Lt Col Mukul Dev @Warrior_Mukul is presently fighting this case where in the Govt has gone on appeal against the judgment of the AFT on grant of NFU to The Indian Armed Forces. UPDATE 06 AUG 2021 - The case was listed in SC for hearing but it did not take place
UPDATE 17 DEC 2020 - Mukul has written to CJI as such the case is listed for 01 Jan 2021. Let us hope for the best.
UPDATE 06 AUG 2019 - The case was not listed in SC for hearing today as the Sr Judge was on the Bench for hearing Ram Mandir case. Fresh date of hearing will be known later.
UPDATE 23 APR 2019 - Vakalatnamas of all remaining Respondents have finally reached Delhi.. will be filed tomorrow..kudos to all those who made it possible..it was really heartening to see some Offrs even travelling down to home addresses of these Respondent Offrs to contact them.Matter is soon planned to be mentioned for an early hearing by SC. Let’s try & usher in #NFU2Fauj while the Nation celebrates dance of Democracy..
*Satyamev Jayate*
UPDATE 10 APR 2019 - Govt again sought more time for completing legal services...with an aim to deliberately delay/ drag the case. Matter has now been adjourned till 06 Aug 2019. 15 Offrs were found to have not submitted their Vakalatnamas. List att👇. Had theses Offrs submitted their Vakalatnamas, today’s would have been the last date in SC before Judgement. Now many ifs & butts have creeped in, with our Bench likely to undergo change during July 2019. >>MORE>>
Meanwhile, CAPF has not only won the case in SC but also got implementation instrs issued from MHA. With this devp, adverse implications on Status of Fauji Offrs have acquired unimaginable consequences. It calls for fresh introspection..while sr mil hierarchy remains unconcerned/against NFU, many in middle rung too continue with their attitude सबको मिलेगा तो मुझे भी मिल जाएगा..unless we shed this self destructive attitude, we would never be able to successfully fight for our Honour & Dignity. All are therefore requested to kindly help in tracing out these remaining 15 Offrs whose names are there in the List (LIST PLACED AT THE END OF THIS POST), as also continue with our Social Media Campaign #NFU2Fauj with much more vigour..it’s a battle for Honour & Izzat of our next Generation, which no true Fauji can afford to loose..
Queries / clarifications, if any, may be sought via email nfudefence2018@gmail.com . Confirmations about filing of Vakalatnamas may also be communicated to this email ID for information/ coordination by Team NFU.. Satyamev Jayate
Note - Out of 15 Petitioners above only 3 are left to be traced as on 18 Apr 2019, efforts are under way to contact them as well.
Their names & old addresses as per SLP are as under:-
13. Capt Virender Singh Salathia, EC 382, Maya Enclave, Hari Nagar, New
Delhi.
14. Col SK Bose S/o Sh PK Bose, 114 MC/MF Det, Danapur Stn, Bihar.
27. IC-42148A Col Balvinder Singh S/o Sh Bhagwant Singh, 51 ASP, Air Force
Stn, Digaru, Assam.
As soon as this legal action is completed SC will be requested to prepone the hearing .
As soon as this legal action is completed SC will be requested to prepone the hearing .
UPDATE 18 Mar 2019 - The tweets from Col Mukul Dev and the News paper cuttings reproduced below are self explanatory. Col Mukul Dev is being threatened let these elements know that Mukul is not alone the entire Fauji community is with him.
UPDATE 14 Mar 2019 - NFU Case was re-listed today because of non service of Notice to certain Respondents( serving and retired Armed Forces offrs who were part of AFT case). The Hon'ble Court has asked the Govt to serve Notice to them within two weeks. No other changes. Judgement remains reserved as it is. Next date to ascertain as to whether Govt has served Notice to them or not is Apr 10, 2019.
UPDATE 12 Mar 2019 - Col Mukul Dev(@Warrior_Mukul) Tweeted: NFU UPDATE: Hearing concluded. Judgement reserved at 1530h today. Open details https://twitter.com/Warrior_Mukul/status/1105408789338116097?s=17.
CPOs already granted NFU by Supreme Court . MoD opposed it tooth and nail read below how they enviously approached the case against the uniformed lot and what they had to say, it will be news to many.
