Military Diploma + 10 years Experience No Longer Equivalent to an Engineering Degree

40-year-old ‘fake notification’ on veterans struck down

https://timesofindia.indiatimes.com/city/chandigarh/40-year-old-fake-notification-on-veterans-struck-down/articleshow/62216406.cms

Finding a 40-year-old notification issued by the Central government, equating an engineering diploma and 10-year service in defence forces to bachelor's degree in engineering fictitious, the Punjab and Haryana high court on Friday ordered the Haryana government to withdraw benefits availed of by ex-servicemen on the basis of the said notification.


The order will have a huge ramification across the country as a large number of ex-servicemen with a diploma in engineering and appointed junior engineers in various states were promoted to higher posts on the basis of the notification, allegedly issued on May 26, 1977 by the Centre.




The high court found that the document used as the notification since 1977 was in fact "an unsigned document and did not qualify even to be termed as an office memorandum."



Justice Ajay Tewari has passed these orders while disposing of a petition filed by Sirsa resident, Salaudeen and several other officers posted as sub-divisional engineers/assistant engineers in the Haryana Vidyut Prasaran Nigam Limited(HVPNL).



The court also ordered the HVPNL to quash its seniority list, which was prepared by considering claims of ex-servicemen on the basis of the "1977 notification" and directed it to reframe the seniority list after withdrawing the benefits granted to the ex-servicemen.



The Haryana government has been given six months to complete the entire exercise.



Fake notification: Quash seniority list of power body, says HC



The court also ordered the HVPNL to quash its seniority list, which was prepared by considering claims of ex-servicemen on the basis of the "1977 notification" and directed it to reframe the seniority list after withdrawing the benefits granted to the ex-servicemen. The Haryana government has been given six months to complete the entire exercise.

In this case, several ex-servicemen had applied for appointment as junior engineers in 2004-2005. At the time, they all had a diploma in engineering and 10 years' experience. They, however, did not claim to be degree holders and were appointed as diploma holders. Six years later, when the case of promotion to the post of assistant engineer was to be considered, the rules provided for a quota of 12 ½% to persons who held a degree or an equivalent qualification. At that stage, the ex-servicemen started claiming that in view of their diploma and their 10-year experience they were entitled to be considered as degree holders in view of the Centre "notification" dated May 26, 1977. Following that, they all were promoted in view of the notification.

Their promotion was challenged by other officers with an engineering degree on the ground that no such notification had been issued by the Centre. Their contention was that by this fraudulent action, the ex-servicemen had stolen a march over them and consequently not only were they required to relinquish that benefit, they are also liable to be proceeded against.

During the hearing of the case before the high court, the Union government stated there is a huge lapse on the part of the government machinery in so much as, for 40 years a particular benefit has been given to many persons without there being any authorisation for the same. The Centre informed the high court it had failed to find any proof of such notification in any government record.

The ex-servicemen, on the other hand, argued that for the past 40-years this benefit was granted to them across the board and withdrawing it at this stage would be extremely unfair to them.

ANTARCTICA EXPLORERS GET DOUBLE THE ALLOWANCE GIVEN TO THE SIACHEN WARRIORS

• Govt. has sanctioned Antarctica Allowance at double the rate of the Siachen Allowance.

• An Army Soldier facing bullets at minus 55 degrees while serving the country at the highest battlefield of Siachen Glacier will get Rs 30000 per month. However a civilian serving the country at minus 55 degrees in the winter at Antarctica where there are no bullets has been granted Rs 60000 per month i.e. double the Siachen Allowance.

• 869 Army personnel have lost their lives on the Siachen glacier due to climatic conditions and environmental and other factors till date since the Army launched Operation Meghdoot in 1984 (In December 2015, Indian Union Minister of State for Defence Rao Inderjit Singh said this in a written reply in the Lok Sabha). How many civilians have died while serving at Antarctica?

• Why this discrimination against the Defence personnel?

NFU for the JCOs/NCOs/ORs etc: Issues much bigger than the OROP

The following issues are much bigger than the OROP; high time the ESM pay attention to them; people are fast losing interest in the orop as Govt. has already given the OROP though in a diluted form:-


1. NFU (non-functional upgradation) for the JCOs/NCOs/ORs. Most of the soldiers retire as Naiks after 17 years of service in spite of the MACP (modified assured career progression) scheme. They get only one/two promotions/financial upgradations. Commissioned officers are assured the rank of Col i.e. minimum 4 promotions. Thanks to the NFU, every commissioned officer will get the pay of Maj Gen after 19 -20 years of service i.e.  6 financial upgradations. On the similar lines, every soldier must get promotion/financial upgradation upto Nb Sub at least in the form of NFU. All civilians get at least 3 promotions/financial upgradations under the MACP scheme. Why is this benefit denied to the soldiers?

2. 70% LPD (last pay drawn) as pension for soldiers as was there upto 1973.

3. Guaranteed employment till 60 for all soldiers. Presently soldiers are retired compulsorily when they reach the age group of 35-40. Thus soldiers are kicked out when they are in their prime of youth and have families to support. Their lives become insecure since there is no guarantee of further employment. Most of them land up doing class-4 jobs like security guards, peons etc. What a great respect given to our soldiers? This is grave injustice done to the soldiers. Even a civilian peon retires at 60.

4. MSP (Military Service Pay) of soldier should be the same as for anyone else and should not be lesser than that of a military nurse. Presently a nurse who is a non-combatant gets the MSP of Rs 10800 per month. However a combatant JCO/NCO/OR gets only Rs 5200. What a great logic!

5. Disability pension, Siachen allowance should be the same for all ranks. 

6. Formation of ex-servicemen commission/ministry  at national and state levels, headed by an ex-serviceman of any rank.