To,
Dr Manmohan Singh
The Hon’ble
Prime Minister of India
Govt of India
7 Race course Road
New Delhi
PAY AND PENSION ISSUE OF DEFENCE PERSONNEL AND EX-SERVICEMEN
Sir,
1. Please refer to the Constitution of Pay and Pension Anomalies Committee for Defence Forces dated 13 Jul 2012 at 1830hrs( Press Information Bureau India) and news published in THE TRIBUNE dated 14 July 2012 on page11 vide column 1 to 4 regardingӃabinet Secy to Chair panel on military pay issue.
2. On the Onset we the members Ex-Servicemen Joint Action Front (Sanjha Morcha), convey our heartiest thanks to you for having taken the initiative to resolve the issue of the long outstanding demand of the Ex-Servicemen of the Nation regarding anomalies of Pension among the various Ranks and grant of One Rank One Pension(OROP) by convening a Committee under the Chairmanship of Cabinet Secy .
3. Sir, We would like to draw your attention towards the following aspects of OROP, as prevailing in the past.
(a) All three parliamentary Consultative committees presided over by Shri M.L Khurana, Shri Satpal Maharaj and one by Shri B.S Koshiary have recommended the implementation of OROP in letter and spirit to the veterans immediately.
(b) A Committee headed by Shri KM Chandershekhar then the Cabinet Secy with seven other IAS officers as members have already Submitted the recommendation.
(c) Two Hon’ble Presidents of India and Five Prime Ministers have accepted the Implementation of OROP from time to time and with due regards to you sir, You have also been apprised and briefed by various delegations of Ex-Servicemen on the subject in 1990, during your tenure as finance Minister, hence, nothing is new to your knowledge,
(d) Madam Sonia Gandhi during her meeting with Ex-Servicemen of the North Zone had accepted OROP for Armed Forces in presence of all Senior Congress leaders of Punjab, Harayana, UP and HP. The meeting was presided over by Capt Amrinder Singh on 08 Nov 2002 at Sector 46, Chandigarh, who accepted in principle that OROP is justified for Armed Forces, and said in Hindi that if Congress comes to power in next general elections, we will implement grant of OROP.
Later Mr Pawan Kumar Bansal, MP from Chandigarh and now the Minister, also promised during election campaigning at Chandigarh, that he will personally take up the issue once the Congress government is formed at the Centre but till today he is maintaining a total silence on the subject and forgotten the Ex-Servicemen Community of Chandigarh and Mohali.
(e) Even Mr George Fernandes, the then the defence minister during his visit to Anandpur Sahib in Apr 1999 also declared that OROP will be implemented within a week.
(f) Non Implementation of OROP for long time since 1982 and delay tactics by the subsequent ruling governments, all the recommendations by various committees and commitment made by now senior Political responsible leaders has not broken the ice. They only make false promises during the election campaigning and forget the promises made to the dedicated, brave Ex-soldiers of the Nation. People and governments of other country feel proud of their defence forces, but it is unfortunate that the Indian soldiers have to struggle to get their demand fulfilled from the thankless leaders and the only time the soldiers are remembered by the NATION is during the National Calamities.
(g) Thus the delay had resulted in number of Ex-Servicemen associations taking birth. And one such is the IESM (Indian Ex-Servicemen Movement) under the chairmanship of Lt Gen Raj Kadiyan. The frustration lead the Ex-Servicemen to deposit their hard earned medals (their pride) in thousands after bundling them in sacks to the supreme Commander of Forces, Our Hon’ble President of India, as a protest for non-implementation of OROP, without any response till date.
(h) Sir, Various other Ex-servicemen organisations have apprised almost all the heads concerned with this issue from time to time and have been pressing the government to accept their just demand of OROP after removing all the anomalies among the pension scales of all ranks.
4. Now we feel that government continuous refusal to accept the OROP demand of Ex-Servicemen and continuous forming of various committees one after the other, only forces the Ex-Servicemen to deduce with conviction that:-
(a) Non-Sincerity of the Governments to resolve the issue of OROP, nor any government will be allowed to succeed by the bureaucrats as their desire always prevails and they are masters in manipulation. They will again succeed in stalling the grant of OROP as there are no representatives from Ex-Servicemen community or any Serving personnel as members of the Committee.
(b) An eye wash methodology by the government to keep the Ex-Servicemen guessing and keeping the hope alive by projecting that the government is sincere in resolving and now again pondering and working over it with a fresh new committee but with old horses.
(c) The Present Committee will not deviate from the previous committee, though may have been formed by your office executive orders, but as there is a deep mutual understanding among the IAS lobby not to counter each other recommendations nor they will allow any representatives from Armed Forces or from Veterans to join them.
