Sanjha Morcha

Capt joins veterans against pay anomalies

Capt joins veterans against pay anomalies
PPCC chief Capt Amarinder Singh (left) with members of ex-servicemen organisations during a march in Chandigarh on Thursday. tribune photo: Manoj mahajan

Tribune News Service

Chandigarh, September 15

Punjab Pradesh Congress Committee president Capt Amarinder Singh today joined the defence veterans’ march to Governor VP Singh Badnore to submit a memorandum. They stated that they supported the stand taken by three defence services’ chiefs against the alleged bias against defence personnel in the Seventh Pay Commission.The march was led by Lt Gen (retd) SS Brar, the seniormost amongst the veterans.Senior Congress leaders Ambika Soni, Asha Kumari and Harish Chaudhary too participated in the march.The memorandum addressed to the President, who is also the Supreme Commander of the Armed Forces, read, “The community of veterans across the country fully endorses the stand taken by the Chiefs of Army, Navy and Air Force with regard to the recommendations of the Seventh Central Pay Commission.”Capt Amarinder said such repeated “wrong” steps on the part of the government demoralised the defence forces. He said India could not afford to do that considering it had “a belligerent China and a mischievous Pakistan” as its neighbours. “Just because our soldiers are disciplined does not mean their rights should be trampled upon,” he said, saying that the anomalies should be removed at the earliest.

 
unnamed (1)
L to R –Lt Gen JS Dhariwal, Lt Gen SS Brar,Ms Ranjit Dayal w/o Late Lt Gen Ranjit Dayal
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R to L—Capt Amarinder Singh.Ms Ambika Soni w/o Naval Officer,Ms Asha kumari daughter -in -law of 16 Dogra officer,Lt Gen TS Shergill,

unnamed (3) unnamed (4) unnamed (5) unnamed (6)

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Lt Gen SS Brar,Capt Amrajit SIngh,Capt Amarinder singh

AMARINDER MEETS COLLEAGUE AFTER 53 YRS, TURNS NOSTALGIC

SAMRALA (LUDHIANA): Punjab Congress chief Captain Amarinder Singh’s joy knew no bounds when he met his colleague, ex-serviceman Balbir Singh of Machhiwara, after 53 years at ‘Halke Vich Captain’ in Samrala on Saturday.

Balbir who retired from the 2 Sikh, served in Amarinder’s platoon in 1963. When his name was called for asking a question to Amarinder during the question-answer session, Balbir said, he only desired to meet Captain, and his wish has been fulfilled.

Taken by surprise, Amarinder called Balbir, who was sitting in the audience, to come to the front row from where he was taken to the stage. The former CM asked for the chair and made Balbir sit along with him.

“It is indeed a moment of great joy for me to meet a colleague after 53 years and that too in the best of his health,” said the state Congress chief.

When Amarinder asked Bablir if he could do anything for him, he replied: “I only pray that Captain becomes the chief minister again. It will be in the interest of Punjab and ex-servicemen.”

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ILLEGAL DEDUCTION OF INCOME TAX ON DISABILITY PENSION

Law Office of :NAVDEEP   SINGH

Advocate, Punjab & Haryana High Court

Office- cum-Residence : # 1063, Sec 2, Panchkula – 134112, HaryanaPhones : 099888-LEGAL, 093161-32817

Email : navdeepsingh. india@… Your reference :                                                                         Our  reference :

To:Chairman- cum-Managing Director (CMD)State Bank of India, Mumbai                        

01 September 2016  ILLEGAL DEDUCTION OF INCOME TAX ON DISABILITY PENSION BY THE STATE BANK OF INDIA IN CONTRAVENTION OF DIRECTIONS OF THE GOVT 

 1.    Shocking instances have come to light wherein your bank has indulged in deduction of Income Tax at source in case of Disability Pensioners. On further inquiry, it has been informed that the action is based upon some ‘advice’ rendered by a Chartered Accountant that income tax exemption is only available to those pensioners who have been invalided out before completion of their service for normal pension, that is, those released earlier than 20 years in case of Commissioned Officers and 15 years in case of ranks other than Commissioned Officers, and that the said exemption is not available on the service element of those who have been released/retired/ discharged with a pension after serving more than 20/15 years of service as above. 

