Foreword by the Host of the Blog
I am indeed thankful to Veteran Brig Sivasankar Vidyasagar, A Bombay Sapper, for highlighting the modus operandi of various authorities in denying
the benefits of the 6 CPC, duly approved by the Government of India to add one
more of the bundle of injustices heaped upon the Defence Veterans. Another
bluff or a mischief played to mislead the Defence Veterans as well as the
Nation was perpetrated by the Authorities themselves on 24 September 2012,
through a grand media publicity stunt, in the announcement, terming it as a “Bonanza for the Defence Veterans”
in the
disguise of recommendations of the Committee of Secretaries. It is undoubtedly a fit case for severely
punishing and penalising the concerned officials from top to bottom for deliberately
and criminally, denying the benefits duly
approved by the Government, amounting to cheating the Defence Veterans,
through legal action, if considered necessary. Will the Indian Judiciary ever deliver
justice promptly?
By Veteran Brig Sivasankar Vidyasagar,
The Bombay Sappers,
Though I
am not a expert on pension matters, what I learnt from a bit of study is that
the Govt of India, Min of Def letter No 17(4) / 2008 (1) / D (Pen/Policy) dated 11 Nov 2008 in para 5 clearly states as to how to work out pension of Pre-2006
retirees w.e.f. 01 Jan 2006. I show just an extract of that letter as
under:-
"5. The consolidation of pension will further
subject to the provision that the consolidated pension in no case shall be
lower than fifty percent of minimum
in the pay in the pay band plus the grade pay corresponding to the revised scale from which the
pensioner had retired/discharged including military service pay and X group pay
where applicable.
For example, if a pensioner had retired in the pre-revised scale of pay
of Rs 6600-170-9320, the corresponding pay band being Rs 9300 - 34800 and
corresponding grade pay being Rs 4600 and military service pay being Rs 2000,
his minimum guaranteed pension would be 50% (9300+4600+2000) i.e. Rs 7950 for
33 years qualifying service. The pension so calculated will be reduced
pro-rata when pensioner had less than the maximum required service of 33 years
for full pension and in no case less than Rs 3,500."
What all of us have to understand is the difference
between two phrases (i) Minimum of Pay Band for each Rank and (ii) Minimum of Pay band. These two terms are not
the same. There is vast difference between them.
The MOD quite cleverly do not show in their above
letter (dt 11 Nov 2008) what is the pay band, grade pay, MSP for each rank.
They also do not show what is Minimum of Pay in pay band for each rank in their letter above. It is a normal practice in the Services
when you mention new terms like above, you are required to explain them in an
Appendix or as a note with illustration so that every one understands
what you are conveying. Most of the Govt of India letters are quite ambiguous
leading for different interpretations and consequently legal battles.
What MOD wanted laymen like me to believe whatever
they work out would be correct and we should not waste our time to catch their
mischiefs. I strongly believe, they deliberately did not explain what is minimum of pay in pay band ie Rs 43390 for Cmde and minimum in pay band i.e. Rs 37400 for cmde (many of us do not understand the subtle difference between these two
phrases shown in different colours i.e. red and green). They wasted lot of
stationery in tables for revised pension based on their wrong interpretation.
But MOD had to explain
these two terms later in SAI 2/S/2008 as to what is the new pay band, grade
pay, military service pay for each rank and minimum of pay in the pay band for each rank. They have no excuse to cover up
their tracks as SAI was issued on 11 Oct 2008 where as MOD letter on pensions
of Pre 2008 retirees is given one month later i.e. 11 Nov 2008. So they had
ample time to include whatever is given in SAI in their letter dt 11 Nov
2008.
The PCDA(Pension) Allahabad which actually does all the
donkey's job for issue of the above mentioned MOD letter dated 11 Nov 2008
quite ingeniously shows the example in the wrong way in para 5 itself (after
having clearly stating that 50% of minimum of pay in pay band, grade pay and MSP (just one sentence before the example) to
deprive the pensioners of their legitimate due.
