Monday 30 March 2015

LIFE CERTIFICATE - ALTERNATIVE FOR PHYSICAL ATTENDANCE

Aadhaar based digital life certificate for Pensioners – CPAO instructs Banks to collect Aadhaar details to implement Jeevan Pramaan launched by Prime Minister Mr. Modi recently as an alternative for physical attendance of pensioners for giving life certificate

An OM issued by the Ministry of Finance instructing Banks to update the Aadhaar Number on all pension accounts under the scheme “Jeevan Pramaan”.

PHONES: 26174596, 26174456, 26174438
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF EXPENDITURE
CENTRAL PENSION ACCOUNTING OFFICE
TRIKOOT-11, BHIKAJI CAMA PLACE,
NEW DELHl-110066
CPAOffech/Jeevan Pramaan /2014-15/218-259           20.03.2015

Office Memorandum
Subject:- Aadhaar based Digital Life Certificate (Jeevan Pramaan)
The Hon’ble Prime Minister has launched “Jeevan Aadhaar”(Aadhaar based biometric verification system for pensioner). To make its implementation successful Department of Financial Services has constituted a sub-group comprising of RBI, Indian Bank’s Association (IBA),.. State Bank of India, Punjab National Bank, Bank of Baroda and Canara Bank. Accordingly; ·RBI, IBA and Department of Financial Services have issued necessary guidelines/ instructions to all banks for their convenience. To implement Jeevan Pramaan it is necessary on the part of banks to seed the Aadhaar number with Pension Payment Order and bank account number. To complete this task, all banks have to take special drive to collect the Aadhaar number. of pensioners and make it a part of their master data. 

In the above context Addl. CGA has taken a meeting on 24.12.2014 with the discuss the further strategy for speedy implementation of the system. In the meeting, it was decided that to ensure the genuineness of the pensioner it is necessary to seed the Aadhaar number with PPO and pensioners bank account. Because at present banks are not having pensioners’ data base on their server to link them with the details of PPOs and Aadhaar numbers, they were advised to prepare a database of pensioners account first at the earliest and link them with Aadhaar server. For this purpose, they will call the pensioners to come to bank along with their original Aadhaar card and its photocopy for identification. The designated officer of the bank will identify the pensioner with reference to the PPO and KYC document and seed his pension account with Aadhaar server.

He will keep the photocopy of Aadhaar Card in the pensioners’ folder for record. The bank will apply this strategy immediately with those pensioners whose life certificates are still pending and are interested to opt for digital certification of their life. Thereafter, they may complete this task well before November, 2015, when life certificate becomes dues.

 A column for Aadhaar number has been provided in the format of master data and made available on CPAOs website. All CPPCs are advised to update their master data duly seeded with PPO number & bank account numbers and send the same to CPAO by e-mail at cpaomasterdata@gmail.com at the earliest so that CPAO also updates its master data for validation purpose.

This task must be completed on top priority basis.

                                                                                       (Dr. Dilip Kumar)
                                                                               Controller of Accounts
                                                                               Ph. No. 011-26174809            

Important points in Oral evidence of JCM staff side members before 7th Pay Commission – NFIR presents the brief – Discussion on Wage Ratio, Date of Effect of 7th CPC, Multiplication Factor for revising 7th CPC Pay, HRA, CEA, increment, promotion, HBA, 6cpc anomalies etc were taken up

NFIR
National Federation of Indian Railwaymen
3, CHELMSFORD ROAD, NEW DELHI – 110 055
Affiliated to
Indian National Trade Union Congress (INTUC)
International Transport Workers’ Federation (ITF)
Minimum Wage of Rs.26000/- and Open Ended Pay Scales
JCM DELEGATION PROPOSED BEFORE THE 7TH CENTRAL PAY COMMISSION
During 2 days deliberations on 23rd & 24th March, 2015, the JCM (Staff Side) delegation have pleaded before the 7th Central Pay Commission to recommend minimum wage of Rs. 26,000/- per month on the basis of 15th ILC Norms/Aykroyd Formula. Some of the important submissions made before the Pay Commission are listed below:

    • Wage ratio between the lowest and highest should be 1:8.
    • Revised pay scales and allowances should be given effect from 01/01/2014.
    • 3.7 multiplication factor should be applied to arrive at the revised pay. Special Pay concept should be restored back.
    • HRA should be revised to 60%, 40% and 20% of pay for ‘X’ ‘Y’ and ‘Z’ class localities/cities respectively.
    • Children Education Allowance should be revised and extended to cover higher studies also.
    • Increment rate should be 5% of pay.
    • Five promotions during service.
    • Special Duty Allowance for North Eastern Region be revised to 37-1/2%.
    • House Building Amount should be increased and interest rate should be reduced.
    • 6th CPC Anomalies may be got addressed through a special mechanism.
    • Flexi timings for women employees besides additional leave facilities etc.,
Pension
  • Pay Commission was urged to recommend parity in Pension.
  • Minimum Pension should be fixed at 67% of last pay drawn.
  • Gratuity amount should be upwardly revised.