2.    Firstly, your attention is invited to Instruction No 2/2001 issued by the Central Board of Direct Taxes in this regard which amply explains the issue (Appx A). Your attention is also invited to Paragraph 88.3 of the Pension Payment Instructions issued to all your banks by the Government (Appx B) which leaves no scope of doubt regarding exemption of income tax from the entire disability pension, including service element. Moreover, the interpretation of your bank in this regard is absolutely incorrect, absurd and militates against the rules and norms promulgated by the Government as above. It may be recalled that Income Tax exemption on complete disability pension is available to defence personnel since the 1920s.

 3.    On discussion, it emerges that the confusion has been created due to the terminology of ‘Service Element’ which is hereby clarified for your benefit in the following lines. Disabled personnel who are granted disability benefits at the time of release from service are known as Disability Pensioners.  The said Disability Pension consists of two elements- service element and disability element. Both elements taken together are known as Disability Pension. There is no minimum qualifying service required for the grant of Service Element with effect from 01 January 1973. The calculation of service element however is different in cases of those personnel released from service before completion of pensionable service limits vis-a-vis those who are released on completing pensionable service limits. In case of the latter, the service element is granted at a rate equal to Service Pension. The fact that the pension granted for service in both cases is known as Service Element becomes clear from a bare perusal of Regulation 183 of the Pension Regulations, 1961, which contains two clauses, that is, 183(1)(a) for those who are released with sufficient service to earn a pension, and 183(1)(b) for those who are released before completing sufficient service to qualify for normal service pension. The said Regulation is enclosed as Appx C. Please note from the Regulation that in both cases the service part of the pension is known as Service Element. Even the normal service pension rates reflected under Regulation 183(1)(a)(i) are categorized as ‘Service Element’.

 4.    The fact that the service part of pension, whether a person is released prior to completion of service limits or after completion of service limits (20/15 years), is known as ‘Service Element’ also becomes clear from a perusal of the recent Circular No 554 (Appx D) issued by the Principal Controller of Defence Accounts (Pensions) to all banks, including yours. Paragraphs 1(i) and (ii) and then 1(iv) & 1(v) as well as Paragraph 6 of the same clearly stipulate that in case of disability pensioners, the amount of service part of the pension is known as ‘Service Element’ irrespective of the fact whether a person has lesser or more than 20/15 years of service. In simple words, the service element of pension in cases of those disabled personnel who have completed pensionable limits is equal to normal service pension, but being disability pensioners, it is nomenclatured as ‘Service Element’.

 5.    Even otherwise, it would be important to point out that disabled personnel released prior to completion of pensionable terms as well as those who are released on completion of terms or at own request are all treated at par as far as disability pension is concerned. In fact, all those who are in low medical category at the time of release are to be treated as ‘invalided’  as per rules (Also Appx C) as has also been held as per interpretation of teh pre-existing rules by the Hon’ble Delhi High Court in CW 2967/1989 Mahavir Singh Narwal Vs Union of Indiadecided on 05 May 2004 as affirmed by the Hon’ble Supreme Court in SLP 24171/2004 on 04 January 2008 and also in the recent decision of the Hon’ble Supreme Court in Civil Appeal 11208/2011 Union of India Vs Angad Singh Titaria decided on 24 Feb 2015.

 6.    In view of the above, you are requested to inform all your branches to cease and desist from flouting guidelines of the Central Board of Direct Taxes in this regard and direct them to honour income tax exemption on both service as well as disability elements of disability pensioners as was being done till now. It may be appreciated that the opinion of your Chartered Accountant cannot override existing law and rules that have been followed since times immemorial.

 7.    You are requested to issue directions to refund the illegally deducted amount to all affected disabled pensioners within a period of 7 days from the receipt of this letter. 

