THIS INFO IS FOR PRC
OFFICERS WHO HAD COMPLETED 10 YRS, BUT NOT 20 YRS, OF SERVICE IN DEF FORCES
OF INDIA.
It's, in fact,
appeal/request/suggestion to the ex PRC officers who had completed more
than ten; but less than twenty years of service prior to their
release/discharge/retirement/resignation from def forces. They're
entitled to receive pension commensurate with length of service and
the rank. A proper and particular procedural and legal process is
required. Kindly pass this info to any affected officers you know.
Lt Cdr G S Beniwal,
under the aegis of Indian Ex Servicemen Movement (IESM) is trying to
group the affected officers and conduct the process on their behalf.
There are numerous
affected officers. Very few of them have approached him to take
advantage of the opportunity. The main causes as learnt from him are
as under.
1. Some don't have
some of the essentially required doc like commissioning letter,
retirement/release order, discharge cert, service record, relevant Pt II
orders, etc.
2. Some have got
negative info through word of mouth or rumors that causes pessimism
discouraging them from taking appropriate action.
3. Some suffer from
typical inclination to watch others do it first and then emulate
them.
4. Some tend to
believe that if others try and get it; I'll get it too,
automatically.
Please consider
following via-a-vis above mentioned corresponding causes.
1. Even a few of the
essential docs those establish proof of one's service in a force could be
enough at the beginning. Rest of the proof/docs could be arranged
through RTI.
2. Overcome
misperception because of ill info and consult/discuss with the Cdr or
Major Vijay Bhosale and know about the scope of the action.
3. Revive own
leadership quality of taking initiative for betterment of own, own
family and others.
4. The fourth one
above is a very serious cause. When a case in such a matter goes up to
Supreme Court and if it gives verdict in favor of the affected
appellant, it's with an order to be applicable only to the appellant
or persons in a group of appellants. If a person, post that verdict,
wishes to site it and take it's benefit he/she has to go through the
same process right from the beginning. It's advisable to get rid of
the misunderstanding.
It's understood that
legal fees and associated expenses for the complete process comes to
between six to eight lakh rupees. It's exorbitant for an individual
to bear. However, it could be shared equally within a group of the
affected officers. Larger the group, less the amount per head. By a
broad reckoning and calculating miserly, even if an officer gets; say
pension of Rs 30,000 per month he/she will recover the spent amount
(as per present value of rupee) with about three months pension.
It's learnt that the
process takes three to four years. Now, think of those 'wait and
watch' types. They too will have to indulge in the process of the
same duration. It is tantamount to postponing the gain by about four
years; even if the process starts on very following day of the final
verdict, in the first case.
I guess this much is
enough for the prudent ones to make up their minds to ensure/enhance
financial security/comfort of own as well as of spouses, in old age.
Some years ago
several employees, of other govt departments, who had more than ten
years of service had approached the courts for pension. (Of course, they
were aided by unions/associations of respective employees' unions.)
They succeeded and pension rules in almost all other departments had
been changed and made favorable to the affected employees. If the
justice to them is accepted by the govt, why injustice to defense
forces people?
A news piece showing
two rulings by courts in respect of employees of other govt
departments is shared, for your perusal, underneath.
Below is English
translation of a news cutting from the most prominent and widely
circulated Gujarati daily named "SANDESH", published in
Gujarat. Although, the date of publication is not known the date of
writ petition, i. e. 18 December 1998 may suffice to find the
reference and confirm rulings.
======================================================================
"ONE
CAN GET PENSION IF HE/SHE HAS COMPLETED TEN YEARS OF SERVICE.”
Ahmedabad,
Tuesday. In cases of Om Prakash Mourya v/s Central Govt in the
jurisdiction of Allahabad high court (Lucknow bench) AND Sarala D
Watekar (or Vatekar) v/s Maharashtra State in Mumbai high court, writ
petition of 18 December 1998, it has been ruled that 'even if a
person resigns after completion of ten years of govt service he/she
should be deemed to have "retired" AND he/she as well as
his/her family have right to pension as per rules'.
So far as it relates
to this matter, the central govt, other govts and
institutions/organizations, wherein pension rules are applicable,
must as per the rules submit claims (for pension) in similar (as
quoted in above para) cases. This matter has also got acceptance from
the Supreme Court.
Retired Customs
Superintendent Shree R. P. Karandikar and Kumudini R. Karandikar have
informed that similarly affected persons be made permanent members of
union and case of each person be launched for financial welfare of
the person and his/her family."
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A group of the
affected officers has already been formed and is getting added to. If
you or/and any one else is interested in the felicity kindly inform
me at this blog as well as at <majorbhosale@yahoo.com>
or 'Major Vijay Bhosale' on facebook.