All the issues contained in the J CM memorandum were explained to the Commission with cogent logic, merits and Precedents. S/Shri M. Raghavaiah, Leader JCM (Staff Side), Guman Singh, NFIR President, R.P. Bhatnagar, Working President and BC. Sharma, Joint General Secretary have participated in the deliberations.

No.IV/NFIR/7TH CPC/Corres/Pt.V
Dated : 28/03/2015 V

(Dr M. Raghavaiah)
General Secretary
Source: NFIR

What If Lee Kuan Yew Had Been Our First Prime Minister

When Lee Kuan Yew passed away last Monday, his tiny island Republic was grieved to its core. Yet, public life and affairs continued as usual and there was no outpouring of mass hysteria and fraudulent grief as we see on our shores, whenever some neta or a public figure is called to meet the maker. There was a dignified official press release that conveyed the sad news in prosaic language. More importantly, Singapore did not shut down even for a day, whereas we are unable to contain our sorrow on similar occasions in less than three to five days.

The contrast between Lee’s death and Nehru’s in 1964 could not be starker. In honour of our first PM, India shut down for a whole week. The entire affair culminated in a bizarre display of national mourning when Nehru’s ashes were taken in an Air Force plane and scattered over the countryside. It was left to the irrepressible Ram Manohar Lohia to observe that Nehru had left his cash for his daughter and his ashes for the nation, or similar words. The Congress acolytes went ballistic, but the doughty socialist stuck to his guns.

This provides the appropriate backdrop to study two completely different models of post-colonial development. The first one crafted by Nehru from 1947 onwards, was faithfully followed by all his successors, and defined our developmental process until mid-2014, when some effort started to design and implement a slightly different paradigm. The second model, from 1965 onwards, owed its origins and parameters uniquely to Lee and the institutions that he created, and which his successors are following till today.

Let us now look at the two development trajectories, one adopted by Lee’s Singapore and the other by Nehru’s India. The broad features of each are spelt out, so that we can compare them. The Singapore version went something like this. On the economic front, the tiny island nation that was a minor trading post with no natural resources, surrounded by much larger neighbours (basically hostile) and owing its strategic importance to a dwindling British naval base, took a long and hard look at its chances in the real world.

Lee and his People’s Action Party that had steered the country to independence decided that they would capitalise on their most important assets—the commitment, hard work and intrinsic intelligence of its people. They started making the country an attractive and viable place for international corporations to do business. The core ingredients for this were a squeaky-clean administration, a legal system that delivered justice and an infrastructure that helped industry and business to operate. The results were quick—many MNCs set up their manufacturing bases there, to cater to the entire region. Trading companies followed suit. The country’s savings rate was bolstered by a Provident Fund system that was transparent and completely above-board. It was also mandated to invest heavily in public housing, another important plank in Lee’s social policy. Soon, Singapore was labelled as “Switzerland on steroids”.

On the social front, Lee was adamant that the new nation would be bound together by common ethics and principles. The tiny country could not afford fissures on the basis of race, religion or language. While recognising the separate roots of the Chinese, Malays and Indians who had made Singapore their home, Lee ensured that an overarching “Singaporean” ethos and identity was soon forged. This was his crowning achievement, a proud new breed of South East Asians, an altogether different version from the decadent Homo Britannicus. And above all, there was zero tolerance of corruption in any form and by anyone.

In the area of defence, Lee took decisive steps to collaborate with the Israelis to build a military that could punch above its weight, with much bigger countries in the region. Military service was made compulsory, so that the country ensured that its youngsters bonded together in an ambience of discipline and commitment.

Our experience under Nehru was radically different. He pushed for a constitutional structure that had built-in provisions for disunity. He also designed an economic and business framework that ensured stagnation under the veneer of “socialism”, which was nothing but venal state capitalism. He turned a blind eye when corruption stared him in the face; worse, he allowed Menon to become a Cabinet minister despite his ignominious record. Finally, he decimated the country’s armed forces, by allowing Menon, Kaul and company to run riot, not to mention his own paranoia about our men in uniform.

