Friday 16 September 2016

THE INDIAN ARMED FORCES 
THE UNCONSTITUTIONALITY 
OF 
7TH CPC RECOMMENDATIONS AND 
GoI NOTIFICATION

Para 310 (1) of the Constitution :

"Except as expressly provided by this Constitution, every person who is a member of a defence service or of a civil service of the Union or of an all-India service or holds any post connected with defence or any civil post under the Union holds office during the pleasure of the President, and every person who is a member of a civil service of a State or holds any civil post under a State holds office during the pleasure of the Governor of the State".

Can any one, but the blind, fail to note the 

order of precedence laid down in the 

Constitution, in the above clause, which 

remains  unchanged to this day?

Every soldier takes an oath to defend the Constitution of India with his life. Each member of the GoI also swears to uphold the Constitution of India. While the soldier lives true to his oath, members of the GoI have,  invariably, trodded roughshod on the provisions of the Constitution, which gave pride of place to the Defenders of the Nation.

To the successive GoIs since independence, despite the unblemished and glorious record of service and achievements of the Defence Forces of our great Nation called Bharat, we are just disposables expendables, they have to protect the Nation against by continuously defrocking, degrading and dishonouring them, from generation to generation, except in the times of war, when a fake sense of nationalism makes them  remember the sacrifices of the soldiers.

Booting Down of Military Officers Since 1947.

Following every Indian Military victory, (1947- '48, '64 - '65, '71, '87, '99) : 
the Armed Forces have been systematically shoved down, further and further, in the Order of Precedence of Official Protocol. Today, as a result of the 7th CPC and the GoI's willful support of the former's recommendations: 
a highly skilled soldier, wielding sophisticated weaponry, standing as a bulwark against two enemies with nefarious designs, in the most inhospitable and forbidding terrains in the entire world  has, unbelievably, been placed below the Class 'D' 'chappal' wearing, paan chewing peons, pattering around in the central govt's offices.
                      SHAME, SHAME, UTTER SHAME
Immediate Pre And Post 1962. 
What Pt Nehru's lack of comprehension and the egoistic incompetence of Krishna Menon did to the Defence Forces of the Country, leading up to the disaster of 1962, is too well recorded to bear further description.  Suffice to say that the Defence Forces were forced to fight an unequal war, in unequal conditions, in a totally unprepared half clad, half fed state, in a terrain where they had never been before, the geography of which was not known in the absence of updated maps and against an enemy whose strength and locations were totally unknown. One of the finest Armies was simply overwhelmed ten to one, by an enemy who was well prepared, well equipped and operating in a terrain, well known to him.

The deplorable actions taken by the GoI immediately after the 1962 war, do, however, deserve mention for the Country to know :
the three Chiefs of Staff were put below the newly created Cabinet Secretary. Major Generals were demoted to a rank  below Director of the Intelligence Bureau.
It took the Armed Forces six long years to build up along our     Northern borders through sweat and toil, 24x7, to position themselves from where they could give a bloody nose to the Chinese across the Nathu La, when the latter tried to play mischief in that area in 1968.
Post 1965. 
For centuries, invaders from the West, had plundered, killed and subjugated Indians, but in 1965, the tide was reversed. Following the Military's stupendous show, with equipment dating WWII but possessing incredible honour, fervor and training in its ranks, against a better equipped enemy which boasted of much superior weaponry, supplied by USA : 
the Chiefs of Staff of the three Services were further downgraded below the Attorney General.

Post 1968. 
The Army's courageous show at Nathu La was duly rewarded by placing the Major Generals below the Deputy Controller and Auditor-General.

