All retired/ex-officers of Para-Military Forces of Govt. of India who have served in any Central Police Organization are invited to join this association to work for promotion of its Aims and Objectives.
The membership form may be downloaded from this site Membership Fee:
• Admission fee: Rs.300
• Annual subscription Rs.300
• Annual subscription for outstation members Rs.150
Please send the membership requests (Forms and fees) to the General Secretary.
Ex-servicemen status for retired paramilitary personnel
The Union Cabinet had approved a proposal to give ex-servicemen status to retired personnel of paramilitary and central police forces,
thus making them eligible for welfare benefits being availed by retired defence personnel, according to Union Home Minister Sushil Kumar Shinde.
“The proposal [of granting ex-servicemen status to paramilitary personnel] has been approved by the Cabinet today [Thursday]. These personnel
will be called as ‘ex-central police personnel’ on the same footing as ‘ex-servicemen’ in the defence forces. Paramilitary personnel, like defence
forces, put their life at stake in the line of duty and there is no problem in granting them this honour,” Mr. Shinde said while addressing the 73rd
anniversary celebrations of the Central Reserve Police Force (CRPF) and at a Central Industrial Security Force (CISF) event.
The new status would benefit over four lakh retired paramilitary and central police forces personnel. They can now avail certain subsidised
medical and canteen facilities.
‘Ex-central police personnel’ from paramilitary forces such as the CRPF, CISF, BSF, ITBP and SSB eligible will also be able to apply for jobs in
the private sector that recognise ‘ex-servicemen’ as a trained and suitable talent for their organisations.
The Centre will ask the States to give benefits to the children of retired paramilitary personnel in educational institutes and jobs.
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Observations / comments by P S Bedi, DIG (Retd) BSF
The conferment of Ex-servicemen status on retired personnel of Paramilitary Forces is a welcome step. It is to be seen how far the MHA and
the Chiefs of CAPFs will go to practically implement the facilities and incentives for the Retired personnel of CAPFs.
In the light of above, the Write-up by Lt Col C R Sunder is worth appreciating, and will be a great morale booster for the retired personnel
of Central Armed Forces personnel.
A WELCOME STEP FORWARD
Lt Col CR Sundar, President Tamil Nadu BJP Ex Servicemen Cell
The long awaited announcement by the Central Government to grant Ex Servicemen (ESM) status to the retired personnel of paramilitary and
Central Police forces has come at last. Certainly this is a major decision in the right direction.
They will now be referred to as Ex-Central Police (ECP) personnel. In an associated move the centre has directed all states to treat families
of ECP and serving personnel from these forces at par with ESM and their families. Now the wards of ECP will be able to avail equal benefits like ESM
children in matters of admission to educational institutions. Also ECP can apply for jobs where ESM are recognized as semi-skilled. Thus a section of
important uniformed forces which were orphans on retirement will now be cared for.
There is no doubt that personnel of these forces put their lives at stake every day in the course of their duty just as much as the men of
the armed forces of India. Terrorism, separatism, insurgency and naxalism are great challenges to the rule of law in our country today.
The Armed forces have no role in fighting these anti national forces on a day to day basis except in certain limited areas. It is these forces which
are under the Ministry of Home Affairs that have been regularly engaged in these tasks.
These duties have taken a grave toll on them. They have had heavy casualties. In addition on account of a stressful life while in service and a
feeling of neglect during retirement their morale has been low. Therefore they have been having a high rate of attrition due to suicides and premature
retirement. Hence it is only fair that the nation offer them benefits comparable to the best that is available.
Initially there is likely to be a bit of heart burn in the armed forces at this elevation of status of the para-military forces. But such resentment
is misplaced. It is possible that ECP will come to share the canteen facilities and medical facilities such as ECHS available to ESM. To overcome any
shortage of benefits in these areas the Ministry of Defence and Ministry of Home Affairs should sit together and put in place plans to enhance the
facilities to newer levels.
There could be a school of thought that once the ECP get the status of ESM they too would clamour for one-rank-one-pension (OROP). This
would put a greater financial burden on the government which could use this as an excuse to reject the demand outright. This argument could be erroneous.
Viewed from a proper perspective the added strength is likely to give greater weightage to that demand and not the other way around.
However, it should be mentioned that the Armed Forces have a tradition and practice of resettling and caring for the welfare of ESM. These systems
and organizations have been there since the end of the First World War. They therefore have considerable expertise in this field. It will be a great
service to the nation if it can pass on these niche specialties to other forces of the country.
In a democratic society exclusivity is abhorrent. The belief is that what benefits are available to one section of our society should be available
to every other. From that point we have always stood for a fusion of retired personnel of all uniformed forces. This also includes the police forces
of States and NCC.
The organizations through which care is extended to retired military men and widows are the State Ex Servicemen Board (Rajya Sainik Board) at
State level and District Soldiers, Sailors and Airmen’s Board (Zila Sainik Board) at District level. These should be enhanced to take on the
responsibilities of the ECP as well. Also they should be renamed as the State Forces Board and District Forces Board respectively.
We welcome the move to elevate all retired personnel and the families of Border Security Forces, Central Reserve Police Force, Indo Tibetan Border
Police, and Central Industrial Security Force to the status of Ex Servicemen which has been a long standing demand.
Lt Col CR Sundar, Plot No. 43, 24th Cross Street, Padmavathy Nagar, Madambakkam, Chennai - 600126 80561 63792
Supreme Court Judgment - CCS Pension Rules for BSF Personnel
Border Security Force Rules, 1969 - Rule 19 - pensionary benefits - Held, the respondents had resigned from BSF service immediately after completion of 10 years service and, therefore, they are not entitled to any pensionary benefits.
R.M. LODHA AND H.L. GOKHALE, JJ. APRIL 26, 2012
CIVIL APPEAL NO(s) . 9647-9650 OF 2003 J U D G M E N T
2. We have heard Mr. Tara Chandra Sharma, learned counsel for the appellants, and Mr. M.P. Vinod, learned counsel for the respondents.
3. The respondents were the original writ petitioners before the High Court. They were constables in the Border Security Force (BSF). On completion of 10 years service, they tendered resignation. Their resignation was accepted by the Commandant 48 BN BSF. The order accepting resignation provided that they would be entitled to pensionary benefits at their own request on extreme compassionate grounds. Later on, it was found that the pensionary benefits were not admissible to them and few others whose resignation was accepted under Rule 19 of the Border Security Force Rules, 1969 (for short, 'BSF Rules'). Accordingly, on October 20, 1998, a letter was sent intimating them that no pensionary benefits were admissible to those who have preceded on resignation under Rule 19 of the BSF Rules. However, their case for reinstatement in BSF would be considered subject to refund of all payment made to them from the Government such as GPF, Gratuity, CGEGIS, etc. on their resignation. The respondents challenged the above communication by filing two separate Writ Petitions.
4. The writ petitions were contested by the present appellants (respondents therein). Their stand in the High Court was that the writ petitioners were governed by the Central Civil Services (Pension) Rules, 1972 (for short, 'CCS (Pension) Rules') and as per these rules the minimum qualifying service for pension is 20 years and, therefore, they were not entitled to any pension.
5. The Single Judge of the High Court referred to Rules 19 and 182 of the BSF Rules and relevant provisions of CCS (Pension) Rules, particularly Rules 26, 48-A and 49(2)(b). The Single Judge held that when the petitioners (therein) were allowed to resign with pensionary benefits under Rule 19 of the BSF Rules, then their claim for pension must be worked out under Rule 49(2)(b) of the CCS (Pension) Rules. Accordingly, the Single Judge, by his judgment dated September 29, 1999, allowed the writ petitions and directed the present appellants to grant pension to the petitioner (respondents herein) in accordance with Rule 49(2)(b) of the CCS (Pension) Rules.
6. Against the order of the Single Judge, the present appellants preferred Writ Appeals. The Division Bench of the Kerala High Court upheld the decision of the Single Judge and dismissed the Writ Appeals vide judgment dated August 25, 2000. While doing so, the Division Bench referred to the decision of the Himachal Pradesh High Court in Ex-Naik Rakesh Kumar Vs. Union of India & Others – C.W.P. No. 761 of 1998. It is from this order of the Division Bench that the present Appeals, by special leave, have arisen.