 Thanking You 

Sd/-Navdeep SinghAdvocate, High Court Enclosed: As above


Initiate dialogue with all stakeholders in J&K: All-party team

Initiate dialogue with all stakeholders in J&K: All-party team
The team led by Rajnath Singh says no compromise on national sovereignty. PTI file photo

New Delhi, September 7

The all-party delegation (APD) that visited Jammu and Kashmir this week on Wednesday asked the Central and the state governments to take steps for a dialogue with “all stakeholders” but asserted that there can be no compromises on the issue of national sovereignty.

The members of the delegation, headed by Union Home Minister Rajnath Singh, met here today and discussed the outcome of their interactions with the civil society, political parties and government officials during the visit on September 4 and 5.

A unanimous statement of the APD released after the meeting appealed to the people of the state to shun the path of violence and resolve all the issues through dialogue and discussion.

Without making any reference to separatists, including Hurriyat Conference, the statement asked the Central and state governments “to take steps for a dialogue with all stakeholders”. While some Opposition leaders met Hurriyat Conference leaders lodged in various sub jails, hardliner Syed Ali Shah Geelani refused to meet them.

Expressing serious concern over the prevailing situation in the state, the statement said the members of the delegation were of the view that there is no place for violence in a civilised society.

“There can be no compromises on the issues of national sovereignty,” it added.

The meeting asked both the governments to take steps to ensure that education institutions, government offices and commercial establishment start functioning normally at the earliest.

They requested the government to take effective steps to ensure security for all citizens and provide medical treatment to citizens and security personnel injured in agitation.

Congress’ Mallikarjun Kharge said although there should be no compromise on national security, all stake-holders should be included in talks for a political resolution.

After the meeting, CPM general secretary Sitaram Yechurry said that he had favoured some confidence-building measures immediately, which included banning the pellet guns, medical help to the injured and probe alleged excesses by the security forces.

The measures include compensation to civil victims of violence, withdrawal of use of pellet guns, announcement with regard to withdrawal of AFSPA from civil area and implementation employment generating schemes on war footing.

What they asked for:

  1. Political dialogue with all-stakeholders, including Hurriyat leaders
  2. Stopping use of pellet guns and ensuring complete treatment of injured persons
  3. Crackdown on weekly hartals to bring law and order situation back to normal
  4. Stop radicalisation of youths through madarsas and mosques
  5. Left parties wanted withdrawal of AFSPA from civilian areas — PTI/ TNS

Hanoi reciprocates, makes New Delhi a strategic partner

Simran Sodhi

Tribune News Service

New Delhi, September 3

Prime Minister Narendra Modi’s one-day visit to Vietnam today, en route to China to attend the G20 Summit, saw India and Vietnam upgrading the bilateral relationship to that of a “Comprehensive Strategic Partnership”.Vietnam had a comprehensive strategic partnership only with Russia and China so far. Defence and security ties were the highlight of the trip, which is bound to upset China which is already wary of Vietnam’s resistance to its expansion plans in the South China Sea (SCS).Sources said Vietnam expressed its “appreciation of India’s principled stand on the South China Sea issue”. It is also learnt that Vietnam asked for greater Indian participation in oil and gas sectors in its country.India also announced a new defence credit for Vietnam of $500 million. China is currently at loggerheads with the Philippines, Vietnam, Taiwan, Malaysia and Brunei over ownership of territory in the SCS. India has consistently taken the stand that it supports freedom of navigation and all disputes must be resolved according to international law.One of the highlights of the visit was the signing of the contract for ‘Fast off Shore Patrol Vessels’ between India and the Vietnam Border Guards under a $100 million line of credit which India had given earlier to Vietnam. Sources said Nguyen Phu Trong, General Secretary of the Communist Party of Vietnam, thanked Modi for India’s support to Vietnam’s armed forces and told the PM that both countries should “intensify coordination in regional and multilateral fora”.After his meeting with Modi, Vietnamese Prime Minister Nguyen Xuan Phuc said: “(We) discussed matters concerning the East Sea.”He said all sides must “peacefully solve East Sea disputes based on international laws” when asked about various sovereignty claims in SCS. Later today, Modi reached China to attend the G20 Summit. He is expected to meet Chinese President Xi Jinping tomorro

Indians greet PM in China

  • Hangzhou: A group of Indians on Saturday gathered at a hotel here to greet Prime Minister Narendra Modi as he arrived in this Chinese city for the crucial G20 summit. The Prime Minister was greeted with chants of ‘Modi, Modi’ by the group of Indian men and women when he reached the hotel. The group came from neighbouring Yiwu, the commodity hub which has several hundred businessmen residing there. PT

Jalandhar’s Lt Gen Ranbir Singh is man of the moment

CHANDIGARH: Brilliant soldier, thorough professional and gentleman to the core are how course mates and colleagues describe Lt Gen Ranbir Singh, 57.