(d) Such committees are not going to do any magic calculations on the issue and thus status-quo-ante may continue . They have no experience to visualise the continuous sacrifice made by the Soldiers in uniform even during peace tenures. The soldiers serve in hazards terrains, uncongenial, unfriendly climate conditions, away from their families, children, home comforts and sacrifice their prime youth in the service of the Nation and are then sent on pension at young age, made to draw even less pension than a peon employed in central govt.
5. The leadership of the tiniest Nation like Singapore and the mightiest one USA, get on house tops and Blair away that they will give the best tangible benefits to that section of society who do the most difficult task for the Nation and they would therefore get the best of tangible and non-tangible benefits and then give it with pride. What happens in our country? When the Nation is confronted by calamity, natural or manmade, the armed forces are brought and squeezed to the hilt and after the job is done they are sent back to their barracks without any appreciation and waded out.
6. The Basic problem of all the Governments in the past has been that till date none of the government has recognised the Separate and Independent Identity of the Defence forces along with other Indian Services under Article 309-313 of the constitution. No Acts and Rules have been framed for taking Parliamentary sanction to fix their Status, recruitment, service conditions and retirement benefits and fundamental rights and accepting the soldier right to resettle in backdrops of article 16(i) of the constitution. The present Army Acts and Rules are more for disciplines and present DSR is an adhoc document. All other Indian Service has such Laws in place under the same article. Had any government taken initiative to resolve the Core fundamental problems of the military first, rest all i.e. recruitment, service conditions, pay and perks, pension, resettlements and rehabilitation would have fallen in place automatically.
7. Though, the committee has been formed of all secretaries of the government under chairmanship of Cabinet Secy, to look into the grievances of Defence Forces and veterans. The Defence Forces are a separate class of service with different service and serving conditions and status, as distinctly stated in Article 309 and 310 (when read together) of the constitution as such the Cabinet Secy is not entitled to head such committee of defences forces. This is unconstitutional supremacy well planned over the Defence Forces. There should have been a retired Chief or Chief of Staff Committee with increased terms of references. There is no representative from Ex-servicemen, this has been done deliberately a show down and cast aspersions on the capabilities and efficiencies of serving and retired army officers.
8. It is worth bringing to your notice Sir, that the Army officers apart from being gazetted officers are also Commissioned officers granted by the President of India and by virtue of their nature of job perform such responsibilities with proper legal backing for which in normal course there are separate branches and line of officers. Some of the critical job functions and powers of any commissioned officers are?
(a) Judicial Powers. Perform certain judicial responsibilities in certain manner to the extent of giving death sentences and summary execution in times of peace and wars both. Administer justice in captured and occupied territories.
(b) Powers of Magistrate. Perform as magistrate when situation taken over from any civil authority during any internal disturbances, counter insurgency, riots or crisis including powers of search and arrests.
(c) Military Powers. Exercise military powers in times of war under international conventions for which India has signed. There are no laws applicable on war.
(d) Executive Powers. Government and administrative powers Govern and administer captured and occupied territories till a legally constituted government is in place.
(e) Sovereign powers of President. Exercise certain sovereign powers of the president to confirm and execute death sentences as given under Summary General Court Martials without any reference to any court in India and the president.
(f) Exercise the unique authority of command. as officer commanding or commanding officers.
Govts Attitude towards Defence Forces in spite of above facts
(a) No other officer in govt services performs such varied functions and big responsibilities and yet the agony is that their status is so down played in such a humiliating manner that: They are not considered fit by Indian govt to chair or member of any commission or board or any other body.
(b) They are not considered fit by Govt to be given the administrative powers of any all India Service Officers. In spite of there being suitable provision in all India services acts and rules, they are not considered to be absorbed in such services.
(c) They are not considered in the same class as judges and not even given membership in various judicial and bar bodies and councils or considered fit to be appointed as judge though while in military they perform such duties. Worldwide military officers are given such opportunities with certain conditions.
(d) They are not considered fit to be head of certain department and PSUs except few exceptions.
(e) Junior officer commissioned officer who is gazetted and commissioned in rank by the president is equated with sub inspectors of Police who is grade III officer.
9. These facts will never be taken into considerations by the present bureaucratic Committee i.e. in House Committee of IAS Officers. Such fundamental lapse needs to be corrected restoring the honour and status of commissioned officer of the military. Therefore the Pay and Allowances of defence Forces status cannot be compared with any other service as their status, service and serving conditions are different. Therefore the committee under the chairmanship of Cabinet Secy is unconstitutional and it is further degrading the defence forces status.
10. The President is the head of the state, and custodian of the constitution, and govt by itself, over and above he is the Supreme Commander of the Defence forces, thus making the defence forces as part and parcel of the Govt. It is beyond perception as to why no member of the Defence forces have been included in the Committee and the committee should had been formed under the chairmanship of any one Union Minister with all others as members, to arrive at a judicial grant of Pay and Allowances and pensions to the defence forces and veterans.
