Defence services, India: legal and service issues
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Armed forces, India: legal and service issues
Death-cum-retirement gratuity (DCRG)
'Different benefits for similar injuries is discrimination’
Tribunal Puts Army In Dock...
Dhananjay Mahapatra
New Delhi: When a bullet coming from the other side of the border does not distinguish between a commissioned and noncommissioned officer in the Army, how can the government do so when it comes to grant of death-cum-retirement gratuity (DCRG), wondered the newlyconstituted Armed Forces Tribunal (AFT) headed by a retired Supreme Court judge.
In a major order that would assuage the long-standing grievance of the officers, both commissioned and non-commissioned, AFT principal bench comprising chairperson Justice A K Mathur and member Lt Gen M L Naidu said this discrimination in payment of DCRG was violative of Article 14 (right to equality) guaranteed under the Constitution.
A petition filed by the Disabled War Veterans (India) through counsel Aishwarya Bhati had made two major grievances — one relating to the difference in payment of DCRG and the other regarding computation of pension for a disabled soldier.
Bhati had alleged that the government takes into account the minimum payscale in the rank of the disabled soldier to compute the war injury pension to him and had requested AFT to direct the Centre to consider taking into account the highest pay in the rank for the purpose.
AFT agreed on both counts with the counsel. On DCRG, it said once the short service commission officers and the permanent service commission officers fight on the border shoulder-to-shoulder, they formed the same class and no further distinction can be made.
“Once they form the same class and they are fighting shoulder-to-shoulder against the enemy and if unfortunately both of them receive an injury and they are disabled then no distinction can be made in the payment of DCRG,” the AFT said. “We cannot give them benefit, but we can only request the government that this payment of DCRG on the basis of distinction between short service commission and regular service commission is highly discriminatory. We hope and trust that the government will remove this discrimination which is apparent on the face of it,” it said.
Coming to computation of war injury pension, the AFT said the cause of injury which disabled a soldier and cut short his career was beyond the control of the personnel and such persons should be treated fairly by being given war injury pension on the basis of the highest pay in the rank.
“We feel strongly that it is a matter which requires serious consideration of the government that a person whose career has been sacrificed for safeguarding the Indian border and he is to be treated in such a poor way that he is being paid war disabled pension on the basis of minimum of the scale of that rank,” the AFT bench said.
'Duty’: Definition of
Does a toilet break count as ‘duty’?
‘Soldiers on loo break still on nation’s duty’
Ajay Sura TNN
The Times of India 2013/07/26
Chandigarh: A soldier taking a loo break during work hours should be deemed on duty for the nation, the Armed Forces Tribunal in Chandigarh said on Thursday while ordering Rs 10 lakh damages for a jawan’s widow.
The widow, Daxina Devi, was denied compensation as her husband, sepoy Lakshman Kumar, was on his way to toilet when he died after suffering head injuries after a fall along the India-China border in Ladakh on August 15, 2009. Justice Vinod Kumar Ahuja-led AFT bench ordered the compensation meant for soldiers killed on duty in Kumar’s case with an additional 10% interest. Devi had challenged the decision to deny her compensation on hyper technical grounds and called it perverse.
CoI had declared death as casualty
Chandigarh: The Armed Forces Tribunal in Chandigarh on Thursday ordered Rs 10 lakh damages for a jawan’s widow after her husband, sepoy Lakshman Kumar, died after a fall on his way to toilet. The Tribunal ordered that a soldier taking a loo break during work hours should be deemed on duty for the nation.
The widow, Daxina Devi, had challenged the Allahabad-based principal controller of defence accounts (PCDA) decision to deny her compensation on hyper technical grounds and called it perverse.
A court of inquiry (CoI) had declared the soldier’s death as a casualty in an operational area. But PCDA denied Devi compensation given to soldiers who die on bona fide military duty, saying he was not on duty when he suffered injuries.
