Sunday, 3 August 2014
Monday, 28 July 2014
Centre committed to implement 'one rank, one pension' scheme: V K Singh
Monday, 28 July 2014 - 7:34am IST | Place: Mumbai | Agency: PTI
The BJP-led government at the Centre is committed to implement the 'one rank, one pension' scheme for ex-servicemen, Minister of State for External Affairs General V K Singh said on Sunday.
Singh, who is also the Minister of State for North East Region, said the Finance Minister has assured him that there would be no dearth of capital for the scheme.
The former Army Chief was in Mumbai to attend a programme to mark the '15th Kargil Vijay Diwas' at the state BJP office here.
"We had announced the one rank-one pension scheme in our manifesto and the central government will ensure its implementation at the earliest," he added.
Saturday, 26 July 2014
One rank, one pension: A betrayal in the offing
Lt Gen Harwant Singh (retd), Hindustan Times Chandigarh, July 25, 2014
The hope of “achhe din” is fast fading for the defence fraternity. The babudom has once more flummoxed the political executive. The very essence of “one rank, one pension (OROP)” is being reinterpreted to the soldier’s great disadvantage. OROP is not largesse for a hard and risk-filled life but merely part compensation for very early and compulsory retirement, and extremely limited avenues indeed for career advancement.
As opposed to this, not only the civilian counterparts have abundant posts in higher appointments but also they retire at a ripe old age with considerable scope for re-employment.
Further, non-functional upgradation (NFU) granted by the babus to themselves is an outright plunder of the exchequer and is to the complete exclusion of the defence services.
The struggle for OROP goes more than a quarter century back. Though successive governments have held out the promise of implementing it, each in turn, under various excuses, has retracted from its commitments. Taking advantage of politicians’ naivety of matters military and disinclination to understand the underlying rationale for the OROP demand, the bureaucracy has been frightening them of a trumped up vision of a cascading effect on the civil services. Obviously, the finance minister does not seem to know what it means to be retired at 35 or so and then left in the sun to dry.
THE COMPARISON
The life expectancy of a grade-four civil employee is around 72 years, whereas in the case of a soldier, it is 62 years, notwithstanding the fact that a soldier is physically fit when he retires.
Then what shortens his life span? He is packed off on a meagre pension (due to his short period of service and, thus, not getting to the top of his pay band) when his family commitments just about start.
In monetary terms and at the existing pay scales and without taking into account the likely increases that the next three pay commissions may bring about, a soldier retiring today would, at his present scale of pension, get about Rs. 37 lakh less than a Class-4 employee of the central government when both reach 60, the age at which the class-4 employee retires. One wonders if the finance minister, given his legal background, is able to weigh the evidence on record adequately.
India is perhaps the only democracy where veterans had to resort to hunger strike and deposit medals to make a series of uncaring governments see the injustice being meted out to them. Yet there has been no positive outcome and the defence fraternity continues to suffer at the hands of callous and uncaring governments.
DEFINITION BEING REINTERPRETED
The very definition of OROP, earlier accepted by defence minister AK Antony, others, and parliamentary committee headed by Bhagat Singh Koshiyari is being reinterpreted by the babus in the ministry of defence, to the great disadvantage of defence retirees. Simply defined, OROP 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 passed on automatically to past pensioners. This implies bridging the gap between the rate of pensions of the current and the past pensioners.
A different range of figures to meet the requirement of OROP are being projected by the babus to scare the finance minister. Whatever be these figures, it is more an issue of justice and fair play.
This injustice to soldiers was taken in hand soon after independence and has been unrelenting in content and scope since then.
Of course, the governments have been following the policy of divide and rule. When the new pay code was introduced, it excluded the Kings Commissioned Officers, (KCIOs) because they were occupying the top echelons of the army and could protest. Later the service chiefs have been excluded from the fall in status, pay and allowances to which the rank and file has been subjected in a sustained and unremitting manner.
Perhaps the finance minister is not alive to the fact that the babus are leading him into a situation where he would diminish the credibility of his own prime minister, who had committed to the grant of OROP, as known.