" While the PM and the RM may exploit the valour of the Services, a post in circulation on yesterday's events in the Supreme Court reflects on the love of the bureaucrats and the MoD Babus for the Services. Read on...
DETAILED PAPER ON NFU - By Brig CS Vidysagar - CLICK HERE TO READ OR CLICK HERE TO DOWNLOAD
OUR EARLIER POST ON NFU WHEN THE ISSUE STARTED -- OPEN FOLLOWING WEB PAGE :-
https://signals-parivaar.blogspot.com/2016/12/flash-nfu-for-armed-forces.html
LIST OF 15 PETITIONERS BECAUSE OF WHOM THE NFU CASE IN SUPREME COURT IS STUCK
SHARING AN ELABORATE E MAIL ON THE SUBJECT:-
ReplyDeleteOn Friday, 22 March 2019 22:48:25 IST, Stanley OLeary oleary_alan@yahoo.com wrote:
Dear Sirs,
I watched with interest, the arguments of three of our Veterans, Lt General Syed Hasnain, Col Ajai Shukla and Col Amardeep, as also an ex bureaucrat,Shri CM Vasudev. I will focus on correcting what has been said in the first instance and then suggest a Way Ahead on this issue.All three of our Veterans spoke so well,however there are some issues that need to be carefully considered.
2. General Syed Hasnain has very correctly pointed out, that since independence,the Armed Forces had cocooned themselves on matters of pay.This was done in my opinion, hoping, that by so doing, their pay prospects will be looked after.I would like to add, that this was a grave fault line and successive pay commissions did us down and the Government never really addressed the anomalies that were brought out by the Armed Forces Pay Cells. OROP was one exception that made a big difference, even if it is a truncated award. I would however, like to correct the General that the Armed Forces were never offered NFU in the Sixth CPC and hence there was no question of refusing it. Since I was heading the Pay Cells at that time as Chairman PARC,The Pay Commission gave the Services the Sixth CPC report on 24 Mar 2008.Reading about NFU for the civil servants and excluding the Services came as a great shock and after briefing the Chief's,on 25 Apr 2008,a letter signed by the CNS as Chairman COSC, addressed to the RM sought NFU for the Services, too. MSP that came into being in the Sixth CPC was nothing in comparison to NFU.
CONTINUED AS PART 2 ----
PART - 2
ReplyDeleteThe Govt,which was essentially the Min of Finance and the MoD, the former, headed by Shri PC Chidambaram and the latter, by Shri AK Anthony,did not agree.I may add, that all the Officers at the helm of the Sixth CPC had been appointed to the Finance Ministry and therefore they were adamant that this would not come through.We continued our fight and brought Colonels and Brigadiers, into PB 4 (SAG grade).When Commandants, of the para military were brought into PB 4,Lt Col's too were brought in,consequent to a long drawn out fight and a presentation made, to Mr Pranab Mukherjee.(early Nov 2008) I once again found mischief in the dispensation given to Lt Col's with a Grade Pay of Rs 8000,when there was no reason for them not to be given the same as Commandants of the PMF, ie Rs 8700,since this group in the Fifth CPC had a lower scale than that of a Lt Col.The Services should have stood their ground instead of giving in.This was a fatal mistake.I demitted the post of Chairman PARC in Dec 2008 and I later learnt that the Services subsequently did not force the NFU issue OR worse, rescinded their claim. I may also add, that what the Services did decline although offered by the Government, was PRIS (Performance related incentive Scheme)This is another sad story ,but I will not delve on this, for the moment. 3.Colonel Ajai Shukla was spot on in his recommendations and understanding of the Subject,however I disagree with him that NFU could be substituted for allowances.While in the Service, I cried hoarse, that nothing, could be more off the mark.Pay cannot be substituted by allowances and should never be agreed to .Successive Pay Commissions, have at the behest of the bureaucracy, done this to distract and give us a raw deal.Pay is the ground reality of Status.Pay goes beyond the serving tenure well into retirement and since we have truncated careers this is most relevant to us. NFU,I agree, is not what the Services asked for,but would it be fair if a bureaucrat who for any reason does not make the selection criteria for promotion to the post of Joint Secretary and then gets a double promotion to the Additional Secretary grade ,above that of the select rank of Maj General equivalent?This is very serious, as this would continue for the life of the Officers so affected.