The comparative data is clear. Singapore’s per capita GDP is about US $50,000 in PPP (Purchasing Power Parity) terms, whereas ours is around US $5,500. We have performed dismally in all other areas. Yes, there will be alibis and excuses galore, but Lee emerges a clear winner.
To wind up on a touching note, when his beloved wife lay bedridden after a stroke, Lee would read her favourite books to her every evening. Here too, Nehru fares dismally.


The author is a corporate laws and business analyst, based in Delhi

Friday 27 March 2015

Address Ex-Servicemen as ‘Armed Forces Veterans’

Dte Gen of Staff Duties
General Staff Branch
Integrated HQ of MoD(Army)
South Block
New Delhi - 110 011

13048/SD-1B                                                                                       dt. 23 Dec, 2010

Headquarters
Southern Comd (GS/SD)
Eastern Comd (GS/SD)
Western Comd (GS/SD)
Central Comd (GS/SD)
Northern Comd (GS/SD)
Southern Western Comd (GS/SD)
ARTRAC (GS)

INCORRECT USAGE OF TERM ‘PBOR'

Based on the recommendations of the Chief of Staff Committee, Raksha Mantri (MOD) has approved the proposal that henceforth "Ex-Servicemen" will be addressed as "Armed Forces Veterans".

Army HQ has issued a letter
 on Monday, 7th Feb 2011 ordering discontinuation the use of the word “PBOR”.

The abbreviation/acronym 'PBOR' does not exist in the 'Staff Duties in Fd Appx 'C' - Abbreviation 2006'. However, over a period of time incorrect usage of this term PBOR has become a practice. It is seen and reported by a Comd HQ that the acronym 'PBOR' is being wrongly used in respect of 'JCOs and ORs'.

The issue has been considered at the IHQ of MoD(Army). It has been decided that the acronym 'PBOR' will not be used, instead 'JCOs and ORs' is to be used in all the letters/communications.

The above instructions may be disseminated to the effect for compliance.

Sd/-
( S Sharma )
Lt Col
Offg Dir SD-1
for DCOAS (IS&T) 

Copy to:-

All Branches of IHQ of MoD (Army)
All Dtes of GS Branch 

Monday 23 March 2015

VETERANS MAY LIKE TO KNOW

Dear Sirs and Madams,

Many officers and wives of deceased officers complain that their PDAs, i.. banks have served a ...notice on them of over payment of pension and arrears. The over payment at times come to Rs 3 lakhs and above. The banks in many cases have started recovering such excess payments which is against several judgments of hon'ble Supreme Court. 

There are eight judgments of hon'ble Supreme Court on this subject, I could collect so far which I am enclosing as attachments where in no recovery can be made from employees and pensioners, if excess payment is made when there is no malafide intension of the pensioner nor did he use unfair means to get excess amounts. It is entirely the fault of the payer i.e. Banks. In one of the judgments, the hon'ble Supreme Cort specifically mention when arrears are received the pensioner is bound to spend the money. So to recover excess payment is not acceptable as there is no role for the pensioner when he got excess payment. 

Even as Director Sainik Welfare of Andhra Pradesh, my predecessor made some excess payment in salary to Ex Servicemen re-employed in our department. The excess payment came to Rs 58 lakhs distributed amongst 19 employees. When Govt of A.P asked me to serve a show cause notice on these employees to recover excess payment made, the 19 Ex-Servicemen went to A.P Adminstrative Tribuna who gave a judgment in favour of employees quoting one judgment of hon'ble Supreme Court. We filed a case in hon'ble High court of A.P where we again lost for similar reason. When we finally went to hon'ble Supreme Court our appeal was dismissed with all the contempt it deserved. So moral of the story is : If employer has made excess payment when the employee or pensioner did not have any role in excess payment, such payments can not be recovered.

Pl read these judgments in your spare time. I have also include our own case where in hon'ble Supreme Court was pleased to dismiss our appeal to permit us to recover excess payment made by us to our own Ex-Servicemen employees. They enjoyed the excess payment and finally Govt of A.P suffered loss of Rs 58 lakhs. Govt of India writes of Rs 5.65 lakh crores per annum as non revenue by giving various concessions to corporates and Rs 3.75 lakh crores from banks as NPAs. Then what is your excess payment?. The hon'ble Supreme court terms such losses as Chicken feed!!