PTIDirector General Military Operations Ranbir Singh addressing a press conference in New Delhi on Thursday.

In a break from tradition, the director general of military operations (DGMO), who planned the Indian Army’s surgical strikes against terrorists and their handlers in Pakistanoccupied Kashmir on Thursday, briefed the media himself. In doing so, he became the face of the army and the man of the moment.

“Unlike the briefings during the Kargil war when the army spokesperson addressed the media, this time we heard it straight from the DGMO,” says Chandigarh-based Col Avnish Sharma (retd), a course mate of Lt Gen Ranbir Singh at IMA. “He is the first infantry officer after former army chief General K Sundarji to command an armoured division. It is a huge feather in his cap. It speaks volumes about his competence and versatility,” he adds.

Lt Gen Ranbir Singh commanded 33 Armoured Division at Hisar in 2012. He has served as a colonel and brigadier in the directorate general of military operations, the nerve centre of military policy, planning and conduct of operations.

PUNJAB CONNECT The general belongs to Jalandhar and is an alumnus of Sainik School, Kapurthala. He passed out of the Indian Military Academy, Dehradun, on December 13, 1980, and was commissioned in 9 Dogra, which he went on to command.

Brought up by his uncle, Colonel Manmohan Singh (retd), after his father’s death at an early age, he excelled in academics throughout. “Ranbir was always a topper be it at school or in military courses. He faithfully followed my advice and remained a teetotaller,” says Col Manmohan Singh, who is the deputy director of sainik welfare in Jalandhar.

The family belongs to Ambala Jattan village near Garhdiwala in Hoshiarpur district but is now settled in Jalandhar.

APPROVED TO BE CORPS COMMANDER Though his juniors have taken over command of corps, Lt Gen Ranbir Singh, who is also approved to command one in a month or two, has been retained in his present post because of the competence and professionalism he brings to the job at this critical juncture.

Lt Gen Ranbir Singh, who served with UN missions in Angola and Rwanda, graduated from the Defence Services Staff College at Wellington before taking command of his battalion, 9 Dogra. After commanding a brigade, he did a year-long course at the Royal College of Defence Studies in the UK.

He has also served on the Faculty of Studies at the Army War College, Mhow, after doing the higher command course.

The ever-smiling general is fond of reading and a good golfer.


Afghanistan defends India’s surgical strikes in Pak-occupied Kashmir

Afghanistan defends India’s surgical strikes in Pak-occupied Kashmir
Afghanistan was among the countries that pulled out of the SAARC summit. AFP

New Delhi, September 30Afghanistan on Friday backed India’s surgical strikes on terror launch pads in PoK, terming it an act of “self-defence” and in a strong message to Pakistan asserted that the time had come to take “tough” and “risky” decisions to deal with the menace of terrorism.Afghanistan’s Ambassador to India Shaida Abdali said his country did not make distinction between terrorist groups and was against all such organisations that pose a danger and threat to any country in the world.(Follow The Tribune on Facebook; and Twitter @thetribunechd)When asked about Afghanistan’s stand on the surgical strikes undertaken by India in PoK, Abdali said, “We hope that no one will allow its territory as a safe haven for terrorists to be used against neighbouring countries.”      “If terrorist groups continue to exist without action, no wonder self-defence against such terrorist groups will be in the form of action that we saw,” he said.Abdali said it was “high time we take tough decisions” and they may be “risky” but are needed to be taken to end terrorism.After India, Afghanistan was among three other countries which pulled out of the SAARC summit to be hosted by Pakistan.The Afghan envoy said he could see Prime Minister Narendra Modi taking “bold decisions” and emphasised that there was a need for the leaderships in the region and the governments to take bold decisions and “risks in order to free ourselves (from terrorism) for good”.Asked about the situation in Balochistan and the human rights violations there, Abdali said, “We have a problem of terrorism and Balochistan is our neighbour. We are being affected from our neighbourhood. Terrorism exists and at the same time people suffer there.”“We want to fight terrorism for the sake of all of us. For the sake of the common people of Pakistan, for the Balochis there and for all others living there, especially the Pashtuns. So we would like to end the atrocity, the wars in whatever forms there may be in order for the people to live freely,” the Afghan envoy said. — PTI


