NFU Hearing.. Col Lamba

Respected
Government counsel

Kindly see the correct prospective against each of your argument
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Col Lamba
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NFU hearing

#NFU
Today's NFU case hearing update attended at AFT ( Principal bench) held from 3.30 pm to 5.15 pm :

1. Govt counsel arguments almost concluded today & has been asked to producec AV Singh report & substantiate the 6th CPC reports tomorrow.

2. Tomorrow conclusion of hearing from both sides slotted for 2.30 pm.

3. Govt Counsels arguments were following:
 ( a) Armed Forces are a separate cadre officers than that of civilian cadre.

Comment: Sir . Each government cadre is separate & unique in their own ways .May be Doctor / professor / Engineer / Cops extra .
But you seem to create a gap .Let better sense prevail . When IAS/ Cops extra fail in their jib then this uniques Force corrects their failure in record time.
Hence The Forces deserve higher standard .Kindly restore pre- 1973 standard
Army pension @ 75% & Civilian pension @33%.

(b) Armed forces are separate as they are not GP A offrs but are special commissioned officers their induction is at much lesser age compared to civilians, they are bound by separate Act & Rules, Regulations, Separate service conditions, unique rank structure unlike civilians, unique grade pay like ( 6800 & 8000).
Comments: Yes dear they are not only officer like civilian but Commissioned Officer  Each officer has got commission for life duly signed by President.
Moreover your attention is drawn to
Article 18 of constitution .The army officer hold ranks till death. Hence requires higher attention & status + pay & pension.

Induction at lesser age means they have better IQ & leadership qualities .Here also ask IAS/ IPS office many of them have tried but failed.
So in no way failure lot should get better.

Compare Japan ruined in 1945 . China got freedom in 1949 & India got freedom in 1947.
Japan & China are on top of world but our babu's in 70 years have ruined the nation
Instead of giving them higher pay they should be punished & sacked

Kindly explain why should IAS get two extra increment on joining.
(c) They get MSP & different set of allowances due to their service conditions which is not applicable to civilians.
Comment:
MSP is not part of pay commission . It started on 1/09/2008 where as 6th CPC started on 1/1/2006,

Dates are wide apart.
Moreover MSP does not constitute a part in promotion & increments.
Hence No relevance.
MSP is due to additional hardships


(d) They have unique promotion criteria in each rank & remain in that particular rank for specified time till Col rank.

Comments:
Forces have pyramid structure for promotion . Very less at top.
Even selection is severe  along with promotion exams ( which civilian once enters & are free for life ,Even a time scale civilian officer gets LT Gen pension where as
 Lt Col ( Selection ) gets much less.)

Fundamental law of Equality has been thus denied to Forces

( e) They are taken care by MoD policies unlike DoPT policies applicable to all civilians.

Comments: MoS passes buck Denying NFU on one pretext or other from last 11 years
( f) Sixth pay commission had granted MSP to Armed forces & NFU to civilians. Since they both are a different class of offrs the NFU & MSP unique to each cannot be granted vice - versa.

Comment:
Forces have pyramid structure for promotion . Very less at top.
Even selection is severe  along with promotion exams ( which civilian once enters & are free for life ,Even a time scale civilian officer gets LT Gen pension where as
 Lt Col ( Selection ) gets much less.)

Fundamental law of Equality has been thus denied to Forces
( g) As such when a pay  commission has granted &:Govt has approved same cannot be altered. However the matter of NFU was taken up by the Forces the same was examined by PMO &;has been not approved.

Comments :
Kindly do not blame PMO. On one pretext or other NFU is being rolled over & finally it has been rolled over to 7th CPC.

Chairman 7 the CPC. Has clearly  mentioned NFU  should have been given first to forces. Than any one else
Pay commission is a specialized vjob ad per babu's .Hence the case was given to commission. So now honour commitment & pay commission words

( h)  Since Govt & Ministry exercise the Power of the Executive the Court should not intervene as the Executive has looked into various other aspects like economic considerations etc even though if it looks like it is not apparently rational.