Friday, 25 July 2014
RANK PAY CASE - ISSUE OF CORRIGENDUM IN LINE WITH ADVICE RENDERED BY ATTORNEY GENERAL OF INDIA
Here is the true typed copy of Rank
Pay letter dated 24 Jul 14 – second instalment in compliance with the opinion
dated 03 Sep 13 of the Attorney General for India – has been issued.
Two more issues remain - minimum of
pay for each rank and the top of the integrated pay scale for consideration of
the Hon'ble Supreme Court.
34(10/2013/D
(Pay/Services)
Government
of India
Ministry
of Defence
New Delhi, Dated the 24th
July 2014
To,
The
Chief of the Army Staff
The
Chief of the Naval Staff
The
Chief of the Air Staff
CORRIGENDUM
Sub: Implementation of Hon’ble
Supreme Court Order dt 4th September, 2012 in IA No. 9 of 2010 in
Transfer Petition (C) No. 56 of 2007 Union of India and Others versus N. K.
Nair & others, etc
Sir,
I am directed to refer to this
Ministry Order No. 34 (6)/2012-D(Pay/Services) dt 27th December 2012
regarding implementation of subject Order of the Hon’ble Supreme Court and to
state that as per legal opinion tendered by the Learned Attorney General of
India, the sanction of the Government is hereby accorded to modify the
provisions of this Ministry’s ibid order as under:
(i) The
existing para 6 will be renumbered 6 (A) and would stand revised as under:
In
the twelfth line after the word ‘(integrated scale),’ the words “as on
1.1.1986” will be substituted by “w.e.f. 1.1.1986.”
(ii) A
new para 6 (B) will be added as follows:
6(B) Sanction of the Government is hereby also
communicated to modify certain provisions of Special Army Instructions No.
2/S/1998 dated 19th December 1997 and the corresponding Special
Instructions pertaining to Navy and Air Force both bearing Nos. 2/S/1998 dated
19th December 1997, in so far as they relate to deduction of Rank
Pay for fixation of revised pay of the concerned officers of Army, Navy and Air
Force in the revised scale w.e.f. 01.10.1996. The modifications/amendments in
SAI 2/S/1998 and corresponding instructions for Air Force and Navy are as
under:
(a) The
existing para 5(a)(ii) would read as under:
(ii) After the existing emoluments have been so
increased, there shall be no deduction of Rank Pay. Thereafter, the officer’s
pay will be fixed in the revised scale at the stage next above the amount thus
computed
(iii) A new para 6(C) will also be added in ibid
MoD letter as follows:
6(C) The pay fixation formula w.e.f. 1.1.2006 as laid
down in SAI 2/S/2008 and the corresponding Special Instructions applicable to
the Air Force and Navy has also been examined in light of the legal opinion
tendered by the Learned Attorney General. In the methodology of pay fixation of
revised pay w.e.f. 1.1.2006, Rank Pay has not been deducted and has been taken
into account along with Basic Pay in the pre-revised scale to arrive at the
new, revised pay in the relevant pay band w.e.f. 1.1.2006 whereupon Grade Pay
has also been given and an additional component of Military Service Pay (MSP)
at Rs 6000 p.m. is also admissible to the Armed Forces upto the rank of
Brigadier/eq. As such, the pay fixation formula w.e.f. 1.1.2006 for the
relevant officers of the Armed Forces as laid down in the relevant instructions
does not require any change.
(iv) Existing Para 7 will be replaced with the
following:
7. Except to the extent of modifications as
stated in MoD letter No. 34(6)/2012-D (Pay/Services) dated 27.12.2012 and as
amended vide this letter, the aforesaid Army Instructions 1/S/87 dated
26.05.1987 and corresponding Navy and Air Force Instructions both bearing No
1/S/87 dated 11.06.1987 and 26.05.1987 respectively as amended from time to
time and Special Army Instructions No. 2/S/98 of 19.12.1997 and the
corresponding Special Instructions in case of Navy and Air Force both bearing
No. 2/S/98 dated 19.12.1997 as amended from time to time, there shall be no
change in the provisions of the aforesaid Special Army, Navy and Air Force
Instructions of 1987 and 1997 pertaining to the implementation of the
recommendations of the 4th and 5th Central Pay
Commission.
