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Wednesday, February 6, 2013

Armed Forces taken for a Ride Again?


The much heralded announcement from the Ramparts of the Red Fort has crystallized into a ‘throwing of crumb’ to the already besieged officers of the armed forces. The latest letter issued on 17 Jan 2013 by the MoD on revision of pension and family pension is far from what it should have been.

1.       The anomaly which was created by the babudom on 6 CPC recommendations has been corrected to read as ‘Minimum of the pay in the pay band’ rather than minimum of pay band. This has stretched out the pension of officers from the rank of Lt Col to Maj Gen which had got clubbed in a narrow band. Sure relief for the tattooed rank based structure.

2.       It has resulted in a loss of pension arrears from 01/01/2006 as the revision has been made applicable from 24 Sept 2012. It ‘Defeats’ all logic. An anomaly created by the MoD and rectified by them deserves to be made applicable from 01/01/2006. Sure shot case in the making for the courts for an arbritary cut off date.

3.       Issue of letter displays short sightedness at the highest levels of the Govt machinery. Refixation of pay on account of deduction of Rank pay from the IV CPC through V and VI CPC should have been taken into account as the minimum of pay for each rank from Captain to Brigadier is set to change upon restoration of deducted rank pay. Corresponding Grade pay would also change for Lt Col / Col/Brig. So therefore the pension and family pension would also change based on the increased minimum of pay in the pay band.

4.       No cognizance has been taken of the anomaly created by AVS I report. A Lt Col (Select/TS) who was in service as on 16 Dec 2004 and had put in 26 yrs of service got upgraded to Col TS with pay and pension benefits but an officer who retired prior to that date was denied the pay and pension of Col TS. Again beats all logic. Rightfully the benefit of pension of Col TS should have been extended to all Lt Cols (Select/TS) who retired with 26 yrs of service. A Supreme Court Judgment reads as ‘ What is discriminatory is introduction of a benefit retrospectively or prospectively by fixing a cut off date arbitrarily thereby dividing a single homogeneous class of pensioners into two groups and subjecting them to different treatment’

5.       The worst sufferers have been officers in the rank of Major. An officer became a Major in 13 yrs at III CPC which got reduced to 11 yrs at IV CPC and 10 yrs at V CPC. AVS I report further reduced the qualifying service to 6 yrs for Major and made 13 yrs for substantive Lt Col wef Dec 2004. 6 CPC put Major in pay band 3 and Lt Col in pay band 4, thereby drastically reducing the pay and pension of Major to Rs 18205/- for 25 yrs service as per letter of 17 Jan 2013.

This BIG ANOMALY of pension of Major needs to be corrected. As a one time measure all pre 2006 Majors who have put in 20 yrs of service should be given the benefit of pension of Lt Col ie Rs 26265/- plus DA thereon.

Alternately on refixation of pay of Major due to IV CPC rank pay; as Major then in 1986 was equated with NFSG civilian officer; Major should be fixed in pay band IV with Grade pay of Rs7600/- at 6 CPC so that correct Pensionary benefit is given.

6.       It is not intended to secure anything extra for the (h)armed forces officers but what has become legitimately due as a result of self created anomalies. Corridors of power must take appropriate actions to resolve the anomalies earliest rather than issuing letters in haste to show achievement rather than attaining satisfaction levels of the pensioners.   


FOR INFO OF ALL OFFICERS

Retired Defence Officers Association (RDOA) has been instrumental in securing favourable judgment in the now famous IV CPC Rank Pay Case as the Main Litigant from the Hon’ble Supreme Court of India.

MoD vide its letter of 27 Dec 2012 has issued Implementation Instructions in compliance of the Hon’ble Supreme Court order of 04 Sept 2012. This letter falls short of the Supreme Court directive and does not meet the spirit of the judgment.

RDOA has taken up the issue with MoD /Raksha Mantri to either withdraw the letter or issue amendments in keeping with the Supreme Court judgment and ‘to refix pay of officers without deduction of rank pay from 01/01/1986 and not as on 1/1/86’ spread across IV/V/VI CPC and payment of arrears to affected offrs (Pre 1986/As on 1/1/86/Post 1986) with same principle applying to V CPC (1996) and VI CPC (2006) thereof.

Offrs / affected NOK are requested to send the requisite details to CDA (O), Golibar Maidan Pune if not already done as asked for. In case of Airforce/Navy offrs their respective CDA will be doing the needful.