Creation of History In 1971. 
The brilliant path breaking war was fought  by the Indian Armed Forces to, forever, be engraved in golden letters in the Annals of Military History, creating a new Nation and forcing the entire Eastern Army of Pakistan to surrender 'en masse', resulting, for the first time since WWII, in 93,000 PsOW on our hands. The reward ? 
double demotion for the three Service Chiefs, who were booted below the Comptroller and Auditor-General, (Who was previously below Lieutenant Generals). 
The Lieutenant Generals were pulled below the Chief Secretaries, who were previously ranked lower than Major Generals.
Even though the creator of Military History was, unprecedently, made a Field Marshal, he had to die in penury, unheralded and unsung, utter;y neglected by the GoI, in a small Military townhip, tucked away in the Nilgiri hills. 

Return of IPKF in 1987
Our brave soldiers were sent as saviors, but finally were made to return almost as fugitives, despised by our own, while the GoI looked on unconcerned, causing deep hurt in the psyche of the soldiers, both serving and retired.

The Saga of Kargil
The History of the perfidy of Pakistan Army, has been described by their own Chief of Air Staff, who retired just before the operation. Even Musharraf himself has subsequently boasted about it as his brilliant manoeuvre. And yet, the Indian Armed Forces, against all odds, in heroic battle after battle, suffering heavy casualties of all ranks, threw the enemy out of each and every forbidding peak, over looking to vital road artery to the forward areas of Laddakh and the Kargil town itself.
The Indian Army sacrificed over 500 of its young braves in  the median age of 20 - 35 yrs, winning 4 PVCs, 9 MVCs and 27 VCs. 
While the body bags were still being received from the high altitude battle fields, the 'Coffin Gate' had already been enacted by some honourless perfidious politicians.
While a Naval Chief had already been cursorily dismissed from service while the Operation Vijay was on the anvil, the architect of the stupendous victory, Gen VP Malik, recognised the world over for his excellent leadership, has been left to lead a quite incognito life at Panchkula, unheralded and unrewarded by the GoI.

While the soldiers keep laying down their lives for the defense of the Nation in war after war, in skirmishes after skirmishes with the enemy at the inhospitable and forbidding frontiers, What does the GoI do? Sample :
Referring to a highly decorated ex Defence Chief,  the RM of the Country, during his speech in the Parliament says, "Woh Chote loag haen" (They are small people).
Soldiers are no big deals. They are mere employees of the Govt, paid to do their job.

Against both the despicable utterances, the World is yet to hear even a whimper from a grateful Nation.

Let the Nation know that an Indian soldier is not a mercenary and does not lay down his life for the money he is paid, but for the defense of his Motherland, for the honour of his 'Paltan', for his own honour and dignity and most of all for the camaraderie he has with his brother soldiers, either side of him, whom he cannot let down, as they charge the enemy in the face of hail of enemy bullets from the front, without the victims name on them and bombardment from above.

A soldier who trains hard and goes in to battle whenever required for the defense of his Nation must be secure in his mind that he is an honoured member of the society, his future, once he hangs up his boots is secure and in the eventuality  of him not returning from the battle field, his family's future is secure too. 

The present govt won elections and came to power with moral support of the soldier, both serving and the veterans, based on the tall promises, now proven to be fake 'Jumlas'). Countless 'Revaries' were stage managed, all most all of which have turned out to be the same.

To an honour bound soldier, fake and deliberately broken promises are sacrilege. The Nation and its Govt must look after the soldiers' interests, with a heart and mind matching the ones the soldier goes to the battle field with in defense of the Nation.

Soldiers never had to fight for their rights but pushed to the wall from where he can be marginalised no further and into the abyss, from where he can go no deeper, he would know how to fight his constitutional battle too, albeit constitutionally. 

The soldier, today, is crying out to his fellow citizens and to the law makers to free him of the burden of unfair treatment, so that he can devote all his energy to defend the Nation unhindered by worry of ,"What will happen ....? ".

A time has come when he can take it no more. It is for the GoI to sit up and take note that this 'playing with fire' cannot go on any more. the end of the road of the soldiers' patience and forbearance has been reached. The GoI cannot create a smoke screen of unending committees and commissions to deny the soldier his RIGHTFUL PLACE in the Nation and his RIGHTFUL COMPENSATION.

