Indian Military Notes

Veteran Benefits: Other Models

2007-02-25T10:56:00.000+05:30

If you want things to happen, you have to make the passing of laws happen first. The laws of US at no point says reservation and quota, but spells in minute details action required by Departments, agencies and most importantly government contractors on hiring and training of veterans by:

Passing of statutes violation of which is punishable
A system of complaints against violation of the statutes and complaint resolution
Mandating reports to the legislature
Mandating priority for veterans for all training programs
Mandating Govt contractors to publicise all job vacancies in the official job resource channels of the government.
Making job resource organisations to provide this info to veterans on priority.
Restricting eligible personnel to

veterans
Spouses in case

the veteran has died in action
Missing in action
Forcibly detained by a foreign entity
Any veteran who has total disability (service connected )
Any veteran who died when such a disability was in existence.

Please note: No where it says a veteran's wards should be given preference over veterans themselves, unlike our AWES clearly gives in providing educational opportunity..
It is ridiculous giving preference to sons and daughters (who have opted against military service in ranks or as officers) of Majors, colonels, Brigadiers and Generals for educational opportunities provided with veteran welfare funds over the soldier orderly or soldier driver of these high ranking officers!
When you see stark naked injustice which can not survive any close scrutiny and you want such injustices to continue, the best strategy is to quickly muffle the voices or at least keep absolutely quiet. Human reaction is so very predictable.

Of course we are busy crying for reforming the President, PM, virtual PM, UPA, secularism, Cabinet, Legislature, constitution and statutes and the Judiciary and last but not the least: pay re fixation by the Defence Ministry. When we point our index finger on these, there are 4 fingers pointing at ourselves!

In an open society with freedom of expression, stark injustices get focused by press, open expressions and eventually they get corrected. That is where democracy and freedom of the expression eventually prove superior to autocracy, strict muffling of open expression. When the press focuses on inequity, powers that be start to listen. Policy under microscope is what powers dread. Policy under sunshine is what responsible citizens love.

Here follows:

Vietnam Era Veterans Readjustment Assistance Act of 1974 - VEVRAA - 38 US Code Chapter 42 §§4211-4215

Military Status

38 USC CHAPTER 42 - EMPLOYMENT AND TRAINING OF VETERANS

TITLE 38 - VETERANS' BENEFITS
PART III - READJUSTMENT AND RELATED BENEFITS

Sec.                                                    


   4211.
      Definitions.                                         
   

4212.       Veterans' employment emphasis under Federal contracts.
   
4213.       Eligibility requirements for veterans under Federal

                employment and training programs.                   
   
4214.       Employment within the Federal Government.            

   
4215.       Priority of service for veterans in Department of
                Labor job training programs.                        




   Sec. 4211. Definitions


     As used in this chapter -
     (1) The term "special disabled veteran" means -
       (A) a veteran who is entitled to compensation (or who but for

     the receipt of military retired pay would be entitled to

     compensation) under laws administered by the Secretary for a
     disability (i) rated at 30 percent or more, or (ii) rated at 10
     or 20 percent in the case of a veteran who has been determined


     under section 3106 of this title to have a serious employment
     handicap; or
       (B) a person who was discharged or released from active duty
     because of service-connected disability.


     (2) The term "veteran of the Vietnam era" means an eligible
   veteran any part of whose active military, naval, or air service
   was during the Vietnam era.
     (3) The term "disabled veteran" means (A) a veteran who is


   entitled to compensation (or who but for the receipt of military
   retired pay would be entitled to compensation) under laws
   administered by the Secretary, or (B) a person who was discharged
   or released from active duty because of a service-connected


   disability.
     (4) The term "eligible veteran" means a person who - 


       (A) served on active duty for a period of more than 180 days
      and was discharged or released therefrom with other than a


      dishonorable discharge;


       (B) was discharged or released from active duty because of a
      service-connected disability; or 

        (C) as a member of a reserve component under an order to active


     duty pursuant to section 12301(a), (d), or (g), 12302, or 12304
      of title 10, served on active duty during a period of war or in a


      campaign or expedition for which a campaign badge is authorized


      and was discharged or released from such duty with other than a


     dishonorable discharge.

     (5) The term "department or agency" means any agency of the
   Federal Government or the District of Columbia, including any
   Executive agency as defined in section 105 of title 5 and the


   United States Postal Service and the Postal Rate Commission, and
   the term "department, agency, or instrumentality in the executive
   branch" includes the United States Postal Service and the Postal


   Rate Commission.
     (6) The term "recently separated veteran" means any veteran
   during the three-year period beginning on the date of such
   veteran's discharge or release from active duty.





   Sec. 4212. Veterans' employment emphasis under Federal contracts

     (a)(1) Any contract in the amount of $100,000 or more entered


    into by any department or agency of the United States for the


     procurement of personal property and nonpersonal services

   (including construction) for the United States, shall contain a

    provision requiring that the party contracting with the United


    States take affirmative action to employ and advance in employment


   qualified covered veterans. This section applies to any subcontract
   in the amount of $100,000 or more entered into by a prime
   contractor in carrying out any such contract.
     (2) In addition to requiring affirmative action to employ such


   qualified covered veterans under such contracts and subcontracts
   and in order to promote the implementation of such requirement, the
   Secretary of Labor shall prescribe regulations requiring that -


       (A) each such contractor for each such contract shall
      immediately list all of its employment openings with the


      appropriate employment service delivery system (as defined in


      section 4101(7) of this title), and may also list such openings


     with one-stop career centers under the Workforce Investment Act
      of 1998, other appropriate service delivery points, or America's


      Job Bank (or any additional or subsequent national electronic job


      bank established by the Department of Labor), except that the
     contractor may exclude openings for executive and senior
     management positions and positions which are to be filled from


     within the contractor's organization and positions lasting three
     days or less;
       (B) each such employment service delivery system shall give


      such qualified covered veterans priority in referral to such


      employment openings; and
       (C) each such employment service delivery system shall provide 

      a list of such employment openings to States, political
      subdivisions of States, or any private entities or organizations


      under contract to carry out employment, training, and placement


      services under chapter 41 of this title.

     (3) In this section:
       (A) The term "covered veteran" means any of the following


     veterans:
         (i) Disabled veterans.
         (ii) Veterans who served on active duty in the Armed Forces
       during a war or in a campaign or expedition for which a
       campaign badge has been authorized.


         (iii) Veterans who, while serving on active duty in the Armed
       Forces, participated in a United States military operation for
       which an Armed Forces service medal was awarded pursuant to


       Executive Order No. 12985 (61 Fed. Reg. 1209).
         (iv) Recently separated veterans.

       (B) The term "qualified", with respect to an employment
     position, means having the ability to perform the essential


     functions of the position with or without reasonable
     accommodation for an individual with a disability.

     (b) If any veteran covered by the first sentence of subsection


    (a) believes any contractor of the United States has failed to


    comply or refuses to comply with the provisions of the contractor's


   contract relating to the employment of veterans, the veteran may
    file a complaint with the Secretary of Labor, who shall promptly


    investigate such complaint and take appropriate action in


    accordance with the terms of the contract and applicable laws and


   regulations.
     (c) The Secretary of Labor shall include as part of the annual
   report required by section 4107(c) of this title the number of
   complaints filed pursuant to subsection (b) of this section, the


   actions taken thereon and the resolutions thereof. Such report
   shall also include the number of contractors listing employment
   openings, the nature, types, and number of positions listed and the

   number of veterans receiving priority pursuant to subsection

   (a)(2)(B).
     (d)(1) Each contractor to whom subsection (a) applies shall, in
   accordance with regulations which the Secretary of Labor shall

   prescribe, report at least annually to the Secretary of Labor on -

       (A) the number of employees in the workforce of such
     contractor, by job category and hiring location, and the number
     of such employees, by job category and hiring location, who are

     qualified covered veterans;

       (B) the total number of new employees hired by the contractor
     during the period covered by the report and the number of such
     employees who are qualified covered veterans; and

       (C) the maximum number and the minimum number of employees of

     such contractor during the period covered by the report.

     (2) The Secretary of Labor shall ensure that the administration

   of the reporting requirement under paragraph (1) is coordinated
   with respect to any requirement for the contractor to make any

   other report to the Secretary of Labor.


   
Sec. 4213. Eligibility requirements for veterans under Federal
     employment and training programs

     (a) Amounts and periods of time specified in subsection (b) shall

   be disregarded in determining eligibility under any of the

   following:
       (1) Any public service employment program.
       (2) Any emergency employment program.
       (3) Any job training program assisted under the Economic

     Opportunity Act of 1964.

       (4) Any employment or training program carried out under title
      I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et
     seq.).
       (5) Any other employment or training (or related) program


     financed in whole or in part with Federal funds.

     (b) Subsection (a) applies with respect to the following amounts


    and periods of time:
       (1) Any amount received as pay or allowances by any person
     while serving on active duty.
       (2) 

Any period of time during which such person served on
      active duty.
       (3) Any amount received under chapters 11, 13, 30, 31, 32, and


     36 of this title by an eligible veteran.
       (4) Any amount received by an eligible person under chapters 13
     and 35 of this title.
       (5) Any amount received by an eligible member under chapter 106


     of title 10.


