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gnrao
09-09-2010, 08:31 PM
SC wants separate pay panel for forces
R Sedhuraman Legal Correspondent

New Delhi, September 8

Pointing out that many of the armed forces personnel have returned their medals due to non-redressal of their grievances, the Supreme Court today asked the government to consider setting up a separate Pay Commission for both serving and retired members.

“We feel this is necessary as the Armed Forces personnel have many grievances which they feel are not being properly addressed by the Union Government. Many have even returned their medals,”

A Bench comprising Justices Markandey Katju and TS Thakur said in an order.

The Bench asked Attorney General GE Vahanvati and Solicitor General Gopal Subramanium to forward the suggestion to the government and get its response by October 18, the next date of hearing.

The court passed the order while hearing a petition filed by some serving and retired army officers challenging the government’s refusal to accord them enhanced “rank pay” as recommended by the Fifth Pay Commission.

The AG and the SG “were present on behalf of the Central government. We have made certain suggestions to them regarding setting up of an independent commission headed by a retired Supreme Court judge for looking into all the grievances of the serving and former members of the Armed Forces,” the Bench noted in the order, marking a copy each to the AG and the SG.
Earlier during the arguments, the Bench slammed the Centre for making army personnel run from pillar to post for getting their salary disputes resolved. “The day the soldiers are forced to fight for their salaries, it would be a sad day for the country,” it remarked.
Noting that the Army people who were a disciplined lot could not go on agitation like others, the Bench said forcing them to fight for their salaries was not good for the country. Citing a senior officer who burnt his artificial limb in frustration, the Bench asked the AG and the SG: “Why do you allow such things?”

The present Pay Commission headed by bureaucrats was perhaps unable to understand the problems of the personnel, the apex court observed and felt that setting up a separate commission would provide a channel for them to vent out their feelings. The Bench slammed the Centre for making army personnel run from pillar to post for getting their salary disputes resolved.

“The day the soldiers are forced to fight for their salaries, it would be a sad day for the country," the Bench said quoting Chanakya's advise to Emperor Chandragupta Maurya.

The apex court said the sane advise of Chanakya was valid even today and it was unfortunate that army personnel are forced to knock the doors of the court for rectifying their salary anomalies.

gnrao

vnatarajan
12-09-2010, 07:26 AM
Dear Shri Rao/ Interested,

Quite a few interestung posts have been made in some military blog sites.

I reproduce here few of them:

"The Court, however, did not complete the latter part of the sentence which stated, "O King, if you do not look after the needs of the people who look after the country, you do not have the right to be where you are""

ANONYMOUS SAID:

"HAS NOT THE GOVT. ALREADY AGREED TO CONSTITUTE A SEPARATE PAY COMMISSION for the Military Personnel soon after the recos of Com. of OROP? Are the top legal advisors/counsels of the Govt (if the News Reported is correct)not aware of what is happening in the country and in Parliament? Are we sure that the "advice" provided is not used for an escape route for"manipulations" and effectively delay justice in the instant case? Have all not seen how far the "degraded and fanatic" ractions in the form of "request for Reviews in Courts" and "forming of Committees" again and again? I AM AFRAID FOCUS ON THE MAIN ISSUE MAY DRIFT AWAY"

"As per the RDOA(Retired Defence Officers Association)fighting the Rank Pay case,the Govt has filed an interlocutory application (I.A.) AND they say it is not tenable.It is not a Review Petition".

This is what is posted by RDOA on their blog

http://sites.google.com/site/rdoaindia/Home/aims-objects/how-to-become-member/updates

"Against the aforesaid order dated 8.3.2010, Union of India, the Applicant, has filed an interlocutory application (I.A.) for directions seeking modifications/directions/recall of order dated 8.3.2010. As advised by our counsel no such provision exists in the Supreme Court to file an IA. In response to this, the RDOA has filed a detailed and comprehensive counter affidavit in the apex court. As per directions of the court UOI will be given four weeks time to file rejoinder before the case gets listed for disposal."

vnatarajan