                 The time is now, now, now

25 comments:

  1. Sir,
    I wish that you could have suggested some courses of action so that at least a few courageous ESMs could lead!
    Presently ESMs cannot approach SC for pay and allowances even after winning in AFTs when Govt blindly refuses to implement the verdicts! This is against the fundamental right of all ESMs - willing to take up a PIL but require support and finances. Similarly the Govt refuses to implement orders to all affected parties but only to those who approach AFTs and stand resistant to Govt wearing out litigants in various forms!
    Your blog is getting read but few are acting - and so the above suggestion!

    ReplyDelete
  2. Dear Surendra,
    Thx for the suggestion. I have already written to the Chief Justice of India to treat my article as PIL. I will be pursuing it myself.
    The article has also gone to the PM, the RM and the FM. I have acknowledgements.

    ReplyDelete
  3. Great analysis. Wish you all success in your efforts for the sake of our motherland

    ReplyDelete
  4. Great analysis. Wish you all success in your efforts for the sake of our motherland

    ReplyDelete
  5. Sir, A well written article. Why did not Chiefs of the 70 / 80s put their foot down and moved on instead of accepting the sweet rewards for their loyalty.

    ReplyDelete
  6. Degradation of Lt Col rank and its basic pay.
    http://armypayresearch.blogspot.com/2016/09/depression-in-basic-pay-status-of-lt-col.html

    ReplyDelete
  7. After 3rd Pay Commission, Lt Col was in the basic pay scale of Rs 1750-1950. A civilian Director/SSP was in a lower pay scale of Rs 1650-1800.

    The edge of the Lt Col in the entry level basic pay as well as the top end was maintained till 5th Pay Commission.

    However the 6th Pay Commission nullified this edge of the Lt Col and gave a lower grade pay (& hence status) to a Lt Col. Lt Col was given grade pay of Rs 8000 and the Director got Rs 8700.


    Seeing the basic payscales of the 3rd, 4th and the 5th CPCs, a higher grade pay of Rs 8900 was due to the
    Lt Col. But the same was not agreed by the Committee headed by Mr. Pranab Mukherjee, now the Supreme Commander of the Armed Forces.

    7th pay Commission has made things even worse for the Lt Col. Not only his status (level 12A versus 13) has been lowered but his basic pay at both the entry point (lower end) and the upper end have been lowered.

    The basic payscale of Lt Col needs to be reworked keeping his edge at the entry level point as well as the top end.

    Also Lt Col needs to be placed at level 13A, higher than the Director who has been placed at level 13.

    ReplyDelete
  8. REDUCTION IN BASIC PAY & STATUS OF LIEUTENANT

    http://armypayresearch.blogspot.com/2016/09/relative-reduction-in-basic-pay-status.html

    ReplyDelete
  9. Reduction in the Basic Pay of Majors by the 6th & 7th Pay Commissions

    Till 5th Pay Commission, the starting basic pay of Major used to be more than that of the Civilian JAG/Dy Secy rank officer.

    However, the 6th and the 7th pay Commissions have depressed the basic pay of Major by 13% & 12%.

    http://armypayresearch.blogspot.com/2016/09/reduction-in-basic-pay-of-majors-by-6th.html

    ReplyDelete
  10. Depression in Basic Pay and Status of Captain Rank Officers

    Starting basic pay of Captain and Under Secy were same till 2005. However wef 2006, the starting basic pay of Captain was depressed by 9.4% and the 7th Pay Commission has also recommended a depression of 9.5%.

    http://armypayresearch.blogspot.com/2016/09/starting-basic-pay-of-captain-and-under.html

    ReplyDelete
  11. Honorary Rank Defence Officers also deserve justice and fair play
    http://armypayresearch.blogspot.com/2016/09/honorary-rank-defence-officers-also.html

    ReplyDelete
  12. Sir, kindly project the above-mentioned points to the 3 chiefs, RM, PM, Service pay commision Cells so that the anomalies may be corrected.