7. The judgment of the Himachal High Court in Ex-Naik Rakesh Kumar Vs. Union of India & Others was challenged by the Union of India before this Court in the case of Union of India and Others Vs. Rakesh Kumar, (2001) 4 SCC 309. The question involved therein was – Whether members of BSF who have resigned their posts after serving for 10 years or more years but less than 20 years are entitled to pension/pensionary benefits under relevant provisions of the Border Security Force Act, 1968 (for short, 'BSF Act') and the BSF Rules or the CCS (Pension) Rules.
8. This Court referred to Section 8 of the BSF Act and Rule 19 of the BSF Rules and the provisions of the CCS (Pension) Rules, particularly Rules 35, 36, 48, 48-A and 49. G.O. dated December 27, 1995 issued by the Central Government was also referred to. After quoting G.O. dated December 27, 1995, this Court in para 20 of the report observed as follows :-
"20. The aforesaid GO makes it clear that there was a demand for grant of pensionary benefit on acceptance of the resignation under Rule 19 and that demand was accepted by the Government. Para 2 of the GO makes it clear that the Government has agreed that a member of BSF is entitled to get pensionary benefits on resignation under Rule 19 provided he has put in requisite number of years of service and fulfills all other eligibility conditions. This para only reiterates Rule 19. It also clarifies that authority competent to grant permission to resign is also empowered to make reduction in pension if the member of BSF is eligible to get such pension. Para 5 provides that in future the competent authority who accepts the resignation would specify in the order the reduction to be made in the pension if any and if no such reduction is specified in the order, it would imply that no reduction in the pension has been made. Under para 6, directions are issued for pending cases where resignation was accepted but pensionary benefits were not allowed and provide that necessary orders should be passed within shortest possible time. Reading the aforesaid GO as a whole, it nowhere reveals the Government's intention to confer any additional pensionary benefits on the members of BSF who retired before completing the requisite qualifying service as provided under the CCS (Pension) Rules. It neither supplements nor substitutes the statutory rules. The GO read with Rule 19 of the BSF Rules would only mean that in case of resignation and its acceptance by the competent authorities, the member of BSF would be entitled to get pensionary benefits if he is otherwise eligible for getting the same under the CCS (Pension) Rules and to that extent Rule 26 which provides for forfeiture of service on resignation would not be applicable. Hence, there is no substance in the contention of the learned counsel for the respondents that in view of the GO or specific orders passed by the competent authority granting pension, the appellants are estopped from contending that such officers are not entitled to get pensionary benefits. As stated above, the GO does not confer any additional benefit. Even in the specific order which is quoted above in favour of Naik Rakesh Kumar, the authority has stated that he would get pensionary benefits as admissible under the Rules. Under the Rules, he is not entitled to get such benefits."
9. While dealing with the arguments of the ex BSF personnel that on the basis of the G.O. dated December 27, 1995, a number of persons are granted pensionary benefits even though they have not completed 20 years of service and, therefore, the Court should not interfere and see that the pensionary benefits granted to the respondents (therein) are not disturbed and are released as early as possible, this Court observed that for grant of pension to the members of BSF, the provisions of the CCS (Pension) Rules are applicable and the CCS (Pension) Rules nowhere provide that a person who has resigned before completing 20 years of service as provided in Rule 48-A is entitled to the pensionary benefits. It was expressly held that Rule 19 of the BSF Rules did not make any provision for grant of pensionary benefits. In para 22 of the report, this Court concluded:-
"22. In the result, there is no substance in the contention of the learned counsel for the respondents that on the basis of Rule 49 of the CCS (Pension) Rules or on the basis of the GO, the respondents who have retired after completing qualifying service of 10 years but before completing qualifying service of 20 years by voluntary retirement, are entitled to get pensionary benefits. The respondents, who were permitted to resign from service under Rule 19 of the BSF Rules before the attainment of the age of retirement or before putting such number of years of service as may be necessary under the Rules, to be eligible for retirement are not entitled to get any pension under any of the provisions under the CCS (Pension) Rules. Rule 49 only prescribes the procedure for calculation and quantification of pension amount. The GO dated 27-12-1995 does not confer any additional right of pension on the BSF employees."
10. In a later decision in the case of Raj Kumar & Others Vs. Union of India and Another, (2006) 1 SCC 737, this Court was again concerned with the similar question. This Court referred to the earlier decision of this Court in Union of India & Others Vs. Rakesh Kumar (supra) and reiterated the position that was declared in Union of India & Others Vs. Rakesh Kumar (supra), namely, that Rule 19 of the BSF Rules did not grant any right to pension in cases where pension was not payable under the CCS (Pension) Rules. In para 17 of the report, the Court catalogued the cases before it as follows :
(A) Pre-circular. Personnel who resigned and were granted pension for special reasons, even prior to the circular dated 27-12-1995.
(B) Post-circular. Personnel who resigned pursuant to the circular dated 27-12-1995. These persons can be further divided into two sub-categories.
(i) Personnel who retired in 1996, were sanctioned pension and were therefore asked vide letter dated 31-10- 1998 not to report for reinduction. Their pension has been stopped pursuant to the judgment in Rakesh Kumar (supra). These persons can be further divided into two sub- categories:
(a) those who are in a position to be reinducted into service even now; and
(b) those who cannot be reinducted into the service as a result of being age-barred or due to being medically or physically unfit.
(ii) Those who retired subsequent to 1996, were not sanctioned pension, and were directed to report for reinduction into service or to forfeit pension benefits by virtue of the circular dated 17-10-1998 and the individual letters."
11. Having regard to the peculiar facts arising in each of the above groups, this Court made the following orders :
"1. The personnel falling in category (B)(ii) i.e. those persons who had retired subsequent to 1996 pursuant to the circular dated 27-10-1995 and had not been sanctioned pension, but who have been directed to report for reinduction in service shall necessarily have to forfeit their pension, if they have not reported for service by virtue of the circular dated 17-10-1998. If, however, they have reported for service then there is no question of any relief in their case.
2. In the case of persons falling in category (B)(i), they shall also be given the option of reinduction into service, and those falling in category (B)(i)(a) shall be so reinducted, subject to the conditions stipulated in the circular dated 17-10-1998 and on condition that they shall refund GPF and pension amounts drawn by them till reinduction. The authorities shall indicate the deadline by which such persons shall offer themselves for reinduction.
3. In the case of persons who shall fall in category B(i)(b) i.e. persons who had retired in 1996, were sanctioned pension but who cannot be reinducted today as they are age-barred or physically or medically unfit or for any other reason including their inability to return the amount of GPF, pension drawn or other dues, there shall be no question of continuing payment of pension which shall be liable to cease as a result of the decision in Rakesh Kumar (supra). We are however of the view that equity demands that in such cases there shall be no recovery of the pension amounts already paid to them.
4. In cases which fall under category (A) i.e. personnel who had resigned prior to the circular dated 27-12-1995 and had been granted pension for special reasons and continued to draw it till the stoppage of pension as a result of the judgment in Rakesh Kumar (supra) we think that irrespective of the position in law, equity demands that, as they have drawn their pension for long periods, they shall not be asked to refund their drawn pension amounts, nor shall their pension be stopped now."
12. In view of the decisions of this Court in Union of India & Others Vs. Rakesh Kumar (supra) and Raj Kumar & Others Vs. Union of India and Another (supra), the legal position that emerges is this : Rule 19 of the BSF Rules does not entitle any pensionary benefits on resignation of its personnel. The pensionary benefits are not ordinarily available on resignation under CCS (Pension) Rules since Rule 26 provides for forfeiture of service on resignation. However, by virtue of G.O. dated December 27, 1995 read with Rule 19 of BSF Rules, the member of BSF would be entitled to get pensionary benefits if he is otherwise eligible. Such personnel must, therefore, satisfy his eligibility under CCS (Pension) Rules. The CCS (Pension) Rules do not provide that a person who has resigned before completing 20 years of service is entitled to the pensionary benefits. Rule 49 only prescribes the procedure for calculation and quantification of pension amount and not the minimum qualifying service.
13. The view taken by the Single Judge and judgment of the Division Bench upholding the view taken by the Single Judge cannot be upheld and have to be set aside in light of the legal position noted above.
14. In the present case, the respondents had resigned from BSF service immediately after completion of 10 years service and, therefore, they are not entitled to any pensionary benefits.
15. We, accordingly, allow these Appeals and set aside the orders dated August 25, 2000 passed by the Division Bench and dated September 29, 1999 passed by the Single Judge. We, however, observe that amount of pension paid to the respondents herein, if any, shall not be recovered.