11. Keeping in view the apprehensions of All Ex-Servicemen as highlighted above, we would humbly request you Sir, till the time you do not take personal interest in favour of lakhs of Ex-Servicemen, due to non-inclusion of any representative from Ex-Servicemen Community, the facts and figures will be manipulated on higher side and termed it as beyond the budget scope of Finance Ministry to implement. In the end, this will not fetch any dividends except to twist the problem beyond repairs.
12. The non-implementation of OROP without addressing the major anomalies the frustration among Ex-Servicemen will further escalate and will leave an adverse impact on the morale of defence forces and veterans. There is no dearth of material available with MOD, PMO office on the anomalies and pay and pension scale of serving and retired personnel.
13. The following anomalies have not been included in the terms of reference in the present committee i.e non-inclusion crucial anomalies of Majors and their equivalent ranks pension Scales.
(a) There exists a major gap in the basic pension of a Major and a Lt Colonel which is now Rs 11600/- which was earlier Rs 950/-.
(b) Further the pre 1996/2004 retired Majors are drawing less pension than family pension of pre 1996/2004 Lt Colonel.
(c) A JCO holding honorary rank is receiving more pension than pre 1996/2004 retired Major.
14. In the last and not the least, is to convey you that all the Ex-servicemen of India are having all the high hopes and trust in your leadership and have very high expectations from you, being at the helm. Hopefully you will be able to bulldoze the bureaucratic mischievous designed hurdles projected to their time bound Masters (Politicians of 5 yrs terms of service at a time), in grant of OROP. This is the right time for the ruling government to earn the goodwill of all Ex-Servicemen of India.
Col CJS Khera(Retd)
Gen secy
Copy to:-
1. Smt Sonia Gandhi
Hon’ble Chairperson, UPA
10 Janpath,New Delhi.
2. Shri AK Anthony
Hon’ble Defence Minister
Govt of India
New Delhi-110011
3. Gen Bikram Singh PVSM,UYSM,AVSM,VSM,SM,ADC**
Chief of The Army Staff
Army Headquaters, South Block
DHQW PO,New Delhi
4. Air Chief Marshal NAK Browne PVSM,AVSM,VM,ADC
Chief of Air Staff
Vayu Bhawan
New Delhi-110011
5. Admiral Nirmal Kumar Verma PVSM,AVSM,ADC
Chief of Naval Staff
Integrate Headquaters of MOD (Navy)
DHQ PO
New Delhi-110011
Sir, You have [pointed out 3 anamolies pertaining to the officers only. What about other ranks? No data or what? Yours faithfully
ReplyDeleteAnonymous
Mr, T V Manerajurikar,
ReplyDeleteU should not forget that like an IAS lobby, the officers lobby also exists to think for self only...they are crying for them only......
GOOD EFFORT BUT WRONG TIME . WHEN GOVT IS BENT ON TO GIVE OROP. THIS SUPERIOR COMMITTEE IS TO CLEAN THE REJECTION BY UNDER SECRETARY. IT CAN NOT BE CORRECTED VERBALLY AS PER LAW OF LAND.
ReplyDeleteBUT SANJHA MORCHA PARA "The Defence Forces are a separate class of service with different service and serving conditions and status, as distinctly stated in Article 309 and 310 (when read together) of the constitution as such the Cabinet Secy is not entitled to head such committee of defences forces. This is unconstitutional supremacy well planned over the Defence Forces. There should have been a retired Chief or Chief of Staff Committee with increased terms of references. There is no representative from Ex-servicemen, this has been done deliberately a show down and cast aspersions on the capabilities and efficiencies of serving and retired army officers." IS AT A VERY WRONG TIME. IT IS LIKE AXING ON FOOT.SAY GOVT GIVES OROP & SOME ONE GOES FOR PLI LITIGATION THAT SANCTION IS UN CONSTITUTIONAL AS PER SANJA MORCHA PARA THAN IT BHANJA MORCHA & YOU WILL WAIT FOR ANOTHER 30 YEARS. I FAIL TO UNDER STAND WHY THEY CANNOT KEEP QUIET TILL 15 AUG 2012.UP MAN SHIP WILL DAMAGE US FURTHER
Col. Lamba Sir, for your information please read the following.
ReplyDeleteSir, Much is talked about OROP & NFFU and comparing the downgradation of Armed Forces. But everyone overlooks the VIth Pay Commission came w.e.f.01.01.2006 and w.e.f. 01.01.2004 there is no pensionary/Provident Fund benefits to all IAS/IPS/IRS etc. Grade A Officers or GP B, C & D civil staff joined after 01.01.2004. Whereas defence persons joining after 01.01.2004 will get pension/Fund benefits. In future civil side will ask for OROP at par with AFs. Ironic is'nt it? Though there is no provision and can not be implemented by President ( Leave beuracrats even of Cabinet Secretary Level). Please check up the latest on civil side before demanding for more than them.
