HC asks ITBP to reinstate ‘chronically alcoholic’ staff

NEW DELHI, Mar 23: An ITBP personnel, who lost his job almost eight years ago after he was found "chronically alcoholic", has got a relief from the Delhi High Court, which directed the department to reinstate him.

Setting aside the dismissal order by the Indo-Tibetan Border Police (ITBP) against Mukesh Chand Bhat for consuming alcohol and remaining absent from duty in the camp in Jammu and Kashmir, a Division Bench of Justice A K Sikri and Justice J M Malik said that the order "was uncalled for."

Although it accepted the report of medical board which said that Bhat was suffering from "Chronic Alcohol Dependence Syndrome", the Bench said "documents found de-addiction was not given to him (Bhat)".

Bhat, who was undergoing treatment at the unit where he was posted in Jammu and Kashmir, should have been sent to specialised de-addiction centre, the bench observed.

"Bhat was a patient of alcoholic syndrome and for whom taking alcohol was irresistible desire," the Bench noted.

"Instead of adopting humane approach and trying to treat petitioner properly by sending him to PGI or any other well-known hospital, it is adding insult to the injury by charging him for offence," the Court also said.

In July 2000, Bhat, posted in Pathan Chowk in Srinagar, was dismissed from job following an enquiry which found that he was a chronic alcoholic and invariably remained absent from his duty in the camp. (PTI)

HC notice to Estate Director on Blind man’s contempt petition

NEW DELHI, Mar 23: The Delhi High Court has issued notice to the Director of Estates on a contempt petition filed by a visually impaired man, an employee with the Archaeological Survey of India (ASI), who alleged the officer failed to allot him a suitable official accommodation near his workplace following the court’s previous order.

Issuing notice to Suresh, the Director of Estates, Justice Pradeep Nandrajog asked the officer to explain by May one the reason as to why he should not be held guilty for contempt of court.

In October last year, the Court had directed the Ministry of Urban Development and its Directorate of Estate to allot a Type-II government accommodation to Shiv Ram, a Monument Attendant with Safdarjung Tomb in South Delhi, as per his preference in areas like Kidwai Nagar, Laxmibai Nagar or Netaji Nagar within two months.

After the enactment of the Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, the government is under a duty and obligation to ensure that persons with disabilities are reasonably accommodated so that they are not confronted with existing barriers, the Court order said.

Ram had filed a petition through his counsel Sarfaraz Khan seeking direction to the government for consideration of his plea for an official residence near his office on the ground that he is hundred per cent visually impaired.

Khan had opposed the Government’s stand of not considering Shiv Ram’s preference as his present residence was an out of turn allotment after he had applied for the house on medical ground in 2002.

Earlier, the Court had criticised the Centre for deducting money from Ram’s House Rent Allowance (HRA) since 2002 towards his present temporary accommodation in a Type-II quarter in Netaji Nagar.

The court had also directed the Government to refund the amount and said the petitioner was entitled to a Type-II quarter since 2002 but he was deprived of his right. (PTI)

If disability not due to service, armymen cannot claim benefit

NEW DELHI, Mar 23: An armyman is not entitled to any "disability pension" benefit if the said condition is not attributable to the military service rendered, the Supreme Court has said.

Such a benefit can be claimed by an armyman only if the disability was aggravated while rendering the military service or was attributable to the service rendered, a bench of Justices Arijit Pasayat and J M Panchal ruled.

The apex court passed the ruling while upholding the appeal filed by the Union Government challenging the orders passed by the Rajasthan High Court for granting "disability pension" to Surinder Singh Rathore, who worked as a Signalman in the Army and was discharged from service due to failing vision.

Earlier, a single-Judge bench and a division bench of the Rajasthan High Court had ordered the Government to pay "disability pension" to Rathore after the medical board constituted by the Defence Ministry had rejected his plea.

In May 1993, Rathore was released from the service by Army authorities after it was detected that he was suffering from "Maculapathy (RT) Eye"-a condition in which a person’s vision starts diminishing. His disability was assessed at 30 per cent.