“It seems strange that the office of the PCDA is suggesting that a person should not even go out to attend the nature’s call and if he does, he shall not be considered on duty during those particular moments,’’ Devi said in her petition before the ATF in November 2012. “Such an approach of authorities is also against the very existence of human biology.’’
Housing: Married Accommodation Project
Armed forces, India: welfare issues
Jawans sans home and hearth
Married Accommodation Project For Soldiers Still A Pipe Dream
Rajat Pandit
New Delhi: Leave alone supersonic fighter jets or complex ballistic missile defence systems, the defence establishment seems incapable of even providing something as basic as decent family accommodation to its armed forces.
Even as the defence ministry flounders, deadline after deadline of the much-touted Married Accommodation Project (MAP), touted as a major welfare measure for soldiers, airmen and sailors, is being missed with huge cost escalation.
Consequently, while officers have it relatively easy, a majority of jawans are forced to stay away from their families for prolonged periods, which is one of the factors cited for the high levels of stress prevalent in the forces. Incidentally, the 13 lakh-strong armed forces record over 120 suicide and ‘fragging’ cases every year.
MAP was conceived a decade ago to ameliorate some of the hardship faced by jawans since there was limited housing available for married personnel. Though the aim was to construct just 1,98,881 new dwelling units, in four phases at an estimated cost of Rs 17,357 crore, it was considered a good beginning.
But it has flattered to deceive. In May 2002, the Cabinet Committee on Security approved construction of 61,658 dwelling units under phase-I, which were to be ready by 2005-2006.
Eight years later, even after the number of units to be constructed was reduced to 58,391 in 86 military stations at a cost of Rs 5,329 crore, phase-I is yet to be completed. ‘‘Only about 42,000 units are ready till now,’’ said an official. ‘‘The less said about phase-II the better. Under it, 66,727 units have to be constructed in a compressed timeframe by March 2012. It will simply not be possible,’’ he said.
MoD, on its part, says phase-II will not be branched off to PSUs, like it was in phase-I. Defence minister A K Antony has ‘directed’ senior officials to ensure ‘strict adherence’ to the March 2012 deadline.
While 75% of the work in phase-II will be executed directly by the directorate general of MAP, the other 25% will be handled by MES (military engineering service), to avoid slippages and cost escalation.
But given the track record of both MAP and MES till now, the timely execution of phase-II, at a cost of Rs 9,938 crore, is likely to remain a pipedream. Moreover, no definite timeframes for phase-III and IV, under which over 70,000 units are to be constructed, have been chalked out in detail. MoD officials, however, said the government had ‘agreed in principle’ to combine the last two phases to complete the entire MAP ‘at the earliest’.
Paraplegic officers, injured in action/‘battle casualty’
Brig on wheelchair to be maj-gen
Razdan Was Paralysed Waist-Down After Suffering Injury Battling Militants
New Delhi: In a stirring achievement, a paraplegic Army officer who uses a wheelchair, Brigadier S K Razdan, is all set to become a two-star officer or a major general.
While this is not the first time that physically challenged officers have reached high ranks, with at least two having even become senior three-star officers or lieutenant generals, the feat is possible only through steely determination and sheer grit. Razdan was a lieutenant colonel in the special forces when he participated in an intensive counterterrorism operation in Damal Kunzipur area of Jammu & Kashmir in October 1994 to save several Muslim women taken hostage by militants. While the women were successfully rescued, the brave officer suffered grave injuries to his spinal cord, leaving him paralyzed below the waist. Razdan was awarded the Kirti Chakra, the nation’s second-highest peacetime gallantry award, in 1996, for his act of valour. The officer, confined to a wheelchair, later went on to become a brigadier. And now, Razdan has been approved for the next rank, a major general, and will ‘pick up his rank’ once there is a vacancy.
‘‘As per Army rules, any injury or disability suffered in war, counterterrorism or any other operation, which is called a ‘battle casualty’, does not come in the way of any soldier in his promotion boards as long as he is capable of performing his duties,’’ said a senior officer.
