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Judgment
Heard Mr. B.P. Sahu, learned counsel for the petitioner association as well as Mr. N. Ibotombi Singh, learned CGSC appearing on behalf of the respondents.
To be pr�cised the facts on which the petitionerassociation filed the present writ petition are that �All Manipur VVF Ex Servicemen Welfare Association having Regn. No.280/M/SR/91� is an association formed by the ExVVF volunteers of the State of Manipur to espouse the common and individual grievances jointly and unitedly.
By this writ petition, the petitionerassociation is seeking for a direction to the respondents to allow the members of the petitionerassociation to enjoy the service pension and other pensionary benefits for the services rendered by them as VVF volunteers within a stipulated period. The VVF was a Voluntary Organisation initially raised by drawing volunteers from the villages of Hill Districts of Manipur for safeguarding their personal properties and lives in their locality against threat and terrorist activities of the antinational elements. Later on the then Chief Commissioner of the then Union Territory of Manipur, with due approval of the Government of India took a policy decision to save the properties of the village volunteers by organizing them into different groups as �Village Volunteers Forces�(VVF) to cover the entire and village areas to avoid against the insurgents. The VVF Organisation continued to perform the assigned role under the Union Territory up to 21.1.1977. Subsequently, the Administrative Control of the VVF was transferred to Cabinet Secretariat, Govt. of India and handed over to SSB vide order No.EA/SSB/65/64 3rd May, 1974 and the VVF scheme continued in Manipur till it was closed in the year 2003 due to change in role of SSB.
Admittedly, there is a large number of ExVVF volunteers in the state of Manipur and they are the members of the petitioner association. The petitionerassociation had approached the competent authority of the Govt. of India as well as the Director General of Security, Office of the Divisional Organizer SSB, Manipur and Nagaland Division for payment of pension/ gratuity and other monetary benefits to the exVVF volunteers of Manipur and Nagaland Division. Ultimately, the Dy. Inspector General of Division, Head Quarter, Imphal for the Director General of Security, Office of the Divisional Organizer SSB Manipur and Nagaland within Imphal issued a memorandum being No.SSB/Volt/REOrg/96/MD/1746 dated 12th March, 1998 which reads as follows:
NO.SSB/VOLT/REORG/96/MD/1746
DIRECTORATE GENERAL OF SECURITY
OFFICE OF THE DIVISIONAL ORGANISER
SSB MANIPUR & NAGALAND DIVISION
IMPHAL 795001.
Dated, the 12th March, 1998
MEMORNDUM
Sub: Payment of pension/gratuity and other monetary benefit to the ExVVF Volunteers of Manipur & Nagaland Division.
Kindly refer to your Memo No.32/SSB/A2/97(1) 3120 dated 23rd October, 1998 and this office letter no.Estt/ExVVFWF/97/MD/3163 dated 7.4.1997, regarding the meeting held at Divisional Hqrs., SSB Manipur & Nagaland Division, Imphal, with the representatives of ExVVF Volunteers Welfare Association of Manipur held on 11th March, 1997.
It may be stated that the VVF of Manipur was previously a Village Volunteers Association organized by village youths to fight out the atrocities inflicted upon them by the antinational elements due to paucity of police and nondeployment of security forces in the remote hill areas of Manipur. Gradually the VVF took upon itself the power to settle even local disputes relating to both civil and criminal nature with great success as a matter of social reformation. With the pace of time, the security forces were inducted and the VVF was left with countersubversion role.
The VVF was put under the direct charge of Cabinet Secretariat and finally handed over to SSB vide Cabinet Secretariat order No.EA/SP/6564 dated 3.5.1974, but its volunteer characteristic has been preserved till date. The VVF had 68 posts spread all over Manipur hills, which were reorganised vide Cabinet Secretariat order No.A11013/18/87DO1 dated 21.4.1998 and the number of posts was reduced to 27 posts only.
