The petition states that there rightly operates a
statutory bar on military employees on forming associations and this fact
should have resulted in the system being more sensitive for hearing the views
of defence personnel.
Acting on a petition filed by a serving Colonel
seeking the representation of all stakeholders before a committee looking into
the Seventh Pay Commission (7th CPC) anomalies, the Punjab and Haryana High
Court Wednesday issued notice to the Central Government and has also directed
that, in the meantime, the anomaly committees shall take into account the views
of the affected defence personnel.
In his plea, Col Preetpal Singh Grewal has pointed
out that the Government has constituted ‘Anomalies Committees’ to look into 7th
CPC recommendations. These committees are granting hearings to civil employees,
their associations and the civil establishment but not to defence personnel or
even the defence services or establishment which, ironically, constitute the
highest number of employees and pensioners. The writ petition avers that no
information at all was even given to the defence services about the institution
of the committee and it was through press reports that the fact came to be
known that the Committee had held several meetings with civil employees.
The petition states that there rightly operates a
statutory bar on military employees on forming associations and this fact
should have resulted in the system being more sensitive for hearing the views
of defence personnel, and hence not granting any opportunity of hearing or
interaction even to the official defence establishment is against the principles
of natural justice as ruled by Constitutional Courts. The plea also says that
the Supreme Court has already held that defence personnel should not be treated
in a ‘shabby manner’ or denuded of rights that are available to other citizens.
It is also averred in the petition that even the
Standing Committee on Welfare of Ex-servicemen which was ordered to hold
meetings every three months by none less than the Defence Minister has not even
held a single meeting thereby undermining political authority by lower
officials. The petition has emphasized resolution of differences in a
conciliatory manner by way of mature governance rather than ham-handed measures
which increase the gap between various services. It states that lack of
reaching-out by highest echelons of government and a perceived trust deficit
leads to inimical elements taking advantage to the detriment of national
interest by spreading discontentment through anecdotal hearsay in social
circles and social media.
Besides
opportunity of hearing to affected stakeholders, the petition has sought the
institution of a suitable alternative participative mechanism in view of the
statutory bar on forming associations, which could meet at regular intervals
wherein issues related to defence personnel could be discussed, reconciled and
resolved by way of institutional representation.
By kind courtesy of
http://indianexpress.com/article/india/india-news-india/7th-pay-commission-anomalies-cpc-defence-personnel-army-punjab-haryana-high-court-3042743/
Will the GOI and the MOD take cue from this judgement?
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