    ReplyDelete
  13. Dear ..... (I wish you had a name),
    Your comments are being read by all concerned since they have been given the link to this page. Every comment here will be seen by them.

    ReplyDelete
  14. We must fwd this in social
    Excellent summarisation.. People must know the reality....

    ReplyDelete
  15. Why do you wish to be unknown dear?
    Please put your name down and pick it up from my twitter handle to share it among your cjrcles.

    ReplyDelete
  16. A bold article, but, it will not be read by the political boss and the bureaucrats. They cannot digest it.

    India is not free or independent. The Britishers have gone, but,

    the British Rule continues in India. The politician and the bureaucrats filled the vacuum created by the departure of the colonial rulers.



    The constitution of India has rightly entrusted the the SECURITY OF THE NATION that is BHARATH and the safety of Indians on the hands of the Defence Forces. The soldiers must be aware of this truth.

    ReplyDelete
  17. Madan Kandal
    14:23 (5 hours ago)

    We need to ask a simple question :does the country and the Govt consider the work of soldiers less than anyone in the country? If not then give them the status and respect the country gives to the best of its employees. Salary and perks will have to follow after such a public acknowledgement , may be in the
    parliament through a question.
    Our in house pleadings are not likely to have much effect on thick skins.

    ReplyDelete
    Replies
    1. DearSam, I is not that some body will give ,we have to snatch, through courts, veteran's movement ,pressure of serving generals and from pressure of public by creating awareness through media. All of us have to work hard to reverse his injustice.Brig L D Sharma

      Delete
  18. Dear Madan,
    Thx for your valuable comments.

    First, this blog is open to public,

    Secondly, this blog has been placed at the doors of the PMO and marked to the RM too.
    I have requested the Chief Justice of India to accept it as a PIL.
    Regards,
    Samuel

    ReplyDelete
  19. Very well researched and analysed article with detailed reasoning. Seems to have been well received by our fraternity since I have received it from other sources through WA.

    ReplyDelete
  20. Not very long back the SP was called Kaptan Saheb! Why? Pre independence the not so active officers of the Indian Army were sent to the Indian Police Service & invariably a Captain on the verge of retirement was sent as the Superintendent Police!
    The scene is entirely different today! An SP equates himself with Col!
    I do not want to gloss over or negate one service with another, however the present equation between the police & civil services with the Army is that of a real sons & a step son! The latter always to be considered lower than the former in staus & benefits, irrespective of life savings & arduous services rendered by the step son!
    The entire issue revolves on the misconcept that of civilian supremacy! Yes in democracy the Constitution is supreme, the role of the Defense Forces are well defined, with the framers of the Constitution considering the Defense Forces as the last bastion of the country's survival & placing them in a respectful isolation. Looks like over the years the politicians coupled with the bueracracy have lost sight of the larger goal & in their petty & bourgoise mindset created a situation where the bulwark & the sanctity of the Constitution is under strain!
    How does one resolve the issue! I for one do notc see the light on the horizon!

    ReplyDelete
    Replies
    1. Excellently put across.
      The bottom line, however, is that a sepoy level soldier, a highly skilled professional, trained to decimate the enemy is, thanks to the present govt's Carte-blanche approval of the 7th CPC recommendations, has been placed below the slippers of the peons of the offices of the GoI.

      Delete
  21. This comment has been removed by the author.

    ReplyDelete
  22. i have learnt that the latest Min of Labour gazette for salaries published on 01 Sep 16 states starting salary for unarmed guard- Rs 15000 and for an armed guard Rs 25000/-. 7PC starts a jawan at Rs 18,000/-. does the left hand know what the right is doing?? is this govt really interested in addressing the anomolies?? regards. Col N Martin

    ReplyDelete
  23. Dear Martin,
    Please read our post on our fb page, (Samuel Dhar).
    Though the postings on the page are open to public, you may prefer to join us as friend to post your own thoughts there.
    Regards,
    Samuel

    ReplyDelete