By Ajai Shukla
Business Standard, 15th Jan 14
On January 2, the Department of Ex-Servicemen Welfare
(DESW), the ministry of defence (MoD) wing that is charged with looking after
lakhs of military veterans across the country, gave these former soldiers a
cruel New Year present. It ruled that ex-servicemen who take the MoD to court
for disability and pension benefits would have to fight their cases all the way
to the Supreme Court.
An DESW office memo, which Business Standard possesses,
cites six categories of litigation in which the MoD will appeal automatically.
The first is disability pensions, specifically citing the example of Lt Gen
Vijay Oberoi, who lost his leg in a gun battle in the 1965 Indo-Pakistan war.
Oberoi soldiered on without any financial benefit whilst in service, but was
categorized as 70 per cent disabled when he retired as the army’s vice chief in
2001. When the 5th Pay Commission enhanced this to 75 per cent, the
MoD refused to pay. In 2012, two years after the Armed Forces Tribunal (AFT) directed
the MoD to pay the modest increase, the DESW appealed in the Supreme Court,
dragging Oberoi into another, even more expensive, round of litigation.
Says Oberoi: “For almost two years, this has remained
pending. For me, an extra 5 per cent is not a financial windfall. But the MoD
has made my case an example for all future appeals. Most ex-servicemen simply
cannot afford to keep litigating.”
In the past, numerous impoverished ex-servicemen have abandoned
their cases, since they cannot afford endless legal battles against top
government lawyers, which the MoD hires at taxpayers’ expense. Often veterans
die before they can get their dues. The new DESW order transforms this into
official MoD strategy.
The DESW memo (MoD ID No.1(11)2013/D (Pension/Legal) dated
02.01.2014), notes that the department had earlier run each case past its law
officers to decide whether to appeals against adverse verdicts. Henceforth, the
department will appeal automatically, since referring to legal advisors and
processing each case on its merits “increases paper work at various levels and
delays process of filing of appeal.”
The six categories of litigation in the memo cover
disability benefits and certain categories of pensions, which involve a high
percentage of ex-servicemen litigation --- the DESW has refused to provide
figures, even in response to queries under the Right to Information (RTI). The
memo directs the military to “straight away process such cases for appeal… without
routing such cases to the (DESW).” The military should refer only cases where
there is a “difference of opinion”.
On the eve of Army Day, when the country remembers its
veterans, army chief General Bikram Singh says he will raise this issue with the
Rajya Raksha Mantri (RRM), Jitendra Singh, who oversees the DESW. “The welfare
of ex-servicemen is close to my heart. This issue has been projected at the
staff level… This is their right and we at army headquarters have to work to
ensure that they get their entitlements. I will take up this case again with
the RRM,” promises the chief.
Navdeep Singh, a Chandigarh-based lawyer who has campaigned
tirelessly to induce the MoD to pay deserving ex-servicemen their dues rather
than wearing them out through groundless appeals, says: “Thousands of appeals
are being prepared by government lawyers, which will now be filed in the Supreme
Court against AFT and High Court judgments granting benefits to disabled
soldiers. This will force these poor soldiers to litigate till the Supreme Court.
In addition, thousands of cases are already pending because the DESW is unwilling
to pay.”
Furthermore,
say Navdeep Singh, the DESW
is snowed under with work from all its appeals. 90 per cent of the judgments
that require implementation (after the DESW has exhausted all its legal
recourses) remain unexecuted, forcing aggrieved ex-servicemen to file contempt
petitions. All this adds to the litigation.
The DESW was set up in 2004 with the stated aim of ensuring
“the welfare, resettlement and rehabilitation of ex-servicemen (ESM), war
widows and their dependents.” A secretary to the government of India heads the
department.
Would it be better to have DESW like departments under respective arms of the armed forced. That would take it away from babus and mantris who do not understand the "shame to the nation" when those who give their time, blood and, at times, life for the nation and are not cared for.
ReplyDeleteDESW should be disbanded with immediate effect. The Supreme Commander of the Armed Forces should be given a show cause notice as to why he alone should not be made responsible for the insults heaped upon by this ungrateful nation on its Armed Forces. The nation should be asked as to why any soldier should lay down his life for the motherland while his countrymen are engaged in rampant corruption.
ReplyDeleteDESW is one of the most corrupt and heartless organisation though staffed by Ex Servicemen themselves.I remember a case inMajor Navdep's blog where a village lady lost her Husband a subedar in 1971 war and was granted a pension. Now later her son a Havildar lost his life in Kargil war and the babus in Defence Ministry refused the second pension saying no wisow or serving person can have two pensions. The above rule is mostly for servivemen who work in civil organisation and earn their pension there also and they can opt for a single pension which suits them best. But the village ladys case was unique and the babus will not budge and I think it took Raksha manthri's effort to get this sanctioned.