Cross-LoC raid was ordered around Wednesday noon —–Target was shoot to kill

Cross-LoC raid was ordered around Wednesday noon
Indian army soldiers keep guard on top of a shop along a highway on the outskirts of Srinagar, September 29, 2016. Reuters

Ajay Banerjee

Tribune News Service

New Delhi, September 29

It was around noon on Wednesday that Prime Minister Narendra Modi sanctioned the military strike across the Line of Control (LoC) to destroy terrorist camps located in Pakistan Occupied Kashmir (PoK).

Troops from the 4 and 9 para special forces were used in the operations.

Over the next 16-17 hours, the dynamics kept changing and ended when the Indian Army team reported back successful around 4.30 am on Thursday. The top brass of the political establishment was informed that the operation was a success.

(Follow The Tribune on Facebook; and Twitter @thetribunechd)

Though cross-LoC military action has been done in the past, the first public announcement of such move came on Thursday morning when Director General of Military Operations (DGMO) Lt Gen Ranbir Singh announced this at a press conference.Top sources explained to The Tribune that a military move was ordered in two parts that would be spread across an arc of 250 km. The targets were seven terrorist launch pads at five locations across the LoC that included the Lepa valley, Tatta Pani and Bimber.  The first was to fire artillery guns across the LoC, including from a location near Uri–close to the same place where terrorists had killed 18 Army soldiers on September 18. The second was to use the confusion caused by the artillery fire to sneak in troops from pre-decided spots across the LoC by using the several ingress routes.As the artillery opened up, three separate teams of heavily armed soldiers of the Indian Army crossed over to the PoK, they were backed by UAV’s providing live footage to the Northern command in Udhampur, the tactical headquarters of the three Army divisions at Baramulla, Kupwara and Poonch.The orders were clear “just shoot to kill…don’t leave behind any injured soldier…be quick and destroy everything”. The troops needed to surprise the terrorists in these camps.The actual operation lasted four hours that is it commenced around 12.30 am on Thursday and ended at 4.30 am on Thursday. Around 2 pm on Wednesday, the special teams had been asked to move forward. Helicopters dropped teams at advanced pre-decided locations.  From afternoon till nightfall on Wednesday, briefings were conducted, and troop leaders given clear instructions. The go-ahead to cross the LoC was for midnight; in the meantime, the artillery fire had distracted the Pakistani troops.The Indian Army troops were carrying heavy firing capability that included shoulder-fired weapons.Around 5 am on Thursday, the Pakistan Army retaliated with artillery fire and around 7.30 am US National Security Adviser Susan Rice called up Indian NSA Ajit Doval


Game Of InceptionOur columnist puts himself in Raheel Sharif’s shoes::::—–SYED ATA HASNAIN

How rapidly the situation changed in Kashmir in the last two months! Burhan Wani’s death, the campaign of mayhem on the streets and the Deep State’s success achieved in paralysing governance has turned on its head all parameters of normalcy that we were examining at one time. Senior army officers were confessing to me in April this year that it was going to be a hot summer; and I was completely in agreement with them. There were straws in the wind but we could not clutch them all to create the proverbial stick, which could give some indication of what was to come. Triggers can hardly be predicted, but once they occur, it’s always good to remain ahead of the adversary’s decision loop.
The Army teaches its students that when stuck with a problem of assessing what may happen just go back to imagining you are on the enemy side. That is what needs to be done more often when dealing with an intractable, wily, unpredictable and irrational adversary such as Pakistan.

