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IESM - FILING OF COURT CASES FOR ESMs

, by indianmilitaryveterans

 IESM has decided to fight UNDER  mentioned cases in the court as a welfare measure for its members, all expenses will be met by the IESM.

1. Non payment of arrears to JCO, NCOs and ORs from 1 Jan 2006
2. Non payment of pension to Hony ranks equal to regular rank.
3. Broad banding of disability pension


 All members who wish to join up in the cases are requested to give their vakalatnama at JM to Sub Maj Verma and Hony Lt K Pandey between 1400h to 1600h every day. IESM had checked with the
lawyer and requested him to file a case for all concerned but he has confirmed that these days Govt is accepting and paying only to litigants. In such a situation it is important that all members are requested to give their Vakalatnama at Jantar Mantar.


These are entirely different cases than OROP which will be taken up only after first payment of OROP is given to all ESM. At present IESM does not need any vakalatnama for OROP case.

One vakalatnama is required for each case you wish to be enrolled. Please sign the vakalatnama as client and leave all other columns blank. Also attach your PPO alongwith the vakalanama so that we get your name and number correctly.

It is once again confirmed that *NO FEE WILL BE CHARGED TO ANY ESM FOR
INCLUSION OF HIS NAME IN THE LIST OF LITIGANTS*. Only requirement is that
they must send their vakalatnama to following address

Indian Ex-Servicemen Movement
H NO 543, SECTOR 23
PALAM VIHAR
GURGAON
122017


*VAKALATNAMA*

IN THE COURT OF ______________________________  ______________________

Suit/Appeal No. ________________________ ______________________
__________________ JURISDICTION  Of  201 .. 


In Re:

Name___________________ ____ ______________ ___________   Petitioner/Complainant

VERSUS
 ______  ______  ________   ______________ _______ Defendant/Respondent/Accused

 KNOW ALL to whom these present shall come that I/We ______________   _________ ___________     the above named ______________________   _____________   _________   ________  ________ do hereby appoint

(herein after called the advocate/s) to be my/our Advocate in the above noted case authorized him:-
  (a)    To act, appear and plead in the above-noted case in this Court or in any other Court in which the same may be tried or heard and also in the appellate Court including High Court subject of fees separately for each Court by me/us.
  (b)   To sign, file verify and present pleadings, appeals cross objections or petitions for execution review, revision, withdrawal, compromise or other petitions or affidavits or other documents as may be deemed necessary or proper for the prosecution of the said case in all its
stages.
 (c)      To file and take back documents to admit and/or deny the documents of opposite party.
  (d)   To withdraw or compromise the said case or submit to arbitration any differences or disputes that may arise touching or in any manner relating to the said case.
  (e)   To take execution proceedings.
 (f)    The deposit, draw and receive money, cheques, cash and grant receipts thereof and to do all other acts and things which may be necessary to be done for the progress and in the course of the prosecution of the said case.
  (g)    To appoint and instruct any other Legal Practioner, authorizing him to exercise the power and authority hereby conferred upon the Advocate whenever he may think it to do so and to sign the Power of Attorney on our behalf.
(h)    And I/We the undersigned do hereby agree to ratify and confirm all acts done by the Advocate or his substitute in the matter as my/our own acts, as if done by me/us to all intents and purposes.
 (i)      And I/We undertake that I/We or my/our duly authorized agent would appear in the Court on all hearings and will inform the Advocates for appearance when the case is called.
(j)     And I/We undersigned do hereby agree not to hold the advocate or his substitute responsible for the result of the said case. The adjournment costs whenever ordered by the Court shall be of the Advocate which he shall receive and retain himself.
 (k)    And I/We the undersigned do hereby agree that in the event of the whole or part of the fee agreed by me/us to be paid to the Advocate remaining unpaid he shall be entitled to withdraw from the prosecution of the said case until the same is paid up. The fee settled is only for the
above case and above Court. I /We hereby agree that once the fee is paid.
  (l)       I/We will not be entitled for the refund of the same in any case whatsoever. If the case lasts for more than three years, the advocate shall be entitled for additional fee equivalent to half of the agreed fee for every addition three years or part thereof.

     IN WITNESS WHEREOF I/We do hereunto set my/our hand to these presents the contents of which have been understood by me/us on this _________2016.



