E D I T O R I A L
‘’When faced with a mountain, I will not quit !
I will keep on striving until I climb over,
Find a pass through, tunnel underneath-
Or simply stay and return the mountain
Into a Gold mine, with GOD’s help !!’’
All are well aware that how the 6th CPC as well as the Central Govt have not only ditched the much awaited aspirations and high expectorations of the ESM ORS/NCOs/JCOs but also misguided the public that much more have been done for upliftment of our ORS/NCOs/JCOs category in sanctioning of several benefits which are sans and false. Under the heavy pressure the Hon’ble Defence Minister has announced without foreseeing the further implications on the annual budget that the ‘officers will also get OROP’, now the Govt is in dilemma, after seeing the would be additional burden on exchequer, analysis shows that the 90-95% of expenditure shall goes into the pockets of officers category alone, only the mere left over will be distributed among the major chunk of 90-95% ORS/NCOs/JCOs which is just reverse matrix of expenditure and strength. The unilateral announcement should be reversible, keeping in view the better package already extended to the officer category by the Govt besides the 6th CPC leaving the ESM ORS/NCOs/JCOs category in lurch.
The original founders of OROP concept was hijacked, recently by the officers floating several ESM Orgns, due to divisive forces working within our categories for selfish motives. Taking advantage created by the splinters they are encashing the situation. In fact, one of the oldest officers Orgns, filed W.Ps (civil) vide NOs. 13550-55/1984; & 547-50/1985, dismissal judgment delivered on 29-01-1991 by the Hon’ble Supreme Court of India. The Central Govt have moral bounded responsibility besides other priority obligations to grant ‘OROP’ exclusively to ESM ORS/NCOs/JCOs category without any further delay.
The dubious nomenclature ‘Double Family Pension/Second Family Pension’, (insulting our category as if we are maintaining two families) the Central Govt should take necessary and immediate steps to remove the restrictive ‘Sub-rule (13-B) of the Rule-54 of the CCS (Pension) Rules, 1972, which reads as: “(13-B): Family Pension admissible under this rule shall not be granted to a person who is already in receipt of Family Pension or is eligible therefor under any other rules of the Central Govt or a State Govt and/or Public Sector undertaking/ autonomous body/Local Fund under the Central or a State Govt’. After submission of several representations by us, it is not enough for the Govt simply to extend the benefit after amending the sub-rule, rather legal right, to only a small segment section of re-employed ESM widows, but all the widows of re-employed ESM shall be benefited as they are entitled ‘FULL FAMILY PENSION’(full details ibid)
Likewise, we do not know when did the designations of ORS/NCOs/JCOs category converted into ‘PBORs’= ‘below officer’ what does it mean at all?. Who has done it. All of a sudden this category
surfaced without our knowledge/consent/information. It is most
insulting phonetic medal awarded to us in return of the mass prestigious Indian Defence Forces Personnel untainted services rendered to the Nation and its people. We have sent our protests to the MOD/DGR/KSWB to revert back to original epithets.
In the recent past, several ESM Orgns are floated by the higher ranked Officers and are taking membership from the ESM ORs/NCOs/JCOs category. We like to submit that there is no similarity or equality between these two groups i.e. ORs/NCOs/JCOs and Commissioned Officers of Armed Forces Personnel either while in service or in after retirement civil life except broadly or commonly called as ‘Ex-Servicemen’. One can observe that there is/was lot of inequalities/differences from the bottom shoe toes rather boot laces to top wearing caps/Hats, from bed tea=‘chai’; roti/khana= lunch/dinner; ORs/NCOs/JCOs are prohibited to use certain language/words which are common in any language; pay structure—perquisites; promotional aspects; postings/transfer cushions; conveyance allowances-traveling facilities, living/family quarters vs officers family bungalows; pension bonanzas- cash award benefits, dress code; unit/regiment raising day celebrations- Retired Artillery-Infantry-etc., and equivalent Navy and Air Force units raising day celebrations exclusively by Officers alone through high quality/standard .. etc., special medical facilities including their family members in MHs/ECHs, all separately and quite differently, how these officers floated ESM Orgns taking ORs/NCOs/JCOs as their members, reason?? Purpose??, it is not beyond anybody’s guess. Therefore, we ORs/NCOs/JCOs are requesting these Officers ESM Orgns, do not misuse them as “There is no dearth of intellectuals, experts, qualified, educated, devoted, sincere, honest, astute, in Ex-Servicemen or Serving NCOs/ORs/JCOs Community. The subordinate staff never be partners/members of the elite groups of IAS,IPS,IFS,IRS, Bank Officers etc., Orgns. Likewise the commissioned officers are belonging to such elite groups. We can represent ourselves from proper forum to any authority very effectively on any issue concerning the ESM NCOs/ORs/JCOs Community.
