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Thursday, 22 March 2018

Dear Friends,

Kindly read Maj Gen, SG Vombatkere letter to Secy DESW dated 25.3.2017, pasted BELOW for info.

He had also filed WP 18444/2017 in High Court of Karnataka, and obtained an order restraining the PDA (Canara Bank) from imposing Aadhaar as a pre-requisite (in his case, since it was not a PIL) for disbursing pension.

Jai

******************************************

BY REGISTERED POST / ACKNOWLEDGEMENT DUE

25 March 2017

From:

Major General S.G.Vombatkere, VSM

475, 7th Main Road

Vijayanagar 1st Stage

Mysuru-570017; Karnataka

Tel:0821-2515187; Mobile:94804-75925

E-mail:<sg9kere@live.com>;

To:

The Secretary

Department of Ex-Servicemen Welfare

Ministry of Defence

New Delhi-110011

Advance Copy by E-mail to: <defsecy@nic.in>; <jsesw@nic.in>;

Sent by e-mail 25/03/2017; 10:07 AM

SubjectAadhaar as identity document for Defence Forces pensioners

ReferenceGazette of India Extraordinary Notification No.672 dated March 6, 2017

Sir,

1. The Notification under reference requires Defence Forces (“military”, for short) pensioners “... to furnish proof of possession of Aadhaar number or undergo Aadhaar authentication”, so as to enable pensioners to “get their entitlements directly in a convenient and seamless manner”, and “... provide [them] convenient and hassle free pension benefits ...”.

2. The present system of disbursement of military pension is through banks functioning as Pension Disbursing Authority (PDA). The PDA banks establish the identity of every military pensioner after going through previously established know-your-customer (KYC) procedures which include obtaining PAN, Proof of Identity & Proof of Address. This system is already working conveniently and seamlessly. In fact, the data used by banks for KYC is precisely the primary data which UIDAI uses to enrol a person for Aadhaar. Hence I respectfully submit that there is no need for a military pensioner to obtain Aadhaar in case he does not already possess the Aadhaar number.

3. The Notification under reference clearly expresses that military pension is a benefit; the word “benefit” in fact occurs 12 times in the Notification. Here I would respectfully like to bring to your notice that military pension is neither a benefit nor a service, but a right. In this connection, I draw your attention to the Hon'ble Supreme Court of India, Civil Appellate Jurisdiction Civil Appeal No.1123 of 2015, arising out of SLP(C) No.321 of 2015. Also, paragraph 20 of the Judgment delivered on 17.12.1982 in D.S.Nakara & Others vs Union of India (WP Nos. 5939-5941 of 1980), reads as follows:

... the decision of the Constitution Bench in Deoki Nandan Prasad v. State of Bihar and Ors,

wherein this Court authoritatively ruled that pension is a right and the payment of it does not depend upon the decision of the Government but is governed by the rules, and a Government servant coming within those rules is entitled to claim pension.”

4. Further, a Constitution Bench of the Hon'ble Supreme Court of India passed an Interim Order dated 15.10.2015 in W.P. (C) No.494/2012, which reads as follows:

5. We will also make it clear that the Aadhaar card scheme is purely voluntary and it cannot be made mandatory till the matter is finally decided by this Court one way or the other”.

Page 1 of 2

5. Since the matter has not as yet been finally decided by the Hon'ble Supreme Court of India, its Interim Order continues to remain in force. However, the Notification under reference, which reads: “An individual eligible to receive the pension benefits is hereby required to furnish proof of possession of Aadhaar number or undergo Aadhaar authentication”, makes Aadhaar enrolment obligatory and not voluntary. Thus, the Notification under reference is in violation of the above quoted Interim Order of the Hon'ble Supreme Court of India, and in contempt of the Hon'ble Supreme Court of India.

6. In view of the foregoing, I request you to immediately issue a fresh Gazette of India Notification cancelling the Notification under reference, and resuming status quo ante until the matter is finally heard and decided by the Hon'ble Supreme Court of India.

Yours faithfully,


Major General S.G.Vombatkere

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