However, if a soldier suffers a ‘physical casualty’, that is, gets disabled in training or an accident, then there is no recourse but to put him in a lower medical category. He is allowed to serve if he can perform his duties but there is a bar on him getting promoted or attending some particular courses. Otherwise, he is boarded out.
Take, for instance, Lt-Gen Pankaj Joshi, who passed away last year. Commissioned into the Gorkha Rifles in 1962, he lost both his legs during a mine-clearing mission in Sikkim in 1967. But through sheer grit after becoming a ‘battle casualty’, he went on to command an armoured brigade, an armoured division and a corps before becoming the general officer commanding-in-chief of the Lucknow-based Central Army Command.
That’s not all. Joshi also became India’s first-ever chief of the tri-Service integrated defence staff in October 2001, established in the aftermath of the 1999 Kargil conflict, and retired after a fruitful tenure.
The 1.13-million strong Indian Army, in fact, has also had a lieutenant general, who was disabled, as vice-chief. Lieutenant General Vijay Oberoi, who lost one of his legs during an operation as a young officer, served as the vice-chief in 2000-2001 after first serving as the director general of military operations, a strike corps commander, and then chief of the Chandimandir-based Western Army Command.
Promotions
A fundamental right
Promotion a fundamental right, SC says
TNN | Jan 12, 2014
NEW DELHI: The Supreme Court has said that an eligible candidate has a fundamental right to be considered for promotion against the available vacancy and promoted if adjudged suitable.
The ruling from a bench of Justices AK Patnailk and JS Khehar came as they set aside as "invalid" the order of the Cabinet's appointment committee not accepting the recommendation of a selection board to promote Maj Gen HM Singh as Lt Gen.
"..., if the appellant was the senior most serving Major General eligible for consideration (which he undoubtedly was), he most definitely had the fundamental right of being considered against the above vacancy, and also the fundamental right of being promoted if he was adjudged suitable," said the bench in a judgment delivered on Thursday.
"Failing which, he would be deprived of his fundamental right of equality before law, and equal protection of laws, extended by Article 14," said Justice Khehar.
Rank after retirement
Rank never retires, officer does: Army
Ajay Sura,TNN | Aug 3, 2014 The Times of India
Long after an officer retires, or even expires, he is still known by his rank.
Supporting the view that 'the rank never retires, the officer does, the Army has issued instructions that aim to immortalize the rank.
With a view to remove any confusion among the retired Army personnel regarding the use of word 'retired', the Army headquarters has clarified that instead of prefixing the word 'Retd.' to an officer's name, now his address would have the suffix 'Retd.'
"Of late it has been observed that retired officers are mentioning the word 'Retd' after their rank which is incorrect. Ranks of service officers are granted by the President of India and valid not only during their lifetime but also after their demise. The privilege is only given to service officers," read the circular issued by the directorate general of staff duties department of Army General Service (GS) branch.
The circular, issued on July 21 by the Army has informed all the officers, "the correct form of mentioning Retd is Brigadier ABC (Retd) not Brig (Retd) ABC".
The Army officers are entitled to retain their rank before their name by virtue of Article 18 of the Constitution, according to which the military ranks can be retained and used by the military personnel with their name.
Tribunals (Armed Forces)
Armed Forces Tribunals have powers similar to high courts and handle military related matters.
