Business Standard, 22nd Sept 16
All central government employees have the
right to represent and air grievances against the awards of the 7th Central
Pay Commission (7th CPC) to an “Anomalies Committee” set up for this
purpose --- all except the military, which ironically constitutes the bulk of central
government employees and pensioners.
Now servicemen, in uniform and retired,
will have their say too. On Wednesday, the Punjab & Haryana High Court
issued notice to the central government, directed the Anomalies Committee to
take into account views of defence personnel.
Ruling on a petition by a serving officer, Colonel
Preetpal Singh Grewal, the High Court notice could go some way in easing the vitiated
civil-military relationship, and the trust deficit between civil servants and
the military.
The 7th CPC recommendations,
which were handed over to the government last November, aroused bitter
resentment within the military. On March 11, the three service chiefs made a
presentation to the “Empowered Committee of Secretaries”, a 13-member panel
headed by the cabinet secretary, which was looking into the recommendations.
After that brought no changes, the chiefs held the implementation of the 7th
CPC in abeyance, forcing the defence minister to order them last month to
implement the award.
In his petition, Grewal pointed out that
the Anomalies Committee granting hearings to civil employees, their
associations and the civil establishment but not to defence personnel or even
the military establishment. He pointed out that the defence services were not
even informed about the institution of the Committee and only discovered
through press reports that several meetings had been held with civil government
employees.
The petition admits that military employees
cannot be allowed to form associations. However, there was a need for
sensitivity within the system toward defence personnel, and the opportunity to
present their views and demands.
Denying this would violate the principles
of natural justice, the petition pleaded. It also pointed out that the Supreme
Court has already held that defence personnel should not be treated in a
‘shabby manner’ or denuded of rights that are available to other citizens.
Besides pleading for the opportunity for
serving and retired military personnel to be heard, the petition asked for an
alternative participative mechanism that would compensate for the statutory bar
on forming associations.
The petition pointed out that the defence
ministry’s Standing Committee on Welfare of Ex-Servicemen, which Defence
Minister Manohar Parrikar had himself ordered to hold meetings every three months,
has not yet held a single meeting. The petition argued that this amounted to
lower officials undermining political authority.
The petition suggested that differences be resolved
in a conciliatory manner, instead of implementing ham-handed measures that
created a gap between various services. It stated that the standoffishness of
high government authority created a trust deficit that could be exploited by
anti-national elements, which might spread discontentment through the social
media.
The 7th CPC has raised baseline
military salaries by about 15 per cent, taking the pay of a lieutenant (the
entry grade for officers) to Rs 56,100 per month; and that of a sepoy (the
entry grade for ratings) to Rs 21,700 per month. This was significantly lower
than the 40 per cent hikes handed out by the Fifth and Sixth Pay Commissions.
But the greatest resentment has taken place through the relative dilution of
status, with the Indian Administrative Service, Indian Foreign Service, Indian
Police Service and Indian Forest Service having been granted allowances that
the military believes places them on a higher level.
Reference article 310 of Part IV Chapter 1 of constitution of India. it clearky differentiated between the Defence Services and other services and th recedence is defence before Civil in the text. reproduced below:-
ReplyDelete310. Tenure of office of persons serving the Union or a State.—(1)
Except as expressly provided by this Constitution, every person who is a
member of a defence service or of a civil service of the Union or of an all India
service or holds any post connected with defence or any civil post under
the Union holds office during the pleasure of the President, and every person
who is a member of a civil service of a State or holds any civil post under a
State holds office during the pleasure of the Governor of the State.
ReplyDeletePosted from Constitution of India, Part IV Chapter1.
Clearly the Constitution differentiates between the defence services and civil services placing defence aervices ahead of the civil service by convention in the text itself. this means that the Defence services must have their own T&Cs, regulations as they are for example Navy Army and AF Act so why not a separate pay Commision? if the MPS and MLAs can award themselves their pay why not the armed forces which must only require acceptance by the Supreme Commander under whose pleasure we served(d).
reproduced below..any legal eagles to take this up?
Article 310. Tenure of office of persons serving the Union or a State.—(1)
Except as expressly provided by this Constitution, every person who is a
member of a defence service or of a civil service of the Union or of an allIndia
service or holds any post connected with defence or any civil post under
the Union holds office during the pleasure of the President, and every person
who is a member of a civil service of a State or holds any civil post under a
State holds office during the pleasure of the Governor of the State.
This article content is really unique and amazing.This article really helpful and explained very well.So i am really thankful to you for sharing keep it up..
ReplyDeletePrivate Label CBD