He was released from service on the basis of the report submitted by the "Release Medical Board" which however opined that the disability was "neither attributable to nor aggravated by military service."

In terms of Rule 13 of Army Rules, 1954, he was granted a sum of Rs 9,350 and Rs 7,425 towards invalid gratuity and death-cum-retirement gratuity respectively, but his plea for "disability pension" was rejected.

Rathore filed an appeal before the Ministry of Defence which also rejected his plea following which he appealed to the Rajasthan High Court.

A single Judge of the Rajasthan High Court directed the Government to accord "disability pension" to Rathore upon which the Union Government filed an appeal before a Division Bench.

But the Division Bench too concurred with the view of the single judge that Rathore should be given "disability pension", a ruling which forced the Centre to move the apex court.

Interpreting Regulation 53 of Pension Regulations for the Army, the apex court said a personnel is entitled to "disability pension" only if the medical reports established that he or she had suffered the disability on account of his military service.

In the case of Rathore, the Medical Board had clearly established and given a report that his disability is "neither attributable to nor aggravated by military service," the apex court said.

"Learned Single Judge and the Division Bench were not justified in holding that the same was attributable to Military Service and/or was aggravated because of service. The respondent (Rathore) is not entitled to disability pension," the apex court said.

However, the apex court said if the Government had already made any payment towards the disability pension, the same shall not be recovered. (PTI)

DRDO to increase retirement age of scientists to 65 years

NEW DELHI, Mar 23: To guard against loss of key scientists engaged in strategic projects like development of 5,000 km-range Agni missile, underwater launched missiles and anti-missile systems, the Defence Ministry has proposed to raise the service age limit of select DRDO scientists to 65 years.

Among others who would benefit from the proposal reportedly cleared by the Sixth Pay Commission would be scientists working on advanced composites, metallurgists and others.

The bonanza is not confined to select scientists as the Ministry of Defence has proposed in general to raise the retirement age of DRDO scientists across the board to 62 years.

These proposals finalised by the ministry have been vetted by Administrative Staff College of India (ASCI) and according to sources, have been cleared by the Sixth Pay Commission.

The proposals, in fact, formed part of the new incentive package for DRDO personnel and were about to be formally enforced late last year before Defence Minister A K Antony suggested that it would be better to have the new pay commission give its seal of approval on them.

The package has been devised by the Government as part of new measures to check exodus of DRDO scientists to greener pastures. According to official figures tabled in Parliament, DRDO has lost 1,404 scientists during the past few years and the department is losing them at the rate of six to seven per cent per year, which has left many key strategic projects almost stranded.

The Government move to increase the retirement age of scientists comes as projects like increasing the strike range of Agni missile and development of the Underwater launched missiles are in key stages.

"The next two to three years are very crucial for these programmes," a top DRDO official said. He said many other key projects are also likely to fructify in the same period.

"So we cannot afford to lose some of the key personnel engaged in developing these systems," he said.

As per other incentives in store for DRDO personnel in the Pay Commission, they would be getting 30 per cent of the new basic pay scales as special intellectual capital pay, increase in professional update allowance from Rs 5,000 to Rs 25,000 per annum.

In addition, new recruits would straightway get three increments on initial selection, higher qualification allowance of Rs 1,000 per month for recruits who have post-graduate degree in engineering or Ph.D in science subjects.

Under the new package, programme directors will get special compensatory allowance of Rs 5,000, for Chief Controller it would be Rs 10,000 and for Scientific Adviser to the Defence Minister Rs 20,000.

DRDO scientists will also be allowed air travel on temporary duty and one time grant of Rs 40,000 to buy laptops.

The package also provides for performance linked increments for young scientists, Rs 10,000 per patent approved and sharing of royalty of DRDO products which make it to commercial markets. (PTI)

Mah Govt proposes elephant village in Konkan region

MUMBAI, Mar 23: With a view to tackle elephant menace in Konkan region of Maharashtra, the State Government is planning to create an elephant village in Sindhudurg district.