   Sec. 4214. Employment within the Federal Government

     (a)(1) The United States has an obligation to assist veterans of


    the Armed Forces in readjusting to civilian life. The Federal


    Government is also continuously concerned with building an


    effective work force, and veterans constitute a uniquely qualified


   recruiting source. It is, therefore, the policy of the United
   States and the purpose of this section to promote the maximum of


    employment and job advancement opportunities within the Federal


   Government for qualified covered veterans (as defined in paragraph
   (2)(B)) who are qualified for such employment and advancement.
     (2) In this section:
       (A) The term "agency" has the meaning given the term


     "department or agency" in section 4211(5) of this title.
       (B) The term "qualified covered veteran" means a veteran
     described in section 4212(a)(3) of this title.


     (b)(1) To further the policy stated in subsection (a) of this

   section, veterans referred to in paragraph (2) of this subsection
   shall be eligible, in accordance with regulations which the Office

   of Personnel Management shall prescribe, for veterans recruitment

   appointments, and for subsequent career-conditional appointments,
   under the terms and conditions specified in Executive Order
   Numbered 11521 (March 26, 1970), except that -
       (A) such an appointment may be made up to and including the


     level GS-11 or its equivalent;
       (B) a veteran shall be eligible for such an appointment without


     regard to the number of years of education completed by such
      veteran;
       (C) 

a veteran who is entitled to disability compensation under
      the laws administered by the Department of Veterans Affairs

or
     whose discharge or release from active duty was for a disability
     incurred or aggravated in line of duty shall be given a


      preference for such an appointment over other veterans;
       (D) a veteran receiving such an appointment shall -
         (i) 

in the case of a veteran with less than 15 years of
        education, receive training or education; and

         (ii) upon successful completion of the prescribed

       probationary period, acquire a competitive status; and

       (E) a veteran given an appointment under the authority of this


      subsection whose employment under the appointment is terminated


     within one year after the date of such appointment shall have the
      same right to appeal that termination to the Merit Systems


      Protection Board as a career or career-conditional employee has


      during the first year of employment.

     (2) This subsection applies to qualified covered veterans.
     (3) A qualified covered veteran may receive such an appointment


   at any time.
     (c) Each agency shall include in its affirmative action plan for
   the hiring, placement, and advancement of handicapped individuals
   in such agency as required by section 501(b) of the Rehabilitation


   Act of 1973 (29 U.S.C. 791(b)), a separate specification of plans
   (in accordance with regulations which the Office of Personnel
   Management shall prescribe in consultation with the Secretary, the

   Secretary of Labor, and the Secretary of Health and Human Services,

   consistent with the purposes, provisions, and priorities of such
   Act) to promote and carry out such affirmative action with respect


    to disabled veterans in order to achieve the purpose of this


   section.
     (d) The Office of Personnel Management shall be responsible for
   the review and evaluation of the implementation of this section and
   the activities of each agency to carry out the purpose and


   provisions of this section. The Office shall periodically obtain


   (on at least an annual basis) information on the implementation of
    this section by each agency and on the activities of each agency to


    carry out the purpose and provisions of this section. The
   information obtained shall include specification of the use and


   extent of appointments made by each agency under subsection (b) of
   this section and the results of the plans required under subsection
   (c) of this section.
     (e)(1) 

The Office of Personnel Management shall submit to the
    Congress annually a report on activities carried out under this


    section. Each such report shall include the following information
   with respect to each agency:


       (A) The number of appointments made under subsection (b) of
     this section since the last such report and the grade levels in
     which such appointments were made.
       (B) The number of individuals receiving appointments under such


     subsection whose appointments were converted to career or
     career-conditional appointments, or whose employment under such
     an appointment has terminated, since the last such report,
     together with a complete listing of categories of causes of


     appointment terminations and the number of such individuals whose
     employment has terminated falling into each such category.
       (C) The number of such terminations since the last such report


     that were initiated by the agency involved and the number of such
     terminations since the last such report that were initiated by
     the individual involved.
       (D) A description of the education and training programs in


     which individuals appointed under such subsection are
     participating at the time of such report.

     (2) Information shown for an agency under clauses (A) through (D)
   of paragraph (1) of this subsection -


       (A) shall be shown for all veterans; and
       (B) shall be shown separately (i) for veterans who are entitled
     to disability compensation under the laws administered by the
     Secretary or whose discharge or release from active duty was for


     a disability incurred or aggravated in line of duty, and (ii) for
     other veterans.

     (f) Notwithstanding section 4211 of this title, the terms
   "veteran" and "disabled veteran" as used in subsection (a) of this


   section shall have the meaning provided for under generally
   applicable civil service law and regulations.
     (g) To further the policy stated in subsection (a) of this


    section, the Secretary may give preference to qualified covered


    veterans for employment in the Department as veterans' benefits


   counselors and veterans' claims examiners and in positions to
    provide the outreach services required under section 7722 of this


    title, to serve as veterans' representatives at certain educational


    institutions as provided in section 7724 of this title, or to
   provide readjustment counseling under section 1712A of this title.



   

Sec. 4215. Priority of service for veterans in Department of Labor
     job training programs

     (a) Definitions. - In this section:
       (1) 

The term "covered person" means any of the following
      individuals:


          (A) A veteran.
          (B) The spouse of any of the following individuals:


            (i) Any veteran who died of a service-connected disability.


            (ii) Any member of the Armed Forces serving on active duty
          who, at the time of application for assistance under this


          section, is listed, pursuant to section 556 of title 37 and


          regulations issued thereunder, by the Secretary concerned in
          one or more of the following categories and has been so


          listed for a total of more than 90 days: (I) missing in


         action, (II) captured in line of duty by a hostile force, or
          (III) forcibly detained or interned in line of duty by a


          foreign government or power.


           (iii) Any veteran who has a total disability resulting from
          a service-connected disability. 

            (iv) Any veteran who died while a disability so evaluated
          was in existence.



       (2) The term "qualified job training program" means any
     workforce preparation, development, or delivery program or
     service that is directly funded, in whole or in part, by the


     Department of Labor and includes the following:
         (A) Any such program or service that uses technology to
       assist individuals to access workforce development programs
       (such as job and training opportunities, labor market


       information, career assessment tools, and related support
       services).
         (B) Any such program or service under the public employment
       service system, one-stop career centers, the Workforce


       Investment Act of 1998, a demonstration or other temporary
       program, and those programs implemented by States or local
       service providers based on Federal block grants administered by

       the Department of Labor.

         (C) Any such program or service that is a workforce
       development program targeted to specific groups.

       (3) The term "priority of service" means, with respect to any

     qualified job training program, that a covered person shall be

     given priority over nonveterans for the receipt of employment,
     training, and placement services provided under that program,

     notwithstanding any other provision of law.

     (b) Entitlement to Priority of Service. - (1) A covered person is

   entitled to priority of service under any qualified job training
   program if the person otherwise meets the eligibility requirements

   for participation in such program.
     (2) The Secretary of Labor may establish priorities among covered

   persons for purposes of this section to take into account the needs
   of disabled veterans and special disabled veterans, and such other

   factors as the Secretary determines appropriate.
     (c) Administration of Programs at State and Local Levels. - An

   entity of a State or a political subdivision of the State that
   administers or delivers services under a qualified job training

   program shall -
       (1) provide information and priority of service to covered

     persons regarding benefits and services that may be obtained
     through other entities or service providers; and

       (2) ensure that each covered person who applies to or who is
     assisted by such a program is informed of the employment-related

     rights and benefits to which the person is entitled under this

     section.

     (d) Addition to Annual Report. - In the annual report required 
    under section 4107(c) of this title for the program year beginning


    in 2003 and each subsequent program year, the Secretary of Labor


   shall evaluate whether covered persons are receiving priority of
    service and are being fully served by qualified job training


    programs, and whether the representation of veterans in such


    programs is in proportion to the incidence of representation of


   veterans in the labor market, including within groups that the
    Secretary may designate for priority under such programs,

if any.

AWES: Issues of Equity, Propriety, Ethicality and Legality

2007-02-25T10:46:00.000+05:30

Real Army Veteran Welfare and AWES: Issues of Equity, Propriety, Ethicality and Legality

I, as an activist in the promotion of true equal opportunity and true welfare of the "veterans of India" have some troubling questions which I am putting under the microscope. Will any one in this group be willing and motivated to apply their intellectual energy to analyse the issues identified by me as a single individual with out the benefit of multiple minds? Examining an issue does not mean pre-judging the issue. While we start with an open mind, if the study finds grosss anomalies, it might initiate some lobbying to redefine the "welfare" bandwagon and bring focus to the veteran welfare theme.