(v) Existing para 8 will be replaced with the
following:
8.
As the aforesaid Order of the Hon’ble Supreme Court passed on 04.09.2012 read
with their earlier order dated 08.03.2010 has upheld the order of the Hon’ble
Kerala High Court passed on 05.10.1998 in case of Major A K Dhanapalan and as
the said order of the Hon’ble Kerala High Court dated 05.10.1998 is for
re-fixation of pay without deduction of Rank Pay w.e.f. 1.1.1986, and as this
sanction is in compliance with these judicial pronouncements and the legal
opinion of the Learned Attorney General on this issue, it is clarified that
there shall be no change in respect of Special Army Instructions of Army, Navy
and Air Force issued on 11.10.2008 (Army) and 18.10.2008 (Navy and Air Force)
for implementation of the recommendations of the 6th Central Pay
Commission, except to the extent of the need for the fixation of pay w.e.f.
01.01.2006 necessitated due to the fixation of pay w.e.f. 01.01.1986 and
01.01.1996 in terms of these orders.
(vi) All other provisions of the MoD letter No.
34(6)/2012-D(Pay/Services) dated 27.12.2012 remain unchanged.
2. This issues with the concurrence of
Ministry of Defence (Finance) vide their UO No. 1(76)/2013-AG/PA (310-PA) dated
23.07.2014 and Ministry of Finance (Department of Expenditure vide their UO No.
94466/E.III (A)/2014 dated 09.07.2014
Yours
faithfully,
Sd/-------------
(P.S.
Walia
Under
Secretary to the Government of India
Copy to:
List of addressees omitted
Monday, 21 July 2014
Welfare Schemes for Retired Armed Forces Personnel
GOVERNMENT OF INDIA
MINISTRY OF DEFENCE
RAJYA SABHA
QUESTION NO 674
ANSWERED ON 15.07.2014
Welfare Schemes for Retired Armed Forces Personnel
674 DR. T.N. SEEMA
Will the Minister of DEFENCE be pleased to state :-
(a) whether Government has plans to establish old age homes for shelterless single elderly Armed Forces pensioners / veterans in different parts of the country including Kerala;
(b) if so, the details thereof, State / UT-wise;
(c) whether Government is also considering to provide increased family pension or other financial benefits for defence personnel having mentally and physically challenged children; and
(d) if so, the details thereof?
Will the Minister of DEFENCE be pleased to state :-
(a) whether Government has plans to establish old age homes for shelterless single elderly Armed Forces pensioners / veterans in different parts of the country including Kerala;
(b) if so, the details thereof, State / UT-wise;
(c) whether Government is also considering to provide increased family pension or other financial benefits for defence personnel having mentally and physically challenged children; and
(d) if so, the details thereof?
ANSWER
MINISTER OF STATE IN THE MINISTRY OF DEFENCE (RAO INDERJIT SINGH)
(a) & (b): No, Sir. However, Army is establishing two Old Age Homes at Panchkula (Haryana) and Lucknow (Uttar Pradesh) on the concept of 'Pay and Stay'.
(c) & (d): The pensionary entitlements of Armed Forces Pensioners have been upwardly revised with effect from 24th September 2012 vide Government letter dated 17th January 2013 as under:-
Ordinary Family Pension:
(i) The pre-2006 family pensioners of Commissioned Officers have been granted minimum guaranteed family pension at 30% of the minimum pay of the rank in the fitment table.
(ii) The pre-2006 family pensioners of JCOs/ORs have been granted family pension at 30% of minimum pay of the rank in the fitment table or 60% of the service pension whichever is higher.
Special Family Pension:
(i) The pre-2006 family pensioners of Commissioned Officers have been granted minimum guaranteed Special Family Pension at 60% of the minimum pay of the rank in the fitment table.
(ii) The pre-2006 family pensioners of JCOs/ORs have been granted Special Family Pension at 60% of minimum pay of the rank in the fitment table or 120% of the service pension whichever is higher.
Liberalised Family Pension:
(i) The pre-2006 family pensioners of Commissioned Officers have been granted minimum guaranteed Liberalised Family Pension at 100% of the minimum pay of the rank in the fitment table.
