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Tuesday, 7 June 2016

7th Pay Commission News – Parity of Pension of Pre-2016 Pensioners with Post-2016 Pensioners

Indian Military Veterans

7th Pay Commission News – RSCWS representation to Govt pointing out the Parity of Pension of Pre-2016 Pensioners with Post-2016 Pensioners

Railway Senior Citizens Welfare Society has submitted a memorandum  to the Cabinet Secretary with regard to parity in pension of pre-2016 pensioners with post-2016 pensioners

RAILWAY SENIOR CITIZENS WELFARE SOCIETY
7th pay commission latest news - parity in pension of pre-2016 pensioners
(Estd. 1991, Regd. No. 1881 – Under Registration of Societies Act),
Head Office: 32, Phase- 6, Mohali, Chandigarh -160055
Website http://rscws.com Email: rscws1991@gmail.com
Identified & Recognised by DOP&PW GOI under Pensioners Portal
No.RSCWS/ CHD/Memo/2016-9
Dated: 06-06-2016
Cabinet Secretary, Government of India &
CHAIRMAN, EMPOWERED COMMITTEE OF SECRETARIES ON 7TH CPC,
Cabinet Secretariat, Rashtrapati Bhawan, New Delhi – 110 004
CC to: cabinet@nic.in
Dear Sir,
Subject:- Parity of Pension of Pre-2016 Pensioners with Post-2016 Pensioners – as per  Recommendations of Seventh Pay Commission. Reference: Para 10.1.67 of Seventh Pay Commission Report
1. We are deeply anguished and shocked to learn from the Secretary Staff Side, JCM, that you had indicated in the meeting with the representatives of JCM Staff Side on 26-5-2016, that the Departments of Pension and Defence were of the view that the first option recommended  by  the  7th  CPC  to  bring  about  the  parity  with  the  past  pensioners  is unfeasible and impracticable – due to the non-availability of the requisite records.
2. Denial of Parity to Past Pensioners is going to cause a major financial loss to the Past Pensioners and would naturally agitate them seriously. The issue, therefore, needs reconsideration especially in view of the following points:
i)    Service Records are protected documents and cannot be destroyed without specific orders of the competent authority.
ii)  The views of the DOP&PW & Defence about the non-availability of the requisite records are too vague, unfounded and unjustified;
iii) Even if the Service Records of some of the Pensioners were not available, the same can be reconstructed/recast as per prescribed procedures and as per directions of various courts issued from time to time in such cases.
iv) All the Past Pensioners cannot be made to suffer heavy financial loss due to some missing records – which can in any way be reconstructed as stated above.
v)  5th & 6th Pay Commissions had recommended for grant of Modified Parity to past Pensioners. The orders were implemented on the basis of service records.
vi) Fifth CPC while evolving the norm of modified parity had mentioned in its Report that further improvements could be brought about by future Pay Commissions. It is after  20  years that  7th    CPC  taking  a  step  in   this  direction recommended consideration of number of increments earned in that level while in service. The recommendation cannot be set aside on the plea of non-availability of record.
vii) Recommendations of the 7th CPC in Para 10.1.67 (option 1) for Parity of Pension of Past (Pre-2016) Pensioners were based on legal and Constitutional grounds and, as such, the same may please be implemented.
3. It is, therefore, requested that:
a)  Recommendation of the Seventh CPC regarding option I for fixation of Pension of Pre-2016 Pensioners may please  be  implemented –  keeping in  view  the  above submissions.
b) Pay Matrix may please be modified so as to give equitable rise at all levels through same Index for fixation of Pay & Pension of Pre-2016 Pensioners.
c) Pension of Pre-2016 Pensioners who were senior and retired in higher Level of Posts may please be revised at par with the junior Post 2016 Pensioners who may get higher pension due to merger of Pay scales or having longer years of service in lower scale.
Yours truly,
(Harchandan Singh)
Secretary General,
RSCWS

Veterans pour out worries before OROP committee


Panel's term comes to an end on June 15 but Justice L.N. Reddy may ask for an extension
As part of the consultative process to address issues in the implementation of the One Rank One Pension (OROP) scheme, Justice L. Narasimha Reddy, the one-man judicial commission appointed by the government met with representatives of ex-servicemen organisations protesting for ‘rightful’ implementation of the scheme.

