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1. The following were present (all retired):-

(a) Office Bearers

(i) Brig Kartar Singh – President in Chair.

(ii) Dfr Animesh Ghosh – Sr Vice President.

(iii) Sub SD Sharma – Vice President.

(iv) Brig Inder Mohan – Vice President.

(iv) Col Akhil Sharma – Hony Treasurer.
(b) Nominated Vice President

(i) Nk Dalbir Singh Bhatyal – J&K.

(ii) Brig Anandakuttan – Kerala

(c) Executive Committee Members

(i) Col Bhag Singh, VSM – Punjab

(ii) Lt Col DS Salaria – J&K

(iii) Maj Padam Singh Verma – President

(iv) Lt Col CJ Ranade – MAH

(v) Brig BP Patnaik – Odisha

(d) Officials

(i) Col KS Yadav, SM – Gen Secy

(ii) Hony Capt Ratan Singh – Head Clerk

(e) Special Invitee

(i) Lt Gen V Chaturvedi, PVSM, AVSM, SM.

(ii) Vice Admiral Paras Nath, AVSM, VSM.

(iii) AVM RP Mishra.

(iv) Maj Mohan Kumar, Legal Advisor.

Preliminary Proceedings

3. Welcome Address. The President welcomed the Executive Committee Members and explained the reasons for calling of Executive Committee viz to decide the decision to be taken on agenda points in Governing Council meeting. The President read out the main agenda points:-

(a) Amdts to IESL Bye Laws and Constitution with regard to tenure of Office Bearers pre-election cutoff date from 180 days to 45 to 60 days. The President said that a Committee will be constituted to study the Bye Laws and constitution to recommend the amdts.
(b) Installation of lift. The President said that lift will be installed before next Governing Council Meeting.
(c) Construction of Building. The President informed the house about the involvement of two agencies for sanction i.e. L&DO & NDMC and attraction of penalty from NDMC also, we will have to get the sanction to construct fourth floor which is not permissible in this area and therefore not recommended. However, a shed will be erected on third floor in front of RCEL Room. Col Bhag Singh, President Punjab said that we have contributed sufficiently and therefore, Jawans accommodation can be constructed in rear of the plot on employee’s accommodation. The President said that keeping in mind the percentage of occupancy rate of available accommodation, construction of building is not beneficial. The point was discussed in detail in last many meetings and dropped.
(d) The President informed the house that we got two vehicles. The old veh cannot run in NCR region therefore if any one wish to purchase and make good use of old veh, the reserve price of the veh is Rs 2.00 lacs.

4. Col Bhag Singh, President Punjab inquired about the RCEL grant and ban on reception of foreign currency. Brig Kartar Singh, President IESL informed the house that we have already contacted the agency for FCRA certificate and we will apply soon for the same.

5. Approval of Income/Expenditure and Budget Estimate for Next Financial Year. The State of income and expenditure and budget estimate for next financial year was perused by the EC members. There being no observation from the members the same were passed. However the following points were discussed and passed:-

(a) Payment of fee to CA from Rs 25000/- to Rs 30000/-.

(b) Expenditure on election.

(c) Increase of employees Pay by 7%. Col Bhag Singh said that salary of employees was also increased before election. Brig Kartar Singh, President IESL said that from last two years no salaries have been hiked, however conveyance allowance was granted as per Govt (MOD) letter. Office Supdt was asked to produce the EC Minutes in which the conveyance allowance was increased. Office Supdt produced the Minutes and the house was satisfied and agreed for increase of 7% salary (equal to current DA) of the employees.

(d) Modification of Office of staff including fixing of AC’s and repairing, painting and denting of building, the point was discussed and approved by the house. Sr Vice President will prepare the stimates and plan by 30 Jun 2018.

15. There being no further points the meeting was concluded as closed with vote of thanks to the Chair and all present, proposed by Dfr Animesh Ghosh, Sr Vice President seconded by Lt Col DS Salaria and passed by the House.

SD/-XXXXXXX
(KS Yadav)
Col (Retd)
General Secretary

Attendance

1. The following attended the meeting (All retired):-

(a) Office Bearers

(i) Brig Kartar Singh – President in Chair.
(ii) Dfr Animesh Ghosh – Sr Vice President.
(iii) Sub SD Sharma – Vice President. (iv) Brig Inder Mohan Singh – Vice President.
(v) Col Akhil Sharma – Hony Treasurer(N).