Kindly join Lt Col Kulbir Singh in taking the legal route by filing a case in AFT. You are all bound to win. When the number of litigants are more, there is very good chance of your winning the case. The legal costs per head also comes down drastically.

If you keep quiet, you are the loser as banks will continue to recover one third of your monthly pension and also when you receive any arrears like you are going to receive for pension arrears from Jan 2006 by 17 Jul 2015, banks will cut the rest of so called excess payment in one one go.

Pl remember the undertaking PCDA(O) Pune takes from us that any overpayment detected at a later stage from us will be recovered is not worth even the paper on which it is written on. It is just a meaningless document. PCDA(O) Pune staff can collect all such undertakings taken from us and use them as toilet paper either in their office or at home.

The choice now left to you is to either suffer in silence or join Lt Col Kulbir Singh in your Dharma Yuddha. His e-mail id is in adress column.

Wish you all the very best in your fight for justice.

regards,

Brig CS Vidyasagar (Retd)
9493191380

---------- Forwarded message ----------

From: Lt Col Kulbir Singh <kulcreations@yahoo.com>
Date: Sat, Mar 21, 2015 at 11:57 AM
Subject: Fw: Fwd: Fw: Fwd: EXCESS PAYMENT OF ARREARS NOT TO BE RECOVERED
To: "csvidyasagar@gmail.com" <csvidyasagar@gmail.com>


Dear Brig Vidyasagar,

1. Please refer to our tele conversation today at 11.40 am. Thank you for your encouraging words of advice.

2. Regarding my case mentioned in u/m email, as suggested by you, I would like to file a litigation jointly along with other officers / widows who are similarly effected.

3. I will therefore appreciate if you can circulate the mail in the lists available with you, so that we can contact each other, share our views and if necessary put up a joint litigation.

4. In the meantime I request you to please send me the Supreme court's and other similar rulings available with you.

Thank you

Lt Col Kulbir Singh, Retd

Mohali, Chandigarh
9814006176


----- Forwarded Message -----

From: Lt Col Kulbir Singh <kulcreations@yahoo.com>
To: Sivasankar Vidyasagar <csvidyasagar@gmail.com> 
Sent: Friday, March 20, 2015 12:57 PM
Subject: Fw: Fwd: Fw: Fwd: EXCESS PAYMENT OF ARREARS NOT TO BE RECOVERED


Dear Brig Vidyasagar,

I have received the u/m email of yours, sent to me after many forwards. It was fwd to me in response to my discussion with a colleague regarding a recovery initiated by my bank, PNB Chandigarh.

I took premature retirement from Army/ EME, on 10 Sept 1990, after QS of 22 Yrs 2 months & 25 days.

I received the latest PPO dated 01 Oct 2014, from PCDA ( P ) Allahabad. In that they have fixed my basic pension w.e.f. 24-9-2012 as Rs 23082.00. However I was being paid Rs 26245.00 ( Rs 3018/- more ) w.e.f. Oct 2012, as fixed by CPPC, Chandigarh. So the bank has initiated recovery of diff of Rs 3183.00 plus DA, totaling to Approx Rs 185,000.00.

It was then pointed out to me that they cannot do so based on the Chennai High Court and a Supreme court order. I do not have the Supreme court ruling.

Sir, can you offer any advise. Should I file a complaint and with whom ? I will appreciate if you can also fwd the Supreme court judgement.

Thank you.

Lt Col Kulbir Singh. Retd

Mohali ( Chandigarh )
9814006176


Dear All,

This is not only applicable in the case of pay and allces, pension payment etc but all payments made by a govt. body/PSU/Undertaking to any person wherein such person is not party in any misrepresentation/fraud/calculations towards such a payment. These cannot be recovered from him despite having sent in a certificate to otherwise.

Dear Sir,

Many veterans are dilemma when they receive a notice from PCDA(O) Pune that they are required to refund Rs X as they were paid excess inadvertantly. 

They ask me what they should do. 

I send a copy of hon'ble Supreme Court judgment which says that no recovery is permissible if such overpayment is made to pensioner.

Then the affected veterans send this judgment to PCDA(O) Pune and thereafter no more reminders.

Here is a judgment of hon'ble Madras High court on similar subject.

Pl disseminate this information to your friends and wives of deceased officers whom you know.

Thanks my friend Col Jagjit Singh Sidhoo (and not Sidhu).

regards,

Brig CS Vidyasagar (Retd)
9493191380


CHENNAI: The Madras high court has asked the state government not to recover 1.02 lakh excess pension paid to a retired employee, saying he should not be inconvenienced for a mistake committed by the authorities.