The issues in a nutshell are:

Is the laudable AWES educational "welfare" activities and welfare benefits really promoting the larger interest of the average veteran, whom it is supposed to be ideally targeted?
Has the AWES welfare measure been hijacked by decision makers with strong motivation to corner the benefits for their own children who are independant majors (more than 21 years of age) and use the welfare educational facilities to qualify for other than service career and thus escape the practical compulsions/ need to volunteer for a military career?
AWES provides some employment opening for a number of veterans and that is a good thing. But has it done enough to upskill the ordinary veteran to make him more employable in the competitive job market?
Is it appropriate, prudent and ethical that AWES be allowed to consume ordinary tax payer funded resources and thus subsidise the costs to the actual recipient of the benefit while the services offerred by the society is open to private group of progeny of veterans and actually hogged by a miniscule percentage of this target group i.e 99% resources are appropriated by the 0.1% of progeny of the larger target group i.e. average veterans of India? By tax payer subsidising the cost of education of majors who have no intention to serve in the Armed Forces, is it in any way advancing the cause of welfare of the "average veteran"?
Is AWES educational institutions truly "veteran friendly" (as is known in the veteran friendly countries like USA ) in the sense that they accept veterans with open arms even by exercising affirmative action or they go out of their way to deny the opportunities to veterans ?
Is AWES policy of keeping strict age limits of 19, 20 and 21 for admission to the professional educational institutions a denial of equal opportunity to the "real veteran", whose funds have been appropriated for the purpose?
Is age discrimination denial of "equal opportunity" for the real veteran who could benefit from the educational opportunity offerred by the AWES and on whose behalf the AWES assumes legitimacy far above that of a "strictly private registered educational society" in the newly lucrative educational industry ?
Is discrimination on the basis of "parent's professional affiliation" by a public educational institution granting university degrees in the country and affiliated to Universities in India under Universities Act a violation of "equal opportunity" enshrined in the fundamental rights of the constitution of India? ( e.g. Can a private educational society like that of Tata or Birla discriminate against the public by reserving 100% admissions to professional colleges under it to children of their own family?)
What all could AWES with its educational infrastructure built with veteran welfare funds spread across the length and breadth of the country do to increase the employment opportunity for the average veteran but has failed to do so because of diffused thinking about what we mean by Army Welfare ?

VETERAN RESOLUTION

2007-02-21T02:37:00.000+05:30

VETERAN RESOLUTION

Expressing the sense of the Veteran Population of India regarding the ongoing need to provide every veteran with equal access to opportunity in education, business, and employment and the indispensability of Affirmative action programs in securing such equal access.

Whereas despite the progress which has been made in the past 62 years ensuring equal opportunity for veterans of all ranks: ORs, JCOS and Officers, equal opportunity in education, business, and employment remains elusive for the great mass of members of these groups;

Whereas as a result of the lack of equal opportunity many, perhaps a majority of veterans are denied their fair share of business opportunity, never recieve employment after early seperation forn the services, find their career paths capped, and are excluded or underrepresented in many fields of training or education;

Whereas veterans are denied full access to educational and economic opportunity, all India suffers from the loss of these discarded and suppressed talents, contributions, leadership, and insights;

Whereas the notion of equal opportunity flows directly from the fundamental rights of equal opportunity in employment enshrined in the Constitution of India and ought to be part of our most deeply embedded values, and affirmative action programs arise from, and are consistent with, the need to proactively extend equal opportunity through our public and private institutions and especially in strictly private institutions created with welfare funds generated by the veterans for the Welfare of the Veterans.

Welfare of the veteran does NOT mean welfare of the children of veteran (and specially when the veteran can benefit and are willing to take advantage from education) for the basic and professional education (which he himself missed becausde he joined the military service at a very young age before completing his civilian education) and yet not only affirmative action NOT provided for not so well educated ordinary veteran, but by construction of ridiculous rules, we deliberately excluded the under dog veteran from getting any of the basic and professional education in strictly private Veteran Welfare educational institutions (managed by AWES).

Fundamental principle is denying or restricting an educational opportunity should be if and only if these large population of veterans (who needs these educational opportunities most as they left their unfinished education to join our forces at an early age and are forcibly discharged at a very early age almost in their prime of youth to fend for themselves) can not take advantage of these educational opportuinties due to 100% disability.

We should be fighting day in and day out with every institution in the whole country, government, public and private institutions for providing afirmative action to give these most deserving veterans to avail all educational opportunities at zero cost to themselves. Instead, we create huge educational infrastructure with veteran wefare funds under the Army Welfare Educational Society and deny them the educational opportunity they badly need!

All because the policy makers did not have the vision to get out of the outmoded mindset view that educational opportunities can be taken advantage of only in your teens or in your early 20's. This is age discrimination against the veteran at its worst perpetrated by our own policy makers.What face do we have to fight against lack of affirmative action in the larger society when we are the biggest culprits in age discrimination. If it was USA, Canada, UK, Europe, Australia and New Zealand, these policy makers would have been breaking Age Discrimination laws and sent to jail and imposed heavy monetary penalties.

Whereas the advanced countries' experience has taught us that no group will, or should, accept anything less than full and equal access to educational, business, and employment opportunity and that the denial of such opportunity on the basis of age, race, ethnicity, gender, or disability undermines our national unity, rends the political and social fabric of our Nation, and distorts and mutates democracy and government;

Whereas Affirmative action is a tool, or set of tools, for overcoming the remnants of prejudice and bias and for achieving fairness and equal opportunity, which provide qualified members of our community equal opportunity, without quotas, without denying fairness and equal opportunity to any groups or individuals; and

Whereas Affirmative action rejects simplistic notions of ranking on merit, recognizes that there is no single test or measure of merit, and seeks to capitalize on the strengths of our diversity of being, and our diversity of experience: Now, therefore, be it

Resolved,

SECTION 1. EQUALITY OF OPPORTUNITY IS, AND OUGHT TO BE, THE LAW OF THE LAND.

It is the sense we, the veterans should undertake to protect and expand equality of opportunity for our veterans at every opportunity.

SEC. 2. AFFIRMATIVE ACTION IS CONSISTENT WITH, AND NECESSARY FOR, ACHIEVING EQUALITY OF OPPORTUNITY.

It is the sense of the wisdom that--

(1)We still faces significant challenges with achieving equal opportunity for our veterans and disabled persons;

(2) Affirmative action is a powerful, effective, and at this stage of our development as a nation, necessary, tool for achieving such equal opportunity and should be utilized in the public and private sectors to correct patterns of past and current discrimination; and

(3) the laws of country shall be construed to recognize our constitution's intent to incorporate Affirmative action so as to maximize equal opportunity for veteras and disabled persons.

SEC. 3. THE MILITARY AS A INSTITUTION SHALL PROMOTE AFFIRMATIVE ACTION IN ALL EXECUTIVE ACTIONS AND PROGRAMS.

It is the sense of our constitution that we shall incorporate Affirmative action into the education, employment, contracting, granting and all program activities.
It is recognised that the denial of equal opportunity took root because of the old mind set of the policy makers (and not due to anymaleovolence) and the earlier we correct it, the better it is.

The stark statistics might give us a jolt:

............................................................................Veteran ......... V. Progeney

Funds used for Educational infrastructure: .........100% ...................0%

AWES Educational Opportunity
(Click and see statistics here)

Total Public School Opportunities(24338 ) ................0 ......................24338 ( a large %age cornered by officer's children)
Total school edu opportunities (128500)................... 0 .......................128500
Total professional edu opportunities(1710) ...............0 ............................1710 (A large %age , almost 90+ %age cornered by Officers children who have rejected army as a career)

Is it in fitness of things to privide educational opportunities to those who are rejecting the military career over those who have dedicated themselves to it with funds provided exclusovely for veteran welfare?

All because we have (in our stupidity) written off the veteran and hopes that the children of the veteran if given an education will look after the veteran in their old age, but what is the guarentee?

In advanced west, the veteran benefits can only be availed by the immediate relative of the veteran if and only the veteran is totally disabled and unable to avail of the benefits and the veteran has to depend on the relative for life sustenance and support for the rest of his life. That is clear thinking at its best.

Age discrimination is a crime against veteran and AWES practises it openly with immunity.

See the Australian age discrimination act 2004
which states:
26 Education
(1) It is unlawful for an educational authority to discriminate against a person on the ground of the person's age:
(a) by refusing or failing to accept the person's application for admission as a student; or

(b) in the terms or conditions on which it is prepared to admit the person as a student.
(2) It is unlawful for an educational authority to discriminate against a student on the ground of the student's age:
(a) by denying the student access, or limiting the student's access, to any benefit provided by the educational authority; or
(b) by expelling the student; or
(c) by subjecting the student to any other detriment.

How to make our Army Veteran Friendly ?

2007-02-14T04:42:00.000+05:30

Sir,
You may dismiss this as a stupid question. We are veteran friendly and we do not want any one to teach us how to be "veteran friendly" is the reaction of the normal army officers right from the 2/ Lt to the General. May be you also believe it is so. All I can say is that you have not applied your mind to the question of what is veteran friendliness.

We have defined " veteran welfare" to mean how to look after the interests of our "progeny" at the expense of the "veteran". This issue requires little study and reflection.

We have done a very good job of building AWES(Army Welfare Education Society). It is very artfully conceived as a private initiative designed for the welfare of the "progeny" of veterans who have expressly rejected army as a career option and not the welfare of the " veteran". This may sound little too discordant for our top brass and may be little unsettling for many of us who as usual do not think through the issues involved.

Originally, the AWES must have been funded from welfare funds of the Army controlled by the top brass. The funds possibly must have included canteen profits which are required in principle to be used for the veteran welfare. The question I am raising is : Are we using these funds for the benefits of the veterans?

AWES has created a very impressive institutional chains and all those who contributed to the development of these institutions really deserves credit and our praise. Over a period of time we tend to do local optimisation and in the bargain tend to loose the over all strategic direction. That may not be visible easily unless you examine the institution and how the strategic purpose of "veteran welfare" is being operationalised.

Are AWES institutions "veteran friendly" ? One moment of reflection reveal that they are least "veteran friendly" because the number of veterans who are able to take advantage of these institutions are minuscule, no, just zero. Statistics of number of veterans who benefited from these institutions are near zero! That is not by accident, it is by design deliberately to keep veterans out and weighed in favour of progeny of Officers, JCOs and ORs in that order. The outcome of admission results obviously are designed to favour the miniscule number of officers children compared to the overall veterans.

