An Open Letter to the Indian Raksha Mantri

The 'deeply hurt, bruised and wounded conscience of ex-servicemen of India's Armed Forces', are expressing their anguish towards the bureaucracy, who they feel is responsible for the step-motherly treatment meted out to defence forces all the time

Cdr Ravindra Waman Pathak (Retd), a member of the Governing Body and Pension Cell of Indian Ex Servicemen Movement, wrote an open letter to Defence Minister Manohar Parrikar. In the letter, Cdr Pathak has raised several issues like the long-standing demand of ex-servicemen for ‘one rank, one pension’ (OROP).

In the letter Cdr Pathak has expressed deep anguish regarding the bureaucracy, which he feels is responsible for the step-motherly treatment meted out to defence forces. "It is this specially empowered bureaucracy which, without even a shred of any commensurate knowledge, over the past 67 years, has mastered and honed the craft of repeatedly hurtingthe pride and morale of the soldiers' right from the Chiefs to the sepoy. 'Jai Jawan' is handy only at crunch time or prior to elections, where after the Armed Forces are routinely relegated to the status of a 'necessary evil' type heavy baggage that the nation, perforce, has to be burdened with. This bureaucracy has been successful in contouring the political thought process in the same mould," he said.

India's defence budget is in the region of $46 billion or about Rs3 lakh crore. The OROP would cost 1.3% or Rs4,000 crore of the defence budget. China's defence budget size is $126 billion i.e. more than Rs8 lakh crore. Manpower wise, India has 13.25 lakh active military personnel and 21.43 lakh active reserves compared with China's 22.85 lakh active military personnel and 23 lakh active reserves.

Here is the letter sent by Cdr Pathak to the Defence Minister:

Dear Shri Manohar Parrikar,

I am sorry it is long but assures you it is worth read.

 

The other afternoon I chanced upon your interview on Headlines Today.

Honestly, you came across as a simple, direct, honest and a good person.

I get a feeling that your recent inconsistent utterances on One Rank One Pension (OROP) are perhaps because you are surrounded by a Ministry of Defence (MoD) coterie with a proven record of lies, deceit and acrimony towards the Defence Forces- ironically the very ones who they are chartered to look after.

I am therefore taking the liberty to put across some select counter-points, to give a balanced view on OUR travails with the MoD.

Just to illustrate how MoD staff lies/ distorts perceptions, let me take the OROP issue. It is unfathomable why figures on funds required for OROP vary so drastically, from Rs 3,000 crore, given by Department of Ex-Servicemen Welfare (DESW) to Koshiyari Committee in 2011 to Rs 1,300 crore as given by Department of Expenditure under the Ministry of Finance to the same Committee, to Rs 9300 given by Controller General of Defence Accounts (CGDA), an auditor and accountant, to about Rs 13,000 crore now quoted recently by you (I presume on advise from CGDA or DESW). This shifting of figures (goal posts) are either blatant and mischievous lies, or worse, gross departmental incompetence on a very important issue. Every one smells a rat here. Do you?

Sir, they (DESW/CGDA) need to make basis of their calculations and the tables for OROP public for open discussion. Without that, the closed door, intriguing modality of their hush-hush functioning can only be to the detriment of the Defence fraternity. Will you be able to get them to do that please?

 

I was a little disappointed with your statement on OROP; you said 80% or 90% satisfaction and repeated thrice that 100% satisfaction is NOT possible, although you will try. What makes you unsure of the 100% satisfaction? I am sure you are probably by now as skeptical of the MoD babus as we veterans are. Since money seems to be a problem, I have question for you. How come the Defence Research & Development Organisation (DRDO), which has given nothing substantial in terms of results (Please read the report at

http://timesofindia.indiatimes.com/india/Unprofessional-HAL-DRDO-slammed-for-lostdecades/articleshow/45529978.cms) and has been slammed by many committees for its failure, is being pumped with money when the MOD does not have Rs 1,860 crore to meet 100% aspirations of OROP? 

I have followed most of your statements since your appointment as Raksha Mantri and must admit as time passes that you are indeed fast picking up on the job. The first indication was your statement that the man behind the weapon is as important. A distinct departure from your earlier views. This has encouraged me to write this open letter to you.

Many a times the babu will tell you that the defence forces are not All India Class ‘A’ service, but different. They are right for unlike Class ‘A’ services it is only the defence service that

1.  Pay by death for follies and mismanagement of policies by Bureaucrats and Politicians. Be it 1962 or Sri Lanka or Jammu and Kashmir (J&K)

2.     It is the only force that reports to a person (Defence Secretary) who has never probably been even in NCC leave alone the Armed Forces.

