increment for MILITARY COMMISSIONED service
Lt COL R S shekhawat
(Querist) 17 April 2011
This query is : Resolved
sir
iam an serving manager in SAIl
MAJOR R S SHEKHAWAT
09449833730
SAIL VISL bhadravathi
as per GOI MOD letter iam eligible for grant of INCREMENT for the commissioned service renderd prior to joining civil-ie SAIL
sir,
iam i legally eligible to get such increment\benefits
please clarify the same from legal angle
the copy of GOI letter is reprodued as under;-
560/43/TA-(a)/03/00/S(GS-1)
Government of India,
Ministry of Defense,
New Delhi, the 7th Jan 1994
To
The Chief Secretary to
All State Governments/Union Territories .
Subject: Concession & Incentives sanctioned by State
Governments to Territorial Army personnel.
Sir,
This refers to Ministry of Defense letter No.47560/GS/TA/-3(a)/306-B/D(GS-VI) dated 19th February 1985 and letter of even number dated 8th September 1992 on the incentives by State Governments to Territorial Army personnel.
2. Most State Governments have instituted some cash awards/grants for the winners of Territorial Army decorations/Medals. However, these awards were instituted a long time back and have been rendered insignificant by inflation. In many States, this reward is limited to Rs.2500/1500 only. It is requested that this may be revised to a minimum of Rs.5000/- for TA decorations and Rs.3000/- for TA medals. Some State Governments have already made the revision.
3 Government of India had also recommended that the facilities listed below may be considered for Territorial Army personnel. These incentives were listed by a committee which was set up to go into the Territorial Army and are already being given by most State Governments :-
(a ) Grant of 01 increment for every 03 years Territorial Army service, as is being given by the Government of Uttar Pradesh.
(b) Counting of Territorial Army embodied service for purposes of seniority, promotion and other considerations to those entering civil services.
(c) Exemption of Road tax on vehicles owned by Territorial Army personnel as is being given by west Bengal Government.
Yours faithfully,
Sd/xxxx-
(S.K. JAIN)
Joint Secretary (G
Lt COL R S shekhawat
(Querist) 17 April 2011
such GOI letters onGOVT policy as recommended by the parliamentry committe in the National impotance are to be honored & same are duly acknowleded by all PSU - ONGC,IOCL all nationalised Banks etc
as honor to the INDIAN ARMED FORCES
Kirti Kar Tripathi
(Expert) 20 April 2011
yes. you are eligible. you make representation to the authorities. in case, it is not considered, file a writ petition before High court.
Lt COL R S shekhawat
(Querist) 21 April 2011
sir
i need to submit an very TYPICAL &odd case
on grant of EX-serviceman status by DOPT
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.
Denial of EXSERVICEMAN status to Honorably RETIRED (with gratuity ) officers of Territorial army is an open affront to their Reckonable embodied service rendered for national defense,& is wholly arbitrary, discriminatory and violation of Article 14 of the Constitution.
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.
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.
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
SSCO the short service commissioned officers
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
Existing definition, laid down by the GOI 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
substantiation The operational responsibilities & compatibility of the TERRITORIAL ARMY are similar in nature to those of the Regular Army. comparability of Soldiers of TERRITORIAL ARMY and that of Regular Army to fight enemy is lesser to none
The history, composition, administration, organization and role of territorial army clearly shows that TA is an integral part of the Armed Forces and the Members of TA can legitimately be said to be members of the Armed Forces within the meaning of Article 33
Legitimately there exist no difference between Officers Disgraced\cashiered\ court marshaled & discharged on other disciplinary grounds from Indian Armed forces & Honorably released TA officers as both are denied of Ex-Service men status and ensuing benefits
Therefore, is submitted before your good self with a sole aim to bring the most genuine grievances of Honorably Retired \Released\Discharged officers of Territorial Army be included with in the purview of EXSERVICEMAN definition\ status alike Non pensioner ECO\SSCO. having granted Gratuity at par without any valued reason
refer TERRITORIAL ARMY REGULATION 1948
ARMY PENSION REGULATION-1961
DOPT GOI defination on EXSERVICEMAN
Lt COL R S shekhawat
(Querist) 21 April 2011
2.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 - Authority:-Defense service regulation
3.AS PER ARMY ORDER 77/1984 –The Territorial Army is part of the regular Indian Army. The present role of the Territorial Army is to relieve the Regular Army from static duties and assist civil administration in dealing with natural calamities and maintenance of essential services in situations where like of the communities is affected or the security of the country is threatened, and to provide units for the Regular Army as and when required.