House tax and Professional tax exemption, the afore said ESM Officers Orgn is clarifying referring the MOD Lr.No.30(2)/2002/D that ESM were not exempted. The letter as well as the clarification are most ambiguous. Both the matters falls neither under the jurisdiction of Central List nor Concurrent List but States’ ‘List’. We at Andhra Pradesh and several State Govts extended the House Tax Exemption to the ESM. The ambiguous clarification shall be like that it was not extended to the ESM who are residing in ‘Cantonment’ areas, and we have represented to the Central Govt to extend the same to all ESM irrespective place of residence. Like wise, professional tax too.
Our Central Secretary General taking much trouble and working very hard to see that our both Orgs are intact and functioning effectively. For running any Orgn, the first and foremost requirement is funds availability, how far we spend from our own pockets. We request not only each and every State Unit but also all the individual members to co-operate in this regard. ‘Jai Hind’ HMS
E D I TO R I A L
“The one battle most people lose is
the battle over the ‘fear of failure’...
be assured you won the first round”
NO MONITORING GOVERNMENT APPOINTED AUTHORITY TO FOLLOW UP THE RESERVATIONS/PRIVILEGES PROVIDED TO THE EX-SERVICEMEN
There were several and innumerable cases, incidents, occasions where only the Ex-Servicemen ORs/NCOs/JCOs(PBORs)=Unemployed-;re-employed-pensioners-widows-dependents’ category got deprived of from their Legitimate share, Constitutional rights, Social privileges and benefits from all spheres of life like lateral induction, reservations and its implementation and compliance with in letter and spirit in the fields of (re)Employment, educational institutions, allotment of several impelling projects/schemes like petrol bunks, Specialist Doctors’ consultations/ referral to Corporate Hospitals, CSD facilities/sharing of profits, discrimination in allotment of houses/Flats by AWHO, sanction of Security Agencies,-- treating them as an ‘untouchable’, unlike the other category of similarly defined Ex-Servicemen Officers. One of the glaring example where this suppressed category was denied their due share and affected adversely is especially in the filed of Reservations in the Employment-Public or Private, Corporate level or Industry level. Many restrictive clauses imposed dividing the two Ex-Defence forces personnel vertically to the most advantage to the elite category at the cost of another.
In a recent case, the Hon’ble Supreme Court has held that General Category candidates who crack competitive Examinations but end up getting waitlisted for want of seats can’t be accommodated against posts belonging to the reserved category even if they are lying vacant.(emphasis added: in our case it is just reverse, since there is no monitoring authority)
The ruling came in a case relating to appointment of District Judges in the Delhi Judicial Services. It was alleged by aggrieved candidates that after filling up of the 13 posts notified for the general category posts which were vacancies in the reserved category posts which were not filled and hence those on the top of the merit-cum wait list be considered for the same. A Bench comprising Chief Justice KG Balakrishnan and Justices Deepak Verma and BS Chauhan rejected the petitions saying it would be patently illegal to appoint persons in excess of the notified vacancies. “Any appointment made beyond the number of
vacancies advertised is without jurisdiction, been voilative of Articles-14 & 16(1) of the Constitution, thus a nullity, inexecutable and unenforceable in law”, said Justice Chauhan writing the judgment for the apex court Bench. [Quota Prevails: Details: (i) in May’07, 20 posts for Delhi District Judges announced=13 for general category and 7 for SC/STs; (ii) All general seats were filled up, but 2 SC & 4 ST posts were vacant, (iii) Hon’ble Supreme Court says that advertised number of general posts were filled up. Waitlist to be “consigned to record room” despite SC/ST vacancies].
The merit list for general category is just for that category, the court has held in its fresh intervention in the “merit Vs. social justice” debate.
Whereas in the case of ORs/NCOs/JCOs(PBORs) Ex-Servicemen there was no such monitoring machinery(Authority) by Legislative proceedings to follow up whether the posts/seats reserved for ESM have been actually filled up with our ESM category/ dependants/wards or not, unlike the other categories like SC/ST/OBC which have Constitutional protection as well as executive empowered questioning authoritative machineries are functioning very effectively from primary level to the highest top end level. If any thing goes wrong by chance, they successfully stall even the Constitutional functions, but such Questioning Authority is totally absent in our case of ORs/NCOs/JCOs(PBORs) Ex-Servicemen.