3.  It is the only service that comes to the rescue of hopelessly failed civil administration at the time of any man made or natural disaster in the country.

4.   It is the only service much sought after by International bodies for peace keeping operations abroad.

Sir, they are the आन, बान और शान of the country.

It does not end there. Under the illogical and lopsided argument that the defence forces are not a Class A service, they have been badly discriminated in many ways. 

Some of these Discriminations are listed below. These bring out something that the mandarins of MoD will never tell you about.

1.  Non-implementation of AFT judgment. Being Bloody Minded.

Navindra Devi’s husband, NK Rajpal Singh, wandered off from his Army unit in Bikaner, Rajasthan, while being treated for a psychiatric illness. His body was later found in a well. The unit showed him retrospectively on annual leave. The Armed Forces Tribunal (AFT) held the Army responsible for his death and awarded Navindra Devi special family pension with 10% interest from the date of death and Rs 10 lakh as compensation. The order passed on 8 December 2011, has still to be implemented.

Brig TS Sekhon had to undergo an emergency procedure on his heart while visiting Germany in 2008. He was refused reimbursement of medical bills by the MoD under the Ex-Servicemen Contributory Health Scheme (ECHS) on the grounds that there was no provision of reimbursement when a person undergoes treatment abroad. The AFT, based on a similar Supreme Court pronouncement, directed the ECHS to reimburse the amount at rates that the said procedure would have cost in India had the emergency happened here. The judgment, passed on 28 February 2011, remains unimplemented.

Just shows how bloody minded our own are towards those they are supposed to look after the welfare.

2.  Officers Equations with Civil

Please look at the table below to see how the Defence personnel have been downgraded over a period of time.

Civil Grade	3rd CPC	4th CPC	Remarks
Junior Time Scale	Junior to Captain	Equal to Captain	2/Lt, Lt and Capt clubbed by 3rd CPC
Senior Time Scale	Equal to Captain	Equal to Major
Selection         Grade/ Non-Functional Selection Grade (SG/ NFSG)	Equal to Major	Senior to Major

Army Ranks (Clerical Cadre) vis-à-vis Civilian (Clerical Cadre)

Sepoy, Lance Naik, Naik and Havildar	Lower Division Clerk
Naib Subedar (Gazetted Rank)	Upper Division Clerk (With less than five years service) (Non Gazetted Post)
Subedar (Gazetted Rank)	Upper Division Clerk (With more than five years’ service),and Office Supdt Grade -II (Both, Non Gazetted Posts)
Subedar Major (Gazetted Rank)	Office Superintendent Grade-I (Non Gazetted Post)

1.  Comparison of Allowances- Defence and Civilian Government Employees:  

Type of Allowance	Civilian Employee	Defence Employees
Disabled Employees	Govt has to retain them till 60 yrs under Disability Act Those having disability attributable / aggravated due to service under Category 'B' & 'C' are sanctioned disability element 60 % of reckonable emoluments for 100% disability and those in category 'D' & 'E' are given equal to  last pay.  The spouse of category 'B' & 'C' are eligible for family pension equal to 60% of pay and those of category 'D' & 'E' are eligible for 100% of pay irrespective of reasons as to how was the disabled service person die viz the death was due to injury / disease or not.	Invalided (Thrown) out of service immediately For Defence it is 30% of last pay for 100 % disability and 60% for war injury cases. Defence it is just 30% of pay unless you prove that it was due to disease contracted due to service by plethora of documentary proof.
(a)  Protection of Service	Full protection under Section 47 of the Act. Will not be discharged on account of disability	Defence Forces exempted from operation of Section 47.  Hence no protection of employment available in case of disability.
(b)  Pay and Allowances	Full pay and allowances admissible till the age of 60 even if unable to attend any official duty.  Can even be kept on supernumerary post and paid all pay and allowances.	Employee can be discharged on account of disability.
(c)  Pension	Entitled to full service length till superannuation and pension thereafter.	Nil Admissible
(d)    Right to life of dignity of self and family	Full pay and pension and complete Government protection/cover with entitled facilities Admissible to dependents	Nil Admissible Nil.  No facilities or protection for self and dependents
(e) Increase in Pension of highest rank employee from 1973 to 2006	108 times Highest Civilian Functionary Pension 1973  - Rs 416.50 pm 2006  - Rs 45,000 pm	45 times Highest Def Rank Pension  1973 -  Rs 1,000 pm and 2006 -  Rs 45,000 pm
(f) Period of Service	Upto60 years of age	85% compulsorily retired between 35-37 years of age. 12-13% compulsorily  retired between 40-54 years of age
(g) Career Progression	Three Promotions at 10, 20, 30 years of service	Three promotion at 8, 16, 24 years of service. 85% compulsorily retired at 15-17 years’ service; thereby denied 3rdcareer progression
(h) Officer’s Promotion opportunities	100% Joint Sec at 16-18 years’ Service 100% Addl Sec  at 32 years ‘Service	1% Maj Gen at 32-33 years of service. 3% Lt Gen 33-35 years
Non-functional Upgradtion (NFU)	•      JS Pay at approx. 22 yrs. •      Addl Sec Pay at 32yrs	Nil