16. No costs.
PARAMILITARY FORCE RETIRED OFFICERS' ASSOCIATION (REGD.) CHANDIGARH
To, The Chief Information Officer RTI, Ministry of Home affairs, North Block, Central Secretariat, New Delhi-110001
Subject: Information under RTI Act regarding Pension and Retirement details of Central Police 0rganisations (CPOs) personnel retirees of Pre-2006 period particularly BSF, ITBP, CRPF and Assam Rifles.
I, P S Bedi, DIG(Retd) BSF, Chairman, Paramilitary Forces Retired Officers Association, Chandigarh, with H O at # 2186, Sector 35 C, Chandigarh-160022, seek the following information under RTI Act 2005, regarding service conditions for pre-2006 retirees for earning full pension.
Is it a fact that BSF/ITBP/CRPF/AR (CPOs) personnel are covered by CCS (Pension) Rules 1972?
Is it a fact, that the retirement age for pre-2006 retirees of these CPO forces up to the Rank of Commandant (SG) was lower than the normal prescribed age under CCS(Pension)Rules 1972 ?
The reasons for fixing lower age for retirement in the case of above personnel vis-à-vis other civil government employees covered under the same pension rules.
The details of age prescribed for retirement of these CPO personnel Rank wise.
Minimum and maximum age prescribed for joining the CPOs for new entrants, rank wise under categories,
Subordinate Officers / NGOs
Other Ranks / Followers
Any compensatory weightage for earning full pension given by the government to compensate early retirement age in respect of these personnel.
The number of personnel, Rank wise / category wise (Officers. SOs or ORs) , who could not earn full pension because of their early age of retirement.
Whether any case has ever considered or been taken up with appropriate authority to compensate these retiring personnel for their early retirement age, and reasons there-of?
To the best of my knowledge and belief, the information sought here-for pertains to your office,
That, I do not belong to the OBC. As such, relevant certificate of OBC is not required
Postal Orders for Rs 10/- (Rupees Ten) is enclosed.
That, further charges for supply of information sought, shall be paid as per extent rules.
Dr Manmohan Singh Hon'ble Prime Minister of India, South Block, New Delhi
Subject: Discrimination against the Gallantry Awardees of Police Medals for Gallantry- Request for intervention to set things right
The Government of India has been following the policy of honouring the gallant personnel of the armed forces, paramilitary forces and police organizations, and giving them incentives in recognition of their gallant actions.
Gallantry has always commanded respect and recognition, and as per policy of government of India, the gallantry medal awardees have been granted monetary incentives in the shape of allowances at notified rates from time to time.
Based on the recommendations of 6th Central Pay Commission
(6th CPC),the government had revised the monetary rates of these allowances, as per following notifications of Ministry of Defence (MoD) and Ministry of Home Affairs (MHA)
MoD notification vide press release Id No 38832 dated 14 May, 2008. These were further revised upwards vide MoD No 7(119)/2008-D(AG) dated 30 March,2011.
MHA notification No 11026/4/8-PMA dated 05 Sept, 2008
The Table attached as appendix indicates the rates of monetary allowance applicable to various gallantry awards in their order of precedence approved by President of India ( Part 1 section1 of the Gazette notification dated 5 Dec, 1990) of various gallantry awards for the defence services ( Army, navy and Air Force), as also the Police series of gallantry awards.
It is seen that, whereas, the rates of gallantry allowance in respect of defence Services were revised upwards, almost by more than double in
March, 2011, the recipients of police gallantry awards continue to get same allowances as were notified in 2008 which are abysmally low. The rates of the police series of gallantry awards are to be revised by the MHA, which has not taken any action in the matter.
Gallant personnel, whether serving under the MoD or the MHA, is a hero and deserves equal respect in accordance with the order of precedence notified by the President of India Secretariat
I, on behalf of, Paramilitary personnel, humbly request you to consider this disparity in the rates of two categories of gallant soldiers, who have faced the enemy , terrorists or other anti social elements and showed their grit to face them boldly and with courage. The non-revision of the monetary allowances is great injustice to recipients of Police series of gallantry medals. This disparity needs to be addressed on priority to maintain the morale of all uniformed forces.
MHA may kindly be directed to revise the monetary allowance of police series of Gallantry Awards in commensurate with the precedence, these deserve. An early action will be highly appreciated as it will be great morale booster.
(P S BEDI), DIG (Retd) BSF Chairman
Copy to Shri Sushil Kumar Shinde : For favourable consideration please. Hon'ble Home Minister Ministry of Home Affairs North Block, New Delhi
GALLANTRY AWARDS AND ALLOWANCES
Order of Precedence (Gazette of India notfc dated 5 Dec,1990)
Monetary Allowance by MoD (Auth; MoD Press Release Id No 38832 (14-5-08))
Monetary Allowance by MHA (Auth; MHA No 1026-PMA dt.8-9-08)
Monetary Allowance by MoD Auth; MoD No 7(119)/2008 -D(AG)dt.3-3-11
Param Vir Chakra
Maha Vir Chakra
Presidents Police medal for Gallantry
Sena Medal/Vayu medal/Nau sena Medal
Police Medal for Gallantry
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7 Important Tax Documents You Should Be Aware Of
The task of filing Income Tax returns could be quite daunting for many, owing to the plethora of forms the process involves. But in reality it isn’t as complex as it seems. Here is a quick guide to help you understand the typical documents and forms required for filing returns. A clear understanding helps you to file your returns correctly and accurately. Documents for Evidence of Income
1) Form 16 Form 16 is the certificate of Tax Deduction at Source (TDS), given by employers. At the end of each financial year, your employer must mandatorily issue a Form16 detailing the salary income earned in the year along with the tax deducted on behalf of you. It is however not compulsory to issue a Form 16, if there has been no TDS deduction in that year. In cases where you have worked in two different companies in a financial year, Form 16 would have to be obtained from both the places.
2) Form 12B
This form is issued by the employer if your income is over and above
Rs. 1, 50,000. It details all particulars of perks and fringe benefits given by the employer in the financial year.
3) Form 16A
Form 16 A details incomes and TDS from sources other than salary. This would include interest on securities, rental income, winnings from lottery and horse race, insurance commissions, payments in respect of deposits under National Savings Scheme, fees for professional or technical services. You would have to obtain this statement from each of the source of income.
Forms for Filing Returns
The new system of filing income tax returns introduced by the government, prescribes various forms based on the nature of income earned during the year.
The ITR-1 is the most basic form used to file returns. This form is for all individuals with income from salary, pension, income from agricultural and deposit interest. The ITR-1 form is not applicable for those with income from house property (rental income or proceeds from sale of property), business, brought forward loss of earlier years, or those with capital gains.
For individuals and Hindu Undivided Families (HUF), with income from activities other than business, or on account of being a partner in a partnership firm, ITR -2 is the form applicable. This form is for those, with capital gains arising out of sale of property, stocks, mutual funds, house property, interest from National Savings Certificates (NSCs), other interest bearing instruments and rental income from house.
Form ITR-3 is meant for those individuals and HUFs who are partners in firms. It also applicable if you are filing returns on behalf of an HUF that is a partner in a firm. The ITR-3 is not applicable for those carrying out any business under proprietorship. 7) ITR-4
The ITR-4 form is meant for individuals and HUFs who are carrying out business transactions and activities under proprietorship. The form is not applicable for any other business activity that is not a proprietary business. Points to Keep In Mind When Filing Returns
Before you start the process of filing you returns, keep your documents handy. It makes the whole process simpler and easier.
Keep your Permanent Account Number (PAN) ready with you when filing your returns. It is the most important document as stating the wrong PAN in your ITR form could attract a penalty.
Documents relating to all the investments made in the financial year such as life insurance premium receipts, Public Provident Fund (PPF), equity-linked savings scheme (ELSS), post office savings, infrastructure bonds, donations to charitable trusts, and such must be kept safely to ensure you incorporate the information accurately when filling in the forms.
Though the Income Tax department doesn’t really ask you to furnish documents along with the returns, all receipts whether municipal tax receipts, rent receipts, bills, and contract notes for assets must be safely kept.
In case of any Advance Tax paid during the year, details of such tax payments to be kept safely too.