The minimum of
pay in pay band for each rank in
which the pensioner has retired had he served beyond 2006 is given in Special
Army Instruction 2/S/2008 dated 11 Oct 2008 . For Officers of various ranks it
is as under: -
Lt - Rs 15600
Capt -
Rs 18600,
Maj - Rs
23180
Lt Col - Rs 28090 (in PB-3 scale)
Col - Rs 40890,
Brig -
Rs 43390
Maj Gen - Rs 44700
Lt Gen - Rs 51850 (before it was enhanced)
The ingenious way in which PCDA(Pension) Allahabad showed
pension of pre 2006 Brigadier/Cmde /Air Cmde for example in the ibid MOD letter
dated 11 Nov 2008 and what is now being given is shown below :
Minimum of Pay in the Pay Band - Rs 43390
Minimum in Pay Band
- Rs 37400
(pay band being 37400-67000)
(pay band being 37400-67000)
Loss suffered by
Cmde from 1 Jan 2006 to 24 Sep 2012
is
= 50% of Rs 5990
= Rs
2995 per month
Pension of Cmde as shown in MOD letter dated 11 Nov
2008 Correct Pension of Cmde
(Rectified now by Cabinet Secy's Committe)
50%*(37400 +
8900 + 6000) = 26150
50%*(43390
+ 8900 + 6000) = 29145
See another trick played by the Cabinet Secy's Committee
as if heeding to the cries of Ex-Servicemen, the committee laboriously reworked
and improved pension (called Bonanza for Ex-Servicemen) to bring it closer to
the demand of OROP amounting to Rs 2,600 crores. This bonanza is what the 6th
CPC has recommended and later approved by Govt of India. There is therefore no
bonanza. The Govt of India in fact earned interest on Rs 2,600 crores from 1.1.
2006 to 24.9.2012 i.e. six years and nine months. The babus in MOD would have
got shabash for doing so much hard work and saving the treasury of unnecessary
expenditure which could be spent on welfare schemes for deprived OBCs, SC, ST (never
mind some of them own Mercedes Benz S class Cars).
The same PCDA (Pension), Allahabad having realised
their mistake, reworked out the actual pension recommended by 6th CPC and
approved by Govt of India. The Cabinet Secretary's committee did not move themselves
even a bit and announced to the whole world they did a lot to improve the
pensions by giving them bonanza of Rs 2,600 crorres (having gobbled the interest
for six years and nine months) . You will be surprised to know that one SAO
(Senior Accts Officer) well versed in Pay Commissions does the job of preparing
draft Government letter and he admitted this to me when I went to PCDA (Pension)
Allahabad to undergo two days training programme on Circular 430 of PCDA (P) in
September 2011. By his glib talk, he convinced me that pensions of
Defence services personnel has gone up substantially compared to
civilians.
Again another trick played by MOD is that the
improved pension (of Rs 29145 for Cmde) which should have been given w.e.f 1
Jan 2006 will be given only from the date (i.e. 24 Sep 2012) when Govt of India
approved the laborious research done by Cabinet Secretary's committee . They
deprived all Ex-Servicemen and family pensioners their legitimate dues from 01
Jan 2006. So MOD/Dept of Ex-Servicemen Welfare wants us to go to the Court/AFT
to get our legitimate dues. Of course, they will obfuscate the hon'ble
courts/AFT stating that the revised pension has been approved by Govt of
India, with prospective effect without telling that it is just rectifying their
deliberate mistake of confusing everyone with two words : Minimum of pay in the pay band Rs 43,390 for Cmde (given in SAI 2/S/2008) and Minimum in
the Pay band of Rs 37400 in PB-4 (given in MOD letter dated 11 Nov 2008 where they played the
mischief).
I sincerely hope RDOA goes to AFT/Supreme Court to
demand implementation of our pensions w.e.f 1 Jan 2006 and get arrears with
interest of 12%. RDOA must demand punishment to the babus right from the one
who drafted Draft Govt letter and right upto Defence Secretary for causing
financial loss and consequent hardship. The interest component to be demanded
should be from the pay/pension of babus and not from the Government to act as deterrence
in the future if they monkey around with us anymore. Saying “NO Costs" by hon'ble AFT/Supreme Court means
these crooks in MOD get off the hook for doing disservice to Ex-Servicemen and
poor family pensioners.
