Monday, March 22, 2010

Press Conference held on 16 Mar 2010 at Dehradun by DESL President Veteran Brig K.G.Behl

DON VALLEY ACTIVITIES: Press Conference held on 16 Mar 2010 at Dehradun by DESL President Veteran Brig K.G.Behl to clarify certain queries on latest Govt. orders and counter wrong statements made in the press by certain elements.

Lt Col B M Thapa, Veteran
Gen Secy, Dehradun Ex- Services League

Press Release
Dear friends of the Media,
A number of media friends and Defence Colleagues rang up to enquire as to what actually are the implications of the latest Govt. orders as some papers published as one rank one pension demand has been met or Govt. accepts Defence demands etc. There headings aroused wrong repercussions and created false hopes. This why I have taken this step to clarify matters as far as we know.
'One Rank One Pension' implies that uniform pension be paid to Armed Forces personnel retiring in the same rank with the same length of service, irrespective of their date of retirement and any future enhancement in the rates of pension be automatically passed on to the past pensioners.
But even after implying the latest orders a soldier with 17 years of service who retired before 2006 gets Rs.5465. A soldier who retired after January 2006 gets Rs.7045. per month. Why this discrepancy and discrimination when both attained the same rank and rendered same length of service.
Effectively then, an army havildar, who retired earlier, gets less pension than what a soldier retiring after January 2006 gets, though the havildar enjoys a higher rank. The mismatch applies to all ranks.
Military Service is the only Service wherein a Jawan is bundled out at the young age of 35, when he has a wife, two small children, unmarried sisters & parents to be taken care of and needs a secure job most. Not providing a suitable alternative employment by the STATE is absolutely callous. A young man who joins Govt. service in civil as a LDC or a Police constable; serves comfortably till the age of 60 years and retires in a much higher position with a good amount as pension without facing the hassles of field life on borders which a jawan goes through.
Most civilians who retire at 60, live to see only one Pay Commission after retirement, barring a few, but a Sepoy would live to see nothing less than four Pay Commissions after retirement and every time his pay goes less in comparison with persons with equal rank and service, who call him his senior.
'ONE RANK, ONE PENSION' is equally applicable to Officers, as bulk (85%) retire in the rank of now Colonels but earlier Majors/Lt Col, at the age of 50 and mow 54 years; thus losing out on pay for a number if years & enhanced pension benefits when those are required most.
It is the older pensioners of the Army, Navy A Air Force who are the worst sufferers. It is not only the serving soldier that the STATE is duty bound to take care of, but also the Veterans who have sacrificed their youth in service of the Nation with no other thought but, DUTY, HONOUR and COUNTRY and even now inspire the youngsters to fight for the Country and better their records.
The Parliamentary Standing Committee on Defence, comprising 44 eminent Members of Parliament, had in their Report to Lok Sabha on 19 Aug 2003, strongly recommended the grant of ONE RANK ONE PENSION (OROP) to Ex-Servicemen. Para 99 of the said Report is reproduced below;
"The Committee has been recommending grant of 'ONE RANK ONE PENSION' to the armed forces personnel time and again. The Committee observes that successive Governments and Pay Commissions have made improvements in the pension structure keeping in view the cost of living index. This has accentuated the disparity of pensionary benefits between pensioners of the same rank. The older pensioners who have become infirm in ability and capability and burdened with a larger social obligation receive pension calculated at the rate of pay at the time of their retirement in 1950s or 1960s or 1970s, which is quite paltry and the Dearness Relief quite inconsequential in today's context of inflation and shrinking purchasing value of money. The nation must repay its debt to those Defendents of the motherland with gratitude and humility.
You would thus appreciate that One Rank One Pension is a must for the Defence Forces and should be granted to them at the earliest to meet their genuine demand.
No one likes to take extreme steps like parting with their hard earned Medals or signs letter in blood unless circumstances force one to do so. Govt. should realise this aspect and take prompt action to solve the problem rather than allowing it to escalate further and force all to do what is happening in Delhi. Latest MOD INSTRUCTIONS deal with PBOR only.
Analysis MOD Instructions 08 Mar 2010
3. The MOD has issued Instructions for implementation of the CS Committee Recommendations and Govt decision thereon under MOD letter 08 Mar 2010 and PCDA(P) Important Circular dt. 10 Mar 2010 along with 123 Tables for compliance by the PDAs for smooth implementation within period of two to three months in respect of PBORs.
4. The aforesaid Instructions do not apply to the following categories of PBORs pensioners-Pre 2006 era.
(a) Havildar granted Hony Nb/Sub rank and Subedar/Sub Major granted Hony rank of LieutV Captain. The notional pay fixation 1.1.2006 does not apply. (Para 5.1 MOD)
