Friday 8 April 2016

ESM sitrep 8 Apr evening - Lt Gen Raj Kadyan

Dear Colleagues,

          The Defence Forces personnel constitute perhaps the largest number of litigants in our country. The pension and allowances have numerous anomalies that remain unresolved by the system. The affected individual, as a last resort, knocks on the door of the courts. When, after long struggle and considerable cost, a litigant wins, the benefit is extended only to him. This encourages other similarly placed individuals then to adopt the same route. And the vicious cycle continues. There is a need for a dual thrust to find ways to resolve this tangle. 

          In this connection copy of two letters written to the Chief Justice of India and to the Defence Minister on 8 April 2016, are attached for information. 

Lt Gen Raj Kadyan (Retd)
Chairman IESM
262, Sector-17A
Gurgaon - 122 001
 



262, Sector-17A, Gurgaon - 122 001, Haryana, India

 

Lt Gen Raj Kadyan, PVSM, AVSM, VSM (Retd)

Chairman

Email: rajkadyan8@gmail.com

Telephone:    09811226676

 

Litigation/Veterans/2016                                                                                          08 Apr 2016

 

To:

 

            Hon'ble Mr Justice T S Thakur

            Chief Justice of India

            Supreme Court

            New Delhi   

 

Litigations by Indian Veterans

 

Dear Sir,

          There are over two million veterans in India. It is empirically seen that a large number of them have complaints about their pension and allowances. Having exhausted all other options, they approach the courts for relief. Given the size and complexity of the manpower structuring of the defence forces, each such litigant in fact represents a distinct larger group or category that is covered by identical conditions.  However, whenever legal relief is provided, it benefits only the petitioner and not the others similarly placed. This leads to others also thereafter being compelled to follow  the legal route with avoidable costs to them and burden on the judiciary.

          It is felt that the judgments given by the Hon'ble courts in cases of financial increments by way of pension and allowances, that are of generic nature, should add a proviso to the effect that the impugned judgment would also cover other similarly placed cases. This is being done even now but only selectively in very few cases, such as by the apex court in the Officers' Rank Pay case and pension of pre-1996 retiree Major Generals etc.  If implemented, this proposal will not only help reduce load on the judiciary but will also help avoid legal expenses, delay and harassment that the veterans now feel subjected to. 

Lt Gen Raj Kadyan




 
 



262, Sector-17A, Gurgaon - 122 001, Haryana, India
 
Lt Gen Raj Kadyan, PVSM, AVSM, VSM (Retd)
Chairman
Email: rajkadyan8@gmail.com
Telephone:    09811226676
 
Litigation/Veterans/2016                                                                                               08 Apr 2016
 
To:
          Shri Manohar Parrikar      
          Hon'ble Minister of Defence
          South Block
          New Delhi - 110 011
Litigations by Indian Veterans
Dear Sir,
          A copy of my letter dated 08 Apr 2016, addressed to the Chief Justice of India is enclosed.
           It may be recalled that this point was raised by me in June in a meeting with you. You had then underscored the need to reduce litigations by the veterans. In fact as learnt from published sources, you had also subsequently given directions that the Ministry must not routinely challenge every decision of the lower courts  that goes against it. My enclosed letter is pitched at a converging aim of reducing litigations.
 
          Irrespective of the response of the judiciary on the subject, it is recommended that a simultaneous administrative solution may please be examined to resolve the problem. A benefit once granted by the judiciary to an individual needs to be extended to all others similarly placed.
 
Lt Gen Raj Kadyan

1 comment:

  1. With proper administrative solutions for all these unwarranted litigations, half the MOD officers will have to go on VRS.

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