Sir, even as the MoD remains an unfettered law unto themselves, the latest slap on the MoD/DESW, has been given by the Judiciary  when   800 appeals filed by MoD in cases of disability have been dismissed by a single order of the Supreme Court. I don’t think there is a greater indictment of the babu in treating the Defence forces as Children of lesser God.

Should you not now be taking someone to task against this mindless melee? Unfortunately, I find the same babu – Mr Harbans Singh, who was a cause of above mindless litigations against Veterans, is being reemployed in DESW for the 4th time. This is disturbing news for the Veteran Community, and can definitely not bode well for our mutual trust and faith. May I request you to please intervene? I notice some veteran organizations have already lodged their protest over this.

  

Besides the above, I would like to bring to your notice a few more discriminations against the defence forces.

1.     Pensionable Service

For Civilian Employees of GOI the minimum service required to be eligible for pension is 10 yrs. However for defence forces the minimum service required to earn pension is 15 years for JCO and OR and 20 years for Officers. In actuality, this is the service required to earn standard pension, and NOT service to be ‘Eligible’ for Pension. If Pension is deferred wages then how is it that a defence person who has put in the same service as his civilian counterpart is denied this deferred wage for less than 15/20 years service? Incidentally, the Navy Pension Regulations (An act of parliament, which has never been revised) even today permits proportionate pension for less than service required to earn standard pension which is at 20 yrs service for officers.

2.     Role of CGDA in Policy making

The CGDA and CAG have the same role i.e. audit and account. Yet whilst the CAG does not play any part in the policy making process of the departments of government you must have noticed active participation of CGDA in many cases including OROP? Why is this exception for the defence auditor and accountant? The CGDA has declined to respond to queries under RTI as to how figures of Rs 9,300 crores were arrived at in relation to OROP, stating the information is confidential. Why should this be so when the DGL drafted by the Services Headquarters is in the public domain?  What is the need for confidentiality in this unless the CGDA working out is faulty or the matter is a lie?

  

The role of CGDA as defined on their website is:

The office of the Accountant General, Military Department, was created in April 1864. In 1865, the Government recognized this position as the Head of the Military Accounts Department. In 1922, office of Military Accountant General was reorganized post-war and 1 MAG, 2 Dy MAGs, 2 Asstt MAGs and 100 Accountants and clerks were sanctioned. Office of MAG then comprised of 8 sections viz. Record, AN, Audit, Accounts, Estimate, Pay, Foreign Claims and Inspection.

The Department was re-named as Defence Accounts Department (DAD) on October 1st, 1951 and the Departmental Head designated as Controller General of Defence Accounts (CGDA). For more than three decades after independence, the DAD functioned under the administrative control of the Ministry of Finance. With the introduction of the Integrated Financial Advisor scheme in the Ministry of Defence from August 1983, the Department came under the administrative control of the Ministry of Defence.

My question is…

1.     How an auditor can also be the record keeper, accountant and estimator (on policy matters)?

2.     In addition, how can the auditor be under the Ministry that it is supposed to audit? There is a need to reorganize CGDA so that audit and inspection functions are separated from Accounts .The estimates role should now be that of the Department of Expenditure, under Ministry of Finance.

3.     Non-implementation of AFT judgment.

Navindra Devi’s husband, NK Rajpal Singh, wandered off from his Army unit in Bikaner, Rajasthan, while being treated for a psychiatric illness. His body was later found in a well. The unit showed him retrospectively on annual leave. The Armed Forces Tribunal (AFT) held the Army responsible for his death and awarded Navindra Devi special family pension with 10% interest from the date of death and Rs 10 lakh as compensation. The order, passed on 8 December 2011, has still to be implemented.

Brig TS Sekhon had to undergo an emergency procedure on his heart while visiting Germany in 2008. He was refused reimbursement of medical bills by the Ministry of Defence (MoD) under the Ex-Servicemen Contributory Health Scheme (ECHS) on the grounds that there was no provision of reimbursement when a person undergoes treatment abroad. The AFT, based on a similar Supreme Court pronouncement, directed the ECHS to reimburse the amount at rates that the said procedure would have cost in India had the emergency happened here. The judgment, passed on 28 February 2011, remains unimplemented.