(b) Nominated Vice President

(i) NK Dalbir Singh Bhatyal – J&K
(ii) Brig Anandakuttan – Kerala

(c) Council Members
(i) Hony Capt Baldev Singh
(ii) Nb Sub Amarjit Singh Sangar
(iii) CPO Surinder Singh
(iv) Lt Col Hari Singh
(v) Hony Capt Shishupal Singh
(vi) Hav Thomas KA
(vii) Lt Col DS Salaria
(viii) Sub RN Upadhyay
(ix) Lt Col YS Rana
(x) Hony Flg Offr Nilmani Pande
(xi) Hav K Natarajan
(xii) Lt Col Loknath Sahoo
(xiii) AVM RP Mishra
(xiv) Vice Admiral Paras Nath, AVSM, VSM.

(d) Ex-Officio Members From State Leagues

(i) MCPO RS Yadav – A&N
(ii) Brig MR Nath – AP
(iii) Lt Col Munishi Ram – Chatisgarh
(iv) Maj Gen GS Jamwal, AVSM – J&K
(v) Lt Col CJ Ranade – MH
(vi) Brig BP Patnaik – Orissa
(vii) Sub D Kanagaraj – Puducherry
(viii) Col Bhag Singh, VSM – Punjab
(ix) Maj Padam Singh Verma – UP
(ix) Sgt PC Maity – WB

(e) Advisory Committee (Pension, Future Agenda & Development)

(i) Lt Gen V Chaturvedi, PVSM, AVSM, SM.
(ii) Vice Admiral Paras Nath, AVSM, VSM.
(iii) AVM RP Mishra.
(iv) Maj Mohan Kumar, Legal Advisor.

(f) Special Invitees.

(i) Maj Gen Ashok Kumar, MD ECHS.
(ii) Brig HS Kahlaon, DDG DIAV.

(f) In attendance:-
(i) Col KS Yadav, SM – General Secretary
(ii) Hony Capt Ratan Singh – Office Supdt
IESL Credo
2. The sacred lamp was lighted by Brig Kartar Singh, President IESL, AVM RP Mishra, Maj Gen GS Jamwal, AVSM, Capt Inder Singh, Col Hari Singh, Lt Gen V Chaturvedi, PVSM, AVSM, SM and Dfr Animesh Ghosh, Sr Vice President. Dfr Animesh Ghosh, Sr Vice President IESL read out IESL Credo and this was followed by observing two minutes silence by all the members to pay homage to the departed souls.

Welcome

3. Dfr Animesh Ghosh, Sr Vice President welcomed members of Governing Body and invited Brig Kartar Singh, President IESL for welcoming honourable members.

4. Brig Kartar Singh, President IESL welcomed members of Governing Body. Thereafter Brig Kartar Singh, President IESL welcomed Maj Gen Ashok Kumar, MD ECHS and introduced the Gen Offr to the house and requested him to address the Governing Council members about the ECHS Card and ECHS related issues. Maj Gen Ashok Kumar introduced himself to the house and thanked all the members for calling him for interaction with Governing Council Meeting. Maj Gen Ashok Kumar, MDECHS clarified all doubts including new 64 KB Card of ECHS. He further said that ESM fraternity should not worry and his organization will take care of all problems including preparation of new cards. He clarified each individual veteran’s doubts with regard to ECHS and took three hours and gave his personal contact mobile number. Thereafter, Brig Kartar Singh, President IESL invited Brig HS Kahlon to the house and introduced him to the house. Brig HS Kahlon, DDG DIAV introduced himself to the house and thanked all the members for inviting him to the meeting. His appt is as big as
his responsibilities. His Dte is a single point contact for all problems of ESM under the sun and sky. His Dte functions 24x7x365 and the DDG is himself contactable directly. He spoke for one hour from his heart to clarify all important issues related to veterans.ESM fraternity is requested to visit his site (Dte of Indian Army Veterans) where all details are given. Genuine problems from house hold to Govt could be referred to him. The email Id of Veterans cell is armyveteranscell@gmail.com. Brig HS Klhlon further said that all info will be shared with IESL and IESL will further disseminate to the State/UT Ex-Services League and requested the ESM fraternity to help DDG DIAV to help the Veterans from exploitation. Brig HS Kalhon also informed the house about the various financial schemes under which financial helps are provided by the DDG DIAV.