Justice D Hariparanthaman, passing orders on a writ petition filed by Madurai Pillai, quashed the recovery proceedings and directed the authorities to return 18,000 recovered so far.

Pillai, who worked in the agriculture department, retired from service in May 2006. As per the recommendations of the Sixth Pay Commission, his salary at the time of retirement was fixed at 11,520 in February 2010. Consequently, his pension was fixed at 6,960, payable from January 2007. He was also paid arrears due to him.

In 2011, the accountant-general's audit revealed that his pension had been wrongly fixed as 6,960 instead of 5,760. Pointing out that an excess pension of 1.02 lakh had been paid to him, the government initiated proceedings to recover the amount. Pillai moved the high court against the recovery order.

In his order, Justice Hariparanthaman said: "The erroneous revision of pension was not due to the furnishing of any details by Madurai Pillai. Instead, it was due to the mistake committed by the authorities."

"There is no misrepresentation on the part of Madurai Pillai with regard to the revision of his pension. Hence, any excess amount paid to him shall not be recovered," the judge said.

Saturday 21 March 2015

The magic number 103.64, which when multiplied with the difference in pension pre 24 Sep 2012 and revised pension wef 24 Sep2012, will give you your arrears.

So forget those Rank Wise Tables, separate for Pension/FP and again for Non-AMC/AMC/ADC/MNS; just remember 103.64 * (Difference in Basic Pension Pre 24Sep 2012 and presently Drawn).


As an example, if difference in pension is (27795-26050) = Rs 1745
Amount due = 1745 * 103.64 = Rs 180851.

Multiplication factor 103.64 takes into account DA changes, over period for which arrears are calculated.

The formula is not an approximation and gives amount within an error of up to plus/minus Rs 10/-; that is because of truncation of 103.64 to two decimal places.

If arrears are because of Pension & FP, or if during intervening period you are getting additional pension by virtue of being 80, 85, 90, 95, 100; the amount will have to be worked out case by case.

Thursday 19 March 2015

Dear All,

More clear picture of SC ruling regarding Arrears from 1-1-2006 is given by Navdeep in his blog

http://www.indianmilitary.info/

Regards
bhinder

Tuesday, March 17, 2015

Pay arrears of pension to all Pre-2006 retiree Central Govt pensioners from 01 January 2006 rather than 24 September 2012 : Supreme Court

As most readers would know, there were anomalies in the fixation of pension of pre-2006 central govt retirees with effect from 01 Jan 2006 and the question was whether pension was to be calculated based on the minimum of each grade/rank within the newly introduced pay-bands or on the minimum of the pay-band itself. The said anomaly was resolved by way of judgements of the Central Administrative Tribunal (CAT) as well as Armed Forces Tribunal (AFT) which inter alia ruled that pension would be calculated on the basis of minima of each rank/grade within the pay-band. The judgement of the CAT was challenged by the Govt before the Delhi High Court. In the meantime however, the Govt itself removed the anomaly but granted the benefits from 24 Sept 2012 rather than 01 Jan 2006 which was the date of the inception of the anomaly.

Hence the exact controversy now stood narrowed down to whether the benefits of the correct pension were to flow from 01 Jan 2006 which was the date from which the 6th Central Pay Commission recommendations were implemented or from 24 Sept 2012 which was when the Govt had decided to remove the anomalies in the pension structure after the said Pay Commission.

The controversy was finally resolved by the Delhi High Court which directed that after removal of the anomaly, the pension arrears were to flow from 01 Jan 2006 and not from the future artificial date of 24 Sep 2012. Never to respect well-rounded judicial verdicts, the Govt challenged the decision of the High Court before the Supreme Court, however the Supreme Court was pleased to dismiss the SLP filed by the Govt in July 2013. The Govt then filed a review petition followed by a curative petition alleging ‘gross miscarriage of justice’ but a 5 Judge Bench dismissed the curative petition too.

The Govt however did not implement the decision across the board and kept filing SLPs and Civil Appeals across the board against decisions of judicial fora in favour of pensioners.

Ultimately, all these cases were clubbed together and were finally heard today by the Supreme Court.

The Supreme Court has today dismissed all appeals filed by the Union of India and upheld the decision of grant of arrears with effect from 01 January 2006 rather than 24 September 2012.

Another closure to another agony.
The amount of basic pension which was made admissible from 24 September 2012 for each rank can be discerned from this Circular issued by the Principal Controller of Defence Accounts (Pensions). The said amount plus applicable DA/DR would now be admissible from 01 January 2006.