Army canteens
The Times of India, Aug 17, 2016
Neha Tyagi & Sagar Malviya
Army canteens most profitable retail chain in India, ahead of Future & Reliance Retail
HIGHLIGHTS
• Army canteens earned Rs 236 crore during FY14-15, more that Future Retail and Reliance Retail
• Its operating margin is 1%, which it claims on its website is lowest for any retailer in the world
The Canteen Stores Department (CSD), which, incidentally, is a not-for-profit organisation, earned Rs 236 crore during FY14-15, according to a Right to Information query.The Canteen Stores Department (CSD), which, incidentally, is a not-for-profit organisation, earned Rs 236 cror... Read More MUMBAI: Which is the most profitable retail chain in India? Answer: The defence canteen stores. Its earnings exceeded those of all other chains, including Future Retail and Reliance Retail+ . The Canteen Stores Department (CSD), which, incidentally, is a not-for-profit organisation, earned Rs 236 crore during FY14-15, according to a Right to Information query. Comparatively, Avenue Supermart, which runs D'Mart stores, made a profit of Rs 211crore that year, Future Retail made Rs 153 crore and Reliance Retail Rs 159 crore. In terms of sales, too, CSD fared well, with its revenue of Rs 13,709 crore trailing only Future Group and Reliance Retail. The CSD's retail outlets sell 5,300 products ranging from biscuits and beer to shampoos and cars to 12 million consumers — personnel of the army, navy and air force, ex-servicemen and their families. Started in 1948, it is managed by the defence ministry and comprises 3,901unit-run canteens and 34 depots. It has more than 600 suppliers competing to provide a range of products including toiletries and cosmetics, household goods, footwear and accessories, food items, stationery, electronics and consumer durables, liquor and vehicles. "CSD is definitely a critical channel. While we are not as focussed as we should be, there is a lot to be done to increase its contribution to our overall sales," said Krishna Rao, deputy marketing manager at Parle Products. "They expect a higher margin so they can pass on the benefit to the end-consumer." While vendor companies offer slightly better discounts to CSD than to local kiranas, products are still sold at very low prices because the government waives a substantial amount of taxes. CSD's operating margin is 1%, which it claims on its website is lowest for any retailer in the world. For most consumer product and liquor companies, CSD accounts for 5-7% of their total volume sales. It is the biggest customer across South Asia for Hindustan Unilever, the country's largest FMCG company, and United Spirits Ltd. A spokeswoman for USL, India's largest liquor company, said CSD is very important, especially for premium scotch brands such as Johnnie Walker+ and Black Dog. "For any company, a channel as big as CSD is surely their first priority and the company would want to stock its products immediately," Nitish Kapoor, regional director at Reckitt Benckiser South Asia, was quoted as saying in a CSD coffee table book.
Liquor and toiletries
Liquor (26%) and toiletries (23%) account for nearly half of CSD's sales, while auto and white goods contribute 20%. Most companies renegotiated terms of trade after temporary destocking at CSD in 2012 due to internal issues and have now set up dedicated divisions to handle it as a client, similar to modern trade or general trade accounts. Samsonite has almost 180 officials dedicated to CSD. "It is very different in terms of distribution as we have to supply products in far-flung areas compared to demand mostly from civilian consumers in cities. While it is undoubtedly our largest client and as a brand, we take pride in supplying to CSD," said Jai Krishnan, COO at Samsonite South East Asia.
However, experts said e-commerce companies armed with deep discounting are gradually eating into its share. "Markets like Punjab, Uttar Pradesh, Bihar and Jharkhand used to report big army canteen demand, but this has progressively reduced with the emergence of strong ecommerce and retailers, who are selling the entire range and sometimes with promotions," said Videocon Chief Operating Officer CM Singh. For the white-goods segment, defence canteens contributed about 4% three years ago, a share that has halved now. Durable goods makers blame it on the emergence of ecommerce companies, which also offer a wider selection of products than the defence canteens or even big retail chains.
Feb 05 2015
`Let time-scale naval captains serve till 56'
In a series of judgments with wide implications for Service officers, the Armed Forces Tribunal (AFT) has ruled that the Navy cannot retire “timescale“ captains at the age of 54 when “selection-grade“ captains serve till 56. Citing a Supreme Court judgment, an AFT bench said the government could not permit two dates of retirement for persons working in the same rank.“Once a person is promoted as captain (time-scale), he has to perform all the duties of a captain and draws the same salary and allowance. Therefore, to hold him as a class different from a selection-grade captain would be discriminatory ,“ it said.
Holding that the principle has to apply across the board in all the armed forces, the AFT bench rejected the government's contention that time-scale captains could not hold certain appointmentsbillets, which are held only by selection-grade captains.
