DOPT defination of EXSERVICEMAN OPEN injustice to TERRITORIAL ARMY OFFICERS
Lt COL R S shekhawat
(Querist) 26 April 2011
This query is : Resolved
Indian Army is composed o those who have undertaken definite liability for military service, viz, combatant troops, administrative service/departments
and enrolled non-combatants-
The Army Comprises of-.
The Regular Army;
The Army Reserve
& The Territorial Army
services of Territorial army personnel in comparison to other Indian armed FORCES personnel is neither inferior nor services required by the Indian Armed Forces are superior to Territorial army
Existing definition, laid down by the Department of Personnel & Training(DOP&T), Ministry of Personnel, Public Grievances & Pensions, which has been in vogue since 01 Jul1987,
Ex-servicemen;-
;-Who has served in any rank whether as a combatant or non- combatant in the regular Army, Navy or Air Force of the Indian Union but does not include a person who has served in the Defense Security Corps (DSC), the General Reserve Engineering Force (GREF), the Lok Sahayak Sena and the Para Military Forces
-The personnel of Territorial Army (TA) who are pension holders for continuous embodied service, persons with disability attributable to military service and gallantry award winners released on or after 15 Nov 1986 are eligible to status of ex-servicemen.
Pension & Gallantry award ;- are the compulsory criteria - for the personnel of Territorial Army to attain the status of Ex serviceman which can neither be assured Nor Guaranteed & seems practicably unfeasible abiding the Role\ service concept of Territorial ARMY
Most prominent grievance suffered by Honorably retired officers of TERRITORIAL ARMY ;- -after having served under the same pay band \ rank structure. Governed by the same ARMY Pension Rules,\ Regulation’s .Awarded Gratuity (alike Ex SSCO \ ECO) at par with All those honorably released from Indian military service constitute one class.
It is not LEGAL to single out certain persons of the same class for differential treatment. Denial of Ex-Service men status and ensuing benefits has created a class within a class amongst ALL honorably retired service personnel’s without rational basis and, therefore, becomes arbitrary and discriminatory.
As per GOI, DG E&T .ministry of LABOUR & EMPLOYMENT
service manual part1 National Employment Service Manual Part.I /Vo l.
I page 75 para-11.38
Normally two types of personnel are employed in the Territorial Army, those employed on a part-time basis , and those employed on a full-time basis on the permanent establishment. Obviously, persons falling in the first category and discharged from the Territorial Army should not be considered as Ex-Servicemen e.g - TA personnel’s of NON INFANTRY units called -Departmental TA units of Railway, IOC, ONGC, Telecommunication and General Hospital etc
TA Persons engaged on the permanent staff of the Territorial Army service for varying periods, and on discharge some of them revert to part-time employment in the Territorial Army itself. This part time employment only means a period of training, the duration of which may range from 30 to 60 days in a year. Persons *who serve on the Permanent staff for a period of Six months or more and who on discharge revert to part-time employment in the Territorial Army are to be considered as Discharged Central Government Employees.
TA persons* who are engaged on the permanent staff for a limited number of years should be considered as Discharged Central Government Employees
Exclusion from the definition of Ex-Serviceman for such TA officers* who had honorably been Released\Discharged\Retired with Gratuity alike Non pensioner SSCO \ECO is highly illegal and against the directive of. Govt of India ministry of labor & EMPLOYMENT guidelines of Director general Employment & training.
Officers in the TERRITORIAL ARMY are holding commission ,granted by the president of INDIA with designation of Rank corresponding to those of Indian commissioned officers of the regular Army , Granted Gratuity on their honorable retirement\ Discharge\Release after 05 years of aggregate embodied service / or 10 years of commissioned service alike Non pensioner SSCO\ECO
Yet are not granted EXSERVICEMAN status
ON CONTRARY
Non pensioner Short Service Commissioned Officers . are treated as Ex-servicemen, on their discharge with Gratuity after 05 year commissioned service. inclusive of their pre-commissioning training period as CADET.
Honorably retired officers of TERRITORIAL ARMY are awarded Gratuity at par with All retiree of Indian Army which constitute one class. It is not LEGAL to single out certain persons of the same class for differential treatment. Denial of Ex-Service men status and ensuing benefits has created a class within a class amongst ALL honorably retired officers without rational basis and, therefore, becomes arbitrary and discriminatory.
judiciously commissioned Officers cashiered\ court marshaled \ discharged dishonorably on disciplinary grounds from Indian Armed forces are denied of Ex-Service men status and ensuing benefits
Lt COL R S shekhawat
(Querist) 26 April 2011
sir
please advice how to challange this defination of EXSERVICEMAN of DOPT
for including HONORABALLY released\discharged TA officers with GRATUITY alike non pensioner SSCO in the perview of EXSERVICEMAN
as per ARMY pension regulation Part-I 1961;- Gratuity is an kind of pension However, honorably released with Gratuity from TERRITORIAL ARMY are excluded from consideration as Ex-servicemen without any valued reason
Guest
(Expert) 26 April 2011
Dear Col. Shekhawat,
As every clarification issued by DOPT does not reach in hands of every person, so I would like to suggest you to take up your points of doubt with the DOPT through RTI for clarification and ask for copies of orders, if issued for the benefit of the EX-TA Personnel and addressed to the Central Government Departments, Bureau of Public Enterprises (for communication to the Central PSUs) and the States, etc, whichever required.