There are officers who in their individual capacity or on behalf of their org have been seeking audience with the RM on the Rank Pay case with what interest or to score a brownee is not understandable /questionable.

The  IV CPC Rank Pay Case has been handled exclusively by RDOA from its start to the present state of implementation. Nobody else knows this case more than RDOA and its core group. Any Track II diplomacy/projection of this case/attempt to discuss would put all the effort undertaken in jeopardy. RDOA is the main litigant and reserves the right to take it to its logical conclusion. RDOA has its legal team to take appropriate advice to deal with the case.

Till such time the MoD issues clarification/case reaches finality, offrs are requested not to communicate with MoD / CDA /talk/discuss this case with any of the Govt functionaries / political appointees. Your cooperation is solicited and let RDOA handle the case in consultation with their legal team. 

For any queries you may contact The President /Secretary RDOA.

By the kind courtesy of RDOA 

reference http://rdoaindia.blogspot.in/


Arrears credited to serving officers: IV CPC Rank Pay Case

Serving officers who were holding the rank of Capt to Brig as on 1/1/86 have received the arrears on account of the IV CPC Rank pay case. Amount credited varies from Rs 46000/- to Rs 120000/- depending upon the rank held. Modality of calculation can only be known once the officers receive the work sheet of the due/paid statement which would be sent by CDAO Pune on their email ids.

RDOA has filed RTI to know

1. How many serving officers have been paid in the rank of Capt to Brig.

2. How have the calculations been done. Provide details for worked out amount for each rank from Capt to Brig.

Solicitor General who argued the case for the UOI Mr Nariman has since resigned.

More info as and when known!!

Again by the kind courtesy of RDOA 

reference http://rdoaindia.blogspot.in/

4 comments:

  1. Ex Servicemen; the pension would be based on 50% of the minimum of the pay in the pay band as per rank held on 1/1/2006 plus grade pay plus MSP. For example for Lt Col the revised pension would be 50% of (42120+8700+6000) = 28410. Diff (28410-25700=2710) and 72 % DA thereon wef 01 July 2012. A table showing the revised pension is given from the rank of Capt to Brig.


    Rank
    Existing Pension as on 1/1/2006
    Revised Pension as on 1/1/2006
    Diff in

    Pension
    Family

    Pension


    50% of Min of pay band +GP+MSP
    50% of Min of pay in pay band as per rank +GP+MSP

    60% of Revised

    pension

    Captain
    15600+6100+6000=13850
    19350+6600+6000=15975
    2125
    9585

    Major
    15600+6600+6000=14100
    26650+7600+6000=20125
    6025
    12075

    Lt Colonel
    37400+8000+6000=25700
    42120+8700+6000=28410
    2710
    17046




    Colonel
    37400+8700+6000=26050
    46050+8900+6000=30475
    4425
    18285

    Brigadier
    37400+8900+6000=26150
    48870+10000+6000=32435
    6285
    19461

    Note: The figures quoted are the ones which will change when the HSC order of 04 Sept 2012 is implemented in toto. As of date changes have been made as recommended by Committee of Secys of the MoD letter applicable from 24 Sept 2012 the arrears of which will be paid by PDAs hopefully in Apr 2013.

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  2. RESPECTED PM SIR
    1; UPA II HAS BEEN UNKIND & UNCONCERNED TO ARMED FORCES. THE CASE WAS UNDULY DENIED BY GOVT. NOW COURT HAS GIVEN DECISION TO PAY WHICH SHOWS GOVT WAS WRONG. THE AMOUNT IS TO BE PAID WEF 24/9/2012 INTEREST WEF 1/1/2013 @ 9%INTEREST

    BUT ACTUALLY IT SHOULD BE PAID WEF 1/1/2006.
    HOPE UPA II WILL PAY WEF 1/1/2006 ELSE IT WILLAMOUNT TO TAKING BREAD FROM MOUTH OFOLD AILING PENSIONERS & WIDOWS. WHICH NO ONE WILL TOLERATE ,EVEN IF U TAKE FOOD