4.As per ARMY order 370/1970- Territorial Army Personnel shall be treated as retrenched Central Govt. Employees for purpose of orders contained in M/O Home Affairs No. 4/13/54/RPS dated 14th Jan 1955 provided they have served on the pmt staff of a TA unit or have been embodied for service under TA Rule 33for a continuous period of not less then 6 month for this purpose of Age relaxation their entire period of embodiment (embodied) Service including broken periods in the Territorial Army shall be taken into account.
5. As per TA Act 1948 para 51 MOD\GOI letter no B/55/417/TA/41269/TA4/16/B/C(GS)-I dated15 July 1993- TA officers are on retirement are granted the privilege of retaining their rank alike all Ex- serviceman subject to;- Either having served for 05 years aggregate embodied service in TERRITORIAL ARMY or has 15 years commissioned service
6.As per ARMY ORDER 2/2006;- TERRITORIAL ARMY personnel who have completed 05 years of physical embodied service honorably are Authorized canteen facility on honorable discharge\retirement
7.As per ARMY ORDER 49/2002 appx G;- Retired Officers I.card for Ex TA officers Not in receipt of pension are issued by the respective Army fmn\Area-sub area HQ-unlike by respective KSB\ZSB for non pensioner SSCO\ECO
Territorial Army officers with 05 years of aggregate embodied service are certified for all aforementioned facilities at par with SSCO\ECO
Yet are not granted EXSERVICEMAN status alike Non pensioner SSCO which is highly illogical and against the principle of natural justice & equality
important
TA is a volunteer Force of INDIAN ARMY being an integral part of it, & the function\ Role and organization are similar to those of INDIAN ARMY. .
The Tenure of Officer of Regular Army personnel in TA units is regarded as normal regimental duty and is equated with similar appointments in the Army for the -purpose of promotion, career planning etc. Directly recruited personnel of TA are imparted training at the various ARMY REGIMENTAL Center & Training Establishments in addition to the training given is in respective military infantry TA units. Thus the functions & duties of TA are integrally connected with the operational plans and requirements of the ARMED FORCES and the members of TA are "Integral to the Armed Forces".
The term Part time & volunteer force is subjective, depending on what is considered similar to a Military Force, is considered to have. The nature of TASK therefore varies greatly according to the speaker and the context.
TERRITORIAL ARMY is undoubtedly intended primarily to support the Indian army in its operational requirement. Regular Army personnel are posted in TA units according to a carefully planned manning policy so that TA units can in times of war or hostilities be able to provide effective support to the Army
Since Army Act Sections 3 and 9 are applicable in the case of Territorial army personnel. provisions of aforesaid ARMY ACT 1950 will equally apply in the case of Territorial army personnel, been clarified vide- TERRITORIAL ARMY ACT 1948 Personnel being subject to Army Act, the provisions of Ministry of Defense/ equally apply to them"
There can be no doubt that without the efficient and disciplined operational role of TA .The military operations in border & insurgency effected\militancy infested areas & during peace as also in times of war will be seriously hampered and a highly disciplined and efficient TA is absolutely essential for supporting the operational plans and meeting operational requirements of the Armed Forces. Therefore, it can be said that the members of TA answer the description of "members of the Armed Forces" within the meaning of Article 33 and consequently the application of Section 21 of the Army Act to the members of TA can be said to be protected by that Article and the fundamental rights of the members of TA can be said to be validly restricted by Section 21 read with rules 19 to 21 of the Army Rules.
