Problems of soldiers in J&K

Brig. Harcharan Singh, VSM

07 December is celebrated as Flag Day by the nation.On this day the Nation honours the Armed for the services rendered and citizens express their gratitude, as a token of respect for the sacrifices made by our Bravehearts. Our soldiers have given the best examples of devotion to duty and exemplary leadership against all odds, for the Naam, Namak and Nishan. The soldier sacrifices his life for the country with a strong conviction that the nation will look after his family ,in case he comes back draped in the National Flag. Our soldier proved that they took on the best equipped armies ,may be the might of Saber Jets and Patton tanks in 1965, MIG against F16 or for that matter determined Indian Fists against adversaries in Galwan.This is pertinent to mention here that majority of our soldiers retire around 40 years of age, due to the requirement of the organization to maintain Young profile of the Forces, ie,in national interest. The soldier retires at a critical juncture ,where he is left to fulfill all the liability of his family and children.
Efforts are being made by the Government to initiate various Welfare Schemes for the serving Soldiers and ESM. The second Career for the soldiers is a major issue.The effective and sincere implementation of Welfare Schemes requires analysis, with specific reference to J&K.
Compassionate Appointment to dependent of Battle Casuality
In UT of J&K ,SRO 43 gives out provision of one Govt job on Compassionate grounds to dependent of Battle Casuality soldier .The provision has been attached with certain riders ,like, the death of the soldier should have been in territory of J&K, only in terrorist related incidents and the dependent should apply within five years of the death of the soldier , for a Cl IV Govt job.There have been incidents where our soldiers lost their life in terrorist related incidents in Pathankot and Manipur, but the cases were not sanctioned for Govt jobs under the provisions of SRO 43.It is well known that The Armed Forces are mandated to operate all over the world. Rider of death within J&K is not in sync with deployment policies of the Armed Forces. Also, some Veer Naris don’t want to apply for the job,but their children are too young, and do not become eligible for the Govt job, even five years after the death of the father.After five years the govt job cannot be claimed by the family. In comparison, in Punjab , a sure Cl A/B/C/D job ( as per qualification) is assured to one member of family, with no restrictions.The wife of Galwan Casuality (Col Babu ) was given appointment for a Cl A Govt Post by Telangana Govt, not a feasibility in J&K.
Ex Gratia Allotment To Families of Battle Casuality
In terms of Govt Order Number 223 GR( GAD) of 1990 ,duly amended from time to time, a soldier killed in terrorist related incident in J&K is eligible for an ex gratia amount of Rs 5 Lakhs.This amount in many States ranges from Rs 50 lakhs to one Crore. On the other hand the employment policies of the army do not restrict employment of soldiers only in the UT of J&K., which implies that if a soldier of J&K Domicile is killed in Action outside J&K, the family is not eligible for this compensation.
Job reservation for ESM in UT of J&K
SRO 294 of 2005 gives out reservation of 6% Horizontal Reservation, where ESM can apply for those Govt jobs, which carry a maximum pay scale of Rs 10,500 only. The SRO was amended by SO 127 in April 2020 by the Social Welfare Deptt of J&K. In the amended SO127 , the old pay scale of Rs 10,500 has not been amended as per the scales of Seventh pay Commission, which will technically make ESM ineligible to apply even for a Cl IV job. As per practice prevailing in some other States , the ESM can apply for all posts falling in Cl A/B/C/D category , after ESM goes through a process of selection, as per laid down rules. In addition , in each Deptt, there is a requirement to maintain a Roster for each reservation , for all posts. The selection for each category of Post can be considered transparent and fair, only if the roaster for each post is made known in public domain. There is no official detail of Roaster declared by various Deptts of J&K , which leaves a question mark on correctness of procedure adopted on provision of 6%posts to ESM since 2005 , as per SRO 294. Similarly, no rule/ policy seems to be promulgated for reservation of posts in J&K Bank, after formation of UT of J&K in 2020.
Reservation for ESM in Belt Forces
As per norms of SRO 301 of 1980, an ESM can apply for Govt jobs upto 48 years of age.However, for recruitment of ESM in Police, maximum age for applying for post of GD Constable has been fixed at 28 years. As per known facts, no ESM has been able to apply and get selected during Police recruitment. As per details given by ESM , no ESM application is accepted by the system , as ESM are invariably , around 35 years of age, when they retire. In the neighbouring State of Himachal, due cognizance and relaxation is given to ESM for age and physical tests.
Sainik Colonies – A Long Struggle
After the decision given by CM to establish sainik colonies at Samba and Jammu,.delayed Administrative decisions resulted in a long drawn Legal Battle in court of Law on occupation and taking possession of the land. The establishment of two Sainik Colonies at Samba and Jammu, pending since the last three decades, is testimony to tardy decision making process & indicates the lowest degree of priority accorded by concerned Revenue officials ,to resolve issues related to Soldiers/ESM. In another case , Four plots ,to be allotted to Veer Naris at War Widow Colony at Jammu were occupied by the Land Mafia . Even after 5 years , the formalities of Revenue Deptt are moving at a snail pace.
Way Ahead — Expectations of ESM
There are a lot of expectations by the ESM on positive resolution of their long pending problems ,after the formation of UT. All the problem areas concerning ESM could be attributed to a lack of will to resolve issues related to soldiers. However, recently, a very visible change has been noticed in Kashmir Division , where 200 Kanals of land has been allotted for sainik colony by Div Com in Sep 2020. A number of initiatives have been taken by the Civil Administration in Kashmir Division to establish effective liaison with ESM and Veer Naris including establishment of an effective Grievances Resolution Cell in each District..However, at the State level, there is a pressing need to bring required changes in various rules , to give a feeling to ESM that their concerns are being given priority.The issues of reservations in Govt service , benefits/ Govt jobs to families of Battle Casualties and pending issues like Sainik Colony require immediate attention. This is also a matter of concern that no priority is given to Court Cases being contested or defended by Veer Naris, resulting in delayed justice.
Conclusion
Armed Forces feel proud to serve the nation with dedication and soldiers keep the interest of the nation before self ,always and everytime. Majority of our soldiers retire young , which has implications of settling down their children, post retirement. Soldiers must get a viable option of choosing a second career , after retirement. UT of J&K has to ensure that effective & realistic job opportunities are made available to ESM , like being done in other States.In case a soldier sacrifices his life , the nation must look after the family.The morale of the soldier wins or loses wars , hence, grievances of serving and retired soldiers must be resolved on priority.7 December is observed as Flag Day in India, when a number of programmes are held to enable our citizens to express their gratitude towards Armed Forces and Martyrs, for the sacrifices made for the country. Rejuvenated Flag Day Celebration programmes have been started in J&K from year 2016 only, integrating participation of citizens. Let us hope ,the new dawn brings in an era of time bound action to resolve issues concerning soldiers/ESM/Veer Naris. Alarming situation has already arrived , where the youth wishing to join Belt Forces prefer other options of Police/ CRPF/ BSF/ CISF etc above Armed Forces.
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