the MoD in January 1996. There are about 25 lakh ex-servicemen and 60,000 widows of ex-servicemen in the country and many of them are members of various associations.
In recent times, some of these associations have been involved in public protests over issues pertaining to benefits, status and welfare.

MoD’s new rules

Ex-servicemen associations cannot collect funds from other sources except subscriptions Barred from associating with any foreign government or company/conglomerate Should not indulge in any commercial activity and only one bank account per association will be allowed Must inform govt about all social media accounts 

Sunday, 15 April 2018

FINANCIAL ASSISSTANCE FOR DAUGHTERS MARRIAGE/WIDOWS REMARRIAGE

FINANCIAL ASSISSTANCE FOR DAUGHTERS MARRIAGE/WIDOWS REMARRIAGE

The scheme provides financial assistance to Pensioners/non pensioner ESM up to the rank of Hav or equivalent in the Navy/Air Force for two daughters Rs.50000 each w.e.f. 1.4.2016.

ELIGIBILITY

1. Applicant must be ESM or his widow.

2. Should be of the Rank of Hav /Equivalent and below.

3. The daughter should be above the age of 18 years.

4. Should not have obtained this grant from any other source.

DOCUMENTS TO BE UPLOADED

1. Discharge book. (Must have entry regarding his daughter in the discharge book)

2. Proof of age of daughter.

3. Proof of marriage Certificate from Registrar/Village sarpanch.

4. Self certificate from applicant.

5. Bank account details.  (Only SBI or PNB)

6. Aadhaar Card of ESM and his Daughter.

7. Photo of ESM.

APPLICATIONS MUST BE SUBMITTED WITHIN 6 MONTHS FROM THE DATE OF MARRIAGE.

ONLY ON LINE APPLICATIONS ARE ACCEPTED.

Visit www.ksb.gov.in for more details.

FINANCIAL ASSISTANCE FOR ESM IN PENURY

FINANCIAL ASSISTANCE FOR ESM IN PENURY

Penury is provided @ Rs.4000 per month from 01.04.2017 per head for life time for non pensioner esm and widows from AFFD Fund by KSB.

ELIGIBILITY CONDITIONS

1. Must be a non-pensioner ESM or his widow.

2. Should be of the rank of Hav/equivalent from Navy/Air Force and below.

3. Should be above the age of 65 years.

4. Should be recommended by ZSB.

5. Should have account in SBI or in PNB.

DOCUMENTS TO BE UPLOADED

1. Discharge book.

2. Age proof it it is not available in Discharge booik.

3. ID Card of ESM/Widow.

4. Bank pass book front page.

5. Certificate of penury obtained from VAO.

6. Aadhaar Card of ESM/Widow.

7. Photo of the ESM/Widow.

APPLICATIONS MUST BE SUBMITTED THROUGH ONLINE ONLY.

MUST BE RENEWED EVERY YEAR IN THE MONTH OF JANUARY.

THIS GRANT IS PAID IN ONE INSTALMENT IN LUMP SUMP.

Visit www.ksb.gov.in for more details.

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