5. Col Pradeep Kapoor, President Blind Veterans Association briefed the house about the problems/present situation of blind and disabled veterans and discussed the possible ways to help them in emotional adjustment in the society.

Agenda Points

6. Agenda No 1 to 3. Already covered at Para 2 to 4 above.

7. Agenda Point No 4 – Confirmation of the Minutes of the Business Session of the AGM/Council Meeting Held on 09 Mar 2018. Dfr Animesh Ghosh, Sr Vice President read out the Minutes of of the Business Session of the AGM/Council Meeting. There being no observation from the members regarding the minutes, the minutes were passed unanimously as proposed by Col Hari Singh and seconded by Sub D Kanagaraj.

8. Agenda No 5 – State of Common Membership. State of Common Membership was placed in folders handed over to the members and was also placed on notice board which was seen by all the members as confirmed by the members. Brig Kartar Singh, President IESL emphasized the importance of numbers and requested to increase the common membership to keep the IESL as number one Organisation.
9. Agenda No 6 & 7 – To Discuss Income and Expenditure of the Financial Year from Apr 2017 to 31 Mar 2018 and Approval of Budget for ensuing Financial Year (2018-2019). Income and expenditure from 01 Apr 2017 to 31 Mar 2018 and budget for next year were circulated to all the attendees and all the members perused the same. The Hony Treasurer Col Akhil Sharma explained in details about the income and expenditure. All the EC and Governing Council members were satisfied with the accts. Brig Kartar Singh, President IESL requested the members to see the election expenditure placed in folders and raise the observation if any. There being no observations from the members including the election expenditure the Budget was approved and passed as proposed by Lt Col DS Salaria seconded by Col Hari Singh.
10. Agenda No 8 – Amdts to Bye Laws for Election. Brig Kartar Singh, President IESL said that our Election Bye Laws and IESL Constitution is required to be amended keeping in mind the present environment and also some State Leagues have proposed the amdts. In view of the above we are required to constitute a Committee to study the Election Bye Laws and IESL Constitution and propose/recommend the amdts. The point was approved by all the members with voice votes. The President IESL constituted the Committee as under:-
(a) Brig Inder Mohan Singh.
(b) Col Shiv Pratap Singh.
(c) Maj Mohan Kumar, Legal Advisor.
11. Agenda No 9 – Wage Revision of Employees and Leave Rule. Brig Kartar Singh, President IESL said that no salaries have been hiked for last two years however, conveyance allowance was granted as per Govt (MOD) letter. As approved by the Executive Committee we proposed to increase the salary of employees by 7% (equal to current DA). The house approved the increase of salary by 7% unanimously and amdt to leave rule. EL will be 20 instated of 30 in a year wef calendar year 2018.

12. Agenda No 10 – Maintenance of IESL Building Viz Distemper, Painting and Doing up of Rooms. Brig Kartar Singh, President IESL informed the house about the condition of IESL building which requires maint viz distemper, painting and repairs. The house approved the point. President IESL asked Sr Vice President to prepare the estimates and process the case.

13. Agenda No 11 Modernization/Modification of Staff Office including AC’s Fitting. President IESL said that the Staff Office requires some modifications and fitting of AC’s. The house approved the point. President asked Sr Vice President to prepare the estimates and process the case.

14. Agenda – Extension of Services for Daftary Beyond 65 Years of Age The house approved the extension of service in case of Daftary by one year.

15. Addl Agenda Point – Installation of Lift. Brig Kartar Singh informed the house that long back we had recd sufficient funds from Army HQ for installation of lift, but we could not install the lift due to some administrative reasons related to civil works. Now we will install the lift and sought the approval of the house. The house approved the point with the voice votes.

Points from State Leagues/Members

16. Maj Gen GS Jamwal, AVSM, President J&K Ex-Services League said that now we should not worry about the pension rather we should think about healh, social security and living conditions. ESM fraternity should remain vigilant and ensure good social standing in the civil society.

17. Capt Inder Singh member of Advisory Committee Haryana Ex-Services League said that I am lucky that after the year 2000 today in 2018 I have got the chance to attend IESL meeting. Capt Inder Singh explained his sentiments that now a day’s Zila Sainik Board and Rajya Sainik Board are not working properly for the ESM community. He informed that welfare of Para Military Forces including reservation of vacancies for jobs have also been mixed up in DSS&A Board and Rajya Sainik Board. Capt Inder Singh also explained his sentiments about the present position of Haryana Ex-Services League. He requested that IESL should write a letter to Haryana Govt.