With little time on his hands to do something to be remembered by, Sharif created a situation on the lines of Zia-Ul-Haq’s 1977 plan.

Looking at the summer of 2016 unfold, Raheel Sharif’s advisers and the Deep State in Pakistan would have been worried. On two of the three focus areas, things weren’t going well; Afghanistan and Kashmir. On the third front—internal security within Pakistan, there was a hope emerging. Pressure was building from the ‘friendly terrorists’ that they would all soon become unemployed unless the ropes were loosened by the ‘authority’; that a situation crafted right from Zia-Ul-Haq’s diabolic plan, conceived in 1977, would come unstuck. Then there was the issue of Raheel Sharif’s own credibility. He had little time on his hands to do something to be remembered or, better still, create a situation which would cry for his extension. Zia’s plan had been clear; retribution for 1971 with slow painful strikes in India over an elongated time under a nuclear shadow to neutralise asymmetry; this would create conditions for the required build up of sub-nationalist and pan Islamic passion among the Kashmiris, which would lead to the inability of India to hold on to J&K by force or otherwise.

Over a period of time, the Pakistani strategic leadership had succeeded in promoting in the minds of the Indian strategic community that there were red lines which would invite a nuclear response of undetermined proportions to defend Pakistan’s inter­ests, should India ever choose the military opt­ion. To bolster this and blur the lines of potential Indian decision making, acts of irrationality were executed imposing further caution. This created a ‘false’ sense of security within Pakistani decision makers that they had succeeded in limiting India’s response options in terms of escalation. Perhaps Musharraf’s bluff of 1999 and India’s decision not to cross the LoC or expand the ambit of the Kargil War added weight to the perception; in reality Vajpayee achieved much more through his decision than is perceived by many.

Cut back to 2016. Infiltration was becoming a problem with the strong Indian counter infiltration grid and the terrorist strength was insufficient to achieve anything of substance. The political situation wasn’t really progressing in Pakistan’s favour. The perception that the BJP-PDP alliance would fall apart after Mufti Sayeed’s death did not emerge. Mehbooba Mufti came to power on a BJP-PDP combine and there was a general silence on the touchy issues with Jammu politically quiet, as if to give governance a chance. This was dangerous. The parties were supposed to be ideologically poles apart and if this political coalition worked, it could succeed in stabilising the security situation and resume a development agenda; every element of this was dangerous for Raheel Sharif and the deep state. If something was not done quickly, it would get even more dangerous. Raheel, probably a believer in the maxim that fortune favours the brave, could hardly perceive a potential action which could be classified as bravado.

Just then, Burhan Wani was killed in an encounter. Raheel had probably not perceived how passions would be let lose on Kashmir’s streets by this event. The sleeper cells in Kashmir, the selected and identified surrendered terrorists, the other rabble rousers such as the bar council, the innumerable overground workers and the army of agents of the Hurriyat spread all over the Valley in towns and villages, all needed to come back to life. Infusion of finances was the key. It had already been done; more had to follow. However, even more than that, the lessons of 2010 clearly indicated that there were two aspects which prevented the agitation going the whole way; the strong-pro India performance of the J&K Police and the inability to take the agitation to the rural areas. Orders for this went out immediately and the feedback was that both issues were appropriately addressed.

The next issue which was a concern in 2010 was the stamina of the street turbulence; it would again have a finite limit. Thus, it was important to breathe oxygen into it by some high profile terror acts, which were not possible in the hinterland. This trigger could thus be an act such as this near the LoC, with infiltration from an unconventional route. Tangdhar had been twice unsuccessfully attempted. The finger pointed towards multiple targets with at least one being successful. Then the strike on the HQ 93 Brigade, Poonch, was attempted but failed. Uri was the next natural choice and success came unexpectedly due to the circumstances, adding to Raheel’s belief about the ‘brave’, although as a soldier he knew this was a sneaky and deceitful act and not a brave one. The success being greater than anticipated created a problem with nationalism coming to the fore in India and demands for retribution.