Accepted subject to the terms of fees.                                         (SIGNATURES  )
                                                                                                               Client

Advocates
 


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Highlights of the Rail Budget 2016

, by indianmilitaryveterans

Indian Military Veterans
NEW DELHI: Presenting his second budget, Railway Minister Suresh Prabhu on Thursday unveiled pillars of strategy that would reflect the new thought process for the railways. Here are the highlights of the Rail Budget 2016

* Budget that reflects the expectations of the entire nation

* Making all-out efforts to translate dream of Prime Minister Narendra Modi into reality

* Aiming to achieve operation ratio of 92 percent

* Saving of Rs.8,720 crore from last year's estimates

* Envisaging capital expenditure of Rs.1.21 lakh crore

* 2,800 km of broad gauge track conversion envisaged

* Seven km of broad gauge lines to be commisssioned every day during 2016-17

* Hope to commission 19 km of new broad gauge track every day by 2018-19

* Rs.8.8 lakh crore to be spent on infrastructure in five years

* Rs.40,000 crore expected from the government as nudgetary support

* Budget that reflects the expectations of the entire nation

* Making all-out efforts to translaste dream of Prime minister Narendra Modi into reality

* Aiming tom achieve operation ratio of 92 percent

* Saving of Rs.8,720 crore from last year's estimates

* Envisaging capistal expenditure of Rs.1.21 lakh crore

* Social media being increasingly used to ensure transparency

* Online booking of retiring rooms made possible

* 17,000 additional bio-toilets to be provided by the end of current fiscal

* Finalised bids for two new loco factories under Make in India initiative

* WiFi facilities at 100 more stations this year and 400 stations next year

* 2,800 km of broad gauge track conversion envisaged

* Seven km of broad gauge lines to be commissioned every day during 2016-17

* Hope to commission 19 km of new broad gauge track every day by 2018-19

* Rs.8.8 lakh crore to be spent on infrastructure in five years

* Rs.40,000 crore expected from the government as budgetary support

* Budget that reflects the expectations of the entire nation

* Making all-out efforts to translate dream of Prime minister Narendra Modi into reality

* Aiming tom achieve operation ratio of 92 percent

* Saving of Rs.8,720 crore from last year's estimates

* Envisaging capital expenditure of Rs.1.21 lakh crore

* Local art to be highlighted at railway stations

* Academic facility at Vadodara being upgraded to university level

* Railways to generate 9 crore mandays of employment in 2017-18 and 14 crore mandays in 2018-19

* To increase lower berth quota for senior citizens by 50 percent

* Dedicated freight corridors envisaged for North-South, East-West and East Coast alignments

* Social media being increasingly used to ensure transparency

* Online booking of retiring rooms made possible

* 17,000 additional bio-toilets to be provided by the end of current fiscal

* Finalised bids for two new loco factories under Make in India initiative

* WiFi facilities at 100 more stations this year and 400 stations next year

* 2,800 km of broad gauge track conversion envisaged

* Seven km of broad gauge lines to be commissioned every day during 2016-17

* Hope to commission 19 km of new broad gauge track every day by 2018-19

* Rs.8.8 lakh crore to be spent on infrastructure in five years

* Rs.40,000 crore expected from the government as budgetary support

* Budget that reflects the expectations of the entire nation

* Making all-out efforts to translate dream of Prime minister Narendra Modi into reality

* Aiming tom achieve operation ratio of 92 percent

* Saving of Rs.8,720 crore from last year's estimates

* Envisaging capital expenditure of Rs.1.21 lakh crore

* LIC to fund Rs.1.5 lakh crore over five years on favourable terms

* Two elevated tracks envisaged from Churchgate and CST on Mumbai's suburban railway system

* Specialised teams envisaged in specific areas to improve efficiency

* All-India 24X7 helpline for women

* Fully unreserved trains to be operated on high-density corridors

* Local art to be highlighted at railway stations

* Academic facility at Vadodara being upgraded to university level

* Railways to generate 9 crore mandays of employment in 2017-18 and 14 crore mandays in 2018-19

* To increase lower berth quota for senior citizens by 50 percent

* Dedicated freight corridors envisaged for North-South, East-West and East Coast alignments

* Social media being increasingly used to ensure transparency

* Online booking of retiring rooms made possible

* 17,000 additional bio-toilets to be provided by the end of current fiscal

* Finalised bids for two new loco factories under Make in India initiative

* WiFi facilities at 100 more stations this year and 400 stations next year

* 2,800 km of broad gauge track conversion envisaged

* Seven km of broad gauge lines to be commissioned every day during 2016-17

* Hope to commission 19 km of new broad gauge track every day by 2018-19

* Rs.8.8 lakh crore to be spent on infrastructure in five years

* Rs.40,000 crore expected from the government as budgetary support

* Budget that reflects the expectations of the entire nation


* Making all-out efforts to translate dream of Prime minister Narendra Modi into reality