“We sought a meeting with him and he was kind to grant us time. We met him and explained the anomalies and the change of definition. He evinced keen interest in knowing the details,” Maj. Gen. Satbir Singh (retd.), Chairman Indian Ex-Servicemen Movement (IESM) told The Hindu on Sunday.

Gen. Singh said that he explained in detail the four major anomalies — equalisation of pension every year instead of every five years, fixation of pension at top of the bracket instead the average, implementing it from April 1, 2014 instead of July 1, 2014 and taking financial year 2013-14 as base year for calculation instead of average of calendar year 2013.

Extension

The six-month term of the Commission is set to complete on June 15 but Mr. Reddy is likely to ask the Centre for an extension to do justice to the issue. Veterans had been on hunger strike at Jantar Mantar since June.

Some updates: (1) 33 years rule, and, (2) An interview link

Indian Military Veterans
Removal of 33 years’ condition for grant of full pension:

Many letters have been floated lamenting the delay by the Ministry of Defence in issuing orders for removal of the 33 years’ condition for grant of full pension that has already been issued for civilian pensioners as informed on this blog in April 2016. Many have also expressed dissatisfaction at the time being taken by the MoD and some mails have also been pretty alarmist in nature. On this, I would request you to kindly be patient. The issuance of the letter is underway and the delay was quite expected since unlike the civil side, defence pensionary modalities are quite complicated and involve the preparation of many tables using different formulae and which would have to be appended to the said letter. Also, the system of calculation of pension is different for Commissioned Officers (calculated at minimum of Pay Band) than for ranks other than Commissioned Officers (calculated at notional maximum) and hence adequate protection clauses would have to be introduced. A protection clause for OROP also needs to be incorporated. A little patience is required since the delay is not of much significance since arrears anyway have to flow from 01 January 2006.

An interview published at Bar & Bench:

My interview @ Bar & Bench was published recently and can be accessed by clicking here.

Source : http://www.indianmilitary.info

LETTER TO JS DESW ON INCORRECT PENSION : OROP (MIN MAX OF BASE YEAR 2013)

Indian Military Veterans


c
PCDA (P) Allahabad letter dt 19 APR 16_Calculation o.pdf

CLICK ABOVE TO READ THE LETTER
========================================================================================
Dear Smt Damayanthi Garu,

1.   Trust intelligence and logic of these DAD personnel and you will have this kind of illegal, incorrect and blatantly false fixation of pension of all ranks in OROP. I am aghast at low level of intelligence of these DAD persons and amused at the way they work out important issue like OROP pension. This is because they are civilians and have no idea of pay and pensions as is proved by the letter of PCDA (Pensions) Allahabad No: G-1/M/Misc/VIII dated 19 Apr 2016 on fixation of pension of Majors in OROP.

2.    Kindly go through their letter dated 19 Apr 2016 (enclosed). Pl see examine the warped logic at para (b) and (c) of their letter which are totally illegal, arbitrary and blatantly wrong. I do not think you need any explanation.

3.   I am listing out illogical and incorrect method of pension fixation of Majors in OROP carried out by PCDA (Pension) Allahabad for Majors.

4.   Pension Reduction. First is Pension Reduction of Major with lower qualifying service. To earn pension officers have to put in 20 years’ service. Commissioned Officers get the rank of Maj after putting in 6 years’ service from date of commission thanks to AVS Committee which reduced number of years to get time scale ranks upto Col (TS) w.e.f 16 Dec 2004. Para (b) of PCDA (Pensions) letter cited above says that where in pension of Maj with more qualifying service in calendar year 2013 say of 26 years’ service is available and Major of 20 years is not available (in calendar year 2013), then pension of 20 years Maj will be reduced by 3% per year to arrive at pension of Maj with 20 years’ service. Here also your DAD guys do not understand the difference between Pay and Pension. Pension is half of pay. If pay goes up by 3% every July, madam, a 5th Standard child knows pension goes up by 1.5% per year. Conversely pension is to be reduced by 1.5% from 26 years QS to 20 years QS. But these illiterate DAD personnel will not understand such simple arithmetic. So the reduction per year for Major of 20 years should be 1.5% per year i.e. 6*1.5 = 9%. If say Major of 26 years QS gets Pension in OROP at say Rs 20000, then pension of Major with 20 years’ service should be = Rs 20000 x (100-9)/100 = Rs 18,200. Whereas these DAD personnel worked out at = Rs 20000 x (100 – (6x3))/100 = Rs 16,400 pm. This causes loss of pension to Majors.