(b) Revision of pay scales as notional pay as on 1.1.2006 corresponding revised pay scales notified under SAI 2/S/2008 do not apply to family pensioners. The existing pension @ 30% scale of the last pay drawn / admitted in the PPO shall be consolidated with fitment scale 40% applicable for pre 1.1.2006 pensioners under the MOD letter 11.11.2008.
(c) This would imply that the Gde Pay and MSP authorized to the post 1.1.2006 retirees / pensioners would not be applicable. This provision is NOT in accordance with the Vlth CPC recommendation- Highlights page 3, Chap 2 & 5 of the CPC Report and the Govt decision thereon notified in the Gazette Notification 29 -30 Aug 2008 - Para 3.. It amounts to giving no benefits to Family Pensioners.
(d) Arrears due on revision shall be admissible from 1.7.2009 only for the living pensioners and as LTA to the next of kin of the deceased pensioner (pre 2006 era) in case of death after 1.9.2009 and date of issue of MOD letter 10.3.2010. (Para 9 &1 Oof MOD)
5. An illustrative Table for revision of pension PBORs (as notified by the MOD 08.10.2009 ) at a glance is being compiled on the lines of Table issued with DESL News- letter No. 10 issued in May 2009 to assist the pensioners to assess the correctness of the revised scale admitted by the PDAs.
6. It is evident that the scales notified suffer from various anomalies and are misleading with discrepancies of non admission of Gde pay and not computing of last pay with multiple factor 1.86 to arrive at minimum pay scale applicable. The term minimum of pay band does not exist in the Govt Notification Part 1 Sec 1-Para IV. The CCS (Revised Pay )Rules 2008 - Rule 7 further clarify if consolidation of pre-revised pay with multiple factor 1.86 is more than the minimum scale in the pay band the question of resorting to minimum scale of Pay Band does not apply.
7. The above is illustrated hereunder;
(a) A JCO with reckonable emoluments Rs.9320 (Pay scale 6600-170-9320) admitted in the PPO, with multiple factor :.1.86 works out as Rs. 17410 +CP as the earned wages for pension under the rules, whereas minimum pay in the Pay Band 2 has been reckoned Rs.9300 in para 5 of MOD letter 11.11.2008 and Annex III appended thereto. The minimum of extant pay scale Rs.6600 with multiple factor 1.86 works out as 12276 and speak for irrational reckoning of Rs.9300 as minimum pay reckoned in para 5 of the MOD letter ibid. The scaling down the earned wages of JCO pension is obvious and patently inconsistent with the law and rules stated above.
(b) The same anomaly exist in pay fixation of Officers rank - Capt & Major can also be illustrated. The reckonable emoluments of Major admitted in PPO Rs.11600 +rank pay 1200 = 12800 with multiple factor of 1.86 work out as Rs.23810 as the earned wages and deemed protected.; whereas the minimum pay of Rs. 15600 - Pay Band 3 has been reckoned in Annex II of MOD letter 11.11.2008. It patently amounts to scaling down the earned wages Rs.23810 to 15600 which is inadmissible in law.
8. The MOD instructions 08.3.2010 have merely equated the pre 1997 pension with post Oct 1997 pension and anomaly for parity in pension for pre and post 1.1.2006 stays untouched. To illustrate pre 2006 sepoy with 17 years service will get basic pension of Rs.5465 per month whereas a Sepoy with same service who retired after 1.1.2006 is getting Rs.7045 per month. This aptly illustrate the Hon'ble Supreme Court Judgment Nakra Case -AIR1983 SC -130 and relied upon by Vth CPC para 127.3 and it reads as follows:-
"Pension is an area where clarity of vision is often obscured by ill considered notions' and the Babucracy at MOD has the hey days in present dispensation.
There were certain anomalies in regrouping PBOR in XY Classification scales and in the Latest MOD Instructions of 08 Mar 2010 they have tried to remove some of the anomalies by which some of them get benefited who were earlier denied that classification. They will get the difference between the two and DA there on.
T.P. (C) No. 56/ 2007
Union of India
Petitioners Versus N.K. Nair & Ors.
5. The matter was heard and finally disposed of by the Hon'ble Supreme court by the Bench of Hon'ble Mr. Justice Markendey Katju & Hon'ble Mr. Justice R.M. Lodha today i.e. 08.03.2010 (Court-7, Item-84). The Apex Court has held that the judgment dated 05.10.1998 of the Hon'ble Single Judge of Kerala High Court in P.P. No. 2448/1996 as confirmed by the Hon'ble Division Bench of the same High Court in W.A. NO. 518/1999 (Appeal) was correct and reasonable and as such the benefit of this judgment be extended to all eligible officers of Armed Forces. The Hon'ble Apex Court awarded 6% interest on the amount due to the officers. The Hon'ble Supreme court disposed of the transfer petition and allowed the writ petitions of the petitioners.
Since the Rank Pay has been deducted from the Basic Pay and all calculations are worked on basic pay it involves refixing of basic pay and working out emoluments on that basis and then working out arrears from 01-01-1986.
All the above data has been worked out by Col. K.L. Dewan, the well known expert on the subject who is with me to explain any doubts. Also with me is Lt. Col. R.P. Jairath and Dr.B.K Nautiyal


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