* Aiming tom achieve operation ratio of 92 percent
* Saving of Rs.8,720 crore from last year's estimates
* Envisaging capital expenditure of Rs.1.21 lakh crore

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Highlights of the Railway Budget 2016-17

, by indianmilitaryveterans

Indian Military Veterans
 Theme of the Budget 
 Overcoming challenges – Reorganize, Restructure Rejuvenate Indian Railways: ‘Chalo, Milkar Kuch Naya Karen’ 

 Three pillars of the strategy i.e. Nav Arjan – New revenues, Nav Manak – New norms, Nav Sanrachna – New Structures. Financial Performance 

 2015-16- Savings of Rs. 8,720 crore neutralizing most of the revenue shortfall, expected OR 90%; 
 2016-17- Targeted Operating Ratio (OR) - 92%, restrict growth of Ordinary Working Expenses by 11.6% after building in immediate impact of 7th PC, reductions planned in diesel and electricity consumption, Revenue generation targeted at Rs. 1,84,820 crore. Investments and Resources 

 Process bottlenecks overhauled including delegation of powers to functional levels; average capital expenditure over 2009-14 is Rs. 48,100 crore, average growth of 8% per annum.  2015-16 investment would be close to double of the average of previous 5 years. 


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Empowered Committee of Secy.s on 7th CPC to meet union leaders on 1st March'16

, by indianmilitaryveterans

Indian Military Veterans

Meeting of the Empowered Committee of secretaries (E-CoS) headed by Cabinet Secretary on 7th Central Pay Commission recommendation with members of the Standing Committee of the JCM National Council Staff Side will be held on 1st March 2016 at 06:45 PM.

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A Few More Anomalies

, by indianmilitaryveterans

Indian Military Veterans

A Few More Anomalies



7th CPC Report vis-à-vis Defence Forces
A Few More Anomalies

“Justice will not be served until those who are unaffected are as outraged as those who are (affected).”
― Benjamin Franklin


When I hear of an 'equity' in a case like this, I am reminded of a blind man in a dark room - looking for a black hat - which isn't there.
-         Charles Bowen


There is but one law for all, namely that law which governs all law,......the law of humanity, justice, equity - the law of nature and of nations.
Edmund Burke

*        *        *        *        *       
          I downloaded and watched the Karan Thapar anchored panel discussion of 16 Feb 16 on the 7th CPC vis-à-vis the Military a couple of days ago. First thing that struck me but where was the Air Force representative? I thought the Military comprised the Army (represented by Gen V P Malik), Navy (Adm Arun Prakash), and the Air Force!

Shri Yogendra Narain, former Defence Secretary, Col Ajai Shukla (of the Business Standard) and Shri Aman Sinha, a BJP leader and spokesperson completed the panel. Here is my comment.    

Risk & Hazard Allowance (RHA) vis-à-vis Special Duty Allowance (SDA)

          The first part was devoted to the 7th CPC’s incongruity terming Siachen as the riskiest and most hazardous area and recommending as Risk & Hardship Allowance (RHA) for Siachen at Rs 31, 500 for officers and Rs 21, 000 for JCOs/ORs and then recommending a 30% of the basic pay (of the new pay matrix) as Special Duty Allowance to incentivise civilian employees, including the ironically terms All India Services (AIS) spearheaded by the IAS to serve in Guwahati or the salubrious climate of Shillong or Aizawl, and less colder than Siachen places like Leh or Kargil.

As 7th CPC appeared to rely on precedent, I harked back to the 6th CPC Report for enlightenment.

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Some interesting information on the OROP tables

, by indianmilitaryveterans

Indian Military Veterans

Some interesting information on the OROP tables



Modalities for Calculations for OROP



Clarification sought by PCDA (P)
Guidance provided by MoD
It may be clarified whether average of minimum & maximum pension is to be determined separately for three Services and the highest among them be allowed or average of minimum and maximum pension is to be determined with reference to entire data of three services.

Issue may be dealt in reference to suggestion at para 1 above. Average of minimum and maximum may be determined with reference to entire data for three Services.
Where rates of proposed pension at lower qualifying service is higher than the rates for higher qualifying service in same rank/group?
In case of such anomalies, pension of higher qualifying services would be stepped up to the level of pension of same rank/group with lower qualifying service.

Where proposed rates of pension in higher ranks is lower than the rates in lower rank(s) with same qualifying service?
In case of such anomalies, pension of higher rank/group with same qualifying service may be stepped up to the level of pension of lower rank(s) with identical group) with same qualifying service.