The upper age limit for the professional colleges are kept at 21/22 years.( the message is , look, let the veteran go to hell, we are not interested in them.)
The progeny of those Army personnel who join the Army in the ranks or as officers can also forget about taking advantages of these institutes.
So essentially, this whole scheme is used for those children of services personnel who have rejected Army as a career either in the ranks or as an officer.

"After independence, education in a residential public school was out of reach for most officers" says the introductory sentence of the AWES : A HISTORICAL OVERVIEW.
Institutional control and coerce mechanisms are used to direct funds for veteran welfare for the welfare of our progeny who have rejected army as a career. Seperation of a privately funded educational Society's benefit from that of the Institution of the Army is not only not kept but deliberately confused. See the coersion of veteran welfare funds for the activities at Para 4 of the the second letter below. Not only that, (see 005/GENERAL/2006) the veteran welfare funds are utilised for life insurance of students (and on the margin of the employees of the AWES).

AWES, a private educational society issues directive to Army formations how to hood wink the Government. Misuse of government resources and government employee time are used to subsidise the cost of running educational institution to benefit those who mange to get admission into these institutions. Those who are excluded are the millions and millions of real veterans who rot in the villages eking out a living on their pensions. They can at the most seek employment as guards in a bank but not aspire any job after qualifying at the educational institutions created with funds for veteran welfare. In the meanwhile, we officers children who could not get admission into the premier institutions like IIT, AIIMS, NUL and IIM will get some engineering, Law, Medicine, dental , hotel management and Management education to join the work force other than Army of course!

I had the proud privilege of meeting some veterans doing PhD under the GI Bill in prestigious institution like Princeton and Stanford in USA some time back and they were all non officer veterans. And, we deliberately keep our veterans out of institutions for undergraduate education created out of the welfare funds generated for their benefits!
Do we need any more proof that we are "least veteran friendly" ? Why blame other organisations for resisting lateral entry, etc. Our enemies are within ourselves!
We have misused the brand name "Army" for AWES which is strictly speaking unethical. Can AWES take me to court if I start an institution and call it Army Institute of Computer Technology? Can AWES have a claim on the brand of " ARMY"? Will the claim be sustained in a court of law? Any analysis?
Instead of us fighting against discrimination on the basis of age and for laws like in all the advanced countries (USA, Canada, UK, , Europe, Australia Newzeland), we have introduced age disqualification to keep the veterans out of the benefit for education in institutions established out of veteran welfare funds! See the Australian age discrimination act 2004
which states:
26 Education
(1) It is unlawful for an educational authority to discriminate against a person on the ground of the person's age:
(a) by refusing or failing to accept the person's application for admission as a student; or

(b) in the terms or conditions on which it is prepared to admit the person as a student.
(2) It is unlawful for an educational authority to discriminate against a student on the ground of the student's age:
(a) by denying the student access, or limiting the student's access, to any benefit provided by the educational authority; or
(b) by expelling the student; or
(c) by subjecting the student to any other detriment.

We should be lobbying for such laws in India too, in the interest of our large number of veterans, but instead, we are cornering the benefits at the expense of the veterans! Will an ordinary veteran be educated enough to raise his voice against this?
See how we are using a government web site to advertise a private intiative: http://www.awes.nic.in/
regards
nath

Our ethical standards are questionable. It is tantamount to official stealing of government money.Examples of converting public money into private benefit:
=============================================================================================================================

CIRCULAR NO 003/GEN/2004


Tele & Fax: 23018363,23018702 ASCON : 2938, 2948 E-Mail : cw9@rediffmail.com aweshq@hotmail.com		Army Welfare Education Society (AWES) Adjutant General's Branch Army Headquarters Building No 153, Kashmir House Rajaji Marg DHQ PO New Delhi-110011
B/45795/AWES		12 Jul 2004
List 'C' SERVING OFFICERS VISITING HEADQUARTERS ARMY WELFARE EDUCATION SOCIETY (AWES) General 1. Serving officers are often required to visit Adjutant General's Branch, HQ AWES to attend conferences, make presentations, discuss issues pertaining to Professional Colleges / Schools or various other AWES related matters. 2. Of late there has been instances when vehicle were not detailed by theADG Adm and Coord for conveyance of officers on the plea that audit authorities were objecting to duties related to AWES. It is possible that CDA (O), at a future date, may raise similar objections relating to temporary duty move sanctions related to AWES matters. In any case, all serving officers visiting AWES do have a number of issues with the Army Headquarters. Ruling 3. Those visiting HQ AWES or who are called to HQ AWES for presentation in Adjutant General's Branch concerning AWES matters will show duties to AG Branch in all correspondence having financial bearing for audit authorities. Action at Formations Level 4. Formations while requesting for temporary duty of officers to ensure that the move is requested for one of the following :- (a) Discussion with AG/DG D C&W regarding Welfare matters. (b) To attend conference at Adjutant General's Branch. (c) Discussion on A matters. 5. Move details alongwith Exact Time of Arrival (ETA) will be forwarded at least 10 days in advance. This period is considered essential to indent, arrange accommodation and transport. In case, the formations are unable to send the requisition within this time frame, officers may have to make their own arrangement for accommodation and transport. Action at HQ AWES 6. HQ AWES will ensure that formations get sufficient time to prepare for the requirements for which the officers are called. Formations must indicate at the earliest the intended programmes of officers so that adequate arrangements for their reception, accommodation and transport are made. Indent for accommodation and transport will be placed on Adm & Coord, quoting the authorized duty. The indent will be got countersigned by DDG (Welfare) or by ADG C&W when the requirement of transport is for non working days.

CIRCULAR NO 03/GEN/2006

Tele : 23018702
E-Mail - aweshq@rediffmail.com

Army Welfare Education Society (AWES) Adjutant General's Branch
Army Headquarters
Bldg No 153, Kashmir House
Rajaji Marg, New Delhi - 110 011

B/45797/BOG/AWES

16 May 06

List 'A'

CONTRIBUTION BY HQ COMMANDS / FORMATIONS OUT OF WELFARE FUNDS FOR AWES SCHOOLS / COLLEGES WITHIN THEIR JURISDICTION

1. Reference Para 6 of Appendix to this HQ letter No B /45797 / BOG / AWES dated 02 May 06 (Minutes of BOG held on 18 Apr 06).

2. There has been a paradigm shift in our definition of welfare. Education and health have emerged as key areas for our concern and attention. Bulk of the amount out of welfare funds has been/is being spent on provision of quality education at affordable cost. Due to expansion and privatization of education, salary bill of quality faculty is increasing. Funds are also required to provide good infrastructure. Keeping this in mind, a decision was taken by the Board of Governors, duly approved by COAS, during the meeting held on 28 Oct 04, for appropriate contribution of at least 15-20% of the Welfare Funds to education projects within your jurisdiction. Based on this decision, a feedback for the financial year 2005-06 was obtained.

3. COAS, during BOG meeting held on 18 Apr 06, expressed his concern over the fact that some of the formations were not spending the desired amount on AWES educational institutions, especially when viewed against the fact that Army HQ is spending more than 65% of its funds on the same. He has desired a feed back from the Commands.

You are requested to coordinate the efforts at HQ Command level and issue detailed instructions to implement the directions of BOG and of the COAS. The amount can be spent to improve the following in AWES Colleges/Schools :-

(a) Infrastructure.

(b) Upgradation of Information Technology (IT).

(c) Incentives to outstanding performers.

(d) Adventure activities.

(e) Principals Meet/Seminars.

(f) Faculty Enrichment Programmes.

(g) Any other Development activity.

5. In addition to the above, budget of AWES cells including pay and allowances of staff may be met by adopting any one or the combination of the following:-

(a) By utilising part of 15-20% of the welfare funds.

(b) By collecting contributions from Army Schools and Colleges on pro rata basis.

(c) By utilizing part of welfare funds and part from contributions from Army Schools and Colleges.

6. Command HQ will lay down detailed instructions on the subject so that formations get a clear picture of what is to be spent on schools/colleges and what contribution is required at HQ Command level to support the budget of AWES Cells. A copy of the instructions may be endorsed to this HQ.

7. To enable HQ AWES to give progress to the BOG during Apr & Oct, it is requested that data may please be submitted to Army HQ biannually, as per format attached covering periods as under:-

(a) Period 01 Apr - 30 Sep by 07 Oct.

(b) Period 01 Oct - 31 Mar by 07 Apr.

8. This letter supersedes our letter No B/45797/AWES dated 03 Mar 05.

	Sd/-x-x-x-x--x
	(MG Girish) Lt Gen DG D, C&W

Defenders of Constitution & Defenders of the territorial Integrity

2007-01-24T05:07:00.000+05:30

When a soldier goes to war, he enters a covenant with the country: I will go and defend every inch of our motherland and if necessary, lay down my life defending every inch of the territory.I do this as consequenceof the oath I have taken to defend the country against external aggression. The President and my Commander-in-Chief defend the Constitution and liberties and the fundamental rights enshrined in the constitution for my family I am leaving behind as a consequence of the oath of office:

The oath of office for the President of India :

I, [Name] , do swear in the name of God/solemnly affirm that I will faithfully execute the office :of President (or discharge the functions of the President) of India and will to the best of my :ability preserve, protect and defend the Constitution and the law and that I will devote myself to :the service and well-being of the people of India.