Raheel was now worried. The strategy had always been to keep these sub-conventional operations within India’s limits of tolerance. Circumstances beyond his control had created this situation. The Indians were baying for blood and were sounding more coherent in the spelling out of response options. What assured him was the history of India’s lack of response but what equally worried him was the possibility of India’s political and military leadership attempting something completely irrational, outside the purview of known attitude.

As an infantryman, he knew that the Indians resp­onded quickly and decisively to rogue actions. If they decided to up the ante by striking deeper, he would need to strike back with no guarantee of success. This could spiral out into major exchanges and the Indians would want to do something bigger each time. The PAF could give him no guarantee that they could take on the Indians effectively. What the Pakistan Armed Forces were used to was a lot of bluster based upon the sold perception that the Indians just lacked the spirit to respond. None of this would lead to the liberation of Kashmir and his own reputation was likely to be adversely effected. What if the Indians went the full way in response? Would he have the courage to press the first nuclear trigger since 1945; it all seemed so simple when he had heard his commanders in the army war game. The world would not forgive him and his single act could lead to the annihilation of Pakistan; India’s anger was that palpable. Tactical nuclear weapons were not ready, although Pakistan was long stating they were.

The above were some of the thoughts in General Raheel Sharif’s mind on the evening of September 19, 2016. He wasn’t sure he had clarity on anything he considered. One thing however appeared clear—the Indians weren’t calling his bluff any longer. It was time to call for a Corps Commanders Conference to re-evaluate options and perhaps to discreetly tell the Indians through the Americans that the Pakistanis would reconsider. Time for some shuttle diplomacy perhaps, a la Gates. And a prevention of loss of face.

 

(Lt Gen Syed Ata Hasnain commanded an The Indian Army’s 15  Corps in J&K.)

Slide show

Raheel Sharif, Pakistan’s chief of army staff is known to see the Taliban within Pakistan as the biggest security threat to his country. He is due for retirement in November this year.


AFT extends rounding off of disability percentage to pre-1996 retirees

BY ROUNDING OFF, THE PERCENTAGE OF DISABILITY IS ENHANCED; IT MEANS HIGHER PENSION

CHANDIGARH: The Chandigarh bench of the Armed Forces Tribunal (AFT) has extended the benefit of rounding off disability percentage to pre-1996 retirees with less than 20% disability.

Such a benefit was extended to post-1996 retirees but for pre1996 retirees, the rounding off was allowed only for those with a minimum disability of 20%.

The fifth pay commission introduced broad-banding to minimise medical subjectivity and rationalise mistakes of medical boards. It provided those with a disability below 50% to be granted disability element by treating it as 50%, those with 50%-75% were granted the benefit of 75%, and those above 76% were to be considered 100%. By rounding off, the percentage of disability is enhanced, which means higher pension.

Taking up three cases of pre1996 retirees, whose service was cut short as they had been bailed out with a disability percentage less than 20%, Justice Surinder Singh Thakur said, “In contravention to the policy formulated by the government, the defence ministry has consistently taken the stand that if the disability is even 1% in invalided out cases, post-1996 retirees will be entitled to rounding off but for pre-1996 retirees, rounding off will only be applicable if the disability is more than 20%.”

The judgment said, “This differentiation does not exist in the government letter of February 3, 2000. The counsel for the petitioners informed us that there is no such distinction for civilians and this has been introduced only for armed forces personnel.”

The Chandigarh bench said that the principal bench of the AFT in Delhi removed this distinction in a judgment in 2010 but the government ignored it and neither filed any appeal. “In other cases, the defence ministry has taken the plea that it is unable to issue a new policy without concurrence of the finance ministry. We find that at para 7 of the letter, concurrence of the finance ministry has been taken by the ministry of personnel, public grievance and pension.” The central government counsel couldn’t place any material or argument in support of why financial concurrence when already existing is again required.

In this case, disability percentage will be rounded off to 50 % in case of Bharat Kumar, who came to the court after 22 years of his release with disability of 11 to 19 %, Hoshiar Singh, who approached the court after 44 years of his release with disability of 15% to 19% and Jasbir Singh, who approached the court after 22 years with disability of 11% to 14 %.