(ii) The pre-2006 family pensioners of JCOs/ORs have been granted Liberalised Family Pension at 100% of the minimum pay of the rank in the fitment table or 200% of the service pension whichever is higher.
Pension for Physically / Mentally challenged Children: The physically / mentally challenged son / daughter of Armed Forces Pensioners are now eligible for Ordinary Family Pension even after marriage.
Sunday, 20 July 2014
URGENT REVIEW OF IMPORTANT MATTERS INVOLVING THOUSANDS OF EX-SERVICEMEN PENDING BEFORE THE HON'BLE SUPREME COURT
GP. CAPT. KARAN SINGH BHATI
B.A. (Hons), LL.B. (Gold Medalist), M. Sc., LL.M.
Advocate Supreme Court of India
Former Vice-President of Supreme Court Advocates-on-Record Association
National CO-Convener, SAINIK Cell
BHARTIYA JANATA PARTY
Dear Sir,
1. I am attaching a brief regarding three important cases affecting a large number of retired and serving armed forces personnel pending before the Hon'ble Supreme Court which need to be reviewed immediately. One of the cases is coming up for hearing on 25.07.2014 and it is necessary to address this case immediately.
2. There are several other matters, most of them appeals filed by UPA government, which would also need to be reviewed in due course.
[GP CAPT KARAN SINGH BHATI]
Advocate
Office : 18, Todar Mal Road, Bengali Market, New Delhi-110001
Chamber : 005, Supreme Court, Lawyer’s Chambers, CK Daphtary Block, Tilak Lane, Supreme Court of India, New Delhi-110001
Phones : (O) 011-23711238, 011-23388669; (Mob) 98111168948 & 9350887879
Fax : 01141525860
E-mail : bhatiassociates@gmail.com
URGENT REVIEW OF IMPORTANT MATTERS INVOLVING THOUSANDS OF EX-SERVICEMEN PENDING BEFORE THE HON'BLE SUPREME COURT
1) We are aware of various pronouncements made by the Hon’ble Prime Minister in the run of 2014 Election and inclusion of the same in the BJP Election Manifesto. The declaration regarding implementation of "One Rank One Pension" and setting aside budgetary allotment for the same has gone very well with the Ex-Servicemen, their families and well wishers and the serving personnel of Armed Forces.
2) We are also aware that the UPA Government has been completely ignoring the various genuine issues raised by Ex-Servicemen Organizations and Service Headquarters for a longtime so much so, a large number of litigation on these issues is pending despite favourable court orders in favour of Ex-Servicemen because the UPA Govt. filed appeals in almost all cases in a routine manner. To ensure the goodwill generated by the change of government, the following important matters having effect on thousands of serving and retired service personnel need to be looked into:
a) RANK PAY CASE: Rank Pay for officers of the rank of Captain to Brigadier and equivalents was introduced with the acceptance of recommendations of IV Pay Commission w.e.f. 01.01.1986. However, while implementing the same, the government messed up the issue and deducted the amount of rank pay from the pay fixed pursuant to the acceptance of pay commission recommendations. One Major A.K. Dhanapalan fought single handedly the battle against the wrong implementation and succeeded in Writ Petition as well as Writ Appeal before the Hon'ble High Court of Kerala and the SLP of Union of India was dismissed by the Hon'ble Supreme Court on 12.07.2005. However, the government implemented the court orders only in respect of the said officer, resulting into a large scale commotion amongst the ex-servicemen leading to thousands of representation and hundreds of writ petition. The writ petitions were transferred to the Hon'ble Supreme Court in accordance with T.P. (C) No.56 of 2007 filed by Union of India. The issue of rank pay was decided by the Hon'ble Supreme Court on 08.03.2010 in favour of Ex-Servicemen. The government instead of implementing the same filed an application I.A. No.9 of 2010 seeking directions for modification/ directions and recall of order dated 08.03.2010. This was dismissed by the Hon'ble Supreme Court on 04.09.2012. While issuing the implementation order on 27.12.2012, once again serious lapses were left out and even though a part payment has been made to thousands of ex-servicemen, due to non-implementation of Supreme Court order dated 04.09.2012 by the government, a Contempt Petition No.328 of 2013 in I.A. No.9 of 2010 in T.P. (C) No.56 of 2007 was filed by the affected persons and ex-servicemen associations, wherein the Hon'ble Supreme Court issued notices on 19.11.2013. It is important to mention that despite clear opinion of learned Attorney General sought by UPA government, the order remains unimplemented in letter and spirit. As per internet information, the matter is coming up on 25.07.2014 and it will be appropriate that government law officer including learned Attorney General for India are directed to assure the Hon’ble Court that the order dated 04.09.2012 will be implemented in letter and spirit and the lapses brought out in the contempt petition will be addressed.