.
Many soldiers laid down their lives defending 1/2 inch of barren land no one wants or needs. His commander-in-chief and the PM and the ministers and all the government functionaries failed to defend the Constitution and the fundamental rights and gave up even with out a fight. Not just gave up, but invented ingenious way to deny it to the family of the soldier who died defending the territory. The soldier fulfiulled the part of the covenant but the his commander-in-Chief failed him in keeping their part of the covenant.

The best of their ability with which they defended the constitution and the abridgement of fundamental rights by the Ninth Schedule was just not god enough and at best was a compromise on the basic structure of the constitution and the fundamental rights.

If the soldiers were to have a Ninth Schedule equivalent for the territory the soldier was defending, every time he could have put the ground that is occuppied by the enemy in a "Ninth Schedule" equivalent and could have saved his life by not fighting for it!
Instead, the soldier fought vigorously and laid down his life. He did not compromise by some clever definiton of equivalent of the 9th Schedule.

It is a fraud on the soldier who fell fighting for every inch of territory he was defending because those who were to defend the fundamental rights and freedom guaranteed in the constitution have yielded with out even a single fight and his family lost the "fundamental rights" for more than 50 years! Law makers made laws (250 of them) against the express intent of the Constitution of India against the spirit of Article 13 of the Constitution of India and those who had taken oath to protect the constitution of India did not do any thing substantial to stop this violation of the Constitution.

Read the provisions of the constitution once again:

13. Laws inconsistent with or in derogation of the fundamental
rights.—(1) All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.
(2) The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.

13(1) says that all existing laws that violates fundamental rights are null and void.
13(2) The State shall not make any law that violates the fundamental rights. It does not give any escape route like NINTH SCHEDULE to circumvent 13(2)

And our rulers (not the original constitution framers) made the first amendment to the constitution circumventing 13(2) to deny the fundamental rights to their citizens and the Commander-in-Chiefs did not defend the fundamental rights vigorously enough!

Constitution framers could not have been more clear than the way they defined it in 13(1) and 13(2) in no uncertain terms!

A Defender of Constitution and Fundamental Rights:

Nani Palkhivala

Palkhivala had a deep respect, indeed reverence, for both the constitution, and for the cardinal principles he saw embedded in it: "The Constitution was meant to impart such a momentum to the living spirit of the rule of law that democracy and civil liberty may survive in India beyond our own times and in the days when our place will know us no more."

Nani saw the constitution as a legacy that had to be honored while simultaneously being flexible. Quoting Thomas Jefferson, he said, the constitution must go "hand in hand with the progress of the human mind". He was however a firm opponent of politically motivated constitutional amendments (His favourite quotation was from Joseph Story, who said: "The Constitution has been reared for immortality, if the work of man may justly aspire to such a title. It may, nevertheless, perish in an hour by the folly, or corruption, or negligence of its only keepers, the people.").

The culmination of Palkhivala's success before the Supreme Court came in the famous Kesavananda Bharati vs. The State of Kerala case [AIR 1973 S.C. 1461, (1973) 4 SCC 225]:

Parliament had added the Ninth Schedule to the Constitution through the very first constitutional amendment in 1951 as a means of immunizing certain laws against judicial review. Under the provisions of Article 31, which themselves were amended several times later, laws placed in the Ninth Schedule could not be challenged in a court of law on the ground that they violated the fundamental rights of citizens. This protective umbrella covered more than 250 laws passed by state legislatures with the aim of regulating the size of land holdings and abolishing various tenancy systems. The Ninth Schedule was created with the primary objective of preventing the judiciary - which upheld the citizens' right to property on several occasions - from derailing the Congress party led government's agenda for a social revolution.

In the now famous ruling, on April 24, 1973, a Special Bench comprising 13 Judges of the Supreme Court of India ruled by a majority of 7-6, that Article 368 of the Constitution "does not enable Parliament to alter the basic structure or framework of the Constitution.". Moreover, it reiterated a decision of a Special Bench of 11 Judges, by a majority of 6-5, on February 27, 1967, that "Parliament has no power to amend Part III of the Constitution so as to take away or abridge the fundamental rights" (I.C. Golak Nath vs. The State of Punjab, AIR 1967 S.C. 1643, (1967) 2 SCJ 486).

The court propounded what has come to be known as "the basic structure" doctrine, which rules that any part of the Constitution may be amended by following the procedure prescribed in Article 368, but no part may be so amended as to "alter the basic structure" of the Constitution.

Later, in Minerva Mills Ltd. v. Union of India, [(1980) 3 SCC 625], Palkhivala successfully moved the bench to declare that clause (4) of Article 368 of the Constitution which excludes judicial review of constitutional amendments was unconstitutional.

I salute you, Nani Palkhivala, the Defender of the Constitution!

Indian Veteran & Life certificate for Pension

2006-11-17T04:19:00.000+05:30

To day, 16 November 2006 is a red letter day in my life just as I was in the rock bottom of my spirits yesterday, 15 November 2006.
Let me explain the reason for my undue exhuberence to day compared to my down in the dumps feeling yesterday. Yesterday I visited the SBI, Los Angeles, California in down town Los Angeles in the plush Wells Fargo building at 700 Willshire Blvd, Los Angeles, in the most exclusive financial District of the Downtown. I was dismissed by a staff member when requested for a Life Certificate for the purposes of receiving my pension from the Controller General of Defence Accounts Pension, Allahabad saying: Pay up $20, take it or leave it. I thought it was ridiculous to charge $20 for a goverment requirement and the SBI is not only a govt bank but the Government is the major customer of the bank.
I thought my trip to Downtown had gone waste and since there was no other Public sector Bank in Los Angeles and also there are no Consulate of the Embassy of India in Los Angeles. The nearest consulate is in San Francisco. I had told the staff member that it makes no sense that I should make a payment of $20 for the requirement of the Government of India Department and it is not a commercial service I was seeking from them. Her argument was that others have paid the $20 and obtained the Life certificate from them and she showed me proof of such certificates issued and since there are no other public sector Bank or the Consulate, I have no choice left if I wanted to prove that I am alive to the Govt of India. I explained to the staff member that I am going to prove to their bank and also the Government of India that I am not dead and I am still alive.
I came home and send out a letter to CGDA with a copy to SBI, India, SBI, New York for Chief US Operations and CEO, SBI California.
Email to CGDA
----------------------------------------------------------------------------------------------
From
Lt Col CPC Nath(Retd)
6830 woodley ave Apt #4
Van Nuys, California 91406
USA
Phone: 310 882 1945

To
Principal Controller of Defence Accounts (Pensions), Draupadi Ghat, Allahabad - 211014 , INDIA

Copy to:

Office of the Country Head (U.S. Operations) SBI

CEO, SBI, Los Angeles California

dgm.customer@sbi.co.in

Sir,
It is the government requirement that a public sector bank certifies that the pensioner is alive when he presents himself at the bank for getting the life certifcate signed once a year in November.It is not a commercial opportunity for the public sector bank to make some fast buck from the pensioner.

Is this appropriate ? Please raise your objection with SBI Headquarters immediately on this grossly inappropriate action on the part of the public sector bank for a service performed on behalf of another government department (CDA Pension). The amount of business SBI gets from the government treasury would lead one to believe that the service will be given free of cost to the Government Department. But some commercially smart official at SBI, USA had decided to make a fast buck for providing this service to another government department and is asking the pensioner to pay $20/= for a life certificate.

As a veteran having served the country and risked ones life continuously for 365 days for 22 years, I strongly object to this action on the part of SBI. It is the government requirement that a public sector bank certifies that the pensioner is alive when he presents himself at the bank for getting the life certifcate signed once a year in November. It is not a commercial opportunity for the public sector bank to make some fast buck from the poor pensioner.
I was shocked when the SBI, Los Angeles, California asked me for $20 (almost Rs 1000) for signing the life certificate. It is almost a months pension for an average veteran. It is the interest an average veteran pensioner would earn for keeping his one years pension with the Bank for couple of years.

Is this appropriate? Please raise your objection with SBI headquarters immediately on this grossly inappropriate action on the part of the public sector bank for a service performed on behalf of another government department (CDA Pension). The amount of business SBI gets from the government treasury would lead one to believe that the service will be given free of cost to the pensioner.

Pse take immediate action to raise objection with the SBI and resolve the issue. Till then, I refuse to pay $20 for the service SBI is performing for CDA Pension Allahabad.
regards
Lt Col CPC Nath(Retd)

-------------------------------------------------------------------------------------------->

To day, I received a call on my cell phone by none other than Ms. Shaila Patankar, the CEO of State Bank of India, California, an incorporated Bank in the state of California. She was apologising for the actions of her staff member and wanted to come to my home and meet me and apologise personally and deliver the certificate personally herself. (See below the Kamal of RTI Act I used to leverage the power to move the CEO). I thought it was too much for CEO of a California Bank to do that. Even her taking off time to talk to me itself was too much out of the way for a CEO and that I am honoured by her call this morning. She wanted to note down my particulars so that they can prepare the Life Certificate. I insisted that that I JUST CAN NOT expect a CEO to note down my particulars herself and I insisted that she ask a staff member to come on line so that I can give all details including my name, rank, PPO order, Bank Account and Bank name and Branch in India etc. I provided all the details and now she is despatching the certificate by mail to my home.
She further apologised to me for the mishap. I asked her that the way a veteran was treated yesterday was unheard of in USA where veterans are treated with respect. I asked whether she knew how much a US veteran was charged for a Life Certificate? Obviously she did not know. I told her that it cost the veteran nothing at all.
I also added: "I did not need your verification to prove to myself that I am not dead and I know that I am alive. Also, I have already filed a Request to Information under Right to Information Act 2005 and I am seeking information on the following:

# The original document of orders under which I was being charged $20 by SBI California for the life certificate required by the Government of India Ministry of Defence CGDA ?
# The detailed logic as per your internal decision making process under which the decision to charge $20 for Indian Defence pensioners was taken.