Where retirees for any rank/Group is not available for lower qualifying service but available after certain length of service?
Where data in a rank is available but the same is not available for certain lower qualifying service, pension for lower service may be determined allowing cut of 3% (compounded) for each completed year to the first rate available for any qualifying service in the particular rank/group. The reduction will be subject to protection  with rates of pension determined for lower rank(s)/Group(s).

From 1.9.2008 onwards, JCOs/ORs are getting 3 financial upgradations in scale of higher rank under MACP scheme. These upgradations are allowed after 8/16/24 years. However, rank of the personnel doesn’t change. A confirmation is required whether these data of pensioners is to be considered with reference to the rank held or is to be taken with reference to grade pay drawn after financial upgradation.

Specific cases from data of 2013 available be segregated with reference to GP and not with reference to rank last held. Thus, personnel who retire with higher grade pay due to financial upgradation may be considered with higher rank for determining revised pension.
In terms of recommendations of CSC-2012, JCO/OR pensioners are allowed pension based on highest notional pay across the 3 services. A confirmation required whether the proposed pension is to be determined with reference to entire data across three services for both JCO/OR and Commissioned Officers or otherwise?
The present policy for pre-2006 JCO/OR retirees viz., across three services may continue. As the pre-revised/revised pay structure for Commissioned Officers across the Services were same, such dispensation was not considered for them earlier. It is now proposed that pension for JCOs/ORs/Offrs may be determined with reference to entire data across the three services.

A methodology needs to be adopted for determining proposed pension for ranks/groups where there are no retirees in calendar year 2013.
When data in a rank is not available, protection in pension be allowed with reference to lower rank(s). Where data in Gp X for a rank is not available, pension may be determined by adding Rs 700 (50% of X Gp pay)in Gp Y Pension subject to protection with rates of pension determined for Gp X in lower rank.

Methodology be adopted for certain types of pension viz Liberalised family pension/2ndlife awards, where cases are not available in calendar year 2013 data or data available is very less.
CSC-2012 established linkage between rates of all kind of family pension with rated of service pension in respect of JCO/OR pensioners may continue. Similar dispensation may also be adopted for rates of family pensions in respect of Commissioned Officers.

For post 2006 disables cases, rates for disability/war injury element linked with pay last drawn which is reduced pro-rata for lesser percentage of disability. Methodology to finalise rates of these awards for each rank/group and qualifying service may be required.
Rates of disability/war injury element be linked with rates of revised retiring/service pension. The rates of disability element shall be 60% of retiring/service pension in each qualifying service for 100% disability. The rates of war injury element shall be 120% of retiring/service pension (discharge cases) and 200% of retiring/service pension (invalidment cases) in each qualifying service for 100% disability.
Method for revision of PSU absorbees who had opted for 100%commutation of pension as policy for 100% commutation is withdrawn from April 1996 and no such retirees exists in 2013.
Pension of such retirees be revised based on revised pension determined for regular ranks. However, existing restored amount of pension shall continue as the methodology for the same has been finalised with reference to Hon’ble Supreme Court judgment.

As per existing formula applicable topre-2006 retires, pension is determined up to maximum terms of engagement for JCO/OR and up to 33 years of service for Commissioned Officers despite of the fact whether they have rendered service beyond that limit. Confirmation required whether the same has to be continued in proposed formulation of OROP or proposed pension of each personnel retired in calendar year 2013 irrespective of qualifying service has to be notified to allow this benefit for past pensioners.

Rates of pension may be determined up to the terms of engagement only and maximum pension determined for rank/group shall be allowed for higher QS. However, in case of officers of the rank of Major General and above which gets their rank at a higher qualifying service, first available rate of pension of qualifying service with 33 years or more may be treated as rates for 33 years of service subject to pro-rata reduction for lower qualifying service.
While reviewing the data of post- 2006 retirees at different points of time in the past it has been observed by Ministry that out layers should be removed from the data to determine revised pension. Methodology in this regard would be required.
It is suggested that out layers be excluded by identifying cases getting benefit of higher pension due to various Court decisions extra increment/out of turn promotions earned by individuals, cut in rates of pay/pension due to punishments, direct entry in higher ranks. PSAs may identify minimum/maximum cases for each rank/group /qualifying service from their data base and get it confirmed from respective Record offices/Pay Account offices to exclude these cases from relevant data.

As per the announcement made by the Government for OROP, personnel retire voluntarily/on his own request are to be excluded from these benefits. Confirmation would be required whether cases of voluntary retirement/retire on own request has to be excluded from the data of 2013 before determining revised pension.
Decision awaited
Source : Aerial View

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