ReplyDeleteWhat kind of filth have we gotten elected into our Government? I wonder there is no "Anna" to fight the cause of our ex-servicemen? Even Anna is a sham and diversion. A charge of 'traitor to India' and 'war-criminal' should be brought on the serving and ex-ministers of MoD for playing with the lives of those who protect us by fighting for India. I don't want to waste my words on the filth called Indian Bureaucracy, a glimpse of which could be seen from the Khobra-gate episode.
ReplyDeleteThe British conquered India by simply treating its sepoys with fairness. Timely pay and a reasonable ( for the time) "pinshun". They added to that "izzat".
ReplyDeleteOur wise Babus must be different. For them litigation s are a "sport".
Shameful!
But in having their 'sport" the wastrels are ruining the Army!
MOD is acting like an auditor while the AF are employed and working under it. It is high time that the MOD starts behaving like an employer of the Armed Forces of the country and the Armed forces as an employee of the MOD for GOI. The three services have no independent authority of there own and are only implementing the instructions of the MOD in all respects. In the interest of the services and the MOD it would be better that the pay, allowances and pension is disbursed through the MOD like any other employer than individual services. The MOD is shying away from its responsibilities of being the care takers of the armed forces and because the individual services are doing its job they are doing nothing other than acting as an auditor. The present system is the most mismanaged employer employee relationship. The MOD does not seem to want to own its own defence services while the three services do not want to be owned by the MOD.
ReplyDeleteA BLACK DAY IN THE NATIONS QUEST TO A SUPERPOWER AND FOR POLITCANS AND
ReplyDeleteBABUS ASPIRING TO SIT IN THE UN SECURITY COUNCIL AS PERMANENT MEMMBERS , ON THE BLOOD GUTS GORE AND SHOULDERS OF ITS ARMED FORCES . THE ARMED FORCES ESPECIALLY THE ARMY MUST NOT TAKE IT LYING AND 'all means legal , political and unconventional" must be employed to kick the DESW ORGANISATION AND EMPLOYEES .IESM MUST MOBILISE ALL TO GET BJP INTO POWER AND ABOLISH THE DESW AND ONLY UNIFORMED SERVICE MEMBERS BE INDUCTED INTO IT . THE BLACKGUARDS OF DESW MUST BE PHOTOGRAHED AND PHOTOS POSTED IN ALL ENGLISH AND VERNACULAR NEWSPAPERS SO THAT THE EXSERVICEMEN CAN BLACKEN THEIR FACES AND PARADE THEM ON DONKEYS WHEREVER THEY FIND THEM . THE TIEM TO RISE HAS COME THE BUGLE MUST BE SOUNDED .
THE ARMY NEED NOT FIGHT THE ENEMY . FIFTH COLUMNISTS AND AGENTS ARE SITTING RIGHT IN MOD DESM . WHO NEED TANKS GUNS AND BPJS . THE NATION IS
ReplyDeleteON A DOWNHILL, WITH A HOME SECRETARY DECLARING THE HOME MINISTER TO BE A CORRUPT DAWOOD LACKEY AND MOD CHOPPING THE ARMS AND LIMBS OF ITS OWN DIABLED RETIRED SOLDERS AIRMEN AND SAILORS . THE AGENDA IS WELL SET
FOR DISMEMBERMENT OF THE NATION .
The MOD has crooked babus. . it should be filled with ex-servicemen. The secretary of defence should report to chairman of chief of staff.
ReplyDeleteforget the protest .THE ARMY CHIEF AND HIS PSOS SHOULD HAVE ALL MARCHED TOWARDS THE DEFENCE MINISTERS OFFICE AND ASKED FOR THE
ReplyDeleteWITHDRAWL OF THIS DESW ORDER . INCASE OF DILLY DALLING THE GENERALS SHOULD HAVE THROWN THEIR RESIGNATIONS ON THE FACE OF THE DEFENCE MINISTER. THE NATION WOULD HAVE ADMIRED THEM . ALL WOULD HAVE BEEN ABSORBED BY THE CORPORATE WORLD .
:( ...I am at a loss for words!!!!!
ReplyDeleteAnother inefficient show by AK Anthony and CO
ReplyDeleteApropos captainjohann's entry.
ReplyDeleteI would say that if the lady who was brave enough to send a son to Kargil
AFTER having lost her man in 1971 she MUST be given BOTH pensions because that is an INSPIRING precedent to set.
In that case , if follwing rules is all, then let us replace the Baboos with a computer .I am our software people can write such a ( stupid) programme.
And what was teh IAS doing,pray!
Shame!
He will also be ex service man shortly. Government would not treat him like this
ReplyDelete