Posted by Navdeep / Maj Navdeep Singh at 3:12 PM 0 comments

Wednesday 18 March 2015

Dear Friends,

Army Chief Gen Dalbir Singh Suhag visited Jhajhar on 14 Mar 2015. He addressed a big gathering of Veterans and their families. In his address he gave a detailed account of the latest position about OROP. This will be announced by 30 Apr. You can relax now.

It is a matter of great relief to me that a matter that I took up with the PM on 22 Feb 1982 has finally materialised after 33 years.

While this has come through there are many more things that, if not rectified soon enough, would land us in the same situation. Capt Chattar Singh our Vice Chairman along with Capt Balwan Singh, Sub Mohiinder Singh met the Chief and handed him over three letters from me with regard to these issues. He assured that he will look into these.

The letters handed over are given below for your info.

With warm regards

Lt Col Inderjit Singh
Chairman
09811007629



LETTER NO 1

I would have liked to personally come and greet you but can not do so as I am laid up with a stroke.

2. I thank you on behalf of the country’s Veterans for the keen interest you took in having our long standing demand of OROP through. We had first time put it across to the Prime Minister on 22 Feb 1982. Ever since we have been struggling to achieve it. In this process got five PMs to agree and twice actually got it. Every time we had it going the next opportunity the Babus took it away. This time also they tried to wriggle out of it but could not do so because of the strong backing of three Chiefs. Moral of the story is that ‘we can win any battle together’.

3. Let us heave together in future for getting for Armed Forces the rightful place in the Society.


LETTER NO 2


Now that the OROP has been conceded let us put our shoulders together to tackle those issues that are responsible for our present state.

2. Our problem is not lack of good will of the leadership, it is the inimical elements. Imagine
the MOD which is there to look after our interests to ensure for us the best, is the one which is opposing every thing that is good for us. The problem of lack of our communication with the leadership is what is needed to be addressed if you want to achieve anything on permanent basis.

3. This can not happen by off and on issuing orders to this effect. This can only happen by placing instruments on ground. The instruments that need to be established for ensuring regular institutionalised inter action are given below :-

a) Standing Committee of Voluntary Associations (SCOVA).
b) Department of Ex-servicemen Welfare.
c) Representation of Armed Forces at the MOD.
d) The Armed Forces Tribunal.
e) The Ex-servicemen Resettlement Commission.

4. I had written to the Prime Minister about these issues on 01 Jul 2014. He has very kindly taken a very serious note of my request and conceded SCOVA. Ex-servicemen Commission he had accepted through his Manifesto.

Accepted Issues

5. Of these he has very kindly accepted to appoint SCOVA and Ex-servicemen Commission. While to work out the charter for Commission, consultations are going on at various levels, there is no news about SCOVA. The Babus have been stonewalling this for the last 25 years. They are not going to concede it easily unless Service HQ keep track of it. In 1991 I got it going in the MOD. The Babus finding it too hot for their liking, they quickly wound it up.

Separate Pay Commission

6. Soon after Fifth CPC, I realised that we can not get our rightful due unless we have our Separate Pay Commission. I pursued it relentlessly ever since. In 2013 it was conceded. It took 15 Years of my struggle to get it, but the Chiefs in their wisdom rejected it. You may consider taking it up for allowing this again.

Department of Ex-servicemen Welfare

7. This Department was set up by the leadership in their wisdom to ensure that the problems of veterans could be taken care of with greater authority and effect. Unfortunately rather than use their additional authority to solve our problems the bureaucrats running the Department are instead misusing their powers to create even more difficult problems.

8. What is required is the restructuring of this Department with the staff being a mix of serving and retired soldiers of the Armed Force. This would to a great extent help in solving rather than creating problems for Veterans, which is happening now.

Representation of Armed Forces at the MOD

9. I am sure you are aware that the Armed Force are the only uniformed Service which has no representation at the decision making level in the controlling Ministry. Why? Are the Armed Forces untrustworthy or are they incompetent to handle their own affairs? It is neither. It is the fear of a coup that the bureaucracy has been creating in the minds of the leadership regularly that has resulted in total trust deficit. This kind of an attitude rather than prevent it, is a sure shot recipe for disaster.

10. This situation must be quickly reversed by placing Armed Forces officers at various decision making levels in the MOD. This will automatically ensure consultation and participation of the Armed Forces in all matters pertaining to them as per Prime Minister’s noble desire.