Written by Ramya Ramachandran
BRIEF GIST OF RECOMMENDATIONS
RECOMMENDATION OF RAJYA SABHA COMMITTEE ON PETITIONS FOR GRANT OF ONE RANK ONE PENSION (OROP)
1. A Committee was formed on a the petitions to Rajya Sabha, under the Chairmanship of Shri Bhagat Singh Koshyari, Rajya Sabha MP for considering grant of One Rank One Pension (OROP) to retired Armed Forces Personnel.
2. As per the information available, the committee submitted its report on 16 Dec 11 ( Publisherd on 19 Dec,2011). By and large the committee has recommended implementing OROP in Defence Forces across the board. The committee has also recommended a separate Pay Commission for defence personnel in future citing different terms & Conditions and nature of duties.
3. The Committee observed that One Rank One Pension was in vogue till 1973 when the Third Central Pay Commission took ex-parte decision against the One Rank One Pension formula. If this formula was working satisfactorily for more than 26 years after the country's Independence what was the harm in continuing this formula?
4. While the demand for OROP stands almost met in the case of PBOR, the officers’ category remains much behind the target. Keeping in view the fact that Officers constitute a small proportion of the entire defence force and only a small proportion of the funds needed, i.e., 235 crores out of 1300 crores stand allocated to their share for implementing the demand in the officers’ category, the Committee strongly recommends that this may be implemented so as to keep up the morale of the service. The fact that there are large numbers of vacancies in the defence services at the officer’s level corroborates the requirement of suitable corrections in the officer’s category and make their service conditions more acceptable and attractive.
5. The Committee felt that the decision of the Government to bring defence personnel on the pattern of the civilians with regard to their pay,pension, etc. (from Third Central Pay Commission onwards) was not a considered decision which caused hardship to the defence personnel and given birth to their demand for OROP. Before the Third Central Pay Commission, the defence personnel were getting their pay / pension on the basis of a separate criterion unconnected with the criteria devised for the civilian work force. That criterion acknowledged and covered the concept of OROP which has been given up after the Third Central Pay Commission.
6. The Committee strongly recommended that Government should implement OROP in the defence forces across the board at the earliest and further that for future, the pay, allowances, pension, family pension, etc. in respect of the defence personnel should be determined by a separate commission so that their peculiar terms and conditions of service, the nature of duties they are required to perform, etc., which are quite different from the civilian work force, are duly taken into account while taking decision on the same. *****
These Personnel have brought honour to the Paramilitary Force organizations. The members of ‘PARAMILITARY OFFICERS RETIRED OFFICERS ASSOCIATION, CHANDIGARH’ extends heartiest greeting to all the recipients of the Medals and wish them and their families best of success and prosperity in life.
Items relating to pensioners discussed on 5 jan,2012
Items relating to pensioners discussed in the NAC Meeting on 5-1-2012:
A feedback from AIRF:
Item No.15, 16 & 17: Parity in pension The case is sub-judice and court decision is being examined. Item
No.18: Anomaly in pension to those retiring within first 9 months of 2006 not fully rectified Settled
Item No.19: Revision of pension of those who retired during the period 1.1.2006 to 1.9.2008 Settled
Item No.20: Daily Allowance on tour The matter will be discussed next time.
Item No.21: 50% of revised pay band + grade pay not correctly determined Covered with items No.15, 16 and 17.
Item No.22: Revision of pension of those who are receiving two pensions Settled
Item No.24, 25 & 26: Commutation of pension Not Agreed.
Er. HARCHANDAN SINGH Secretary General Coordination Committee of Central Govt Pensioners’ Associations (CCCGPA) Secretary General Railway Senior Citizens Welfare Society (RSCWS)
General Secretary Indian Rlys. Technical Supervisors Association (IRTSA)
32 Phase 6, Mohali (Chandigarh) – 160056
Ph: 0172 2228306, M: 09316131598, M: 09569631598
Disbursement of Pension by Banks
FAQ (Frequently Asked Questions) Reg.: Scheme for Payment of Pension to Government Pensioners by Authorised Banks
Reserve Bank of India (the Bank) monitors disbursement of pension by its agency banks in respect of all Central Government Departments (except the Department of Post) and certain State Governments. It has been receiving several queries/ complaints from pensioners in regard to fixation, calculation and payment of pension including revision of pension/ Dearness Relief from time to time, transfer of pension account from one bank branch to another, etc. We have analysed the queries/ complaints, rights and duties of pensioners and put the same in the form of answers to these Frequently Asked Questions. It is hoped that these will cover most of the queries/ doubts in the minds of pensioners. 1. Can the pensioner draw his/ her pension through a bank branch?
Yes. Even the Government employees earlier drawing their pension from a treasury or from a post office have the option to draw their pension from the authorized bank’s branches. 2. Who is the pension sanctioning authority?
The Ministry/ Department /Office where the Government servant last served is the pension sanctioning authority. The pension fixation is made by such authority for the first time and thereafter the refixation of pay, if any, is done by the pension paying bank based on the instructions from the concerned Central/ State Government authority. 3. Is it necessary for the pensioner to open a separate pension account for the purpose of crediting his/ her pension in authorized bank?
The pensioner is not required to open a separate pension account. The pension can be credited to his/her existing savings/ current account maintained with the branch selected by the pensioner. 4. Can a pensioner open a Joint Account with his/ her spouse?
Yes. All pensioners of the Central Government Pensioners and those State Governments which have accepted such arrangement can open Joint Account with their spouses. 5. Whether Joint Account of the pensioner with spouse can be operated either by ”Former or Survivor" or "Either or Survivor".
The Joint Account of the pensioner with spouse can be operated either as ‘‘Former or Survivor" or “Either or Survivor". 6. What is the minimum balance required to be maintained in the pension account maintained with the banks?
RBI has not stipulated any minimum balance to be maintained in pension accounts by the pensioners. Individual banks have framed their own rules in this regard. However, some banks have also permitted zero balance in the pensioners’ accounts. 7. Who sends the Pension Payment Orders (PPOs) to the authorized bank branch?
The concerned pension paying authorities in the Ministries /Departments/ State Governments forward the PPOs to the bank branches wherefrom the pensioner desires to draw his/her pension. 8. When is the pension credited to the pensioner’s account by the paying branch?
The disbursement of pension by the paying branch is spread over the last four working days of the month depending on the convenience of the pension paying branch except for the month of March when the pension is credited on or after the first working day of April. 9. Can a pensioner transfer his/ her pension account from one branch to another branch of the same bank or to the branch of another bank?
(a) Pensioner can transfer his/ her pension account from one branch to another branch of the same bank within the same centre or at a different centre;
(b) He/ She can transfer his/ her account from one authorized bank to another within the same centre (such transfers to be allowed only once in a year);
(c) He/ She can also transfer his/ her account from one authorized bank to another authorized bank at a different centre. 10. What is the procedure for payment of pension in the case of the transfer of PPO to another branch or bank, as the case may be?
Pension will be paid for three months on the basis of the photocopy of the pensioner’s PPO at the transferee (new) branch from the date of the last payment made at the transferor (old) branch. Both the branches (old and new) are required to ensure that all the required documents are received by the transferee branch within these three months. 11. Is it necessary for the pensioner to be present at the branch of the bank along with documents for the purpose of identification before commencement of pension?
Yes. Before the commencement of pension, a pensioner has to be present at the paying branch for the purpose of identification. The paying branch shall obtain the specimen signatures or the thumb/toe impression from the pensioner. 12. What is the procedure to be followed by the bank branch if the pensioner is handicapped /incapacitated and is not in a position to be present at the paying branch?
If the pensioner is physically handicapped/incapacitated and unable to be present at the branch, the requirement of personal appearance is waived. In such cases, the bank official visits the pensioner’s residence/hospital for the purpose of identification and obtaining specimen signature or thumb/toe impression. 13. Has the pensioner got right to retain half portion of the PPO for record and to get it updated from paying branch whenever there is a change in the quantum of pension due to revision in basic pension, dearness relief, etc.?
Yes. The pensioner has right to retain half portion of the PPO for record and whenever there is a revision in the basic pension/Dearness Relief (DR), etc. the paying branch has to call for the pensioner’s half of the PPO and record thereon the changes according to government orders/notifications and return the same to the pensioner. 14. Whether the paying branch has to maintain a detailed record of pension payments made by it in the prescribed form?
