A Letter to PM-Short Service Commission in Violation of the Constitution of India.

Hon'ble Prime Minister  sir, 

As I understand, the Short Service Commission (SSC) in the armed forces was designed and introduced to have young and battle fit officers continuously available, in place of Emergency Commission officers from 1964 onwards and simultaneously reduce the financial burden on the govt.  Rightly the commission period of 5 years in army/air force and 7 years for navy was prescribed. The officers were either made permanent or released with gratuity on completion of this tenure. On completion of such tenure the officer was under 30 yrs age and easily got adjusted to next job and civil life.  How ever some fertile brains started working at MoD/Army/Navy/Air Force and quietly extended it to 10 years and  then further extended to 14 years period of commission, simply with intention to cheat  the youth of  this nation by taking more service without paying equally for it. To deprive the equal rights of pension and medical care, for equal service period  by saying its  Short Service Commission (SSC).  But here also Arbitrarily some Short Service Commission  officers  being  granted  retiring pension/ medical care /ECHS  after completing of 12 years service and  the  other  SSC officers  not even on completion of  14 years service. 

     

The point of  illegality and violation of the statutory regulations and the  Constitution of India starts after completion of 10 years service by an officer, when the govt. do not give equal benefits for equal service  period,  despite the minimum service prescribed  for  pensionary benefits  for  central  govt. employees  is 10 years, when  permitted to retire/retired.  I  know the brains in the ministries will  give big  explanation by adding a word and sentence here and there to justify what is being done is legal and right. My humble suggestion is that  If  the govt. do not wish to give pension and consequential benefits for more than 10 years service to  the SSC officers,  as applicable to all other central govt. servants  when retired/released on completion of 10 years, then  just  release the officer in 5-7  years  OR grant permanent commission  and  avoid the Exploitation, Discrimination and  violation of  the  Constitution of India,  which  guarantees the  Equality.    

        

If the govt. retires/releases an officer after ten years service then same rule must apply to all officers  irrespective of the name/ type of entry or  type of commission - PC or SSC.  Because Constitution of India and Army/Navy/Air Force Acts applies equally to all officers and they work under same conditions/law and get same pay and allowance during the service. Therefore equal benefits should be given for equal period of service when released/retired by the govt. and same cannot be denied by stating that its SSC or PC or on any other pretext.  

    

Since the pension amount is granted for years of service rendered by the employee, therefore one cannot be Discriminated against, despite serving equal years of service in the same service, under any pretext.  But shockingly the  statutory pension  regulations have been ARBITRARILY  applied  under the rule of  Might is Right  by  the Ministry of Defence officials and  it has been blindly  followed  by services HQs.  The officials do not even wish to read the laid down statutory regulations in letter and spirit, and always state what is  NOT  specified in the regulations, and blatantly disobey the law. The officials create/amend the statutory law by adding/deleting a word therein, while making a statement.  They  simply do not believe in  Rule of  Law and have become law makers.  Some officials  have arrogance and  audacity to say- Go to Court. We will see.  They  can say so because the ex-employee suffer the Injury caused by the officials, and  nothing happens to the official  for his illegal actions. They  even get away  by submitting  false and  misleading  statements  in the hon'ble courts and parliament.      

      

The enemy bullets will not  differentiate  between Permanent Commission officers or direct Short  Service commissioned officers or  a  jawan granted a Short Service commission. An officer is an Officer and must get equal benefits for equal years of  service on his retirement/release  as Admissible to a permanent commission officer.  Therefore when the govt. retires/releases  an officer at  its will,  its the duty of the govt. to treat all officers equal for equal service  and must  apply the regulations as applicable to the officers.  It  can not deny   the earned benefits/pension  by just saying  that one is direct  Short Service Commission officer  or one is a jawan  granted Short service commission  or  the other  is a Permanent Commission  officer  or on  any other  pretext  or any other  reason  NOT  specified  in the statutory regulations  and  leave  the  officer  to fend for himself  after extracting  10- 14 years or more service out of  his prime life. 