Due to various personal reasons i.e. old age, domestic affairs, invalidation and deaths which occurred while in action or in accident, the volunteers started leaving the organization who have been replaced by younger volunteers. As there were no specific be provided any monetary benefits at the time of discharge. These VVF volunteers have rendered valuable service voluntarily for the cause of the nation, but so far no pensionary benefits could be given to them. Now these discharged volunteers have organized in the form of an Association and made All Manipur VVF ExServicemen welfare Association of Manipur, and approached the divisional Organiser, SSB, M & N division, and also submitted the Memorandum to various dignatories including the Prime Minister of India, during May, 1997 (copy enclosed).
The All Manipur VVF exServicemen Welfare Association have identified the EXVVF volunteers who have not been given any pensionary and gratuity benefit in the past and requested for payment of pension and gratuity and other benefits to the ExVVf volunteers of Manipur. Thus identified volunteers numbered a total of 5120 and the likely expenditure involved would be Rs.3,62,72,572.00 (Rupees three crore sixty two lakh seventy two thousand five hundred seventy two) only being the payment of pension and gratuity. A Board of members of ExVVF Volunteers Association and the Staff of this Divisional Hqrs. Was detailed to find out the authenticity of these EXVVF volunteers and list has been prepared districtwise which is appended below:
S.No. Name of district No.of Volts. Amount
Ukhrul District 1439 Rs. 1,00,17,365.00
Sadar district 833 Rs. 38,74,724.00
Senapati district 637 Rs. 45,78,624.00
Churachandpur distt. 532 Rs. 47,92,076.00
Tamenglong district 1072 Rs. 83,50,407.00
Chandel district 607 Rs. 46,59,376.00
Total 5120 Rs. 3, 62,72,572.00
(Rupees three crore sixty two lakh seventy two thousand five hundred and seventy two only (Detailed list is enclosed).
It is, therefore, prayed that keeping their long and distinguished services rendered to the nation during the time of peak insurgency, the reward to these volunteers needs to be given in the shape of pension/gratuity, as proposed above, which will not only serve as a morale booster for these affected Ex VVF volunteers but will also go a long way in inspiring/ motivating the present setup of VVF volunteers to render their services to the nation in a more dedicated, disciplined and better manner. Therefore, the need of the hour is to settle this long pending issue at the earliest so as to ward off any impending court case which is rumoured among these ExVVF restive volunteers.
(G.S. SAYANA)
DY. INSPECTOR GENERAL
DIV. HQ, IMPHAL.�
Again, the Dy. Inspector General (EA) for the Directorate General of Security, Office of the Director SSB under his letter dated 29.4.1998 requested the Cabinet Secretariat to accord approval for payment of gratuity to the exVVF personnel at the rate of:
(1) Rs.810/ x completed year of service for the Volunter Organiser;
(2) Rs.650/ x completed year of service for the Sector Leader;
(3) Rs.570/ x completed year of service for the Group Leader;
(4) Rs.495/x completed year of service for the Volunteers.
For better appreciation of the said letter dated 29.4.1998, it is quoted hereunder in entirety:
DIRECTORATE GENERAL OF SECURITY
OFFICE OF THE DIRECTOR: SSB
SUBJECT:PAYMENT OF PENSION, GRATUITY, FAMILYPENSIONTOXVFF PERSONNEL.
Cabinet Secretariat may please refer to their OM No. A49011/36/93EAII976 dated 23.2.94, addressed to Min. of Home Affairs and copy endorsed to this Directorate, on the subject mentioned above.
All Manipur VVF ExServicemen Welfare Association had again submitted a representation to the Hon''ble Prime Minister during his visit to Manipur in May, 1997, regarding payment of Pension, family pensions & other benefits to VVF Exservicemen which was received through Cab. Secretariat. Matter was referred to Divisional Organiser, Manipur & Nagaland Division for examination who have a trun projected a proposal for payment of gratuity to 5120 ExVVF Volunteers for which expenditure has been worked out to Rs. 3,62,72,572/
The VVF Scheme was transferred to SSB w.e.f. 1.3.74 vide Cab. Sett. Letter No.EA/SP95/64 dated 3.5.74. At that time sanctioned strength of VVF Volt was 2305 Volunteers of all ranks including Medic, which has now been reduced to 999 after reorganisation.