This will minimise the ‘man-elephant conflict’ and also encourage eco-tourism in the region, besides providing the tuskers with a new shelter, as proposed by the Maharashtra Government.

"The project is first of its kind in India, which will provide elephants with water and food to eat," State Forest Minister Babanrao Pachpute said.

The Elephant Village is planned at Tillari Dam in Sindhudurg district. The dam is an ideal place, as it is surrounded with four villages Aajara, Chandgad, Doda Marg and Vengurle, he said.

The basic idea is to rehabilitate elephants that destroy the crops and create fear among the people, he added.

The question of safety of people and crops has become a major issue as eight people have died of elephant menace so far in the Konkan region.

Also, an NGO, Earth Matters Foundation, has taken the initiative to start up the project and the primary talks are on, Pachpute said.

The NGO has done some research in the area and also have experience to handle them. As per the survey they need 50-250 hectare of land for rehabilitation of the elephants, he said.

Pachpute said the elephants come from the drought prone areas of Karnataka in search of food. Tellari Dam area is full of greenery and is surrounded with banana, coconut and cashew trees.

The area also gets good rain every year, which attracts elephants.

The state has worked on many options to stop elephant menace in the area but in vain. The concept of elephant village may give a permanent shelter to the wild animal, Pachpute said.

The proposed village will be designed keeping in mind the needs of the mahouts and their families too. It will also create employment ensuring more local participation in the project, said Pachpute, adding eco tourism will also give them business opportunities. (PTI)

Fernandes differs with MPs on red beacon on their vehicles

NEW DELHI, Mar 23: While the Members of Parliament may be keen on having beacon lights on their vehicles, one of them has begged to differ.

Differing with a Rajya Sabha Committee’s recommendation to the Government recently that MPs merited use of red beacon on account of their prominence as people’s representatives, ex-Defence Minister George Fernandes urged fellow lawmakers to "not forget the aam aadmi" for a "comfortable life".

In a letter to the Committee’s Chairman and Rajya Sabha Member J P Aggarwal, Fernandes said: "During their campaigns, the candidates go before the people by making statements that they are in the field for serving the people and after becoming MPs they will look after the problems of those who do not have a voice - aam aadmi.

"Once in Parliament, not only the aam aadmi is forgotten but they look for every opportunities that will enable them to live a comfortable life. My suggestion to my colleagues in Parliament is that we keep the aam aadmi before our eyes and go with our activities," the letter said.

Last month, the 15-member house panel had recommended Ministry of Shipping, Road Transport and Highways to allow 795 MPs to use red beacons on their vehicles.

Under the current rules, those who can use red beacon with flasher are President, Vice President, Prime Minister, former Presidents former Prime Ministers, Chief Justice of India, Lok Sabha Speaker, Cabinet Ministers, Deputy Chairman of Planning Commission, Leader of Opposition in both Houses of Parliament and Supreme Court Judges.

Red beacon without flasher can be used by dignitaries like Comptroller and Auditor General, Deputy Chairman of Rajya Sabha, Deputy Speaker of Lok Sabha, Ministers of State, Members of Planning Commission, Attorney General, Cabinet Secretary, chiefs of three services and deputy ministers.

However, reacting to Fernandes’ missive, Aggarwal said, "I do not share the perception of Fernandes that provision of a red light on the vehicle of an MP would have the effect of distancing him from his constituents. I must also refute his contention that once elected, MPs forget the aam admi and hanker after comforts.

"Parliament in its wisdom has given certain pre-requisites to its members which I believe Fernandes must also be availing including monthly salary, constituency allowance, daily allowance, free travel, rent free accommodation, medical facilities, laptop, mobile phones, landlines, office allowance and free of charge furniture," he said.