Yes. The pension paying branch is required to maintain a detailed record of pension payments made by it from time to time in the prescribed form duly authenticated by the authorized officer. 15. Can the pension paying bank recover the excess amount credited to the pensioner’s account?
Yes. The paying branch before commencement of pension obtains an undertaking from the pensioner in the prescribed form for this purpose and, therefore, can recover the excess payment made to the pensioner’s account due to delay in receipt of any material information or due to any bonafide error. The bank also has the right to recover the excess amount of pension credited to the deceased pensioner’s account from his/her legal heirs/nominees.
16. Is it compulsory for a pensioner to furnish a Life Certificate/Non-Employment Certificate or Employment Certificate to the bank in the month of November?
Yes. The pensioner is required to furnish a Life Certificate/Non – Employment Certificate or Employment Certificate to the bank in the month of November. However, in case a pensioner is unable to obtain a Life Certificate from an authorized bank officer on account of serious illness / incapacitation, bank official will visit his/her residence/ hospital for the purpose of recording the life certificate. 17. Can a pensioner be allowed to operate his/ her account by the holder of Power of Attorney?
The account is not allowed to be operated by a holder of Power of Attorney. However, the cheque book facility and acceptance of standing instructions for transfer of funds from the account is permissible. 18. Who is responsible for deduction of Income Tax at source from pension payment?
The pension paying bank is responsible for deduction of Income Tax from pension amount in accordance with the rates prescribed by the Income Tax authorities from time to time. While deducting such tax from the pension amount, the paying bank will also allow deductions on account of relief to the pensioner available under the Income Tax Act. The paying branch, in April each year, will also issue to the pensioner a certificate of tax deduction as per the prescribed form. If the pensioner is not liable to pay Income Tax, he should furnish to the pension paying branch, a declaration to that effect in the prescribed form (15 H). 19. Can old, sick physically handicapped pensioner who is unable to sign, open pension account or withdraw his/ her pension from the pension account?
A pensioner, who is old, sick or lost both his/her hands and, therefore, cannot sign, can put any mark or thumb/ toe impression on the form for opening of pension account. While withdrawing the pension amount he/she can put thumb/toe impression on the cheque/withdrawal form and it should be identified by two independent witnesses known to the bank one of whom should be a bank official. 20. Can a pensioner withdraw pension from his/ her account when he/she is not able to sign or put thumb/toe impression or unable to be present in the bank?
In such cases, a pensioner can put any mark or impression on the cheque/ withdrawal form and may indicate to the bank as to who would withdraw pension amount from the bank on the basis of cheque/withdrawal form. Such a person should be identified by two independent witnesses. The person who is actually drawing the money from the bank should be asked to furnish his/her specimen signature to the bank. 21. When does the family pension commence?
The family pension commences after the death of the pensioner. The family pension is payable to the person indicated in the PPO on receipt of a death certificate and application from the nominee. 22. How the payment of Dearness Relief at revised rate is to be paid to thepensioners?
Whenever any additional relief on pension/family pension is sanctioned by the Government, the same is intimated to the agency banks for issuing suitable instructions to their pension paying branches for payment of relief at the revised rates to the pensioners without any delay. The orders issued by Government Departments are also hosted on their websites and banks have been advised to watch the latest instructions on the website and act accordingly without waiting for any further orders from RBI in this regard.
23. Can pensioners get pension slips?
Yes. As decided by the Central Government (Civil, Defence & Railways), pension paying banks have been advised to issue pension slips to the pensioners in prescribed form when the pension is paid for the first time and thereafter whenever there is a change in quantum of pension due to revision in basic pension or revision in Dearness Relief. 24. Which authority the pensioner should approach for redressal of his/ her grievances?
A pensioner can initially approach the concerned Branch Manager and, thereafter, the Head Office of the concerned bank for redressal of his/her complaint. They can also approach the Banking Ombudsman of the concerned State in terms of Banking Ombudsman Scheme 2006 of the Reserve Bank of India (details available at the Bank’s website www.rbi.org.in) This is applicable only in respect of complaints relating to services rendered by banks. For other issues the complainant will have to approach the respective pension paying authority. 25. Where can a pensioner get information about the changes in the pension/ Dearness Relief or any pension related issue?
The pensioner can visit the Official Website of the concerned Government Department as also Reserve Bank of India Website (www.rbi.org.in) to get theinformation about pension related issues. 26. Whether a pensioner is entitled for any compensation from the agency banks for delayed credit of pension/ arrears of pension?
Yes. A Pensioner is entitled for compensation for delayed credit of pension/arrears thereof at the rate of Bank Rate + 2 % and the same would be credited to the pensioner’s account automatically by the bank on the same day when the bank affords delayed credit of such pension / arrears etc without any claim from the pensioner
Railway Reservation over mobile
Press Information Bureau (Government of India) Ministry of Railways 03-January-2012
Book Your Train Reservation Ticket While on Move through Mobile Phone No Need to Carry Ticket Print-Out, Mere Display of Message on Mobile is Sufficient during Travel
To bring further convenience to the rail users, Indian Railways through Indian Railway Catering & Tourism Corporation (IRCTC), a Public Sector Undertaking under the Ministry of Railway, has been offering the service of booking e-ticket over the mobile phone. After initial registration and downloading of suitable software on the mobile handset with internet facility, it will be quite easy the mobile users to book a reserve ticket through their own mobile. After booking, the passenger will receive a reservation message with full details of the ticket including PNR, Train No, date of journey, class etc. This virtual message would be treated at par with the print-out of the e-ticket which at present is taken out by the passengers and is known as Electronic Reservation Slip (ERS). Hence, with the virtual message, passengers would not be required to take a print-out of e-ticket to be carried with them. Showing the reservation message of the confirmed ticket on their mobile during travel will be sufficient. The detail procedure of booking through mobile which is also available on the IRCTC website namely www.irctc.co.in is as follows:- Indian Railway Catering & Tourism Corporation (IRCTC) offers the service of booking electronic ticket (e-ticket) over the mobile to rail users. IRCTC’s Mobile Rail Ticket booking services are based on the web services model developed by IRCTC in order to enable the users of Mobile Phones to access the web based rail ticket reservation and enquiry services similar to www.irctc.co.in. Application software has to be downloaded on to the mobile handset. This software is provided by the respective service provider firms’ viz., NGPAY, PAYMATE and ATOM. The application can be downloaded from IRCTC website and also from various associates of IRCTC viz. NGPAY, ATOM, Palmate. IRCTC is also likely to launch its mobile application shortly and the software will be downloadable from www.irctc.co.in. These mobile applications are functional on most of the GPRS/Browser based mobile phones, from basic model to high end ones. Internet is required on mobile phones to book tickets through mobile. The Passenger has to register at the time of first transaction and thereafter book the ticket using his ID and password. http://pib.nic.in/newsite/PrintRelease.aspx 04-01-2012 Whenever a passenger books a reserved ticket through Mobile phone, he will receive a message with full details of the ticket including PNR, Train No., date of journey, class, etc. This virtual message would be treated at par with the print-out of the e-ticket which at present is taken out by the passengers and is known as Electronic Reservation Slip (ERS). Hence, with this virtual message, passengers would not be required to have a printer with them to take a print-out of e-ticket to be carried with them. The customer is charged ticket fare, IRCTC service charge and Agent service charge (Rs.10/- & Rs.20/- as per class of tickets) and applicable payment gateway charges. The Service Charge is similar to e-tickets Rs.10/- for SL class and Rs.20/- for other higher class. All the rules applicable to e-tickets are also applicable to the reserved tickets booked through Mobile phones except that in this case, the passenger can also show the virtual message received on mobile instead of carrying ERS. More than a thousand users presently are availing this facility every day.
Postponement of Pensioners Day Celebration 17 Dec,2011
It may kindly be noted that Pensioners Day Function scheduled to be held on 17 Dec,2011(Saturday) at Govt Museum & Arts Gallery Auditorium in Sector 10, Chandigarh has been postponed due to Chandigarh M C elections being held on the same day.
Fresh date will be intimated soon.
Kindly inform all your association members and contacts
Exemption of VAT on Canteen items
Tax Exemption on Canteen Sales
The Central Para-Military Forces (CPMF) have sought VAT exemption on canteen sales. Chairman, Welfare And Rehabilitation Board (WARB) has written to the Chief Ministers of all the States and to the Union Territories for seeking exemption of Value Added Tax (VAT) to Central Police Canteen (CPC).