PART -3
ReplyDeleteHere I am not talking of the IAS alone but all Group A services. 4. I am afraid that I was very surprised to hear the responses of Shri CM Vasudeva. He even stated that promotions in the Civil Services were merit based and there were stops at all levels even for the IAS. The fact is, that all IAS Officers will eventually retire in the Apex scale holding posts of either Special Secretary or Secretary.Other Group A services will all get pay promotions to the Addl Secy grade (HAG) In fact this is defined in the NFU clause as repeatedly brought out by the Veterans.The ones that do not make it, are those whose promotion is kept in a sealed envelope (in other words,cases pending against them)What is more surprising is that this false statement,is being bandied about by the IAS lobby, in order to make us chew the cud.They are even approaching very senior retired Officers to help them quell the fire brewing.I must say that whatever we achieve has to be by peaceful means,as we are all loyal citizens and patriots,perhaps the best in the country and that is what we should always remain.One brilliant ex bureaucrat once called me aside and told me that she cannot understand our stances, as the country at large ,holds us in very high regard,unlike the bureaucracy.Perhaps ,that is why we need to pay a cost. 5. Back to NFU. It is in the public domain,that even the para military forces have been given NFU. Can any Govt do this to their Armed Forces?Why would any one want to join the Army, if his pay and pension and indeed his truncated service career, is far below the police and the paramilitary. I do not say promote everybody,but there is no reason why our pay and pension prospects are reduced below that of the civil services. In the case of our OR's,repeatedly every Pay Commission has echoed a sentiment that they should be given other Government jobs,but no Govt has even looked their way after the dust has settled on the Commission's report.Everybody knows that a Jawan in his mid 30's is retired to get a pension of 50% of his pay.This is when his filial responsibilities are at its height.6. A long time ago, I had written an article on NFU. where I had brought out the promotional disparities between the Armed Forces and the Civil Services.Perhaps that needs to be re circulated.7. Lastly and this is very important.We in the Armed Forces bank on Pay Commissions to remedy the fault lines,however this is never done as their charter does not encompass this.Most of the upheavals (raising their status for civil services) is done between Pay Commissions,who, later ratify the change.I will give one example.An IG of Police is in accordance with the protocol of the Government of India is equal to a Brigadier.In our Embassies abroad,a Lt Colonel or DIG posted in the Embassy is at par with a First Secretary. Yet both these posts have adjusted their status much above their protocol levels and also their Grade Pays.Thus today an IG gets the same Grade Pay as a Major General.When I brought this to the notice of the Ministries post the Sixth CPC,all they had to say that Grade Pays were pertinent as benchmarks within a Service and not across all services.But this has not been implemented in spirit.For those who do not know, I would also like to state that,the Armed Forces Officer cadre is the first named even before the IAS,as a Group A service.I am writing this,as a number of times a falsity is promulgated that the Armed Forces Officer is a Commissioned Officer and not a Group A ..Officer. In conclusion, we have cases in the Armed Forces where pay is delinked from rank.AMC officers reach the Apex grade as Colonels.Now, though NPA is an allowance,this is given to them, in their pension. CONTD PART 4
PART 4
ReplyDeleteAlso the Lt General grade is divided into two by status and protocol and yet there are no command and control problems. NFU too, could be factored in for the other Officers,without any Status change.We cannot be left behind for no apparent reason and this time, in the Seventh CPC the Chief's have supported the grant of NFU to Armed Forces Officers.As is well known.the Chairman 7th CPC recorded his opinion that if NFU is continued for the Civil Services then the Forces should not be left out.Two other members suggested that NFU be scrapped totally.Both these recommendations were ignored and a status quo prevails.
Regards,
Rear Admiral Alan O'Leary(Retd)
Next hearing of NFU in Hon apex court is 06/08/2019
ReplyDeleteThe Main problem and Stumbling Block of Grant of NFU to the Fauj is the present COAS, who is against the NFU being granted to Service Officers. The GOI Must overlook his objections and Grant the NFU to all defence Officers With effect from 1 January 2006.
ReplyDeleteCol A Sunder Rajan
sunderasr@gmail.com