b) BROAD-BANDING OF DISABILITY:
i). The various benches including the Principal Bench of the Armed Forces Tribunal have already held that the benefit of broad-banding of disability has to be given to all service personnel whether they superannuated from service or boarded out on account of disability. Civil Appeal No. D 874/2012 in respect of the matter Union of India & Anr. Versus Lt. Gen. Vijay Oberoi (the former Vice Chief of Army Staff) alongwith hundreds of matters affecting thousands of retired service personnel is pending.
ii). The issue remained a controversial point of litigation between disabled soldiers and the Govt. However, it was conclusively settled by the SC in Civil Appeal No 5591/2006 Capt KJS Buttar Vs Union of India decided on 31 March 2011. The Review Petition filed in the SC (Review Petition No 2688/2013) in the same case was also dismissed recently on 21 January 2014 on merits. In light of the above, it makes no sense with continuing massive litigation on the same point and all bunch/tagged appeals filed by the MoD against disabled and war disabled soldiers on this aspect need to be withdrawn in view of the decision of the SC in the above case.
iii). Prior to 2006, pre-mature voluntary retirees were not entitled to disability pension. In 2009, the Govt issued a letter entitling post-2006 voluntary retirees to disability pension but denying the same to pre-2006 retirees. The Govt even got a favourable ruling from the SC when it did not inform the Court about the issuance of the ibid letter in the year 2009. However, the said cut-off date of pre/post-2006 was later struck down and the striking down upheld by the SC thereby entitling all voluntarily retired disabled officers (pre/post-2006) for the grant of disability pension w.e.f. 01 Jan 2006. However, despite the well settled legal position, the MoD is still filing appeals in the SC against pre-2006 voluntarily retired officers who have been granted disability pension. The latest decisions of the SC in this regard, which are being ignored by the PS Directorate and the DESW, are Civil Appeal No 9827/2011 UOI Vs Gp Capt JK Kaushik decided on 03 July 2013 and Civil Appeal D No 31811/2013 UOI Vs Ex-Capt Rajesh Kumar Bhardawaj decided on 24 March 2014.
iv). In view of the foregoing, this matter which is pending for final disposal to be listed on non-miscellaneous day before the Hon'ble Supreme Court also needs to be reviewed and necessary instructions to the government law officers in the Hon'ble Supreme Court be issued.
c) LAPSES WITH REGARD TO IMPLEMENTATION OF VI PAY COMMISSION WHILE FIXING MINIMUM PAY IN THE PAY BAND IN RESPECT OF OFFICERS UPTO THE RANK OF BRIGADIER AND EQUIVALENTS: The Principal Bench of AFT and others benches have held that the fixation of pension of retired Armed Forces Officers was wrongly interpreted and implemented. The government itself has realized the mistake and implemented the same vide order dated 17.01.2013 but the same has been made effective w.e.f. 24.09.2012 instead of 01.01.2006 on which date the VI Pay Commission was given effect. This is contrary to the settled law by the Hon'ble Supreme Court regarding the cut-off date and even the merits of the case so warrant. In this connection, there is a urgent need to review Civil Appeal Nos.8875-76/2001 and numerous other connected matters pending before the Hon'ble Supreme Court awaiting final disposal.
[GP CAPT KARAN SINGH BHATI]
Advocate
Cdr Ravindra Waman Pathak I.N. (Retd)
Member Governing Body and Pension Cell
Indian Ex Servicemen Movement
1 Surashri,1146 Lakaki Road
Shivajinagar
Shivajinagar
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