18. Lt Col DS Salaria said that earlier some amount was given by HQ IESL to conduct IESL delegate election and now it is not given. Brig Kartar Singh, President IESL informed that earlier share of membership fee was not given to the State and now 75% of membership fee share is given to the State/District League. The point was closed.

19. Lt Col YS Rana requested President IESL to write a letter to the State Chief Secretary to address only IESL affiliated State League. President IESL said that we have already written, however the point is noted.

20. Col Bhag Singh, VSM, President Punjab Ex-Services League said that a publicity cell should be created in IESL and membership percentage should be fixed to fight the IESL election and our constitution should be more self explanatory. Brig Kartar Singh, President IESL said that a Committee has been detailed to study the Constitution and to recommend the amdts as also how to improve the PR of the IESL.

21. Point From the Chair. Brig Kartar Singh said that Lt Col BS Dhaka as elected by Governing Council as Hony Treasurer could not join as Hony Treasurer duty due to old age. HeI requested the house that Col SP Singh from Meerut (UP) be approved as Hony Treasurer. The house approved the name of Col SP Singh as Hony Treasurer.

22. The house passed the following resolutions:-

(a) Meeting with Hon’ble Rajya Raksha Mantri – To request for
declassification of One Man Judicial Commission Report with regard to
OROP.

(b) To work in advance to remind the Govt for revision of defence
pensioners pension in 2019 based on OROP notification.

(c) To remind the Govt about reservists pension orders and tables.

23. Due to shortage of time, pts recd from State League could not be discussed, though covered in general. There being no other points Dfr Animesh Ghosh, Sr Vice President requested the House to pass a vote of thanks to the chair and all attendees. The same was passed by the house.

It is a happy news that the penury grant from non pensioner ESM and widows, that had been upgraded from Rs 500/- pm to Rs 1,000/- pm in 2011, has now been further enhanced to Rs 4,000/- pm from 01 April 2017. A copy of the PIB (Defence Wing) , Govt of India order issued today, 08 June 2017

The quick decision is one of the positives of both appointments of the RM and FM being held by the same person.

Do kindly disseminate to the maximum.

With best regards,

Lt Gen Balbir Singh, PVSM,VSM**

IESL/509/2016 dt 22 Sep 2016

Shri Ravi Shankar Prasad

Hon’ble Cabinet Minister

Ministry of Law & Justice

4^th Floor, ‘A’ Wing, Shastri Bhawan

Rajendra Prasad Road, New Delhi- 110001

NON AVAILBLITY OF JUICIAL MEMBERS IN ARMED FORCES TRIBUNALS SERIOUSLY IMPACTING ADMINSTRATION OF JUSTICE AND HITHERTO DISCRIMINATORY PROVISIONS OF THE ARMED FORCES TRIBUNAL ACT 2007

 I have the honour to state the following to seek your kind attention and domain indulgence in resolving the impasse which is seriously affecting the administration of justice to the Military personnel and their dependents through Armed Forces Tribunals. The same has presently arisen due to non-availability of Judicial Members in the said Tribunals.

2. It is submitted that out of the 17 Benches in the country only five (5) are at present functional. The Armed Forces Tribunal (Principal Bench) at R K Puram New Delhi with its Chairperson is authorised three Benches. Presently the organisation is headless as ideally much desired Chairperson with two other Judicial Members are not posted. Make shift arrangements of calling judicial members from distant benches of the said Tribunals to hold court at the Principal bench at Delhi has not been able to cope up the piling up of cases satisfactorily.

3. A large number of cases relating to service matters of the members of the Armed Forces of the Union of India are pending for a long time. A matter filed on 23 Aug 2016 with prayer for interim relief by an aggrieved member of the Armed forces and listed thrice since then could not be heard as the concerned Bench has been non-functional due to non-availability of the Judicial member on the last three dates of hearing when the said matter was listed. Imagine the frustration of an aggrieved petitioner whose prayer for interim relief since 23 Aug 2016 has been in vain due to no fault on his part. The very object of constituting these independent adjudicatory forums for the defence personnel to ensure speedy deliverance of justice has thus come to a naught. The aforesaid situation has resulted in denial of timely justice to serving service personnel, ex-servicemen, disabled soldiers and war widows. The existing system of administration of justice in the Armed Forces provides for submission of statutory complaints against grievance relating to service matters and pre and post confirmation petitions to the prescribed competent authorities against the findings and sentences of court martial. The nature of grievances is such that unless resolved in a time bound manner their essence and consequent relief is rendered ineffective. Timely relief therefore is of paramount importance.