The Armed Forces Tribunal

11. The Veterans had been subjected to all along with problems emerging out of flawed order or their wrong implementation. Some Veterans who refuse to accept the injustice go to the Courts for reprieve. That is when their trouble begins. If they get favourable decision from one Court the Govt drags them to the next higher Court. This process goes on till they are dead. When the orders come neither they are there nor are their problems.
3
12. The Leadership realising these difficulties decided to set up an Armed Forces Tribunal so that they could get a quick redressal of their grievances through judicial intervention if they could not get reprieve elsewhere.

13. Ever since the AFT was appointed in 2009 around ten thousand cases have been filed by serving soldiers and Veterans. Majority of these cases have been decided in favour of these suffering Armed Forces Personnel and veterans. Almost in all those cases the MOD through Deptt of ESW have gone in for Appeal in higher Courts. The Armed forces agony has been prolonged by creating another level of judicial intervention rather than reducing it.

14. This has happened because the AFT has been placed under MOD and has been made toothless. The matter needs to be attended to by placing them under Ministry of Law and giving them all the powers of a High Court. Finally MOD be directed to treat all orders of the AFT as final unless there is serious violation of the Constitutional provisions.

15. The number of cases filed should be a matter of serious alarm for the leadership.  The inimical elements to prejudice the minds of the leadership will project this phenomenon as a revolt against the Govt by the Veterans. In actual fact it is indicative of their malafide intentions for denying us our rightful dues at such an enormous scale. To tell you in simple words the actual situation? Almost every notification of any consequence, issued by the MOD is flawed and which denies us our rightful dues or takes away already granted facilities.

The Ex-servicemen Resettlement Commission

16. We are delighted that this all important instrument for Veterans welfare has already been announced by the President in his address to the Joint Session of the Parliament. This was first recommended by the High Level Committee headed by RRM, of which I was a Special Invitee, way back in 1984. The bureaucracy has been stalling it all this time.

17. What is required now is to keep a close watch on terms and conditions that are being worked out. The Babus should not be allowed to turn this also a toothless wonder like AFT.


LETTER NO 3

A large number of Majors and Lt Col SG have been denied their rightful dues consequent to the decisions of various committees and CPC.

2. I submit details about the case of Majors pensions in brief, that would help you in not only understanding the problem fully but also for ensuring that the right remedial measures are adopted for working out proper solution to this very serious problem The problem of Lt Cols being the same, their case has also been included for your consideration and necessary action please.

Brief History 

3. Till the Fifth CPC, for fixation of pay of the officers of the rank of Major belonging to all categories were treated alike viz there was no difference between the pay of acting or substantive majors at starting level. Further both the officers of the General list and SL List (Special duty list in Navy) were fixed at the same scale of pay viz Rs 11600-325-14850.


4. From 29 Feb 2000 vide Ministry of Defence letter No 1 (26)/97/II/D(pay/services) dated 29 Feb 2000, the officers of the above rank were arbitrarily split into various categories. as stated below:-

(a) General list officer(Acting Major) drawing starting salary of Rs 11600.
(b) SL List Officers (Substantive Major) drawing starting salary of Rs 11925.
(c) All officers holding rank of Major who retired prior to 29 Feb 2000 drawing starting salary  of Rs 11600.
(d) Officers holding acting rank of Major who retired after 2000 drawing 
starting  salary of Rs  1600.
(e) Officers holding substantive rank of Major who retired after 2000 drawing 
salary of Rs    11925.
(g) Since Special list officers were granted substantive rank they started drawing more pay than the General list officers at starting level itself. 


5. The recent decision of the Government to grant the Major with 21 yrs of service the pension equal to that of the Lt Col(TS) has created another class within the above rank, making matters more complicated for future. It has been done presumably on the basis of DSRs which lays this down. This regulation had become infructuous with the Govt order No 18(I) 2004-D(GS-1) dated 21st December 2004 due to which all majors became substantive Major with six years service and Lt Col with thirteen years service with effect from 16 Dec 2004. 


Status After 2004


6. With the announcement of the Govt. order No 18(I) 2004-D(GS-1) dated 21st December 2004 all majors will now retire with pensions of a Lt Col (TS) as after putting in service for 13 years they will get the rank of a Lt Col. This should have been the yardstick for the latest award of Lt Cols pension to Majors rather than the DSR norm, which has no meaning under the changed circumstances. This very pension of Lt Col (TS) has been given to earlier selection grade Lt Cols after the Sixth CPC award. This tantamounts to downgrading the selection grade Lt Col.

