शुक्रवार, 5 जून 2015

WILL 'OROP' BE THE LAST STRAW .....

WILL  ‘OROP’   BE  THE  LAST   STRAW…?
  




Will    OROP( One Rank  One Pension )     be  the last straw in the crumbling  Civil- Military relationship? That is the Question ? For how long  will the Military face humiliation at the hands of the clever bureaucracy and the  inert   politicians?
 Ever since  the Independence the working equation between the military and the bureaucracy has been contentious . Over the years the military has been ceding ground to the civilian bureaucracy and they have been tightening the grip. And there are instances and examples many.

    The first instance was of General Thimayya, the Chief  of Army staff who was a distinguished officer and had Commanded a Brigade in World War II, he was the Chief of the Army staff from 1957 to 1961 . The Defence Minister was Krishna Menon who had tendency to bypass the Chief and give orders directly to the other Army Commanders, he also introduced promotion of senior officers on merit rather than on the principle of seniority.  This led to strain in their relationship and General Thimayya tendered his resignation , however  Pandit Nehru  persuaded  him to take back his resignation to which he agreed and the matter was resolved at that time. However Nehru criticised General Thimayya in the Parliament which undermined his position thereafter and his recommendations were also not implemented. The  debacle of 1962 Indo – China war brought to the front the differing opinions of civil and military and  the Army Chief General Thapar tendered his resignation on health grounds and the Defence minister had to resign on moral grounds and criticism in Parliament. The appointment of General Kaul as the corps commander was also criticised as he had no experience of operations. The written orders “to throw out the Chinese” were given by a ‘joint secretary’ level officer Sarin , who ironically rose in  civil service !
  
     The next major incident which rocked the Nation was the dismissal of the Naval  Chief Admiral Vishnu Bhagwat by the NDA Government in Dec 1998. The Defence Minister was George Fernandez , there were serious difference of opinion between The chief and Government on the matters of appointment of senior officers,  apparently. Admiral Bhagwat was removed but nothing happened to the Defence Secretary Ajit Kumar who was merely transferred out.The media and the intellectuals supported Admiral Bhagwat who was considered honest to the bone and was apparently resisting  the International Arms Lobby. The decision of the Government led to the withdrawal of support by AIADMK and no confidence motion which led to the fall of the NDA Government. It was so ironic that a disciplined soldier was dismissed by a person who was leader of the infamous ‘Baroda Dynamite Case’ allegedly  involving plans to capture arms and ammunition and carry out blasts during Emergency.

      The ‘Major Dhanpalan Case’ has also made history recently. He challenged in Kerala High Court  in 1996 the decision of the 4th Pay commission award wherein the rank pay  was introduced  for officers in order to make service more attractive, however the basic pay was fixed after deducting the rank pay thus nullifying  the edge which the armed forces officers had over their civilian counterparts . His historic win led to the protracted litigation between the Armed forces Officers and the MOD  and finally  ended with the  Supreme Court  judgement in favour of the Armed forces which too was delayed owing to the play with words when implementing and required intervention of the  three chiefs and then corrected. In other words the civilian bureaucracy left no opportunity to frustrate the true entitlement of the officers  the case  deserves to be a PHD study in ‘Civil –Military relationship’!

     The resignation of Admiral D K Joshi was also mired in controversy . Why was he allowed to tender his resignation when the entire Defence procurement system was to be blamed for the delay in spares for the aging submarines and replacement of the ageing submarine fleet ? Among the foremost thing which his resignation brought out was the fixation of responsibility between the Armed forces and the MOD. The media questioned the Government for not asking for the resignation of the Defence Minister and saluted the moral courage of the Naval Chief.
  Many anomalies with respect to the 6th Pay Commission are still lingering and one of them is the NFU ( Non functional  upgradation) . This was implemented in the civil services /police /coast guard   who  are enjoying the financial benefits, it has also upset the  civil- military protocol. When the Armed forces took up the matter they were told ‘cleverly’ that since they were not All India service it did not apply to them. Finally the Supreme Court directed the MOD to implement wef 2011. However the same has been appealed and is awaiting the final disposal