This would be quite an honourable way to get the right information in the interest of the honourable T.A. Personnels. Let other TA Personnel should also get benefitted through your efforts.
Lt COL R S shekhawat
(Querist) 29 April 2011
sir
i had filed complaint to DOPT in nov 2010 reg no DOPAT\E|2010\00308
the status still shows online as on date is with RTI division & reservation
in north block with concern Director.
i also spoke to PA & to officer but----
Lt COL R S shekhawat
(Querist) 29 April 2011
even on line complaint cell of H.E president of India but no response
i had emailed to many Govt web concern PIO & grievances dept cell al just --away in administrative jungle
DGR ex man cell of ARMY is again defunct
Lt COL R S shekhawat
(Querist) 07 July 2011
SIR
PLEASE CLARIFY WHETHER SERVICES RENDERED IN PSU BANKS GOVT OF INDIA UNDERTAKING DURING DISEMBODIED WHILE IN TA SERVICE CAN BE ACCOUNTED TOWARDS PENSION VIDE THE GOVT LETTER AS BELOW
LW19/Pension cases
CDA(O)
Golibar Maidan,
Pune – 411001
To
Addl. Dte Gen TA
GS Branch
IHQ of MOD(Army)
“L” Block, New Delhi-110001
Sub: Counting of Pre-Commissioned Qualifying Service For Grant of Pension to
TA Officers.
Ref; Your Lr No. 46347/Pens/TA-4 DT 16/01/2009
-*-
With reference to the above letter, you are requested to forward the full detils of the officers along with CDA A/C No. Personnel No and Name of the officers. It is further intimated that the cases regarding counting of Pre-Commissioned Service for Qualifying Service for Pension to TA Officers may be dealt with as per AO 56/2001.
2. As the AO 56/2001, PCDA (Pension), Allhabad is the authority responsible for counting of Pre-Commissioned Service in r/o TA Officers. Hence, you are requested to appraise all the Units / Formations of TA to adopt the procedure stipulated in ibid AO.
a) Former Service in Army, Navy or Air Force irrespective of regular, SSC or emergency commission:
Claims for counting of former service for pension will be submitted to the office of PCDA (Pension), Allhabad through staff channels concerned on the form prescribed in AO 56/2001 and will be accompanied by following documents
a) Record copies of Sheet Roll or Service Book, which ever was being maintained, along with Enrollment Forms completed in all respect including no and date of “Gazette Notification for grant of commission respect of pre-commissioned service.
b) Authenticated documentary evidence, if any, pertaining to previous pre-commissioned service.
c) Certificate from the officer regarding non-forfeiture of any portion of pre-commissioned service duly countersigned by the Record Officer / Head of the Office.
d) Certificate regarding non-payment of any terminal benefits for the pre-commissioned service.
e) Details of refund of any amount gratuity in r/o his former service with interest at the rate of DSOP Fund rates applicable from time to time
b) Former service in Civil Department of Central Government and
c) Service in Central Government Civil Department during disembodied period while in TA’ Service :
Claims for counting of former Civil Service, for pension will be submitted to the PCDA (Pension), Allhabad through Head of the Office concerned on form prescribed in AO 56/2001 along with following documents
a) Service Book and certificate regarding non-payment of any terminal benefits for the Pre-Commissioned service.
b) Certificate from the Officer regarding non-forfeiture on any portion of pre-commissioned service duly counter signed by the Head of the Office is also to be enclosed.
c) It should also be verified that individual has refunded any amount of gratuity in respect of his former service with interest at the rate of GPF rates from time to time.
3. After approval, PCDA (Pension), Allhabad will dispatch the authority for assessment of Pre-Commissioned service along with Sheet Roll / Service Book to the Record Office / Head of the Office concerned and the Min of Def for published in the Army List. The copies will also be dispatched to CDA (O), Pune and Army Headquarters, New Delhi respectively.
4. Copy of AO 56/2001 is enclosed for reference.
Sd/-
(S.Y. RANADE)
ACCOUNTS OFFICER
Copy to :
1) PCDA (Pension), --For information and necessary action
Draupadi Ghat
Allhabad
2) TA Group Headquarters --For information and necessary action
Central Command,
PIN – 900354
C/O 56 APO
3) Concerned Officers -- For information and necessary action