Terminalcumdeath gratuity was for the first time introduced w.e.f. 13.2.94 vide Cab. Sectt. Order No.A27014/4/81EAII dt. 12,3,84 (copy enclosed), and was payable on termination of service, due to old age, on medical ground & in case of death while service at the rates admissible to temporary Govt. servants under CCS(TS) Rules,1965 based on honorarium admissible to different ranks of VVF personnel . The existing rates of terminalcumdeaht gratuity are as under:
(i) Volunteer Organiser Rs.810 x completed year of service.
(ii) Sector Leader Rs.650 x do
(iii) Group leader Rs.570 x do
(iv) Volunteer Rs.495 x do
VVF Scheme is already under review by the committee of Secretaries and no final decision has yet been taken. The payment of the gratuity will be a one time exercise. At present, no pension has been sanctioned to the VVF Volunteers.
Since the demand of the ExVVF Volunteers seems genuine and deserves to be given these benefits, which go a long way in boosting the morale of these Volunteers, due to long and distinguished service rendered by them during the peak time of insurgency. A specific provision in this regard will be made in the Revised Estimate 199899, which is scheduled to be submitted to Govt. in August, 1998.
Cabinet Secretariat, are, therefore, requested to accord approval for payment of gratuity to the ExVVF personnel as per statement enclosed, at an early date before the issue is politicalised by the VVF Ex Servicemen Welfare Association.
This has the approval of the Director, SSB.
Enccl.: As above.
(K.K. Luthra)
DEPUTYINSPETOR GENERAL(EA)�.
The respondents also filed their affidavitinopposition. In their affidavit inopposition it is contended that the members of the VVF were not appointed as regular government servant and as such the members of the petitionerassociation cannot claim for entitlement of service pension as per the pension rules. There is no provision for payment of pension to a volunteer, but the respondents in their affidavitinopposition specifically stated that the terminal gratuity is however admissible as per the provisions of the scheme and it has already been processed. A committee was constituted to process cases of the VVF volunteers in terms of the judgment and order given by this Court dated 8.9.2000. The Board/ Committee had recommended for grant of terminal gratuity at the rate of Rs.2000/ per completed year of service for the exVVF members.
From the submissions of the learned counsel for the petitioner as well as the learned CGSC for the respondents, it appears that the respondents are ready to grant terminal gratuity at the rate of Rs.2000/ for completed year of service for the exVVF volunteers. In other words, Rs.2000/ x number of completed years of service for the exVVF members. The learned CGSC appearing for the respondents also fairly submitted that the members of the petitionerassociation would be entitled to get monetary benefits in the form of terminal gratuity at the rate of Rs.2000/ x completed year of service for each member of the petitionerassociation. This court is of the considered view that the submissions of the learned CGSC that the members of the petitionerassociation being the members of the voluntary orgnisation cannot claim for pensionary benefits like the regular employees of the Government of Manipur or the Government of India under pension rules of the regular government employees has force of law and also equally acceptable the submissions of the learned CGSC for the respondents that under the prevailing service laws there is no provision to grant pension to volunteers who availed themselves voluntarily and they cannot be lebelled as service men.
Keeping in view of the above discussions, this writ petition is disposed of by directing the respondents to pay the monetary benefits in terms of the terminal gratuity at the rate of Rs.2000 x completed years of service for each exVVF members, i.e. to each of the petitioner association as agreed and admitted by the respondents within a period of 3(three) months from the date of receipt of this judgment and order.
To the above extent, the writ petition is allowed. Parties to bear their own costs.