Mind you, the pension so worked out is for 33 years
of service (actual service + weightage given to each rank should be equal to 33
years). If that service after including weightage is less than 33 years,
pension will be reduced on pro-rata basis. The
restriction of 33 years has been removed for commissioned officers only from 2
Sep 2008 (but for PBOR it is w.e.f. 1 Jan 2006). Why this discrimination
between officers and PBOR, is not known.
The time scale Colonel's rank is given only after completing
26 years of service as per AVS Committee report and not 21 years as stated in
these pages.
I have no doubt that I might have confused Army
guys like me hell of a lot with the above laborious explanation. I can bet
even today 95% of retired Army officers do not understand the difference
between the two phrases Minimum of pay in pay band and minimum of pay band even today.
I would be too happy to be corrected on the above issues
with latest instructions, as I am not very conversant with pensionary matters.
Brig
(Retd) CS Vidyasagar
The
Bombay Sappers
csvidyasagar@gmail.com
My dear Sir,
ReplyDeleteI have already undrstood the above aspects highlighted at your end. Now I would like to highlight one more that the Minimum Guaranted Pension going to be applicable of all ranks retired before Jan 2006. I am not understood that as to why the Pension/FP of any rank who were fixed on the high scale at their retiement. For instance, what will be the Pension of a Major fixed at Minimum Scale Rs 11600 + 1200 and Maximum Scale Rs 14850 + 1200 Rank Pay. Because the MGP for a Major is Rs 18205 worked out at the minimum scale.
regds,
Capt Gurdas Singh
Dear Brig Vidyasagar,
ReplyDeleteyour illustration is 100% correct. It is time we all unite and file a case in a high court ASAP. Gross injustice, to put it very mildly !!
What we need to do is to unite ESM all over the country and apprise them of such misdeeds. The powers that be only take notice when it hurts their poll prospects,
ABSOLUTELY CORRECT.Action by one and all required- individually and severally.
ReplyDeleteEarlier WRIT PETITION of Rank pay by DHANAPALAN did not seek penal interest ,costs and damages for evasion/denial/cheating . Thus, these were not included in that adjudication of the issues and related issues -pursued by RDOA.
ReplyDeleteNow ,one and all should be wise enough to include and demand all such damages,penal interest......etc in approaches,methods ,efforts ,action.....and also judicial route.
THIS has to be done by many :-individuals (effected).associations such as RDOA,IESM,IESL on radar and veterans cells of integrated HQs......etc
RDOA can be adequately supported with feed back and financial support by all with due co-ordination,participation and action.
WITHOUT INITIATIVES,PARTICIPATION,ACTION-things would not move and may carry on the with delay and further denials (like rk pay case -27 yrs ) and go on like this-again and again and again.
This analytical and factual write-up should be given wide publicity and circulation
to bring awareness among veterans.Dues from 1.1.2006 with interest there upon are legitimate as civilian pensioners of GOI have received amounts from 1.1.2006.
Why going to courts. We have concrete evidence and even in rank pay case we have Honourable High Court of Kerala and Honourable Supreme court judgements. The babu who signed the letter of 27 Dec 2012 has not only faulted but made the honourable courts judgements redundant. It is all collective conspiracy by babus against AF officers. It is has been proved very well. Why not we lodge FIR against the signing authority of 27 Dec 2012 letter of implementation of rank pay judgement. This will dig out complete case of conspiracy. Let the police and CBI then deal with the case
ReplyDeleteLet us book every one for collective conspiracy.
With elections due in 2014, this is the right time to apply pressure on the Govt to get our rightful dues. And if this Govt does not oblige, taking the legal course of action is an obvious must, but besides its time we as ex-servicemen whose strength in India is approx one crore, if including families say 4 to 5 crores, must get this Govt down out of power.
ReplyDeleteBy not abiding by the verdict of the apex court, this Government will not only commit contempt of court, it will prove itself to be an unconstitutional and illegitimate Government. It will have no moral right to talk of justice or ask any protester in the country to take a legal course. It will have no moral right to continue in power.
ReplyDeleteDear Sir
ReplyDeleteThe concept of 33 years of service ( 28+5 Years weightage) has already been done away wef 01 Jan 2006 for all Commissioned Officers too.
It was already recommended & implemented by COS report of 2009.
Kind regards
Balbir Singh