Just shows how bloody minded our own are towards those they are supposed to look after the welfare.

3.     Process for issue of various orders

The orders on pay and pension and policy for civilian employees are expeditiously issued as OM or a letter by the DOPT and are followed by all. Regrettably, orders issued by MoD (DESW) need a circular by CGDA/PCDA to be followed. It is not understood why this additional layer of Bureaucracy. Another example is the order for REVISION OF DISABILITY/WAR INJURY ELEMENT Pre 2006 Veterans. The orders on the civil side have been issued effective 24/09/2012 but the orders for Defence are pending. EVEN NOW. Why?

4.     Stark disparity in  paying due compensation to the Martyrs families

I would like to cite just two examples of this. Whilst one has no cribs as to what anyone gets, the discrimination surely hurts.

•               A Delhi policeman was give Rs 1 crore recently when he was gunned down by criminals. What would be paid to the family of Army soldier/an officer killed in counter insurgency operations in J&K? Well the family would get a compensation of Rs 15 lakh.

•               During 26/11 attacks in Mumbai, Maj Sandeep Unnikrishnan lost his life. His parents were paid a sum of Rs 1 lakh. Soon thereafter, some people died in Kerala because of consuming hooch. Their families were paid Rs 5 lakh each! 

What do I do of? liquor or a bullet?

Surely, there is a need to have a relook at what should be paid to whom, and a National policy on this is the need of the hour.

5.     ECHS

The cost of treatment of a patient for any disease is the same as the disease does not recognize a Defence veteran and a civilian as two different groups. Yet in allocation of funds on per capita basis there is discrimination. The ECHS has a per head allocation of Rs 3,500 whereas the CGHS has an allocation of Rs 10,000 per head. Why this stark discrimination?

  

6.     DESW Functioning Given the Veterans’ Gross misgivings and distrust about the Department of Ex Servicemen Welfare (DESW), it is shocking to learn (http://desw.gov.in/budget), that while the department does not at all meet the Veteran aspirations and expectations, their ‘spending pattern’ is meaninglessly lavish as indicated in table below. Why should the State support such extravagance and that too without having the department delivers on the task of Veteran welfare it is set up for 3.3. ?   

           

Object Head	IN THOUSANDS	IN THOUSANDS	IN THOUSANDS	IN THOUSANDS
	RE 2012-13	Actual Expenditure 2012-13	RE 2013-14	BE 2014-15
Salaries (Voted)	26624	23438	26300	29840
Over Time Allowance	108	44	90	123
Medical Treatment	588	72	518	699
Domestic Travel Expenses	3060	3057	2587	3500
Foreign Travel Expenses	2700	2505	2283	3087
Office Expenses	2520	668	2108	2882
Advertising & Publicity	9000	8137	7609	10291
Information Technology
	4500	1857	3805	5178
Total	49100	39776	45300	55600

THE ABOVE BUDGET EXCLUDES • Budget & Expenditure -- 3 years (ECHS) ,  Budget & Expenditure -- 3 years (DGR)•  Budget & Expenditure -- 3 years (KSB)

Following questions arise:  

1.     Who are these beneficiaries of roughly Rs 10 lakhs as over time allowance PER YEAR? Evidence indicates that the beneficiaries may surely be working overtime to appeal against court judgments favourable to Veterans.

2.     When actual expenditure on medical treatment is Rs 7.2 lakhs during 2012-2013 why BE of Rs 518 and Rs 699 lakhs provided for in 2013-2014 and 2014-15? All of them are covered by CHGS in Delhi. So what is this expense?

3.     Foreign travel budget Rs 2.5 to Rs 3.5 crore!!! Mind boggling really. What is this GREAT foreign travel for ESM welfare? Did these trips result in some revolutionary changes FAVORING Veterans?

Surely the budget has no realistic projections and yet the same department talks of lack of money for OROP and budgets itself without any rationale. Do you believe that a department that cannot even make its own budget correctly can give you correct figures on OROP?

Sir, I think I have given you a fairly-good view of the poor governance in the government as far as Veterans and Defence is concerned.

Your Government has a declared mission to bring about good governance and I strongly recommend that above inputs from us ‘affected Citizenry’ be kept in mind in evolving newer and fairer processes and organizational refinements towards this. Only the wearer knows where the shoe pinches.  

-Cdr Ravindra Waman Pathak I.N. (Retd)       

1 Surashri, 1146 Lakaki Road

Shivajinagar Pune 411016

The Indian Soldier who gives so much and asks for nothing but dignity and a little understanding from his country-men

by the kind courtesy of Moneylife

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