    FROM ANIMAL MOUTH ,THE ANIMAL WILL BITE BACK. THUS IN CASE UPA II WANTS VOTES OF FORCES[MONEY EARNED BY BLOOD] THEN GIVE THEM THEIR DUE WEF 1/1/2006. [ LOOTERS ARE LOOTING CRORES ALMOST WEEKLY IN NEWS] KINDLY PAY THE FOLLOWING ALSO ELSE THE VALUABLE VOTES MAY VANISH

    2]NFU STATUS: ARMY HAS NOT BEEN GIVEN NFU STATUS YET.KINDLY DO AT THE EARLIEST WEF 1/1/2006
    A]. THE BULK OF ARMY OFFICER RETIRES IN Lt COL RANK & BELOW.
    SO IDEALLY THEY SHOULD BE IN SUPER TIME SCALE.
    B]COL [SELECTION GRADE] SHOULD BE ABOVE SUPER TIME SCALE,
    SO IS BRIG, BUT IN REALITY IT IS NOT SO. THEY ARE BEING PAID DEGRADED
    PAY & PENSION
    C]Colonel has been equated with Non-Functional Selection Grade (NFSG). The rank of a
    DIG who was till date between a Lt Colonel and a Colonel is now officially equal to a
    Brigadier. Both are now on a Grade Pay of Rs 8900
    D]IT IS WORTH MENTIONING THAT POLICE HAS GONE ONE RANK UP
    ALREADY DURING COAS MALHOTRA TIME. HE DID HIS BEST TO REVERSE
    POLICE ACTION, BUT COULD NOT DO SO & DID NOT UPGRADE RANK OF HIS FORCES.NOW FURTHER DEGRADATION
    E]WHERE IS REWARD TO COL/BRIG WHO WORKED HARD FOR
    PROMOTION & ORGANISATIONAL GROWTH, ALL THEIR LIFE
    COL/BRIG SHOULD BE PLACED IN HAG SELECTION GRADE
    COL/BRIG IS IN FORE FRONT DURING PEACE/WAR AND
    WITH DIRECT COMMUNICATION WITH MEN.COL/BRIG IS A KING PIN BETWEEN TROOPS & HIGHER UPS.
    3] DA SHOULD NOT BE TAXED: IT IS UNJUSTIFIED TO TAX DA. BY TAXING THE DA, EMPLOYEES ARE DENIED THEIR LEGITIMATE RIGHT TO FIGHT
    INFLATION AS A PIE IS TAKEN AWAY FROM THEIR PLATE BY INCOME TAX.
    IT WAS NOT BEING TAXED FOR SIX DECADES, BUT SMART EX FM PC HAS TAXED THE DA AT HIS OWN WISDOM & NO WHEN RESISTED/CONTESTED.KINDLY DONOT TAX DA.
    4. MERGER OF DA ON ATTAINING DA SLAB OF 50 % IS NOT DONE IN 6 CPC: IT WAS IN 5th CPC, BUT AN OMMISSION HAS TAKEN PLACE & NEEDS CORRECTION. DA IS MOTHER OF ALL ALLOWANCES. AS SERVING PERSONALS OTHER ALLOWANCES HAVE BEEN ENHANCED ON BASIS OF DA AT 50% BY 25% THAN HOW CAN YOU FORGET MERGING DA IN PAY/PENSION AS DP.[BABU FORGOT TO MENTION & CREATED MESS FOR ALL]