4.     Pension Enhancement. Conversely if the pension of Major with lower qualifying service say 20 years in calendar year 2013 is available and pension of Major with 25 years’ service is not available then logic and law demand the same method adopted for fixation of pension i.e. increase by 1.5% per year should be done to arrive at pension of Major with higher qualifying service. To cite another example. If Pension of Major with 20 years’ service is Rs 20,000 then pension of Major with 25 years’ service is to be increased by 5 x 1.5 = 7.5%. DAD personnel do not have any idea of judgment of hon’ble Surpeme Court in Maj Gen SPS Vains Vs UOI, 2008. It is not you bring up pension of higher QS Maj to that of Lower QS Major. Please make it a point to all Officers of IDAs to read relevant judgments on pensions and pay of defence services personnel to know how pension is to be fixed. Kindly send them on temporary duty to Secunderabad and I will teach them.

5.    Another anomaly PCDA (Pensions) Allahabad have done is to MNS Officers. Their argument is no Maj MNS retired in 2013 so there is no table for enhancement of arrears in OROP for pre – 2006 Capt and Maj MNS officers. This is again illogical and illegal. If Lt Cols MNS can get benefit of OROP pension and Maj of regular commissioned officer can get enhanced pension in OROP why not pre – 2013 Maj MNS. You are forcing pre – 2013 Maj MNS to knock the doors of AFTs. 
6.    You will get answers from PCDA (Pensions) Allahabad that now a days there are no Majs with 20 years’ service as they become Lt Col with 13 years’ service. This is again partially false interpretation. There are SL, SCOs and RCOs in Army. Similarly Branch Commissioned Officers in IAF and SD Officers in Navy. They are JCOs, NCOs and Other Ranks (Sep and L /NK) who get commission as officer after putting lot of service as non- officer. Some of them get commission after they put in 15 to 20 year as non – officer. When they serve for 6 years post 16 Dec 2014 as a commissioned officer with their OR service, they get pension of Major if combined service is 20 years.

7.      Madam, I request you to seek explanation from CGDA with their method of pension fixation. Majors of pre – 2013 will go to AFTs challenging this illogical, incorrect and unlawful method of pension fixation in OROP. It will only waste your precious time in defending indefensible method of pension fixation carried out DAD personnel. You should spend more time to redress grievances of 24.5 lakh pensioners instead of defending law suits in various AFTs. Your DAD personnel fixed incorrect pension of Majs in 6thCPC and it was improved upon by hon’ble Supreme Court in 2009. The history, Madam, I can assure you, will repeat. TSEWA is bound to go to AFT, Delhi on this method of pension fixation carried out by PCDA (Pensions) Allahabad and is sure to win it. Govt of India will be forced to pay interest of 8% in arrears from July 2014 after three months from day of delivery of Judgment. Why do you want to waste peoples’ taxes ?

8.    My last submission for your kind consideration. DAD personnel are not capable of fixing pensions of Defence pensioners. Whenever such situations arise like pension fixation in 7th CPC, kindly make use of services of expert Ex-Servicemen like Air Mshl SY Savur, R Adm Alan O’leary, AVM RP Mishra, Brig SKS Rana, VSM, Gp Capt Sushas Phatak, WO Thiru Chelvam and Sgt S Kantaiah to see such incorrect and illegal method of pension fixation is not repeated which leads to plethora of legal cases.

Regards,

Brig CS Vidyasagar (Rtd)
9493191380

(SOURCE- VIA GP E-MAIL)

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