4. I, being a responsible member of the Supreme court and High court bars also take this opportunity to bring to your kind notice another very serious anomaly which has crept in the form of lack of an effective remedy of judicial review over the orders passed by the Armed Forces Tribunals thereby making it the first and the last court of appeal for litigants. Though an appeal on “points of law” or “of general public importance” or on matters which the Supreme Court considers so exceptional that the Apex court of the land ought to hear them, has been provided in the form of Section 31 of the AFT Act, 2007. It was reasonably expected that all other issues could be challenged before the High court in view of the facts that the powers of the High Court under Article 226 and 227 were preserved by Section 14 of the AFT Act, 2007. The Parliamentary Committee which has examined Section 31 of the AFT Act, 2007 has itself recommended Judicial Review by high Courts (Para 90 of Parliamentary standing committee on defence, 18 report, Lok Sabha, 2012-2013 refers). The same was also in line with the law laid down by the constitutional bench of the Supreme court in L Chander Kumar versus U.O.I. and Ors, (1997) 3 SCC 261 and the three Judge Bench in Colombia Sportswear Company versus DIT, (2012) 1 SCC 224. In any case 99.9% of the cases before AFT are matter personal to the litigants and seldom of general public importance. Whereas the High Court’s continued to entertain the writs against the AFT order, the situation changed after a plea to the effect filed by the Ministry of Defence which was later allowed. The same has potentially left litigants without cost effective remedy. On one hand there is minimal scope of appeal in Supreme court on the other Hand it is well known that defence personal, Ex-Servicemen, disabled soldiers and their families can hardly afford to approach the Supreme court from remote places thereby not only making justice inaccessible and unaffordable, but also reducing the Supreme court into the first appellate court for such routine and mundane service matters as specifically deprecated in L Chander Shekar’s case. The central government has thus completely ignored the recommendations of the Parliamentary Standing Committee on Defence, 18 report, Lok Sabha, 2012-2013 made in Para 90 which itself had approved Section 31 with a Caveat that challenges would still lie before the High Court as per L Chander Shaker’s case and also has not yet acted upon a similar recommendation contained in Para 7.14 of the report of the high level committee of experts on litigation constituted by Ministry of Defence (2015) which has also favoured jurisdiction with the High Court. It may also be recalled that while for the defence community, the AFT is the first and the last court, their exactly similarly placed counterparts can conveniently challenge the orders of the Central Administrative Tribunal before the High Court’s within their own states and then also approach the Supreme court in case they are dissatisfied. It is ironical to expact a disabled soldier or a widow in Kerala or Manipur to approach the Supreme court concerning his or her case involving meagre sums and then try to prove that the case involves a point of law of general public importance. It may therefore be seen that whereas the civilians get a three tier system of justice and judicial review, the Military counterparts are encumbered with only the AFT which is practically the court of first as also the last resort.

5. Finally, I would like to bring to your notice that in the month of Sep 2016 no court in AFT (PB) 1, 2 and 3 is fully functional. Cause list of Court No. 1, 2 and 3 for the whole month says in the beginning “This Bench will not Assemble Today”, the pending cases as well as cases for admissions are adjourned indefinitely. As a responsible member of the bar as well as holding an office of trust in the service of ex-servicemen, it is my solemn duty to bring this to your kind notice that if the appointment of the Judicial Members is kept pending for long, it will perpetuate injustice. The Petitioners will continue to suffer with no hope of redressal of their grievance. I, therefore respectfully appeal to you to safeguard the Soldier’s interest by providing timely remedy. This would be possible if your august office takes stock of the situation and steps in immediately to resuscitate the comatose AFT by appointing Judicial Members without any further delay. In the facts and circumstances submitted herein above a rethink and reconsideration of Section 31 of the AFT Act is also strongly recommended to provide equal opportunity of judicial review to the members of the Armed Forces.

Yours sincerely,

Lt Gen (Dr) Balbir Singh, PVSM, VSM** (Retd)