Hon’ble Minister of State for Home Affairs and Home Secretary have also written to all the State Governments and Union Territory Administrations vide letter dated 30/09/2011 and 02/06/2008 for exemption of Value Added Tax (VAT) to Central Police Canteen (CPC). Till date, 12 States/UTs viz. Bihar, Chhattisgarh, Uttarakhand, Manipur, Meghalaya, Haryana, Rajasthan, Jharkhand, Tamilnadu, Orissa, Kerala & Chandigarh have agreed for exemption of VAT on sales of Central Police Canteens.
This was stated by Shri Jitendra Singh, Minister of State of Home Affairs in written reply in the Lok Sabha today.
No commercial calls, unwanted SMS from today
Posted: 27 Sep 2011 05:43 AM PDT TRAI clears confusion over SMS limit, exempts certain services Regulator TRAI has exempted various service providers, including the dealers of telecom operators, e-ticketing agencies and social networking sites, from the new limit of one hundred SMSes per day per SIM, which was imposed to block pesky calls and messages.
On 5th September, after much delay, Trai had come out with recommendations to stop pesky calls and text messages from 27th September, ordering that no access provider (operators) shall permit the transmission of more than 100 SMSes per day per SIM.
"Hereby directs all access providers to exclude the following persons from the limit of one hundred SMS per day per SIM -- dealers of the telecom service providers and DTH operators for sending request for electronic recharge on mobile numbers," Trai said in a statement on Tuesday.
The directive from the regulator had come in the wake of concerns raised by telecom lobby COAI on limiting the SMS entitlement per SIM to 100 per day. It will also exempt e-ticketing agencies for responding to e-ticketing request made by its customers, SMSes from social networking sites Facebook, Twitter, Orkut, LinkedIn and GooglePlus to their members in connection to activities relating to their accounts, based on verifiable options; and agencies providing directory services, such as Justdial, Zatse, Callezee, Getit and Askme, Trai added.
Earlier, COAI had asked Trai to reconsider its recommendation to limit the number of SMSes per sim to 100 per day, saying that such a regulation may pose a potential challenge to the "fundamental rights" of an ordinary users.
There are several instances where SMSes are an important mode of communication.
There could be a situation where a customer has exhausted the limit and suddenly some emergency occurs, COAI had said.
Further, this limit will not also be applicable on "blackout days" (festive occasions), when the customer is free to send as many messages he wants.
In the case of post-paid telephone numbers, the access provider shall not permit more than 3,000 SMSes per SIM per month, the Trai recommendations had said.
However, Trai said, "The access provider shall, before excluding the persons, obtain an undertaking from such person that he shall not use the said facility in any manner for sending commercial communications." Subscribers have the option of choosing to be under the 'Fully Blocked' category, which is akin to the 'Do Not Call Registry'. If a user selects the 'Partially Blocked' category, he/she will receive SMSes in categories chosen. For registering under the fully blocked list, a customer has to SMS 'START 0' to 1909.
Source : DDI News
[http://www.ddinews.gov.in/Homepage/Homepage+-+Headlines/CEO+Forum+announces+initiatives+to+enhance+India+US+ties.htm ] more news…
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Facilities for senior citizens at computerized Passenger Reservation System(PRS) centers
Posted: 27 Sep 2011 05:31 AM PDT GOVERNMENT OF INDIA (Bharat Sarkar) MINISTRY OF RAILWAYS (Rail Mantralya) (RAILWAY BOARD)
No. 2O11/TG-I/20/P/Senior Citizens
New Delhi, dated 15.09.2011
The Chief Commercial Managers,
All Zonal Railways.
(Commercial Circular No.47 of 2011)
Sub: Facilities for senior citizens at computerized Passenger Reservation System(PRS) centers.
A reference has been received from Standing Committee of Voluntary Agencies(SCOVA) wherein it has been inter-alla pointed out that at the reservation counter(s) earmarked for senior citizens at Passenger Reservation System (PRS) centers in metros/big cities, there are long queues and senior citizens have to stand for hours in the queue. As such token system should be introduced at such Counters.
2. In this connection please refer to this office letter No.2001/TG.I/20/P/Troken System dated 21.08.2002 regarding introduction of computerised token system at PRS Centers. It is understood that at present this system is operational at some PRScenters viz. Mumbai CSTM, Thane, Hyderabad etc.
3. The request of SCOVA has been examined and it is desired that wherever, at computerised PRS centers, counters have been earmarked for senior citizens/handicapped persons, zonal Railways should consider provision of sitting arrangements near to that special counter subject to availability of space. It may, however, be ensured that such arrangements should not obstruct the free movement of passengers in the PRS center.
3.1 Necessary action may be taken accordingly and list of such PRS centers may be sent to this office for information. List of PRS centers where computerised / normal token system is in vogue may also be advised.
Dy. Director Traffic Commercial (G)-II
Confirmation in Government Service – Service Matters
Posted: 27 Sep 2011 02:26 AM PDT Confirmation in Government Service – Service Matters
Consequent on issue of Govt. orders, with effect from 1/4/88 confirmation will be made only once in the service in the entry grade, Confirmation de-linked from the availability of permanent vacancies in the grade. Therefore, an officer who has successfully completed the probation period may be considered for promotion
The Departmental Promotion committee will determine fitness for confirmation, and the confirmation orders issued based on DPC recommendations when the case is cleared from all angles.
When recruitment rules do not provide any probation period to the post to which the officer has been promoted (based on the confirmation in the entry grade after following DPC procedure), the officer thus promoted to the grade will enjoy all the benefits that are available to the officer confirmed in that post.
When probation period is prescribed for the higher post, the appointing authority should assess the performance of the officer and declare him fit to cross the probation period or otherwise revert to lower post if his performance is not satisfactory. Rigorous screening of performance is necessary as confirmation is done only in the entry grade.
As a result of introduction of one time confirmation as the entry grade, lien to hold substantive post has undergo change.
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Discrimination against Gallantry Awardee of Paramilitary Forces
PARAMILITARY FORCE RETIRED OFFICERS’ ASSOCIATION (REGD.) CHANDIGARH (3089 of 2000)
To, Sardar Parkash Singh Badal, Hon’ble Chief Minister of Punjab, Chandigarh.
Sub: Discrimination against Gallantry Awardees of Paramilitary Force Personnel
Punjab has always been known to honour the gallant soldiers without any discrimination. In consonance with this tradition, the Govt of Punjab has been extending monetary grants, annuities and other concession to the awardees of Gallantry Medals. ( Govt of Punjab, Dept of Defence Services Welfare O M No 2/53/2004-IDW/1134-38 dated 02-05-2005 refers). Under this Notification, the Gallantry Awardees have been granted monthly Annuity and other concessions as per the Gallantry Awards conferred on the Defence Services Personnel. The list ,however, is restricted to the Awards of Defence Services series only like PVC,A C, MVC etc and the awardees of Police Gallantry Medals have been ignored.
2 The various types of awards conferred on Indian Citizens, have been notified in the Govt of India Gazette Notification ( President’s Secretariat ) No 104-Pres/95 dated 11 Nov,1998 in th ‘ order of precedence’. A perusal of this notification indicates that in addition to defence gallantry awards, PVC, A C, and MVC etc the Presidents Police Medal for Gallantry and Police medal for Gallantry also find mention. It is seen that in the order of Precedence, the ‘Presidents Police Medal for Gallantry’ is rated above ‘Yudh Sena Medal’ and ‘Sena/Nao Sena/Vayu Sena Medals’, and ‘Police Medal for Gallantry’ is below these gallantry medals, but above ‘Mention in Despatches’.
3Most of the recipients of Police series of Gallantry medals belong to Paramilitary Forces (BSF, CRPF, ITBP and other CPOs). These gallant personnel had earned these medals at great risk to their life with some attaining martyrdom also in fighting not only
against some local criminal elements, but had also faced the enemy bullets in Indo-Pak Wars, Chinese Intrusions, and had been actively involved in dealing with insurgents / terrorists in Punjab, Kashmir and North-east. Their actions are in no way inferior to the Defence Services Personnel. 4 Considering the valour shown by the gallantry awardees of Police series of Medals, the Central Govt has extended monetary allowances to the recipients of Presidents Police Medal for Gallantry and Police Medal for Gallantry. The Chart at Annexure ‘A’ indicates the list of Gallantry Awards in the order of Precedence showing the Monetary Allowances by the Central Govt and the matching allowances and other concessions extended by the Govt of Punjab. A comparison indicates that, where-as Central Govt has extended monetary grants to all awardees of gallantry medals irrespective of their affiliation with various Security Forces, the Govt of Punjab has restricted these only to Defence Service Personnel. The discrimination shown towards the recipients of these Police Gallantry Medals seems highly implausible on the part of a state which takes pride in the valour shown by its sons of the soil. This discrimination affects the morale of the Punjab inhabitants adversely who feel that in their own state they are considered as second rate citizens and their achievements are out rightly ignored. This, not only amounts to humiliation, but leads to frustration.