Now I am waiting for the certificate to arrive by mail. My RTI request can be seen here:
RTI Request of CPC Nath

from

CPC

hide details

Nov 16 (1 day ago)

sbilaa@yahoo.com

dgm.customer@sbi.co.in

date

Nov 16, 2006 12:18 PM

subject

REQUEST UNDER Government of India RIGHT TO INFORMATION ACT 2005

mailed-by

gmail.com

Lt Col C P C Nath(Retd)

Phone: 310 882 1945, email: cpcnath@gmail.com

6830 Woodley Ave Apt# 4

Van Nuys, CA 91406

Indian Veteran: Focus for India

2006-10-04T03:15:00.000+05:30

A Study of a Model Veteran Focus Program for Adoption with Appropriate Modifications to suit the Country

(A Multi-Media Presentation)

Listen to "Amazing Grace."

November 11th Veterans Day

Veteran's Day

A veteran (from Latin vetus, meaning "old") is a person who is experienced in a particular area, and is particularly used to refer to people in the armed forces. It often refers to retired service personnel. A veteran is one who has served in the armed forces and has an honorable discharge; a common misconception is that one has either been in combat and/or is retired from active duty to be called a veteran.We need one day we remember all those who fought in all the wars starting from World War 1 right upto the insurgency of yesterday and we need to call it Veteran's Day. Veteran means all those who were ever in uniform and those who are in uniform to day. Veteran is an all encompassing word. Many nations within the Commonwealth of Nations observe Remembrance Day on the same date i.e 11 th November. That is the day nation should remember every one who was in uniform ever. That will coincide with the day the free world remebers the veteran. That will be fitting tribute to our major and perhaps the only reckonable war memorial: India Gate.

Built in the memory of more than 90,000 Indian soldiers who lost their lives during the Afghan Wars and World War I, the India Gate is one of the most famous monuments in Delhi

The tomb of the Unknown Soldier. The Amar Jawan Jyoti (the flame of the immortal warrior). A black marble cenotaph with a rifle crested by a helmet forms the main shrine.

The names of the soldiers killed during the wars are inscribed on the walls of the India Gate.

India Gate by night, the view also shows the grounds around India Gate, February 2006.

Do we have one Monument of the stature of India Gate built by Independant India in honour of its Veterans after Independance? Is it because the independant India is not as much thankful to them as Her Majesty, the Queen of England was thankful to the services renderd by the Veterans of India? Or is it that the rulers of India that followed after independance were too busy to appreciate this? It is an insult to not only all those who fought for the independant India and all those who made the supreme sacrifice but also to those who are alive today but find no commemoration of their loved ones who made sacrifices for the country. Service at the call of the nation is not just another job or another career but a calling that demands supreme sacrifice when called upon to do so. Very few people who have not made services their calling in some part of their life will ever understand this simple truth. Unfortunately, we have very few representation of such people amongst our law makers and rulers unlike perhaps in those countries where the law makers and rulers had more than its fair share of representation. It is a sad commentry on all those veterans who rose to important positions in the Independant India both within the Armed Forces and out side that they have failed the country and its veterans to bring the focus on its veterans. It is never too late to correct the sad state.

Ministry of Veteran Affairs

We have no single nodal point which will address all the vetran affairs. Can the Service Headqarters fulfill this function? No. They are focussed on solving the security issues of the day. Can the Ministry of Defence do this? No. The recent case of Ministry of Defence deciding to appeal against a Supreme Court Judgement in favour of a veteran speaks volumes. If veterans are provided free legal counsel for their cases as is done in many countries, then M of D will be funding both sides of the case. M of D does not see the irony of this. Bureaucrat deciding to fight the case knows that it does not cost him any thing. M of D says that it will use the tax payers money to block the benefits of a judgement against the government and in favour of veterans and the veteran will use his after tax retirement benefits to pay the lawyers to defend his case against the Mof D. Currently, Veterans are passing the hat around to collect money to fight the appeal by M of D. Obviously, M of D does not represent the interests of the vetereans. We need a full fledged Ministry looking after all the affairs of the veterans. We suffer the consequences of not having one. All free world nations who honour their veterans have such a Ministry headed by a full fledged Minister reporting to the country's Chief Executive directly. This includes UK, Canada, Australia, Newzealand and most importantly United States. The country most indebted to its veterans is the US and they had a full fledged Department of Veteran Affairs for the last 80 years. This Department of Veteran Affairs is headed by a Secretary (equivalent to a Minister in our case) of the same rank as Defense Secretary. The authorities and duties of Secretary VA and the Department of VA are spelled out in the US Code. The same model has been adopted by all the other countries named above. Giving focus to veteran affairs can not come unless the same model is adopted. Ministry of VA could be totally staffed by veterans and non-veterans who compete openly for every position right upto the top as is done in the US DVA. This could be a model Ministry for this lateral induction experiment which is successfully implemented in the United States for the last so many years.

Considering the Department Veteran Affairs USA had the longest learning process in managing Veterean Affairs, we should desirably adopt the organisation agenda for business and benefits of US VA as a model (A Summary of VA Benefits) for our Ministry of Veteran Affairs.

The total lack of interest in and action on war memorials in India will automatically get corrected if a focussed Ministry of Veteran Affairs becomes the single nodal point for all Veteran Affairs directly responsible to the Prime Minister and the Parliament of the Country.

Legislation

The number of legislation passed in favour of the Veterans in the US is a model worth emulationg and this sort of focus came about in the US because of a very strong Senate Committee on Veteran Affairs overseeing the veteran legislation in the senate. Similar committees in our Parliament with vast powers is the only solution to get the veteran affairs focussed legislation in India.

We need a Veteran History Project under the auspices of the Indian Parliament Library on the lines of the same name under Library of Congress in USA, motivated by the urgent need to collect the stories and anecdotes and passed on by word of mouth from generation to generation. The Veterans History Project relies on volunteers to collect and preserve stories of wartime service.
"Our primary focus is on first-hand accounts of U.S. Veterans from all the 20th Century wars" reads the US Veteran History Project Mission.

Benefits

The model of benefits based on the US model is given below for all appropriate benefits:
In considering the improvements of veterean benefits, a systematic approach with one sigle legislation and appropriation is the solution rather than piece meal award of benefits. (Currently, it a shameful tragedy that some of the veteran benfits in India are awarded from the Defence Minister's Discretionary Funds - typical case of retaining discretion by the well entrenched bureaucracy because the Defence Minister has no time for exercising such discretion!) Title 38 of US code is such a condensation in the form given below.

TITLE 38--VETERANS' BENEFITS
- PART II--GENERAL BENEFITS

CHAPTER 11--COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
CHAPTER 13--DEPENDENCY AND INDEMNITY COMPENSATION FOR SERVICE-CONNECTED DEATHS
CHAPTER 15--PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH OR FOR SERVICE
CHAPTER 17--HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE
CHAPTER 18--BENEFITS FOR CHILDREN OF VIETNAM VETERANS
CHAPTER 19--INSURANCE
CHAPTER 21--SPECIALLY ADAPTED HOUSING FOR DISABLED VETERANS
CHAPTER 23--BURIAL BENEFITS
CHAPTER 24--NATIONAL CEMETERIES AND MEMORIALS

Health Care Benefits

VA should totally revamp Health Care Benefits to include:

Hospital, outpatient medical, dental, pharmacy and prosthetic services
Domiciliary, nursing home, and community-based residential care
Sexual trauma counseling
Specialized health care for women veterans
Health and rehabilitation programs for homeless veterans
Readjustment counseling
Alcohol and drug dependency treatment
Medical evaluation for disorders associated with military service
Combat Veterans - VA will provide combat veterans free medical care for any illness possibly associated with service during a period of hostilityfor two years from the veteran’s release from active duty.

Vocational Rehabilitation & Employment

VA can help veterans with service-connected disabilities prepare fo, find and keep suitable employment. For veterans with serious service-connected disabilities, VA also offers services to improve their ability to live as independently as possible. Some of the services VA provides are:

Job Search: Assistance in finding and maintaining suitable employment.
Vocational Evaluation: An evaluation of abilities, skills, interests, and needs.
Career Exploration: Vocational counseling and planning.
Vocational Training: If needed, training such as on-the-job and non-paid work experience.
Education Training: If needed, education training to accomplish the rehabilitation goal.
Rehabilitation Service: Supportive rehabilitation and counseling services.
Time Limits to avail should be 10 to 12 years from the date VA informs you in writing that you have at least a 10% rating for a service-connected disability.