There is no denying the fact that the TERRITORIAL ARMY play’s an indispensable role in maintaining the national security. its personnel are performing highly arduous and life threatening duties while maintaining vigil on the Borders and carrying out operations against militants, extremists and terrorists for Internal Security all over the Country round the year
The troops of the TERRITORIAL ARMY alike Regular army forces are deployed in inhospitable terrains under adverse climatic conditions in inaccessible areas of J&K at a height of 20,000 feet and in -30 C temperature, the Northeast Regions, deserts of Rajas than as well as the extremists affected volatile States.
than on what grounds is this EXserviceman status is DENIED
were in
same is being granted to GREF,DSC,APS
& to all NON PENSIONER SSCO & ECO
above all NOW
all para military forces CRPF,BSFare demanding it
R.Ramachandran
(Expert) 21 April 2011
Dear Col. Shekhawat,
I have a different take on your demand for 'increments' based on TA service.
This is mainly because, when the minimum required service itself is 10 years in the rank of Captain, I am afraid, SAIL may take a stand that but for the minimum qualification, one would not have been taken in E-4 Grade at all. Thus, having been considered your 10 years past service, and having appointed you to the E-4 grade, probably SAIL may see there is no ground to grand any additional increments. Rather the GOI instructions do not apply to such situations, but entirely in different situations. For instance appointing a person to a post without any minimum past military service. In such cases, the GOI instructions for grant of one increment for 3 years past military service will apply and not otherwise.
Lt COL R S shekhawat
(Querist) 21 April 2011
sir- shri Ramachandran JI
my
selection in SAIL was
.Based on my 13 years of military Commissioned service rendered as INFANTRY officer, Reckonable in the rank of “substantive MAJOR”- & was Directly Selected through open advertisement & Appointed as Manager– Security SAIL VISL , with Basic pay fixation in the Minimum of (Pre revised) pay scale of (E4) Rs17,500-4% - 22,300 against the requirement of -Captain with 10 years of maximum commissioned service. vide- recruitment Advertisement of SAIL VISL in 2008
vide VI CPC
i was holding PAY with GRADE PAY -6600 & MSP 6000 in PAY band 3-15900-39000
more over in PSU
PAY fixation in SAIL as per rule prevailing for commissioned officer are categorically mentioning weightage to military service as per GOI instruction as issued by the GOI time to time
foregoing above
my point is if denied such increment
for my Military service renedred prior to joining SAIL
will it not be judicially an open case of;-
i . Natural injustice & “Arithmetical imbalance”
ii. Dishonoring GOI statutory norms
iii. Disregard of Parliamentary High level committee
iv. Dishonestly denying soldiers legitimate entitlement,
iv. Disrespect of Military Medal’s & Decoration worthily earned after serving the motherland with Honor & Pride.
R.Ramachandran
(Expert) 21 April 2011
Dear Col. Shekhawat,
I think you are missing the whole point.
Suppose there is advertisement calling for applications for appointment to a particular post - without any minimum experience. You with 13 years military service, and another person without any such experience get selected - then according to the GOI instructions, you would be given additional increment based on your past military experience as per the guidelines given by GOI. The other person will not be eligible for any such additional increments, since he does not possess any experience.
But, if the minimum qualification prescribed itself wants 10 years past military experience - you will not even get selected for the post if you don't have that minimum experience. Therefore, only because of your minimum 10 years experience, you were selected to the particular post carrying a particular pay scale in the PSU. Your past service having been given due weightage for selection to a particular post, perhaps SAIL may say that the question of any additional benefit over and above, as per GOI instructions, may not arise.
Lt COL R S shekhawat
(Querist) 21 April 2011
thanks shri RAMACHANDARAN JI
for speedy & prompt reply
actually iam thinking by HEART & not by mind
any way
the matter is still under consideration at SAIL CORPORATE on date
very nice for educating me legally
lastly
The GOI also mention about seniority
BUT sail manual Read NO such seniority for past MILITARY service
can i bid for senoirity in grade E4 with pro rata MILITARY service vide GOI
in contrary to SAIl manual
or no Point in it
please clarify LEGAL angle to it
R.Ramachandran
(Expert) 21 April 2011
If SAIL authorities consider your request and grants you the additional increments, I shall be equally happy. Wish you all the bests.
As regards seniority: What argument applies for grant or non-grant of additional increment would hold good in respect of granting seniority as well.
(A small request/suggestion: I find that you are using the LOGO which is not your personal property. It belongs to an Organization. Therefore, it would be adviseable not to use (misuse) it. If you wish, you can have your own LOGO.)