Maintaining that these facilities given to a member of Parliament are not luxuries but necessities, Aggarwal added these are meant to facilitate an MP in his task of serving the common man. (PTI)

Centre allocates Rs 500 crore for
naxal-hit areas in 11th Plan

NEW DELHI, Mar 23: Concerned over growing Left wing extremism in various states, the Centre has decided to allocate Rs 500 crore during the 11th Plan for development of infrastructure in naxal-hit areas.

The new scheme aims at providing critical mobility to the police by upgrading existing roads and tracks in inaccessible areas and securing camping grounds and helipads at strategic locations in remote and interior areas, Home Ministry sources said.

Helicopters have been provided to affected states for rushing central para-military forces and evacuating injured people and security personnel, but in the absence of helipads State Governments are unable to make right use of the machines.

The scheme, which is fully funded by the Centre, also seeks to provide security to police stations and outposts by strengthening those at risk of attack due to their dilapidated condition, the sources said.

There have been several incidents of naxals storming police stations in Chhattisgarh, Jharkhand and Orissa in which personnel have been attacked and arms looted.

Through the plan, to be implemented by concerned State Governments, the Centre intends to upgrade and strengthen approach roads to police stations and outposts where there is risk of attack by improvised explosive devices (IEDs) and landmines. (PTI)

Experts recommend injectable vaccine against polio

NEW DELHI, Mar 23: With the Union Health Ministry planning to review the National Polio Eradication Programme, experts have made a strong case for introducing injectable vaccination apart from the oral one to help curb the spread of the deadly disease.

The use of IPV (Inactivated Oral Polio Vaccine) in the injectable form carries lesser risks and is more effective than the routine Oral Polio Vaccine (OPV), experts say, while stressing that the Government needs to think of other possible measures and options available to stem the problem.

There is enough body of evidence to suggest a mixed schedule use of both OPV and IPV is highly effective, Humayun Madjrouh of a company supplying the vaccines to India, said.

The injectable polio vaccine must be introduced in the campaign mode, he said.

The major advantage of using IPV is that it does not carry the risk of VAPP (Vaccine Associated Paralytic Polio), which is caused by the administration of OPV.

OPV, being made of live virus, carries with itself the danger that the attenuated form can revert to its virulent form and result in paralysis which can cripple the affected individual for life, Nitin Shah of the Hinduja Hospital Mumbai said.

Other than the risk of acquiring VAPP, oral polio vaccine loses its effectiveness in conditions of poor sanitation and thus is the primary reason why polio still persists in the states of Uttar Pradesh and Bihar. (UNI)

SC Judge rejects sale of state-owned
assets to private sector

HYDERABAAD, Mar 23: Supreme Court Judge Justice B Sudershan Reddy today disapproved sale of State-owned assets to the private sector.

''The Government is only a trustee to protect the State-owned assets for the benefit of the community at large,'' he asserted, while inaugurating the fourth state-level conference of the Akila Bharatiya Adhivaka Parishad here.

Referring to the observations made by noted economicist Joseph Stiglitiz, he said ''whenever the Government gets less than the full value of the asset, the country is being cheated. There is a simple transfer of wealth from citizens as a whole to whoever gets the assets at a discount.

Sometimes, the wealth of the State went to individuals within the country rather than to a multinational corporation, he added.

Describing the Fundamental Rights and directive principles as ''conscience'' of the Constitution, having deep roots in the independence struggle to usher in a non-violent social revolution in the country, he said many polices and executive decisions that the State had taken and continued to take ''could not stand the scrutiny of the Constitution, whatever the effort''.

''When we admit, even indirectly, that economic disparties are increasing or that equality of opportunity could not be secured in respect of several things such as education, health, employment, this is a clear admission that the State has not fulfilled its duty as delineated in the Constituon,'' he said.

When we clearly saw that there had been concentration of wealth and means of production in a few hands or control of material resources of the community serves only the interests of some, these phenomena were not merely failure to fulfil promises, but in reality amounts to violation of the Constituion. Whatever be the reasons, violations of the Constitution could be looked upon as a mere breach of election promises, he added. (UNI)