“We are afraid this contention cannot survive... What the apex court observed was that deployment remains the administrative prerogative of competent authority . If such a deployment involves any reduction in pay , allowances and other benefits, then it could be said that they are not at par with the captains (selection-grade),“ it said.
Several superseded naval officers have knocked on the doors of the AFT to be allowed to serve as timescale captains till the age of 56, with at least four of them winning their cases against the government till now.
It takes around 17-18 years for an officer to be promoted to the rank of a captain in the Navy , which is equivalent to a colonel in the Army . A superseded officer makes it to the captain rank (time-scale) in 26 years.
It is the first select grade promotion in the armed forces that has a steeply pyramidal promotional structure, with only around onethird of officers making it to the next rank at every stage.
Medical fitness
Must satisfy physical standards for permanent commission
The Times of India, Jan 23 2016
AmitAnand Choudhary
'Armed forces not an old age home, no place for unfit: SC'
Junks Plea Of IAF Officer For Permanent Commission
The Centre on Friday told the Supreme Court that it would soon notify a stringent green regime for the construction industry , including stiff penalty on those executing housing projects without prior environmental clearance, reports Dhananjay Mahapatra. Additional solicitor general Neeraj Kishan Kaul told the bench that those who executed projects without approval would be made to pay for the environmental damage, in addition to facing criminal prosecution if the violations were grave. A physically unfit person cannot be allowed to work for the defence forces, the Supreme Court said on Friday while rejecting a woman IAF officer's plea for permanent commission even though she had failed to clear the medical test. “Armed force is not an old age home where sick, ill and diseased persons can work and hold posts. You are not satisfying the physical standard required for permanent commission,“ a bench of Chi ef Justice T S Thakur and Justice R Banumathi said while rejecting the plea of Squadron Leader Shilpa Rao.
Rao was commissioned in the IAF in 2005 as a Short Service Commission officer in the administration branch and her application for permanent commission was rejected by the government in 2015 because she was suffering from a minor disease called Mitral Valve Prolapse.
Senior advocate Mahavir Singh and advocate Nikhil Jain, appearing for Rao, said she had been performing her duties despite the illness which did not require any treatment or change in lifestyle.
“While considering her for grant of permanent commission, it is ought to be kept in mind that medical standards or an already serving officer who is able to discharge her duties effectively despite medical problems cannot be the same as those prescribed for a new entrant to the service,“ Singh told the bench.
Rao alleged in her plea that her medical report specifically mentioned that she was fit for all ground duties and she could face a problem only in areas 2,700 meters above sea level.
“There are only three IAF stations at that height out of the total of more than 100 service areas and more than 90% of officers are never posted to those areas. Also, she is a ground duty officer and, therefore, the above mentioned restrictions are no hindrance to her in performing her ground duties,“ Rao's petition said.
Disability pension
Sharp increase in claims between 2008 and 2014
The Times of India, November 21, 2015
Pradeep Thakur
Claims jumped after payout was hiked by last pay panel
Employees and trade unions say 7th pay panel recommendations not good enough
One rank, one pension (OROP) for military veterans may be fine but the Seventh Central Pay Commission (CPC) has found that the number of senior officers, especially brigadiers and above, claiming disability pension witnessed a major jump after the payout for disability was increased by the last pay panel. Observing that there was “an upward trend in personnel superannuating with disability element at senior levels“, while it had gone down for jawans and junior commissioned officers (JCOs), the pay panel recommended junking the regime implemented after the Sixth CPC and a return to the earlier, more equitable, “slab based system“.
There have been several cases in recent years of senior officers, which include even a former Army chief, taking the pension system for a ride by claiming higher disability pension.
The pay commission questioned the rationale of awarding disability pension to officers as a percentage of their last pay drawn as it had resulted in high ranking officers, brigadiers and above, claiming disability since the payout went up. The pay panel found that officers retiring with disability in the armed forces increased from 13% in 2007-08 to 20% in 2013-14.
