Wednesday, June 10, 2009

SCPC: Disability Pension brutally mauled and impaired by Brig AS Kahlon

Dear Sir,

1. As stated by the President in Lok Sabha today,the Cab Secy is heading the committee to resolve disparities in pension of Armed Forces personals. quote "The welfare of ex-servicemen will continue to be accorded high priority. The Committee headed by the Cabinet Secretary, to look into the issue of One Rank One Pension has already commenced its work and expects to complete it by the end of June 2009" unquote.
2. The case of disparity in "Disability Pension", a baffling anomaly created recently in May 09, must also be addressed by this committee. The details are given below.
3. We request you to project this issue to the Cabinet & have this anomaly removed through the committee headed by Cabinet Secretary.
4. This Petition may also be brought to notice of all Ministers concerned with this issue.
With Regards,
Brig AS Kahlon

1. Vide 6 CPC recommendations, approved by the GOI Resolution No 305 dated 29 August 2008 in so far as it relates to Disability Pension (DP) for Armed Forces personals the following needs to be noted.
a) Prior to 6 CPC the Armed Forces personal were getting a fixed rate DP of Rs 1550 to Rs 2600 per month, depending on the rank held. Refer para 5.1.66 of 6 CPC Report.
b) The DP for civilian has been granted at 30% of pay all along 6 CPC Report para 5.1.21 (ii) refers.
c) Demand made to 6 CPC for revision of rates of DP for Armed Force personal to percentage basis (30 % of pay) as applicable to civilians is at para 5.1.67 of 6 CPC Report.
d) The 6 CPC, after carrying out due analysis, accepted the demand and recommended that DP for Defense Forces personal be paid @ 30% of pay, similar to as applicable for civilians. 6 CPC report para 5.1.68 refers.
2. Revisions of rates of DP for Defense Forces Personal from fixed to percentage basis @ 30% of pay (as recommended by 6 CPC) was approved by GOI vide Resolution dated 29 August 2008.

Why are only Disabled Personals of Armed Forces being Targetted by NOT giving them DP on %age basis as is being given to ALL Similarly placed Civilians Retirees of ALL VINTAGE.

1. In the notification No 16 (6)/ 2008(2)/D Pension and policy dated 5th May 2009 for Post 01-01-2006 retirees the rates of Disability Pension( DP) have been changed from fixed to 30% of pay as approved by GOI resolution.
2. However in the notification No dated 16/ 06/ 2008(1)/D Pension and Policy dated 4th May 2009 for Pre 2006 retirees the DP rates have not been changed to 30% of pay but revised to fixed rates of Rs 3100 to Rs 5980 pm in total contradiction to 6 CPC recommendations approved by the Cabinet.
3. There is absolutely NO rationale or logic for going against what has been approved by the Cabinet and arbitrarily adopting fixed rates of DP for Pre 2006 retirees of Armed Forces only.
4. following points need to be considered:
a) Keeping in view that ALL CIVILIANS were getting DP @ 30 % of pay the 6 CPC had rightly recommended the SAME (as against fixed DP) to be made applicable to defense personal to remove injustice being done to them vis a vis civilians for the past so many years.
b) In case of Civilians there is no distinction between pre 2006 or post 2006 retirees. ALL were & are getting DP on percentage basis @ 30 % of pay. In good faith this should be applied to ALL Defense pensioners as well, as was recommended by 6 CPC.
c) The 6 CPC Recommendations and its Cabinet approval do not mention anywhere that the revised rates of DP on percentage basis will not be applicable to Pre 2006 retirees of the Armed Forces.
d) This notification divides the single homogeneous class of Armed Forces pensioners into two groups, subjecting them to different treatment, by arbitrarily fixing different rates of DP for each class.
5. The spirit behind the 6 CPC recommendation which was to mitigate the injustice meted out to Armed Forces personal in the past by giving them DP at fixed rates vis a vis civilians who were getting much higher DP on percentage basis (30 % of pay) the CPC had recommended the same rate as applicable for civilians. This was to bring about equality amongst all classes of physically challenged government servants.
6. Therefore there is absolutely no justification in targeting pre 2006 physically challenged retirees of Armed forces only by not giving them DP on percentage basis as are being given to all others, across the board.
7. In View of above it is requested that MOD (ESW Dept) Notification No 16(6)/2008(1)/ D (Pension Policy) Dated 4th May 2009 on Disability Pension for Pre 2006 be cancelled.
8. Also it must be investigated as to who is responsible for targetting these phsically challanged/ war wounded personals of Armed Forces & why has a GOI Resolution, approved by the Cabinet, not been implemented in letter & spirit as intented.
9. It appears to be a deliberate mischief to add another anomaly to host of them already existing & to further compound the existing confusion over 6CPC anomallies related to Armed Forces.
10.Please read the Article given below to further confirm this. JAI HIND.

Ironic ‘Rationalisation’
Ironically, the orders of revision of disability pension and other casualty pensionary awards issued on 04 May 2009 for Armed Forces have been ostensibly promulgated to ‘rationalise’ the said pension structure of pre-2006 retirees. But the same, to put it mildly, are baffling. Firstly, it is not understood as to why pre-06 pensioners have not been put on the percentage system recommended by the 6th CPC as has been accepted for post-06 pensioners. While recommending the new system of calculation (as was in force earlier for civilians), the 6th CPC had nowhere stated that it shall only be applicable to post-06 pensioners. The emerging disconnect cannot be ignored. For instance, a General who retires on 31 Dec 2005 with 100% disability is now entitled to a fixed amount of Rs 5880 as disability element while an officer of the same rank with the same disability for the same injury or disease who retires a day later on 01 Jan 2006 is entitled to a disability element of Rs 27000. While the disability remains the same, is the suffering of a pre-06 retiree lesser than that of a post-06 one ?. And in addition to disability element, officers are entitled to service element (service pension) in the area of which, as it is, there is great gap between pre and post-2006 pensioners thereby ultimately resulting in creation a huge space between the total package of disability pensioners. Perhaps the committee under the Cabinet Secretary looking into bridging the gap between pre and post-06 pensioners would take a note of this ‘rationalisation’.

Some varying examples of disability element rates for pre and post-2006 pensioners:

Disability element of a pre-01-01-06 freshly commissioned Lieutenant who got disabled: Rs 5880

Disability element of a post-01-01-06 freshly commissioned Lieutenant who gets disabled: Rs 8100

Disability element of a pre-01-01-06 freshly promoted Lt Col who got disabled: Rs 5880

Disability element of a post-01-01-06 freshly promoted Lt Col who gets disabled: Rs 15759

Disability element of a pre-01-01-06 Colonel who was at the end of scale at the time of retirement: Rs 5880

Disability element of a post-01-01-06 Colonel who is at the end of scale at the time of retirement: Rs 24510

Disability element of a pre-01-01-06 General: Rs 5880

Disability element of a post-01-01-06 General: Rs 27000

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