Position After Sixth CPC

7. Taking this situation into consideration the Sixth CPC placed all Majors and Lt Cols in Pay Band three. While doing this they totally ignored the situation that prevailed pre 16 Dec 2004 when a Major became substantive with 13 years service and many more years to become Lt Col. The duties performed by a major were as a Coy commander and a Lt Col as a Battalion Commander. These duties are now being performed by Lt Col and Colonel.

8. After some representation by the AFs, Lt Col has been placed in PB 4 and a major with 21 years service been given Lt Cols (TS) pension. In this the Majors with 20 years minimum qualifying pensionable service have been left out, by what logic we can not think of except the fervent desires of the vested interests to do down AFs. Similarly the selection grade Lt Cols of yore have been brought down to the level of Lt Cols (TS) by giving them the pensions of present day Lt Cols(TS).


Action Required


9. The immediate need of the hour is that the pensions of all pre 2004 Majors and Lt Cols be upgraded keeping in view the duties by their equivalent ranks now and not the ranks held.

10. Majors Rank. In that the Majors who retired with 20 years of minimum qualifying pensionable service or more to be given the pensions of a Lt Col (TS) as has been rightly done for Majors with 21 years service. By what logic the Major with 20 years have been deprived of the pensions of Lt Col (TS) needs to be investigated and those responsible made accountable for their misdeeds.


11. Lt Col Rank. The case of Lt Col is simpler as there were only two categories. The time scaled and the other, selection grade one. While Lt Col (TS) has been suitably compensated by bringing him to PB 4, the Lt Col selection grade has been down graded by giving him the scales of Lt Col (TS) rather than those of Colonels who are now commanding the Battalions which were commanded by Lt Cols earlier. All Lt Cols selection grades need to be given the scales of Colonels in the PB 4 to remove this problem.

Applicability Date


12. The GOI/MOD has decided to apply the notification regarding latest award wef 24.9.12 (instead of 01.1.06) in spite of the fact that just about 45 days earlier to it, the Hon’ble Minister of State (Min. of Finance) in reply to an unstarred question (no. 191) had stated on the floor of the Rajya Sabha on 9.8.12 that “The 13th Finance Commission had recommended that structural shocks such as arrears arising out of Pay Commission awards should be avoided by making the pay award commence from the date on which it is accepted.” The date of applicability of this award therefore should be wef 01. 01. 2006 as per this announcement.


Solution

13. In definite terms what we seek is given below:-

a) All Majors with minimum 20 years qualifying pensionable service or more to be given the pensions of Lt Col (TS). 
b) All Lt Col Selection Grade who commanded Battalions or their equivalent units in their arm or service to be given the scales of full Colonels.
c) The date of applicability should be 01.01.2006 

15. Now that these problems have been brought to your kind notice, we look forward to your indulgence in solving these soon as submitted.


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One Rank One Pension to be approved by April end: Army Chief

Jhajjar: Army Chief General Dalbir Singh Suhag on Saturday said that the long-standing demand of Armed Forces veterans' for One Rank One Pension (OROP) will be approved by April end.

The file on the OROP is currently being studied by the Finance wing of the Defence Ministry after which it would be sent to the Finance Ministry for final approval.

The government has already made it clear that the OROP will be implemented with effect from April 1, 2014.

Addressing a rally of around 17,000 ex-servicemen here, the Army Chief said, "The OROP will come out in the same principle as desired. It will be effective from April 1, 2014 and may be approved latest by April 30 this year. However, delay does not matter as arrears will be given."

The OROP scheme, which seeks to ensure that a uniform pension is paid to defence personnel who retire at the same rank with the same length of service, irrespective of their date of retirement, has been a long-standing demand of the over two million ex-servicemen in the country.

In view of the hardships faced by the soldiers while discharging their duties, Gen Singh has sought a hike in their pay and allowances from the Prime Minister, a defence statement said.
Singh said that the army has tied up with the Skilled Development ministry for ensuring employment to the Army retirees in public and private sectors, it said.

However, the Army Chief ruled out the possibilities of exempting the veterans from income tax as it would be a violation of the principal of parity, the statement added.

A number of grievance resolution stalls were set up to process on-the-spot redressal of grievances pertaining to pension, preparation of ECHS cards and CSD cards, it said.

A medical camp was also organised in which specialists from various discipline of medicine attended the needy patients.

Besides, 26 modified scooters and six wheel chairs were given to the eligible ex-servicemen, the statement added.

PTI