5 The affected awardees of Police medals for Gallantry had raised this point earlier also, but no action was taken, on the grounds that the local Sainik Boards do not recognize these gallantry awards, through which the Punjab Govt is disbursing the various annuity and concessions. The Paramilitary Forces come under the jurisdiction of Ministry of Home Affairs and not Ministry of Defence and hence these gallantry awardees are not covered by the Sainik Boards. None-the-less,this contention does not hold good to deny them the recognition which they deserve as Punjabis.
6 It is therefore reiterated that case for suitable matching ‘ Monthly Annuity’ and other concessions may be considered for Gallantry Awardees of Paramilitary Force Personnel, serving, retired, and the widows of the deceased on similar lines as are being extended to Defence Services personnel. The disbursement of the annuity may be considered through the nearest Paramilitary Establishments located in Punjab / Chandigarh or any other channel/Dept.
(P S BEDI) DIG (Retd) BSF CHAIRMAN Encl: Annexure A
ANNEXURE- A DETAILS OF GALLANTRY AWARDS & ALLOWANCES
Order of Precedence as per Govt of India Notification
Monetary Allowance by Central Govt (Min. of Defence No 7(119)/2008-D (AG) dated 30-03-2011)
Allowance/ Annuity by Punjab Govt (Dept of Defence Services Welfare No 2/53/2004-IDW/1134-38 dated 02-05-2005)
Allowances by Govt of Punjab for spouse of deceased awardee
Param Vir Chakra
Widow will get Rs 7,500/-
Widow will get 50% of the allowance
Maha Vir Chakra
Widow will get Rs 5,700/-
Widow will get 50% of the allowance
Widow will get Rs 3,750/-
Widow will get 50% of the allowance
Presidents Police Medal for Gallantry
Rs 1,500/- (MHA,No 1026/4/8-PMA dated 8-9-2008)
Sena Medal/Nao SenaMedal/Vayu Sena Medal
Widow will get 50% of the allowance
Police Medal for Gallantry
Rs 900/- (MHA,No 1026/4/8-PMA dated 8-9-2008)
Widow will get 50% of the allowance
The Chart above indicates that the Gallantry Awardees of Paramilitary Forces are discriminated by the Govt of Punjab
Draft for Discussion with EC
TO HELP EC FOR IMPARTIAL LECTIONS.
1. Non Political NGOs are the eyes & ears of the Govt. without any financial burden to the State. Members of our NGO consist of Military (Army, Navy & Air Force) & Para Military Forces (BSF, CRP, ITBT etc), who gave their youth to the Nation & are still in the contributory mode for participative democracy.
2. Like Veteran Anna Hazare, we feel God saved us during various Wars & Insurgency Operations – to continue to contribute for the good of our Nation & stand-up against any collective injustice/wrong.
3. Our aim is to help EC, within the Act & Rules read in conjunction with Supreme Court Rulings, to foster National Integration & Equality, enshrined in the Mission of EC; by incorporate Micro Level changes.
4. Undoubtedly, EC is pride of our Nation, who on their own took help of eminent Police Officer for planning West Bengal Elections recently, which shows there is a scope for improvement.
Right to Vote.
5. All Indians including Military & Para-Military Forces have equal RIGHT to vote as ‘ordinarily residents’ which is not curtailed in any manner. On the contrary Forces under the ‘Service Qualification’ are entitled to vote through ‘Postal Ballot’ when posted abroad by Govt. which has now been extended to NRIs also.
6. However, only those listed in the electoral rolls are permitted to vote – Section 62 of RP Act 1951 & it is the responsibility of EC to prepare rolls impartially. Hence preparation of electoral rolls is most essential for Fair Elections. Free elections are not possible without the help of Para-Military Forces hence any discrimination against Forces is unethical.
Conditions for Registration in the Electoral Rolls.
7. Two conditions are listed for registration under Section 19 of RP Act 1950 i.e. above 18 years of age & ‘Ordinarily Resident’. Both these conditions are fully met, yet no house-to-house enumeration is ever conducted for the Forces since 1950 is a discriminatory manner, when head count of Soldiers takes place every day.
Meaning of Ordinarily Resident & Service Qualification.
8. Section 20 of RP Act 1950 underwent many motivated changes & the interest of the Soldiers was neither protected by MoD or EC.
9. ‘Service Qualification’ from 1950 to 1966 was applicable to only those Service Personnel posted abroad prior to Amendment Act 47/66 (proposed by EC - 14.12.1966) when certain words, during any period for persons posted abroad, were omitted from this Section, which is the main cause of confusion, possibly intentionally created.
10. All other Forces personnel (including their family members) posted anywhere in India, had equal right to be registered in the electoral rolls, at their place of posting as ‘ordinarily residents’ since they were placed there under the orders of the Govt. unfortunately no ERO is nominated for such areas hence no one can be held accountable for breach of preparation of rolls other than EC.
11. 62 x Cantonment Executive Officers of MoD were appointed as EROs since Civilians are permitted to reside in such Cantonments who continue to be illegally directed not to register Armed Forces & their family members as ‘ordinarily residents’ during summary / intensive revision of rolls under Chapter X of Hand Book for EROs - 2008.
12. Regimental Record Officers were rightly nominated as EROs for those posted abroad for Postal Ballot only. However, corrupt practice took birth & Regimental Record Officers started registering those posted in India for Postal Ballot also.
13. This corrupt practice was exploited by Home Ministry, who under Amendment Act 33/64 proposed Postal Ballot for State Armed Police when deployed in other than Home State, under the wrong premise that it is permitted to Armed Forces, whereas Special Army Order 8/S/65 authorizing Postal Ballot for those posted in India & deleing words when posted abroad were omitted under Amendment Act 47/66.
14. Law & Order is a State Subject, was ignored by Home Ministry that such Forces are deemed to be performing duty for State Govt. to maintain Law & Order hence, registration law as applicable to State Armed Police is applicable to all such Forces – registration at their place of posting.
15, Kind curtsy Political Leaders; the burden of proof of residence has been shifted from the individual to the Govt., which helps anti-social elements illegal occupants of Govt. land registered, but not Armed & Para-Military Forces, who are legal occupants of Govt. land & are under oath of allegiance, to the Constitution of India
16. Consequently, all Armed Forces personnel posted in India were wrongly registered for Postal Ballot under ‘Service Qualification’ from 1950 Amendment Act 47/66 was issued deleting the word when posted abroad.
AIR 1971 Supreme Court 2125.
17. Quote ‘THE STATUTORY FICTION (Amendment Act 33/64 & 47/66) IS INTENDED TO CONFER THE RIGHT TO BE REGISTERED AS ELECTORS AT THEIR HOME TOWN OR VILLAGE BUT THE FICTION CANNOT TAKE AWAY THE RIGHT OF PERSONS POSSESSING ‘SERVICE QUALIFICATION’ TO GET THEMSELVES REGISTERED, AT A CONSTITUTENCY, IN WHICH THEY ARE ORDINARILY RESIDING, THOUGH SUCH PLACE, HAPPENS TO BE THEIR PLACE OF SERVICE’ unquote. The implied meaning is, only those posted abroad are entitled to Postal Ballot under Section 20 (8) (d) since they are not ‘ordinarily resident’ of any Indian Constituency.
18. Keeping in mind the unjustified amendments which stand overruled under AIR 1971 SC 2125; there is no scope of any option of Postal Ballot for those posted in India since they are ordinarily resident of one or the other Indian electoral Constituency.
WHAT AMOUNTS TO INDULGING IN POLITICS.
19. Any Public Servant however high he may be; ‘bending Law to suit the convenience of Political Leaders, amounts to ‘indulging in politics’. Directly / indirectly promoting ‘Postal Ballot’ for those posted in India, surely helps Political Leaders which resulted in collective neglect of Forces, after unjustified Amendment Acts 33/64 & 47/66 including Special Army Order 8/S/65 & 16/S/72 were introduced.