If you observe the above judgment you feel that the posts and seats reserved in employment and educational institutions respectively; quotas reserved for allotment; assignment of Agricultural lands and house sites and industrial estates are preserved and in other avenues for the ESM category are not filled up from ESM category and the actual position not known to even the directly affected aggrieved ESM, leave the ESM organizations which were made just spectators and powerless. But the concerned authority show their magical statistical figures covered with false and fictious data information in reverse.
In case, there are any back logs, the unfilled vacancies should be carried forward and the same should be filled up from ESM category only which is in vogue in other reserved categories cited above, based on which the above judgment was delivered. In the recently held Banking recruitments all over the country in ALL Banks, the number of vacancies notified for our ORs/NCOs/JCOs(PBORs) ESM category were never filled up as per the notifications issued by each individual banks, leave to the strict implementation/compliance with the Reservation policy promulgated by the Central Govt as well as byall the State Govts. (Chief Editor) HMS
EX-SERVICEMEN RESERVATION POLICY IS SHAM
There was an astonishing unfair professional management malpractice has been taken place in selection processes. I have immediately vide our A.P.State unit 15 pages Lr. Ref No. NEXCC/AP/GS/VC/87/09 dt.20-09-2009 inter-alia about 23 other issues, brought to the notice of the Director of RSWB reminding him his duties and responsibilities as enumerated by the KSWB in this regard, for taking immediate and suitable action against the erring concerned authorities. I like to reproduce only the relevant portion of the subject matter hereunder: (extracted pages from the above quoted letter). . . . . . . . .
Guidelines from KENDRIYA SAINIL WELFARE BOARD
Responsibilities of Rajya and Zilla Sainik Boards are:
1. . . to . . .11. . . . . . . . . . . . . . . . . . . . .
12. The Departments of Sainik Welfare/Rajya Sainik Boards in the States/UTs are responsible for the following functions:
(We don’t venture to castigate that you are not aware of the following guidelines stipulated as are functional duties and Responsibilities to be complied with or discharged):
Maintain Liaison with Ministries of the State, State undertaking and enterprises and banks to seek vacancies for ESM and widows as per reservation policy of the State and as per recruitment rules. Monitor such vacancies and ensure these are filled up by ESM or widows.
**1. (Part of Our Lr.)= We seek Clarification: in the recent past many of the PSU Banks/Grameena Banks/Co-Operative Banks recruited in thousands in different vacant posts of Officers/ Clerks/ Sheriffs/ Cashiers/ Assistants etc., etc., and several malpractices have been taken place in the selection of ESM against the reserved quota. For Eg: the Vikas Grameena Bank conducted a written test for filling up Clerical/Assistances Posts and conducted written test in the month of Aug, 2009, those who have succeeded in the said written test the Bank has called for interview for selection at 1:4 Ratio. In respect of ESM, the Bank has notified 22 vacancies reserved for ESM and it has issued and called 90 qualified ESM candidates to fill up 22 reserved posts, unfortunately, do you know, how many candidates have been selected through the alleged process of oral interview which is a formal. Only 3 (three). HMS
Do you believe and endorse the selection process conducted by the said alleged management? Do you please think that all the remaining 87 ESM candidates who passed the written test and called for interview are unfit to be appointed/employment in the reserved category posts? If not or so, what action you have been taken, at least as per the above guide lines from KSWB? We request your detailed reply within a reasonable time and without necessitating us to remind you or complaint to your higher authorities. Meanwhile, we request you to kindly obtain stay and cancellation of the appointments orders issued by the management against 19 posts reserved for the ESM category vacancies but filled up with other candidates.
2. Promoting measures for the welfare and resettlement of ex-Servicemen and families of serving/deceased personnel of the Armed Forces.
3. Disseminating information to the general public regarding
***2,3,4,5,6,7,8,9:.: will you please provide with us in details referred in c.d.h.j.k.l.m.n para wise guidelines/ directions.
Maintain upto date status of ESM, disabled ESM, widows and dependents.
Organize RSB meeting under Chairmanship of Chief Minister and Amalgamated Fund meeting under chairmanship of Governor of the State.