     

The youth  is  and can be  EXPLOITED by the govt.  because  large number of educated BSc/ Btech/Mtech and unemployed  youth  is available, who is  in hurry to get a job and   happy to become directly an officer. But  at time of  recruitment  the truth is suppressed and he is  not  told what all  benefits a equivalent  Permanent Commission  officer or all central govt.  employees  get,   if  released/retired after 10 years.  Once in the defence services, he/she can not raise voice against  the discrimination due to the fear of  Military  Law.   After the govt. exploit  him/her  for 10-14 or more years and releases  from the clutches of Army Act, he is again busy searching for job to survive,  try maintain the officer's status and  take care of  his growing family needs  at age around  35+  and perforce does not think what  wrong has been done to him/her by the Govt.                                                  

Hence the government continues  with the wrong policy of Exploitation/Discrimination. 

  

Look at the plight and Dignity of  an Officer = For more than ten years he/she is Class I officer, live, eat  with dignity with permanent  commission officers, but day after released/permitted to retire  from service becomes equal to a  BEGGAR, despite no fault of his/her,  as  he/family has to stand in line with the beggars  at govt.  general hospital to get  treatment. Because  the govt. has not provided any/equal benefit of  his  more than 10 years service  after forcibly released/retired, e.g. pension and medicare/ ECHS.  Which is available to all other central govt. servants,  if retired/permitted to retire/released  by the govt. at any time after rendering  10 years service.     

      

By arbitrarily denying pension(whatever amount may be for 10+ yrs ) and medicare after making the officer work for  more than  50%(10yrs +) to 75% (14 yrs+) or more of  the officers working life out of  20 years ( becomes entitled  for Full pension),  is nothing  but Exploitation, Discrimination, Injustice  and  blatant  Violation of the Constitution of India. 

    

The Short Service Commission should not be more than 5 years (25% service of full pension service).  Otherwise make him/her permanent to avoid violation of the Constitution of India. However it is felt that  all civilian authorities are  not  bothered to read  the existing law  and ignores/suppresses  same  to deprive the officer of  his legal  rights to take service without paying for it. They only read  randomly what suits their thinking/ perception/mind set and  ignore  the law/regulations  which  exist and are applicable.  Its  simply  done under  the  arrogance of  having  the  deciding  authority.       

      

Would an  IAS officer or a hon'ble Judge  agree to such service condition where he will  not get  pension and other benefits attached  with the word pension,   if   the  govt.  retires him/her  after 10 years service  ?.  

Most  people of India do not  know that the law makers have made them selves entitle to life time pension just after ONE day in Parliament (LS/RS) and  have also made the hon'ble Supreme Court  judges  entitle to pension  after ONE day service in the court.  Except these two class of public servant,  no other public servant  gets service/retiring pension  before completing ten years service.  I am not sure if such benefit is given to these two class  of  public servants  any where in the world after serving ONE day in office, except  if  unfortunately one die  in office.  

                                                                                                                                  

However  same officials  / Judges  do not even  allow to read the existed  pension regulations and do not wish to give  pensionary benefits  to Defence officers, even  after making  him/her  serve for 10 -14 years or more, by quoting this or that excuses/reasons/pretext,  despite  the Constitution/ laws/regulations  providing  for it.  The  existing regulations   have been applicable  equally  to all  officers,  but same  have been applied  ARBITRARILY to deprive the defence officer of  his  legal and constitutional rights. A  mere statement of a   govt. advocate  is taken as law  and  the defence officers being deprived of  their  legal rights.  Thereafter, No body wants to listen/discuss about the Injustice been done to the defence officers.  If a mere statement of a govt. advocate is law then we do not need lawmakers.       

The govt. should either release the Short Service Commission officer on completion of 5 years service or grant permanent commission.  Thereafter as and when the govt. retires/permits to retire, the officer, he/she must get all rights as provided by the law/regulations and as granted to a govt. employee/ defence officer after 10 years qualifying service, if retired/released by the govt.        

  

Sincerely yours,  

Received from G.S. Beniwal

beniwalg@ymail.com

The views expressed by the author are his own and left to public to judge and rationalise for themselves.