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  3. DEAR SIR
    1.OUR GENERALS HAVE RUINED ARMY FOR THEIR PERSONAL GAINS
    2. ARE U SHOCKED .I BELIEVE YES.
    SEE IN ARMY ONLY
    A] EX COAS JJ SINGH: WHEN CASE OF RANK PAY WAS RAKED .HE WAS THE ONE HE PUT HIS FOOT DOWN .SAYING RANK PAY HAS NOT BEEN CLAIMED, SO IT CANNOT BE GIVEN OR WORDS TO THAT EFFECT. SEE LEVEL OF FOOLING HIMSELF & HARMING ARMY TO GET PLUM POSTING OF GUV AFTER RETIREMENT. THE GENERAL MUST BE AWARE THAT PAY IS NEVER CLAIMED . HE HAS PUT EVERYONE IN SPIN FOR HIS PERSONAL RISE. I AM SURE HE TOO MUST HAVE GOT RANK PAY ARREARS BY NOW.A SHAMELESS ACT.
    B] EARLIER THERE WAS ONE IG POLICE IN COMBINED HARYANA+UT+PUNJAB. IN EX COAS MALHOTRA POLICE WENT ONE RANK UP. NEITHER HE UP GRADED ARMY NOR HE PUT HIS FOOT DOWN FOR POLICE. SO IN AID TO CIVIL POWER ARMY OFFICER WENT DOWN IN RANK STRUCTURE.NOW SEE AMOUNT OF DGP+IGP FLOATING IN THESE PLACES
    C] IN 6th CPC GOVT WAS GIVING NFU STATUS TO US.NAVY & AIR FORCE WERE WILLING BUT ARMY DENIED. TO DATE A TIME SCALE IAS/IPS OFFICER GETS PENSION OF Lt Gen. MOREOVER THERE IS COMMAND & CONTROL PROBLEM NOW A CWE IS SENIOR TO MAJ GEN
    D]OUR ACR SYSTEM ALLOWS WRONG ONE TO COME UP. PEN PICTURE HAS NO MEANING WHICH 95% OFFICER MAY NOT KNOW. IT IS NUMERIC RATING WHICH MATTERS . AN EXCELLENT COMMAND WORD IN PEN PICTURE WILL NOT MAKE UP IF AT ONE ODD PLACE 7 REMARKS ARE GIVEN IN QUALITY . ALTHOUGH 7/8 ARE NOT PROPERLY DEMARCATED [ 7 OR 8 HAVE EQUALITY TO FOOL THE RECEIVER]
    E] CORRUPT & GOOD CHAMACHA'S MAKE UP
    F]THERE ARE 2 PAY BANDS FOR OFFICER'S PAY.THERE ARE 2 BAND FOR ACCN .BUT FOR COMFORTS LIKE CANTEEN * OTHERS THERE ARE SO MANY BANDS.
    I] HONY Lt TO COL. CO HAS BEEN CLUBBED WITH HIS JCO'S . WHERE IS STATUS LEVEL FOR BULK OF OFFICER
    II] BRIG ANOTHER BAND
    III]MAJ GEN ANOTHER BAND
    IV] Lt GEN ANOTHER BAND
    V] COAS ANOTHER BAND UNLIMITED LIQOUR. HEIGHT OF GREEDINESS.
    DO NOT YOU SEE A MOCKERY OF SYSTEM WITHIN US. HAVE ONLY TWO BANDS. RED TAPE BELOW & RED TAPE. MORE INTERSETED FOR DATE OF BIRTH ISSUE EX COAS
    G] ALWAYS START CORRECTION FROM HOME ONLY THEN UNITED ACTION AS U DESIRE CAN START.FIRST CLEAN ON MESS
    H] 50% MERGER DA AS ON 1/1/2006. NONE OF CHIEF HAS PUT DOWN FOOT. WHEN SERVING GOT ALL ALLOWNCES ENHANCED WHY NOT MERGER OF DA WAS TAKEN WHICH IS MOTHER OF ALL ALLOWANCES
    K]DUE TO BABUS WRONG ACTIONS OUR PAY/PENSION IS WRONGLY BEEN GIVEN. 13 COURTS INCL SC HAS GIVEN RULING TO PAY SUM OF[ BASIC+GRADE PAY+MSP] WEF FROM 1/1/2006. BUT IT IS LIKELY TO BE PAID FROM WEF 24/9/2012. NO ONE HAS PUT FOOT DOWN & AGAIN WE ARE BACK IN COURT NOW
    2. CHANGE IS IN NOT FAR WAY . DEMOCRACY HAS TO GO AS IT IS ALMOST FAILED & CORRUPTION IS ON ON IT'S PEAK. ARISTOTLE THEORY OF GOVT CHANGE WILL TAKE INTO EFFECT