Seek and monitor employment opportunities for ESM and widows in the private sector.
Assist ESM and widows in planning and funding of Self-employment ventures.
Organize Armed Forces Flag Day Fund collection drive throughout the year.
Enhance interest in Armed Forces amongst general public.
the Armed Forces in the country and for taking measures to
n. Create additional welfare measures for ESM and widows
13. The Zila Sainik Welfare Offices (ZSWOs)/Zila Sainik Boards(ZSBs) which are the field units of this organization are responsible for the tasks as given under:
Disseminating information to the general public regarding the
Armed Forces in the country and constantly endeavoring to promote and maintain a feeling of goodwill between civilians and service personnel and ex-Servicemen.
Monitoring the welfare of families of servicemen and ex-Servicemen and assisting them in representing their cases with the local administration or the Defence authorities.
Giving information to the general public regarding the conditions
of service in the Armed Forces and to assist intending candidates in approaching the appropriate recruiting authorities for purposes of enlistment.
Keeping a watch on the adequacy of the number of pension paying
Branch Post Offices.
Scrutinizing applications for relief from various Military and
Civil charitable funds and making suitable recommendations.
[ “The need of the day is UNITY among ESM ORs/NCOs/JCOs (PBORs)”
Granting financial relief to ex-Servicemen and their dependents from
funds at their disposal. Recommending cases of ESM and their families
for financial assistance from KSB.
*1,2,3,4,5,6:: will you please provide with us in details referred in a. to f. para wise guidelines/ directions.
14. The welfare responsibilities of Zila Sainik Welfare Offices ZSWOs) will encompass all such traditional activities which were already being performed by these offices with particular reference to the following:
Settlement of financial problems such as pension and other retirement/release benefits/dues to ex-Servicemen and grants and assistance in kind to ex-Servicemen beneficiaries and dependents from the Central/State Govts or other Organizations such as the Indian Red Cross Society etc.
b. Maintaining close liaison with the Pension Disbursing authorities/agencies in the District to ensure prompt and correct payment of pension and reliefs to ex-Servicemen pensioners or their dependents.
c. Providing assistance for settlement of land and other disputes.
d. Assist families of serving personnel staying separately during their absence away on duty.
e. Promote and maintain under the guidance of the State Rajya Sainik Boards, welfare measures in the District such as Rest House for ex-Servicemen, old age pensioners' homes, vocational and other training facilities etc. HMS
f. Mobilize assistance for medical treatment in Military/Civil hospitals.
g. Maintain liaison with other welfare organizations such as the Indian Red Cross Society, etc to enhance additional sources of welfare and concessions for ex-Servicemen and their families/dependents in the Districts.
h. Maintain an up-to-date register of war widows, dependents and those disabled in action with a view to ensure their welfare.
i. To represent DGR/KSB, Ministry of Defence (Govt of India) in Court Cases under their jurisdiction in which these organizations have been made respondent.
15. The responsibilities of the Zila Sainik Welfare Offices
(ZSWOs) with regard to resettlement of ex-Servicemen are:
a. To maintain close and effective liaison for purpose of resettlement through employment of ex-Servicemen with:
(i) Local Central/State/Private industrial Organization
(ii) to (vi) . . . . . . . .. .
(vii) We have deleted several paras from the guide lines issued by KSWB, we feel and as per our opinion, are not necessary to quote herein for our extendable services, as they may be your internal matters and we do not want to interfere with and waste your time, but in the above left over matters where the interest and welfare of ESM/Widows/ dependents are involved directly and immediate action is to be initiated, we request you to kindly provide us with the full details point-wise and issue-wise. We are doing a yeoman job in all fronts making easy task for your office, extending our selfless services towards the several helpless ESM and their families at our own cost, (we do not have any source of funds), sacrificing our precious time.
20-09-2009 M.NAGESWARA RAO
NationalVice-Chairman(NExCC)(Regd)& A.P State General Secretary
All India President (AIExBEF) (Regd) &
Chairman A.P State
the reply we received from the Director RSWB is reproduced herewith:
(will be in the next issue)
“The need of the day is UNITY among ESM ORs/NCOs/JCOs (PBORs)” HMS
CONFLICTING DEMANDS BETWEEN EX-SERVICEMEN ORs/NCOs/JCOs (PBORs) vis-a-vis COMMISSIONED OFFICERS’ ORGANIZATIONS and THEIR COMPOSITION. (M N Rao)