On the other hand, jawans and JCOs were less affected by disability and a lesser number of them were drawing disability pension. The percentage of JCOsother ranks retiring with disability actually decreased from 19% in 2007-08 to 7% in 2013-14.
“Implementation of the Sixth CPC recommendations resulted in a substantial increase in the disability element. For 100% disability , at the minimum level, for jawans, it went up from Rs 1,550 to Rs 3,138, a little over double while at the highest level, among officers, it went up from Rs 2,600 to Rs 27,000, by more than 10 times,“ the pay panel said. The shift from slab-based system to a percentage-based regime for disability pension after implementation of the Sixth CPC's recommendations was contrary to the tenets of equity , in so far as treatment of disability element between officers and JCOs ORs was concerned, it said.
“The commission is, therefore, of the view that the regime implemented postSixth CPC needs to be discontinued, and recommends a return to the slab-based system,“ it said while giving suggestions on reverting to the slab rates. To examine recent trends in disability cases, the pay panel had sought data -total number of pensioners superannuating with disability element each year -from the Controller General of Defence Accounts (CGDA).
Women in the Armed Forces
2013-15
Army puts obstacles for women: SC
From the archives of The Times of India
The Supreme Court accused the Army of creating “artificial hurdles” for women officers while clearing decks for grant of permanent commission to Major Leena Gaurav, who was made to wait for six years despite passing a promotion test for the rank of Lieutenant Colonel in Judge Advocate General (JAG) branch. Dismissing the Union government’s appeal against an order of the Armed Forces Tribunal favouring Major Gaurav, a bench of Justices R M Lodha and Gyan Sudha Mishra said, “When it comes to absorbing lady officers you pose hurdles for them.”
2015: Permanent commission for women officers
The Times of India, Aug 01 2015
Rajat Pandit
Big leap: 340 women officers get permanent commission
Women are slowly managing to pierce the glass ceiling of getting permanent commission as officers in the Indian armed forces, even though combat roles still do not figure anywhere on the horizon for them. As per latest figures provided by defence minister Manohar Parrikar in Parliament on Friday , the armed forces have granted permanent commission (PC) to 340 women officers till now. The number is miniscule considering there are over 60,000 officers in the 1.3 million strong armed forces. But it does represent a hard-won victory for women, who for long have fought legal battles and entrenched mindsets in the predominantly male environs of the Army , Navy and IAF ever since they be gan donning military uniforms in the early-1990s.
The country's civilian leadership and military brass, of course, still consider combat roles for women a strictly no-go area due to “operational, practical and cultural problems“. So, even if some women have managed to wrangle PC instead of being allowed to serve a maximum of 1415 years as short-service commission (SSC) officers, they cannot fly fighters, serve on warships or join the infantry , armoured corps and artillery .
Technology is increasingly making characteristics like physical hardiness redundant but in India, women find it tough to get PC even in “noncombatant or combat-support arms“. PC for them remains largely restricted to the Judge Advocate General (JAG) wing and Army Education Corps, and their corresponding branches in Navy and IAF.
The armed forces will have to change their policies if gender equality is not to remain mere lip-service in their ranks. “ A lot of cultural and operational adjustments had to be made when women were first inducted in the 1990s.Some more are needed now to induct women in greater numbers,“ said an officer.
2015, November: SC stays HC order
The Times of India, Nov 21 2015
SC stays order on permanent post in Navy for women
The Supreme Court stayed the Delhi high court order allowing women serving as short service commission officers to get permanent commission in the Navy. A bench of Justices T S Thakur and V Gopala Gowda issued notice to the woman Navy officers on whose plea the high court had passed the order allowing permanent commission for them in the force. The government had challenged the order in the apex court.
“Pending further orders from this court, we direct that such of the respondents (petitioners before the high court) as were serving as short service commissioned officers in the Navy as on September 26, 2008, shall be allowed to continue on the terms and conditions applicable to them in that capacity ,“ the bench said.
Attorney general Mukul Rohtagi told the SC that the high court had “erroneously“ held it as a case of gender discrimination.