Education & Training

VA pays benefits to eligible veterans, reservists, and active duty service members while they are in an approved education or training program. Based on the type of military service, benefit programs are:

Active Duty Service: Persons who first entered active duty after June 30, 1985, are generally eligible under the Montgomery GI Bill (Chapter 30). Those who entered active duty for the first time after December 31, 1976, and before July 1, 1985, are generally eligible under the Veterans Educational Assistance Program (VEAP).
Reserve/Guard Service: Benefits are available to Reserve and National Guard members under [a] the Montgomery GI Bill (Chapter 1606) who signed a six-year commitment with a reserve unit after June 30, 1985, and remain actively drilling and in good standing with their unit, and [b] the Reserve Education Assistance Program (Chapter 1607) who were activated under Federal authority for a contingency operation and served 90 continuous days or more after September 11, 2001.

Time Limits: Generally, veterans have 10 years from the date they were last released from active duty to use their education and training benefits, and Reserve and National Guard members have 14 years from the date they became eligible for the program unless they leave the Selected Reserves before completing their obligation.

Home Loans

VA offers a number of home loan services to eligible veterans, some military personnel, and certain surviving spouses.

Guaranteed Loans: VA can guarantee part of a loan from a private lender to help you buy a home, a manufactured home, a lot for a manufactured home, or certain types of condominiums. VA also guarantees loans for building, repairing, and improving homes.
Refinancing Loans: If you have a VA mortgage, VA can help you refinance your loan at a lower interest rate. You may also refinance a non-VA loan.
Special Grants: Certain disabled veterans and military personnel can receive grants to adapt or acquire housing suitable for their needs.
Time Limits: There is no time limit for a VA home loan.

Life Insurance

Servicemembers’ Group Life Insurance (SGLI) is low-cost term life insurance for service members and reservists. Coverage of up to $400,000 begins when you enter the service. Generally, it expires 120 days after you leave the service.
Traumatic SGLI is automatically included in SGLI and provides for payment up to $100,000 for servicemembers who lose limbs or incur other serious injuries.
Veterans Group Life Insurance (VGLI) is renewable term life insurance for veterans who want to convert their SGLI up to an amount not to exceed the coverage you had when you separated from service. You must apply within one year from separation from service.
Service-Disabled Veterans Insurance, also called "RH" Insurance, is for service-connected veterans. Coverage is $10,000. You may be eligible for a $20,000 supplemental policy if you are totally disabled. You must apply for RH within two years of being rated service connected by VA

Dependents & Survivors

Dependency and Indemnity Compensation (DIC) is payable to certain survivors of:

Servicemembers who died on active duty
Veterans who died from service-related disabilities
Certain veterans who were being paid 100% VA disability compensation at time of death.

Death Pension is payable to some surviving spouses and children of deceased wartime veterans.
Parents’ DIC is payable to some surviving parents.
VA Civilian Health and Medical Program (CHAMPVA) shares the cost of medical services for eligible dependents and survivors of certain veterans.
Dependents & Survivors Education & Training: Some family members of disabled or deceased veterans are eligible for education and training benefits.
Home Loans: Certain surviving spouses may be eligible for this benefit.
Time Limits: For education and training benefits, spouses and surviving spouses have 10 years from the date VA first finds them eligible, and surviving spouses of servicemembers who died while on active duty have 20 years. Children are eligible from age 18 to 26. These time limits can sometimes be extended. There are no time limits to apply for the other benefits described above.

Burial/ Cremation

VA offers certain benefits and services to honor our Nation's deceased veterans.

Headstones and Markers: VA can furnish a monument to mark the unmarked grave of an eligible veteran.
Presidential Memorial Certificate (PMC): VA can provide a PMC for eligible recipients.
Burial Flag: VA can provide an American flag to drape an eligible veteran's casket.
Reimbursement of Burial Expenses: Generally, VA can pay a burial allowance of $2,000 for veterans who die of service-related causes. For certain other veterans, VA can pay $300 for burial and funeral expenses and $300 for a burial plot.
Burial in a VA National Cemetery: Most veterans and some dependents can be buried in a VA national cemetery.

Time Limits: There is no time limit to claim reimbursement of burial expenses for a service-related death. In other cases, claims must be filed within two years of the veteran's burial.
This is how US honours its veteans: "A Sacred Trust: The Story of the National Cemetery Administration" .

The video is intended for those with high speed connections.

A Sacred Trust: In Honor of All Veterans

They shall not grow old as we who are left grow old.
Age shall not weary them, nor the years condemn.
At the going down of the sun and in the morning,
WE WILL REMEMBER THEM.

"In Flanders fields the poppies blow

Between the crosses, row on row,

That mark our place; and in the sky

The larks, still bravely singing, fly

Scarce heard amid the gun below."

John McCrae

(1872-1918)

Lest we Forget

The Soldier

It is the soldier, not the reporter,
who has given us freedom of the press.

It is the soldier, not the poet,
who has given us freedom of speech.

It is the soldier, not the campus organizer,
who has given us the freedom to demonstrate.

It is the soldier, not the lawyer,
who has given us the right to a fair trial.

It is the soldier,
who salutes the flag,
who serves under the flag,
and whose coffin is draped by the flag,
who allows the protester to burn the flag.

By Father Dennis Edward O'Brien, USMC

Visit our memory pages to leave a memory, message or just a story of you and your colleagues. Let family members husbands, wives sons and daughters see the memories you have left for their fathers, mothers, brothers and sisters so they know they will never be forgotten.

RTI Request for the pay refixation information

2006-07-21T03:24:00.000+05:30

RTI relevent paras are given below. the original is here :
6
(1) A person, who desires to obtain any information under this Act, shall make a request in writing or through electronic means in English or Hindi or in the official language of the area in which the application is being made, accompanying such fee as may be prescribed, to—
(a) the Central Public Information Officer or State Public Information Officer, as the case may be, of the concerned public authority;
(b) the Central Assistant Public Information Officer or State Assistant Public Information Officer, as the case may be,
specifying the particulars of the information sought by him or her:
Provided that where such request cannot be made in writing, the Central Public Information Officer or State Public Information Officer, as the case may be, shall render all reasonable assistance to the person making the request orally to reduce the same in writing.
(2) An applicant making request for information shall not be required to give any reason for requesting the information or any other personal details except those that may be necessary for contacting him.
(3) Where an application is made to a public authority requesting for an information,—
(i) which is held by another public authority; or
(ii) the subject matter of which is more closely connected with the functions of another public authority,
the public authority, to which such application is made, shall transfer the application or such part of it as may be appropriate to that other public authority and inform the applicant immediately about such transfer:
Provided that the transfer of an application pursuant to this sub-section shall be made as soon as practicable but in no case later than five days from the date of receipt of the application.

=====================================================================================

I have raised a RTI request. Here is the email and the html document attached to it for those who want to raise an RTI:

From: xxx @...>

Mailed-By: gmail.com

To:webmaster@mod.nic.in

Date: Jul 19, 2006 11:16 PM

Subject: REQUEST UNDER RIGHT TO INFORMATION ACT

Reply | Reply to all | Forward | Print | Add sender to Contacts list | Delete this message | Show original | Message text garbled?

Images are not displayed.

Display images below - Always display images from nath@...

Sir,
I am forwarding the enclosed application to you for further delivery to

Shri D.K. Pandey, Director (Fin/Est/MO)

+91-11-23015539

Right to Information Officer,

7-A, South Block, Ministry of Defence (Finance), New Delhi.

as your email address is listed in the official page of the Ministry of Defence.

Yours sincerely,
Lt Col xxxx yyyy(Retd)

--
==================================================

Where the people fear the government you have tyranny; where the government fears the people, you have liberty.: William Feather (1908 - 1976)

==================================================

_______________________________
IMPORTANT NOTICE:
This email message including any attachments is legally privileged, confidential and is for the use of the individual or entity to whom it is addressed. Any unauthorized review, use, disclosure or distribution is expressly prohibited. If you have received this email message in error, please immediately notify us by email and destroy all copies of the message. Thank you.

=====================================================================================

Lt Col xxxx yyyy(Retd)

Phone: xxxxx yyyyy, email: xxxx@... xxxxx yyyyyyyyy Apt# 4

Ex- IC xxxxxxxx zzzzz xxxxx, xxxx yyyy

CDA(O) A/c no: xxxxxxx 19 July 2006

Shri D.K. Pandey, Director (Fin/Est/MO)

+91-11-23015539

Right to Information Officer,

7-A, South Block, Ministry of Defence (Finance), New Delhi.

This is an Application under the Right to Information Act 2005

1. I, IC-xxxxx, Lt Col xxxx yyyy (Retd) was commissioned into the Army on 15 june 19xx. I retired from Army on 1 February 19xx.

2. The 4th Pay Commission was appointed for proposing recommendations to the Central Government Staff including Defence Personnel. In terms of the recommendations of the 4th Pay Commission, Ministry of Defence had also issued notification for pay revision of Commissioned Officers. As per the notification, the integrated pay scale for the officers upto the rank of Brigadier in the Army and equivalent ranks in the Navy and Air Force was revised to Rs 2300-100-3900-150-4200-EB-250-5100. The Government, while accepting the recommendations of the 4th Pay Commission, also sanctioned, in addition to the integrated scale, Rank Pay which was prescribed for each category. Notification was also issued, being Resolution Number 9E dated 18 Mar 1987 and was also published in the Gazette of India. It was also notified that the above revision of pay will be retrospective in force with effect from 01 Jan 1986. It is submitted that from the recommendations of the 4th Pay Commission and from the Resolution dated 18 Mar 1987, it is clear that Rank Pay is a separate element for officers upto the rank of Brigadier and equivalent.