Yours faithfully
Tukaram V Manerajurikar
Those officers joined after 2004 may retire after 2039 or thereafter.Till 2039 they are(ias/ips etc) going to get regular pension . Now we are in 2012.Hence demanding OROP/ NFU/grade pay for capt. as rs 6600 & grade pay for majors as rs 7600 i.e. on par with civil side is nothing wrong.
DeleteTukaramji,
ReplyDeletewhat do you want. When AF want parity with civil services, every one is against it. and now in one sentence u are saying, in future civil side will ask for OROP at par with AFs. Well, it is always that AFs are asking for parity. Civil government officials are taken care of by bureaucracy as well as lower staff as each one of them is also affected. But for AFs, there is no one, no organised manner of projecting and agitating against well justified legitimate demands. So, please do not compare service conditions of AFs and civil government personnel and defend the whole injustice since last 4 decades on one parameter of pensionary benefits post 01.01.2004.
Meeting held on 18th July for One Rank One PensionOn 18th July 2012, the three service chiefs, led by Admiral Nirmal Verma, Chairman ee (CoSC) met with Committee of Secretaries constituted by the Prime Minister to resolve anomalies in the implementation of the Sixth Pay Commission Although a total of 39 anomalies have been identified by the three services since 2008, they have decided to concentrate on some core issues that directly affect both serving and retired armed forces personnel.:Fixing common pay scales for all JCOs and ORs Grant of NFU status to officers Correcting difference in rank pay of officers Extending the HAG+ve Grade Plus) scale to all three star officers ranting OROP And to push for their demands further, the three Service chiefs, led by Chairman of the Chiefs of Staff Committee, Naval chief Admiral Nirmal Verma, along with his colleagues, Chief of Air Staff ACM, NAK Browne and Army Chief General Bikram Singh gave a detailed presentation to the Committee of Secretaries on Wednesday.The six-member committee, comprising the Cabinet Secretary with the Defence Secretary, Secretary Ex-Servicemen Welfare, Secretary DoPT, Expenditure Secretary and Principal Secretary to PM, The government has asked the committee to submit its report by August 8.There is a buzz that the Prime Minister wants to make a grand announcement from the ramparts of the Red Fort on August 15 and therefore the deadline of August 8!FOROP But the issue that has upset and angered serving defence personnel is NFU.For those not in uniform it needs a bit of an explanation.Buckling under pressure from Group A organised Services under the Central Government like Border Roads Organisation, Military Engineering Services, Postal Services, the Sixth Pay Commission gave them a special concession.It allowed the officers in these services to be placed in a grade pay scale equivalent to an IAS officer two years behind that particular IAS batch. For example if the 1992 batch of the IAS officer got placed in the Joint Secretary grade in 2012, all Group A organised officers of the 1990 batch would automatically get the pay and allowance equivalent to the 1992 IAS batch, irrespective of the post and place they are serving in. That is the upgradation will be done on a ‘non-functional’ basis. whereas military officers senior to them in rank and service will get less grade pay at the same level of service thereby creating a functional disparity giving rise to insubordination and subtle non-compliance.Military officials have pointed out that this has adversely affected organisational command and control in multi-cadre environment. It also led to lowering the status of Armed Forces Officials vis-a-vis organized Group A officers and IPS Officers. Organized Group A and IPS Officers reach HAG (Higher Administrative Grade) Scale at 32 years while only 0.2 per cent of Armed Forces Officers can ever reach that level.With over 97 per cent Armed Forces Officers retiring in the Grade Pay of 8700, their exclusion from the NFU is seen as grossly unfair. This differential not only disturbs financial parity, it pushes down the Defence services in status as even direct recruit officers of Group B services attain a better pay and promotional avenue and manage to reach the level of Joint Secretary/Major General before retiring.Both the OROP and granting the NFU status to Armed Forces officials is not going to be expensive either.According to calculations done by the military, the annual outgo for granting OROP to the approximately 21 lakh ex-servicemen would not be more than Rs. 1300 crore. Similarly the NFU status, if granted, will cost the exchequer a mere Rs. 70 crore annually but will go a long way in restoring the pride and status of the armed forces’ officers.The other core issues are minor in comparison but important nevertheless.
ReplyDeleteCan any body enlighten me as to why their is disparity in the rules for granting extra time for construction on the plots allotted by GMADA, Mohali wrt civilians posted in State and are away from state due to service conditions, whereas only def pers posted in field and not allotted accn are given this waiver. What can be done to address this anomaly for def pers who belong to state but remain posted out of state most of the time and parity should at least exist with civ pers if not more.
ReplyDelete