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