3. That Major Dhanapalan had filed writ petition under Article 226 of the Constitution of India before the Hon'ble Kerala High Court being O.P. Number 2448/1996 for Fixation of Pay Scale and grant of Rank Pay.
The said writ petition was allowed by the Hon'ble Single Bench of Kerala High Court vide order dated 05 Oct 1998 holding that :-

IV PAY COMMISSION PAY FIXATION

2006-07-21T03:18:00.000+05:30

In accordance with the recommendations of the IV Pay commission, officers of the Army, Navy, &Air Force were granted Rank pay in addition to the basic pay in the integrated pay scale of Rs 2300-100-3900-150-5100. CDA(O) while fixing the pay in the integrated scale created a ‘faux pas’ by deducting ‘rank pay’ from the total emoluments and then doing the pay fixation resulting in huge financial loss to the officers with cumulative effect on pay, DA, Pension, gratuity, commutation etc.

In the case of Maj AK Dhanapalan Vs Union of India in OP 2448/96, The Hon’ble High Court of Kerela allowed the plea of the officer and held that the deduction of the rank pay was not correct and directed to re fix the basic pay of the officer from 1.1.1986. Appeal filed by the Union of India before the larger bench of the High Court & SLP in the Hon’ble Supreme Court against the judgment was dismissed. Although Govt sanction to pay arrears to Maj AK Dhanapalan were issued, the benefit was not extended to similarly placed officers of the three Services. This is injustice to the affected officers.
more here

ECHS Refund of Excess Subscription

2005-05-20T12:28:00.000+05:30

The ECHS refund of excess subscription is held in abeyance by the AHQ .

All ECHS Clinic Notice Boards currently carry a notice to this effect.

Any change in status on this matter will be conveyed in these columns in due course.

PS. Please give wide publicity to this posting to all affected personnel.

Indian Military

Correction to 4/16/2005 Post

2005-05-05T14:46:00.000+05:30

The Post on Gratuity (4/16/2005) stands corrected as th GofI has not finaly decided on the Payment of Gratuity for pre-96 pensioners as yet.
Any news will be conveyed in these columns in due course.

Additional Gratuity for Pre-1996 Retirees

2005-04-16T12:16:00.001+05:30

In pursuance of the Supreme Court Judgement, the Deptt of Pension & Pensioners Welfare, Govt of India, vide their O.M. No 45/86/97-P&PW(A) Pt I, dated 4.12.2004, the Pre-1996 Retirees have been made eligible for receiving additional Gratuity. All those pensioners who are eligible for this benefit may please apply to their respective departments, giving details eg. PPO No, date of retirement, bank details etc.

The Deptt of Pension & Pensioners Welfare O.M. referred above is reproduced below.

OFFICE MEMORANDUM

No 45/86/97-P&PW(A) Pt I, dated 4.12.2004.
Subject: Implementation of Govt decision on recommendation of the Vth CPC revision of provisions regulating pension.

1. The undersigned is directed to refer to this Department’s O.M. even number dt 27^th Oct 1997 on the above subject and to state that para Nos 4.3 & 6 of the above may please be substituted as under: -

“Emoluments

Para 4.3. In case of all types of gratuity under Rules 49 and 50 of the CCS (pension) Rules, DA admissible on the date of Retirement/ death shall be treated as emoluments alongwith The Emoluments as defined in paragraph 4.1 above, accordingly Rule 50(5) of the Pension Rules shall stand modified to the effect that the emoluments for the purpose of gratuity admissible under this Rule shall be reckoned in accordance with Rule 33 and in addition D.A. admissible on the date of retirement/ death of the government employee shall be treated as emoluments.

Retirement/ Death gratuity

Para 6. The maximum limits for all kinds of gratuity under Rule 50 of CCS (Pension) Rules, 1972, shall be Rs 3.5 lakh. Accordingly the first proviso of Rule 50(1)(b) of the CCS (Pension) Rules 1972, shall stand modified to effect that the amount of retirement/ death gratuity payable under this Rule shall in no case exceed Rs 3.5 lakh.”

Except for the above, the provisions of O.M. dt 27.10.97 stand.

2. These orders issue with the approval of Ministry of Finance Dept of Expenditure vide their U.O. No 648/E.V/2001 dt 29.10.2001.

----------------

APPLICATION FOR GRANT OF
ADDITIONAL GRATUITY TO
PRE-1996 RETIREES

1. No and Name of Pensioner

2. No and Name of deceased in case
of family pension

3. Rank of pensioner

4. Date of retirement

5. Record office (or CDA)

6. Original PPO Number

7. Latest Corrigendum PPO if any

8. Previous reference of correspondence if any

9. Postal address, email ID and tele number

10. Bankers through which pension is being received

At the time of my retirement I have been paid Gratuity only based on Basic Pay.

Additional Gratuity may please be paid to me for the DA being drawn by me at the time of my retirement, as admissible vide Government of India Letter
No 45/86/97 – P&PW(A) dated 04 Dec 2004.

signatures

name
date

Performance Reviews: How to Interpret

2005-04-11T22:50:00.000+05:30

Some of you might like to know what supervisors are really saying in all those glowing employee work performance evaluations they keeps cranking out.
Read here: http://www.strategypage.com/humor/articles/performancereviews.asp

Military Classics Online

2005-04-06T16:49:00.000+05:30

If you have not read some of the military classics while in the services because you were busy, here is an opportunity to do so and that too with out leaving your computer desk!

These are the real classics. A military professional who has not read some of these is like a physicist who has not read Einstein's "Theory of Relativity" or a biologist who has not read Darwin's "Theory of Evolution"! It is never too late to catch up on your reading.

Military Dictionary, by Henry Lee Scott
Pure Logistics: The Science of War Preparation (Washington: National Defense University Press, 1986), by George C. Thorpe, contrib. by Stanley L. Falk (PDF at ndu.edu)
The Art of War, by Niccolò Machiavelli, ed. by Jon Roland, trans. by Henry Neville (illustrated HTML at constitution.org)
The Art of War (with commentary), by Sun Tzu, trans. by Lionel Giles (Gutenberg text)
The Military Institutions of the Romans (De Re Militari), by Flavius Vegetius Renatus, trans. by John Clarke (HTML in Norway)
Battle Studies: Ancient and Modern Battle (1921), by Charles Jean Jacques Joseph Ardant du Picq, trans. by John N. Greely and Robert C. Cotton (Gutenberg text)
Principles of War, by Carl von Clausewitz, trans. by Hans W. Gatzke (HTML at clausewitz.com)
Strategic Information Warfare: A New Face of War (1996), by Roger C. Molander, Andrew S. Riddile, and Peter A. Wilson (PDF at rand.org)
Sun Tzu and Information Warfare, ed. by Robert E. Nielson (HTML at ndu.edu)
Defensive Information Warfare (1996), by David S. Alberts (HTML at ndu.edu)
Strategic Information Warfare: A New Face of War (1996), by Roger C. Molander, Andrew S. Riddile, and Peter A. Wilson (PDF at rand.org)

For a full list go here: http://onlinebooks.library.upenn.edu/webbin/book/subjectstart?U

Please circulate this info as widely as possible to all those who are likely to benefit with this information.

Russian War College

2005-04-05T21:05:00.000+05:30

Hope you like this!

At the Russian War College, the general is a guest lecturer and tells the class of officers that the session will focus on potential problems and the resulting strategies.

One of the officers in the class begins by asking the first question, "Will we have to fight a World War Three?"

"Yes, comrades, looks like you will," answers the general.

"And who will be our enemy, Comrade General?" another officer asks.

"The likelihood is that it will be China."

The class looks alarmed, and finally one officer asks, "But Comrade General, we are 150 million people and they are about 1.5 billion. How can we possibly win?"

"Well," replies the general, "Think about it. In modern war, it is not the quantity, but the quality that is the key.

For example, in the Middle East, 5 million Jews fight against 50 million Arabs, and the Jews have been the winners every time."

"But sir," asks the panicky officer, "Do we have enough Jews"?

Developing a Civilain Job Resume

2005-03-24T12:26:00.000+05:30

You're leaving the service and are faced with the daunting task of developing your resume. No doubt your military career is studded with accomplishments, but even the most decorated veteran needs to figure out how to make the transition to a civilian position. Follow these tips to draft a high-impact resume that shows how your military experience is transferable to a civilian job.
Read More

Brochure on Terminal Benefits

2005-03-19T00:07:00.000+05:30

FOR
(a) Officers on Retirement
(b) NOK on death of officer after retirement
(Revised Edition Sep 2000)
Issued by : - Adjutant General’s Branch
Army Headquarters, South Block,
New Delhi - 110011

Download from:

http://indianarmy.nic.in/arbroch.zip

Wearing of Uniform by Retired Officers

2005-03-18T23:44:00.000+05:30

All regular officers who have retired from service (including Regular Reserve of officers permitted to retain or granted higher rank on retirement from Regular Reserve of Officers) may wear uniform with badges of appropriate rank on special occasions, such as ceremonial parades, entertainment of military nature and other occasions when wearing of uniform would appear appropriate.
Officers will normally wear the Service Dress of the Regiment/Corps to which they belonged before retirement. Mess Dress may also be worn on appropriate occasion. Wearing of Badges of Rank. Badges of rank, to be worn by those entitled to use military ranks, will be those of the last substantive rank, except where the higher acting rank has been held for a minimum period of 2 years at the time of retirement or where the use of the honorary/military rank is specifically authorised.