20. A pertinent Question arises: does exercising of Individual Constitutional Right, to Vote by Armed & Para-Military Forces, as ‘ordinarily residents’ at their place of posting in India, amounts to indulging in Politics? No not at all.
21. EC & MoD are possibly victim of wrong premise that voting at the place of posting amounts to indulging in Politics & not the Postal Ballot; consequently no house-to-house enumeration is ever conducted for restricted areas of Armed Forces amounting to discrimination, when head count of Soldiers takes place every day.
22. Instead of MoD asking for EROs to be nominated for Military areas consequent to AIR 1971 SC 2125; Special Army Order 16/S/72 was issued that Armed Forces are entitled to vote through the Postal Ballot only by overreaching AIR 1971 SC 2125, amounts to indulging in Politics.
23. Any Public Servant/Military Leaders exerting direct or indirect influencing over innocent Soldiers posted in India, to get registered in the last part of the electoral rolls ‘Postal Ballot’ is deemed to be indulging in Politics- Section 123 (2) of RP Act 1951. Secy. EC under letter of 28.12.2008, directed all CEOs of States to increase numbers in the last part of the electoral rolls (Postal Ballot), amounts to indulging in Politics. Surprisingly, no CEO objected to this illegal direction of Secy. EC.
AIR 1984 Supreme Court 921.
24. The Supreme Court ruled that the Constitution of India Art. 324 – Election Commission – Powers of – Extent – Conduct of elections – Commission cannot override provisions of Act / Rules. Powers of the EC are meant for supplement rather than supplant the law (both statue & Rules) in matters of superintendence & control as provided by Art. 324. Impartial preparation of electoral rolls is the responsibility of EC & there is a Court Bar on it, under Section 32 (3) of RP Act 1950, no notice can be taken by the Court unless recommended by EC, which is exploited by EC. If EROs are not nominated for restricted areas of the Forces for the last 61 years, despite requested by our NGO on 26 Jul 2006; it cannot be said EC is an impartial organization.
25. EC has no powers to impose any conditions outside the RP Act / Rules for registration. Hence all conditions listed by EC for registration in their letter dated 20 Mar 1995 & 28.12.2008, are without any legal authority, amounting to overriding AIR 1984 SC 921.
26. Chapter X of Handbook for EROs states ‘Service Voter is voter with Service Qualification’, is misleading amounting to overriding AIR 1971 SC 2125 & AIR 1984 SC 921. It merits to be rewritten to state that ‘Service Voter is a voter with Service Qualification who has a Right to be Registered at a Constituency, in which he is ‘ordinarily resident’ though such place happens to be his place of service – authority AIR 1971 SC 2125.
27. Our NGO brought to the notice of full EC on 26 Jul 2006 at Chandigarh that only those Armed Forces personnel posted abroad enjoy the benefit of ‘Service Qualification’ Section 20 (8) (d) since they are not part of any Indian Constituency. They demit ‘Service Qualification’ under Rule 7 (3) of Registration of Electors Rules -1960 when posted back to India & are eligible for registration, at new duty station, under AIR 1971 SC 2125, under Section 19 (b) of RP Act 1950, for which nomination of EROs was requested. Instead, Nodal Officers have been appointed without any powers to conduct house-to-house enumeration, which serve no purpose for the Forces amounts to indulging in Politics to deny equal facility for registration at the place of posting.
28. Under Armed Forces Special Powers Act; AFs are permitted to capture or kill Armed Separatist, therefore, AFs have a democratic duty to defeat such anti-social elements during elections. Ballot is certainly a better option than the Bullet, to defeat democratically. Illegally denying registration amounts to indulging in Politics
Parliamentary Standing Committee on Grievances
Desired Evolving of Foolproof Registration.
29. The Standing Committee under letter No RS7/1/2006-P&L dated 5 Dec 2006 desired the Administrative Reforms Ministry, the need for evolving full proof, efficient & practical method of registering names of Armed Forces & their family members in the electoral rolls at their place of posting, is yet to see the light of the day.
30. The EC under letter No 24/2005PLN-11/819 dated 30.11.2006 desired the MoD to streamline the process of enumeration. The MoD for some mysterious reasons recommended nomination of Election Nodal Officers down to Unit level, when our request was for nominating EROs having authority to prepare electoral rolls.
31. If the State Govt. ERO is delegated the authority to register Soldiers at the place of posting & the Regimental Record Officers for the Postal Ballot, for those posted in India; can it be said, it is a foolproof system of registration?
32. EC desired increasing of numbers for the Postal Ballot under letter dated 28.12.2008 & on the other hand unduly takes shelter under the excuse that if Armed Forces individuals make statement under Form No 2 (Postal Ballot), it has to be accepted.
33. EC rightly wants Regimental Record Officers to verify statement made under Form No 2 Postal Ballot since they have necessary details of all those posted abroad, whereas Form No 6 - Ordinarily Residents, at their place of posting in India is to be verified by local State Govt. EROs, who have no records of Armed Forces posted in that State. Delegation of responsibility to those who are not competent of performing that duty possibly amounts to create unnecessary hurdles.
34. Now that ‘Proxy at Election’ has been introduced, all AFs personnel, on patrolling duty on the LOC or on Ocean Duty within Indian Waters are eligible for nominating ‘proxy at elections’ but no facily exists for them, in the absence of dedicated EROs.
35. District Electoral Officer cum DC Mohali appointed District Sainik Welfare Officer as coordinator for registration of Armed & Para-Military Forces in the District. As an interim measure there is a need to appoint all District Sainik Welfare Officers as Coordinators, till gazette notification is issued nominating District Welfare Officers as ‘Add. District Electoral Officers’ & Station Staff Officers / Adjutant of Para Military Forces as ‘EROs’ for Armed & Para Military Forces under Section 13 of the RP Act 1950, for proper house-to-house to enumeration in order to remove discrimination against Forces.
Taxation without representation is Tyranny.
36. Nearly 50 Lakh AFs & Para Military Forces personnel are not brought on the electoral rolls at their place of posting for the last 62 years, where they are subjected to all local taxes. Taxation without Representation is Tyranny. Rs. 55 Crores illegally collected by Punjab Govt. is going to be refunded to HQ Western Command. Punjab Govt. would not have collected this for fear of electoral loss, if AIR 1971 SC 2125 was impartially implemented.
Govt. uses Bureaucrats to deny legitimate dues to Forces.
37. Can the possibility be ruled out, that EROs are intentionally not nominated for Armed Forces & Para-Military Forces during 1950 when Service Qualification was applicable to only those posted abroad same as after AIR 1971 SC 2125 can into existence.
38. EC directed CEOs of all States to help filling of Form No 2 (Postal Ballot) but not Form No 6 for registration at the place of posting shown possibly biased mind of EC.
39. All State Govt. employs on election duty are paid honorarium but not the Regimental Record Officers & their Staff for preparing Postal Ballots in a discriminatory manner.
40. There is urgent need to nominate District Sainik Welfare Officers as Add District Electoral Officers & Station Staff Officers as the EROs, along with appropriate staff for all Military & Para-Military Stations in India under Section 13 of RP Act 1950 in order to give effect to AIR 1971 SC 2125 that Forces have a RIGHT to be registered at their place of posting. Veterans could be re-employed for the purpose, under the control of EC.
41. Non-Political Elect-orals of Armed Forces would foster the spirit of National Integration against the culture of regionalism resulting in electing Candidates on Individual Merit - with no criminal record. This new process of election on merit has already taken birth when Ex-Chief Secretary defeated Chief Minister of West Bengal & Ex-DGP won election on Individual Merit.
42. Multi Service EC (all Central Services Army, IAS & IPS) is an immediate requirement for proper superintendence & implementation of Law of the Land neglected for the last 61 years. The need was felt by EC when help of eminent Police Officer was taken for planning elections in West Bengal. The Armed Forces Officer with EC would facilitate checking of miss use of authority by Armed Forces, if any.
Brig (Veteran) HS Ghuman, Shaurya Chakra.
President AIVCG NGO,
Affiliated to Indian Ex-Services League.
Brig. (Retd.) HS Ghuman, Shaurya Chakra
President All India Veterans Core Group, Regd.
Founder Member Georgian (north) Association