     Another issue which is of serious dimension is the denial of the disability pension to service personnel  who are discharged with certain disability ;despite they winning the case in AFT ( Armed forces tribunal )in number of cases. It has become routine with the MOD to appeal against the decision in High Court and then Supreme Court. This year in Feb in a landmark Judgement in favour of the service personnel combining numerous appeals the Supreme Court stated that any disability acquired whilst in service shall be attributed to service  and the individual compensated accordingly.

     Finally it is the OROP which is at the cross roads. After fighting for it for more than 30 years  on many fronts the Congress Government announced it prior to the May 2014 elections. It was greeted with cheer and expectations. During the election campaign BJP promised implementation of OROP. However it is more than one year now and the implementation is not in sight. It is my assessment that OROP  should have been implemented within three months of BJP assuming power. It seems that ‘craftiness’ of  the bureaucracy as seen in Dhanpalan and NFU cases is at play. I believe that ‘delay is denial’, if a fair share is to be accorded then it be given in time ; delay creates heartburns and reduces its impact. Why such an important decision is pending for execution is a mystery. The leadership at the helm is known for quick decisions. The decision to move ‘nano’ from Bengal to Gujrat , it is understood was taken through a SMS to TATAS! The quickness of direct purchase of 36 Raphael aircraft from France , the clearance of lakhs of crores worth defence projects shows that if the Government wants to decide it can.  Or is it favourably inclined to  a certain sector only? Its reluctance toward MGNREGA and speediness for promulgation of land ordinance show their ideology !Many messages and write-ups are appearing in the media. Ajay Shukla the defence analyst it is learnt, has stated that OROP is now being linked to the 7th pay commission, therefore there will be more delay. However two editorials are worthy of note and show the character and commitment of each. ‘The Hindu’ in its editorial of 01st June appeals for early implementation and offers an undiluted opinion on the matter. It is titled ‘A promise to redeem’ and sums up by saying that “ it is high time the government came out with a clear road map and a firm date for its implementation and then adhere to it. This country owes its defence forces as much”. The Times of India comes out to support with a rider to cut the flab and restructure the Armed forces. In its editorial of 01st June titled ‘Meet this Demand’ and sub title ‘ But One rank one pension must be accompanied by cutting Armed forces flab’. It  apparently supports the  cause but sums up in the last paragraph “ slashing non operational flab, such as doing away with the orderly system for officers and curtailing the practice of deploying soldiers for escort duties is imperative”. It indicates that the lobby to dilute the recommendations is at work  and is influencing the media. Not favourable signs! One also wonders as to why the TOI has raised the issue of cutting the flab now when the proposal has been delayed and is in the  news and not when it was announced a year back!

     It is indeed sad that the Armed forces had to approach the Supreme Court to get Dhanpalan case, NFU and OROP . Most of the cases in the past involved officers and limited personnel however OROP envelopes and concerns all: Veterans, retired and even serving ( soldiers/sailors /airmen ). The issue is not civil-military as may be made out; it is essentially a ‘military-civilian bureaucracy’ issue . In the past whenever the armed forces have been ‘short changed’ there has been support from the people; be it the dismissal of Admiral Bhagwat or resignation of Admiral Joshi .Students, middle class , common man and even media have expressed sympathy and also anger at the unfairness. It shows that the Nation is behind them. The Armed forces belong to the people of India and therefore it is my firm belief that the people, the press, the wise men of letters will ensure justice. As far as the relationship with the bureaucracy is concerned, well! Some relationships are doomed to fail, this is one of them. The only way it can survive is by recasting the protocol/business rules between  the military and civilian bureaucracy. It is one of the terms of reference of the 7th pay commission.


 Armed forces being part of the executive should interact directly with the legislature and do not need the ‘buffer’ of  the civilian bureaucracy to be kept under control.

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