LAW RESOURCE INDIA

SC SHOCKED AT TREATMENT TO EX SOLDIERS : ORDERS ARMED FORCES GRIEVANCES REDRESSAL COMMISSION TO BE SET UP

Posted in ACCESS TO JUSTICE, FUNDAMENTAL RIGHTS, HUMAN RIGHTS, JUSTICE by NNLRJ INDIA on November 16, 2010

 

SUPREME COURT OF INDIA

SUPREME COURT OF INDIA

A bench of Justice Markandey Katju and Justice Gyan Sudha Misra  has ordered the formation of Armed Forces Grievances Redressal Commission. The Bench ordered this in the case of Pushpa Vanti vs Union of India & others in which a a widow Pushpa Vanti, whose husband was an army major who had fought in three wars (in 1948, 1962 and 1965) and was decorated with fourteen medals. However, the petitioner is getting only Rs.80/- per month as pension, in these days when a kilogram of arhar dal costs that amount. She had prayed for fixation of her correct pension and arrears.

Shocked at the apathy of the retired soldiers and their families the bench observed that there is widespread discontent among the serving and former members of the armed forces (by which we mean the Army, Navy and Air Force) and their widows and family members regarding their service conditions e.g. pay scales, allowances, anomalies regarding pensions, inadequate pension (particularly to those disabled while in service), widows benefits, promotion matters (including promotion policy and process) etc.. They have a feeling that the bureaucrats do not care for them and do not properly address their grievances. As a result, thousands of ex- armed forces personnel have returned their medals, and some have even burnt their artificial limbs.

These grievances include the grievances relating to pay, allowances, one rank one pension, other pension matters, suitable benefits to be granted to war veterans, war widows, promotion matters, rehabilitation of soldiers who are discharged at a young age, etc.

Our courts of law are flooded with cases relating to members, both serving and retired, of the armed forces e.g. cases relating to pension, promotion, etc and the obvious reason is that the armed forces personnel have a feeling that their grievances are not being properly addressed.

Our ex-soldiers have not only been demanding but are agitating to get their legitimate dues. They were compelled to resort to public protests and even return their War-medals and burn their artificial limbs, as was done by Capt.C.S. Sidhu whose right arm was amputated while serving at the front but was getting a pittance as pension (see judgment of this Court in Union of India & Anr. vs. C.S. Sidhu in Civil Appeal No.4474 of 2005 dated 31st March, 2010).This, in our opinion, is not good for the nation.

The armed forces personnel should have a feeling that their grievances are heard by an independent body. Even if some of their demands are not accepted, they will have a feeling that they were given a proper hearing.

The court while expressing its anger on the apathy of the soldiers gave a clarion call to the government by quoting  a statement made by Chanakya to the emperor Chandra Gupt Maurya :

“Pataliputra rests each night in peaceful comfort, O King, secure in the belief that the distant borders of Magadha are inviolate and the interiors are safe and secure, thanks only to the Mauryan Army standing vigil with naked swords and eyes peeled for action, day and night, in weather fair and foul, all eight praharas (i.e. round the clock), quite unmindful of personal discomfort and hardship, all through the year, year after year. To this man, O Rajadhiraja, you owe a debt: please, therefore, see to it, suo motu, that the soldier continuously gets his dues in every form and respect, be they his needs or his wants, for he is not likely to ask for them himself. The day the soldier has to demand his dues will be a sad day for Magadha; for then, on that day, you will have lost all moral sanction to be king!”

The bench directed the Central Government to set up within two months from today a Commission which shall be called the Armed Forces Grievances Redressal Commission.

This Commission will look into any grievances (sent to them in writing or by e-mail) by serving or former members of the armed forces (i.e. Army, Navy and Air Force) or their widows or family members and make suitable recommendations expeditiously to the Central Government in this connection.

The Commission will also frame and recommend to the Central Government a scheme for proper rehabilitation of discharged soldiers. At present the position is that a soldier is ordinarily recruited at the age of about 18 years, and if he does not rise above the rank of Jawan he is discharged after 15 years of service. If he is promoted, his tenure is extended on each promotion.

 

Thus, if he reaches the rank of Havildar but no further he will retire after 22 years of service, i.e. at the age of 40. Thus a soldier is retired when he is in the prime of life. During his service he spends only about 2 months per year with his family. There is no doubt a Resettlement Directorate in the Army Headquarters, but we are informed that it is not a very effective body. If a soldier is discharged between the age of 35-45 how will he support his family ? At that age he is likely to have a wife and children. Hence he should be given alternative employment so that he can support his family. The Commission will go into this matter also in detail and suggest appropriate schemes for rehabilitation of ex-armed forces personnel who are retired at a relatively young age.

The aforesaid Commission shall consist of the following members :

1.    A retired Judge of the Supreme Court of India as the Chairman of the Commission.The first Chairman shall be Hon’ble Mr. Justice Kuldip Singh, former Judge, Supreme Court.

2.    A former Chief Justice of the High Court as the Vice Chairman of the Commission. The Vice Chairman will officiate as the Chairman in absence of the Chairman. The first Vice Chairman shall be Hon’ble Mr. Justice S.S. Sodhi, retired Chief Justice of the Allahabad High Court.

3.    A retired Chief of Army staff as a Member of the Commission.

The term of the first Commission will be for two years from the date of its constitution but it will be renewable at the option of the Central Government. The subsequent Commission members (after the two year term of the first Commission has expired) shall be appointed by the Central Government.

The Bench made it clear that this Commission is different from the Armed Forces Tribunal in the following ways :

1. The Commission is only a recommendatory body and not an adjudicatory body. Hence it is open to the Central Government to accept or not to accept its recommendations, though of course since such recommendations will be coming from a high powered body the Central Government must give due weight to the same.

2. Whereas the Armed Forces Tribunal can only decide cases in accordance with the rules, the Commission can recommend even change of the rules where it feels that the same are defective or inadequate. In other words, the Commission is not confined to following the relevant rules relating to service conditions, pension, etc. but it can recommend change of the same where it feels that the same are defective or inadequate.

The Court directed all authorities in India, Civil or Military (including the Secretary, Defence, Union of India, and the Chiefs of the Army, Navy and Air Staffs) to extend all cooperation to the Commission to enable it to discharge its functions effectively.The notification constituting the Commission as provided above will be issued by the Central government forthwith.

3 Responses

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  1. vijay said, on November 17, 2010 at 14:24

    It appears that the Hon’ble Bench and all those who adore the Court are not aware of the common Economic Principle/Concept known as Time Value of Money and conversely Money Value of Time. Perhaps most of you are not taught about the same in your School days. In modern days Economy,ignoring these concepts is no less than Violation of Principles of Natural Justice and the result is the kind of mess and misery prevalent in our system. To hint you the simple solution…wherever any Act,Rules etc. and any claim/dispute etc. prescribes any money value it should be taken as that value at that time and should be compounded at 5% per Annam to arrive at present value. This simple tool may hold good in most cases.I wish all concerned start grasping this and applying the same see for yourself that it is in the best of Public Interest.

  2. Venkatesh P. Dalwai said, on November 17, 2010 at 20:36

    At last SC stepped in after so many years. Political leadership must understand growing discomfort of Army when it comes to redressing their causes. Passage quoted by SC must act as eye-opener. Already Armed forces are facing acute shortage of men due low salaries and lack of proper response from Govt. Least to expect is that our Jawan filing petition for seeking justice against Govt instead of defending our borders.

  3. K Velayudhan said, on February 28, 2011 at 14:31

    I want the Full Postal Address of the Armed Forces Grievances Redressal Commission


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