Comments
Kindly do not show eyes to judiciary .Chairman 7 the CPC has clearly highlighted your failures
(j) As far as the stagnation & promotion issues are considered an AV Singh committee was set up which has addressed the issue of vacancies & promotion for Armed Forces Offrs only.
Comments :
Restore pre 1973 status for pension.
(k) Fulfilling the mandatory reqmt of GP A services as per DOPT guidelines is not only the sole criteria for claiming NFU.

Comments
Highly effective & efficient service cannot be side lined
Follow PM advise non performer has no place . Asking Aid to civil power on drop of hat even from child falling in well to flood relief & civilian enjoying NFU & Forces being denied on one pretext or other . Disgusting

(l) Certain citations ie earlier judgements of a few cases were referred to say that court's should not intervene in this matter as there has been no infringement on fundamental rights of equality under article 14 of the constitution as both are separate cadres & separate rules apply.

Comments
Forces have pyramid structure for promotion . Very less at top.
Even selection is severe  along with promotion exams ( which civilian once enters & are free for life ,Even a time scale civilian officer gets LT Gen pension where as
 Lt Col ( Selection ) gets much less.)

Fundamental law of Equality has been thus denied to Forces
(m) CRPF & BSF were granted at High Court level because. They are under MoH not MoD & as such matter has been pending before Supreme Court.
Comments
MoH & MoD. Is for functional requirements & not for pay commission
So do not twist the tail
For your kind information MoH forces are withdrawn from fronts during war as they have lower level of  performance.
Hope you know who withdraws powerful or weak .



Hence in view of above submission Armed Forces should not be granted NFU

Comment
Hence in view of above comments
Forces be granted NFU without any delay from 1/1/2006 & should be paid pay& pension wed 1/1/2006 along with arrears + 8%:interest till date of payment

NFU hearing

NFU case hearing update at AFT ( Principal bench) held from 3.30 pm to 5.15 pm :

1. Govt counsel arguments almost concluded today & has been asked to producec AV Singh report & substantiate the 6th CPC reports tomorrow.

2. Tomorrow conclusion of hearing from both sides slotted for 2.30 pm.

3. Govt Counsels arguments were following:
 ( a) Armed Forces are a separate cadre officers than that of civilian cadre.
(b) Armed forces are separate as they are not GP A offrs but are special commissioned officers their induction is at much lesser age compared to civilians, they are bound by separate Act & Rules, Regulations, Separate service conditions, unique rank structure unlike civilians, unique grade pay like ( 6800 & 8000).
(c) They get MSP & different set of allowances due to their service conditions which is not applicable to civilians.
(d) They have unique promotion criteria in each rank & remain in that particular rank for specified time till Col rank.
( e) They are taken care by MoD policies unlike DoPT policies applicable to all civilians.
( f) Sixth pay commission had granted MSP to Armed forces & NFU to civilians. Since they both are a different class of offrs the NFU & MSP unique to each cannot be granted vice - versa.
( g) As such when a pay  commission has granted &:Govt has approved same cannot be altered. However the matter of NFU was taken up by the Forces the same was examined by PMO &;has been not approved.
( h)  Since Govt & Ministry exercise the Power of the Executive the Court should not intervene as the Executive has looked into various other aspects like economic considerations etc even though if it looks like it is not apparently rational.
(j) As far as the stagnation & promotion issues are considered an AV Singh committee was set up which has addressed the issue of vacancies & promotion for Armed Forces Offrs only.
(k) Fulfilling the mandatory reqmt of GP A services as per DOPT guidelines is not only the sole criteria for claiming NFU.
(l) Certain citations ie earlier judgements of a few cases were referred to say that court's should not intervene in this matter as there has been no infringement on fundamental rights of equality under article 14 of the constitution as both are separate cadres & separate rules apply.
(m) CRPF & BSF were granted at High Court level because. They are under MoH not MoD & as such matter has been pending before Supreme Court.

Hence in view of above submission Armed Forces should not be granted NFU