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  4. PAY COMMISSION "Armed Force pay parity : Meeting on 14th JuneKINDLY PUT STRESS ON THESE POINTS
    1. RANK PAY CASE AS TAKEN UP BY RDOA
    2.[BABU'S FORGOT TO READ CORRECTLY 6tH CPC & CREATED MESS FOR ALL] BABUS'S CREATED MESS FOR READING WRONG "SUM OF PAY BAND " & GAVE MINIMUM OF PAY BAND . NOW 13 COURTS INCLUDING SC HAS DIRECTED TO PAY SUM OF [BASIC PAY+GRADE PAY+MSP], NOW HERE FM HAS TAKEN SMARTLY DATE AS 24 SEP 2012 [THE DAY RECTIFIED REPORT AS PER SC] WHERE AS FM+MOD SHOULD ACCEPT MISTAKE & PAY AS PER 6th CPC REPORT wef 1/1/2006 7 NOT FROM 24 SEP 2012 . NOW WE ARE RUNNING AGAIN IN COURTS FOR IT.3]MERGER OF DA ON ATTAINING DA SLAB OF 50 % .IT HAS NOT BEEN ENFORCED TILL DATE,;IT IS DUTY OF FM TO RECTIFY ANOMALY IN 6t CPC BEFORE IMPLEMENTING IT. BUT FM IS TAKING SHELTER BY SAYING IT CANNOT BE DONE, AS IT HAS NOT BEEN RECOMMENDED IN THE 6thCPC REPORT.IT WAS IN 5th CPC, BUT AN OMISSION HAS TAKEN PLACE IN 6 tH CPC & NEEDS CORRECTION. DA IS MOTHER OF ALL ALLOWANCES. AS SERVING PERSONALS HAVE GOT OTHER ALLOWANCES ENHANCED ON BASIS OF DA AT 50% BY 25% THAN HOW CAN YOU FORGET MERGER DA IN PAY/PENSION AS DP.4]NFU STATUS :
    A.ALL IAS & IPS OFFICER RETIRE IN SUPER TIME SCALE, BUT IN ARMY COL[SELECTION]& BRIG RETIRE IN MUCH LOWER SCALE AND HAVE BEEN DENIED THEIR BASIC FUNDAMENTAL RIGHT OF EQUALITY[ IN SPITE OF DIFFICULT WORKING CONDITION IN FAR REMOTE ]
    B]COL [SELECTION GRADE] SHOULD BE ABOVE SUPER TIME SCALE, SO IS FOR BRIG, BUT IN REALITY IT IS NOT SO. THEY ARE BEING UNDER PAID & DEGRADED PAY & PENSION WITH CLASS IN OFFICER IN CIVIL
    C.TO ADD FURTHER TO IT A DIG WHO WAS ONE TIME JUNIOR TO Lt COL HAS BEEN MOVED TO BRIG PAY BAND AND COL HAS BECOME JUNIOR TO HIM.DIG RANK [TIME SCALE] IS ACHIEVED IN 14 YEARS, WHERE AS LT COL [TIME SCALE] 11 YEARS % COL [TIME SCALE]IS IN 26 YEARS. WHAT AN INJUSTICE TO COL &WHAT A JOKE WITH COL [TS] & GOD SAVE FATE OF COL[SELECTION]Colonel has been equated with Non-Functional Selection Grade (NFSG] WHERE AS HE SHOULD BE IN HAG SCALE & SC DIRECTED GOVT TO REVISE PAY/PENSION OF COL/BRIG BUT NI ACTION.D] A DANGEROUS SITUATION FOR ARMY.BULK OF ARMY OFFICER RETIRES IN COL & BELOW RANK. FOR JUST RS 777/ WHY SLOG FOR LIFE & RISK LIFE.E]A BIRTH TO COWARD ARMY WILL COME TO LIGHT IF THIS SITUATION PREVAIL]5]SUBSEQUENT PAY COMMISSION FIXES PENSION AT MINIMUM PENSION IN THE PAY BAND RATHER THAN THE CORRESPONDING PAY BAND/SCALE FROM WHICH THE RETIREE HAS RETIRED.
    THERE IS TREMENDOUS LOSS TO PENSIONER & LARGE CHUNK OF MONEY GOES TO THE GOVERNMENT. THE BASIC PRINCIPAL OF EQUALITY IS VIOLATED & PENSIONER IS DENIED HIS BASIC RIGHT OF FULL PENSION WHICH GOVERNMENT HAS SANCTIONED AT TIME OF RETIREMENT. IT IS AGAINST LAW OF LAND.IT HAS CASCADING EFFECT
    A] HENCE THE GRADE PAY IS GIVEN AT LOWER RATE,BECAUSE PENSION IS GIVEN AT A LOWER RATE.
    B]DR/DA IS REDUCED; Once basic pension is lowered, THE DA IS ALSO GIVEN LESS YEAR BY YEAR AS DA IS CORRESPONDING TO LOWER PENSION FIXED.
    WITH WARM REGARDS

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