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  • FlashFLASH* NAVAL SAILORS WHO JOINED ON OR BEFORE 03/07/1976 & DISCHARGED AFYTER 10 YEARS ARE ELIGIBLE FOR SPECIAL PENSION AS PER SC JUDGEMENT IN CIVIL APPEAL 2147/2011 New **** L*OROP CASE NEXT HEARING LIKELY ON 15/12/2017
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  • Monday, 29 October 2012

    BASIS OF CALCULATION OF ENHANCED PENSION WITH 2 MORE YEARS OF WEIGHTAGE

    THE MUCH AWAITED ENHANCED PENSION INSTEAD OF OROP IS LIKELY TO BE  CALCULATED ON THE BASIS OF NOTIONAL PAY AS APPLICABLE TO VARIOUS RANKS IN GROUPS ACROSS THE THREE SERVICES.IT MEANS THE ACTUAL SERVIVE  ADDED BY WEIGHTAGE GIVEN TO VARIOUS RANKS INCLUDING THE TWO YEARS GIVEN NOW SHOULD BE APPLIED TO  50% OF THE NOTIONAL PAY(OROP) APPLICABLE TO RANKS IN GROUPS OF THE SERVICES.THUS IT SHOULD BE CLEAR THAT OROP IS 50 % OF THE NOTIONAL PAY AS APPLICABLE TO VARRIOUS RANKS IN GRUOPS ACROSS THE THREE SERVICES GIVEN IN CIRCULAR 471 ANNEXTURE-A. IT IS CALCULATED  AS SHOWN BELOW.


    *NP  X  WEIGHTAGE( AS SHOWN BELOW)
                      33

    LATEST WEIGHTAGE FOR RANKS( EQUVALANT RANKS OF ARMY, NAVY, AIRFORCE)

    SEPOY           = 12 YEARS + ACTUAL SERVICE

    NAIK             = 10 YEARS + ACTUAL SERVICE
    HAVILDAR   = 08 YERAS + ACTUAL SERVICE

    * (NP)THE NOTIONAL PAY IS GIVEN IN PCDA CIRCULAR NO. 471 ANNEXURE - A


                       
    CLICK THE FOLLOWING LINK TO VIEW THE ANNEXURE-A IN CIRCULAR 471  


    http://www.pcdapension.nic.in/6cpc/Circular-471.pdf


    HENCE IT IS VERY CLEAR THAT THE INTENTION OF THE GOVERNMENT IS TO
     EQUATE PENSION ACROSS  THE  RANKS IN GROUPS OF THREE SERVICES INSTEAD OF OROP. THIS IS A WELCOME STEP BUT THIS SHOULD HAVE BEEN IMPLEMENTED AFTER GRANTING OROP. IN OTHER WORDS OROP MEANS 50% OF THE NOTIONAL PAY, WHICH IS A GENUINE DEMAND OF VETERANS .OROP IS IN  BETWEEN THE 50% OF THE MINIMUM & MAXIMUM OF THE NOTIONAL PAY AS PER LENGTH OF SERVICE.  HENCE WE ARE STILL FAR AWAY FORM OROP.

    .

    LET US CARRY THE STRUGGLE FORWARD TILL WE ATTAIN SUCCESS

                                               JAI BHARATH MATHA KI 




    Thursday, 18 October 2012

    LIC SLP CLARIFICATION ORDER ISSUED


    17-10-2012 

                                                              ORDER OF THE COURT

    ITEM NO.3 COURT NO.4 SECTION XV
    S U P R E M E C O U R T O F I N D I A
    RECORD OF PROCEEDINGS
    IA No.3 In Petition(s) for
    Special Leave to Appeal (Civil) No(s).29956-29957/2011
    L.I.C. Petitioner(s)
    VERSUS
    KRISHNA MURARI LAL ASTHANA & ORS. ETC. Respondent(s)
    (With appln(s) for clarification and office report)
    Date: 17/10/2012 This I.A. was called on for hearing today.
    CORAM :
    HON'BLE MR. JUSTICE G.S. SINGHVI
    HON'BLE MR. JUSTICE SUDHANSU JYOTI MUKHOPADHAYA
    For Petitioner(s) Dr.A.M.Singhvi, Sr.Adv.
    Mr.Parag P.Tripathy, Sr.Adv.
    Mr. Ashok Panigrahi, Adv.
    Mr.Surajit Bhaduri, Adv.
    For Respondent(s)/ Mr.Amarendra Sharan, Sr.Adv.
    Applicant Mr.R.K.Singh, Adv.
    Mr.Kumar Gaurav, Adv.
    Mr. Rameshwar Prasad Goyal, Adv.
    Mr.Aakash D.Pratap, Adv.
    Ms.Vimla Sinha, Adv.
    Ms.Sushma Suri, A.O.R.
    UPON hearing counsel the Court made the following
    O R D E R
    I.A.No.3 of 2012 In SLP(C) No.29957 of 2011
    This is an application by the respondent for clarification of order dated 14.11.2011.
    We have heard Shri Amarendra Sharan, learned senior counsel for the applicant and Dr.A.M.Singhvi, learned senior counsel for the SLP-petitioner and are satisfied that order dated 14.11.2011 needs to be clarified so that neither party may remain under a mistaken impression about the purport of this Court's order.
    In view of the above, paragraph 3 of order dated 14.11.2011 is substituted with the following:
    "In the meanwhile, the proceedings pending before the High Court under the Contempt of Courts Act, 1971 shall remain stayed subject to the condition that within eight weeks from today, the petitioner shall deposit in the Registry of the High Court the amount due to the pensioners i.e. the writ petitioners with effect from the date of their eligibiity to get retiral benefits."
    I.A. No.3 of 2012 is disposed of in the manner indicated above.
    As a sequel to disposal of I.A.No.3 of 2012, I.A.No.4 of 2012
    in I.A.No.3 of 2012 in SLP(C)No.29957 of 2011 is also disposed of.
    (Satish K.Yadav) (Phoolan Wati Arora)
    Court Master Court Master

    _________________________________________________________________
    THE CONTEMPT PETITION PENDING IN RAJ HC WAS LISTED  ON 25/10/2012.  DUE TO THE SC ORDER DATED 17/10/2012 IT HAS BEEN ADJOURNED TO JANUARY 2013 TO SEE AS TO WHAT AND WHEN LIC DEPOSITS THE MONEY AND ALSO WAITING DISPOSAL OF SLP IF POSSIBLE

    Thursday, 11 October 2012


    All missing Prisoners of War (POWs) are “on duty”


    Govt of India Implements 


    Landmark Orders of 

    Gujarat High Court in 

    PIL filed by the 
    Late Lt General Jagjit Singh Aurora

    It was on 23 December 2011 that the Hon’ble Gujarat High Court rendered a landmark judgement in a Writ Petition filed by the late Lt Gen Jagjit Singh Aurora and others in the year 1999.

    Besides other reliefs that were sought, the case was filed by the late General praying that the Govt may be directed to treat all missing Prisoners of War (POWs) as “on duty” for all intents and purposes till their date of retirement. It was also prayed that the Union of India be directed to take up the issue of the missing personnel with the International Human Rights Committee.

    The High Court, through a very detailed and extensive order, which at places recorded bone chilling details on the subject alongwith all related evidence on the matter, directed the Union of India to approach the International Court of Justice in this regard and also to pay all retirement and service benefits to the kin of the missing personnel as if they had retired on superannuation.

    The detailed judgement on the writ petition which was ordered to be treated as a Public Interest Litigation (PIL), not only traced the entire length and breadth of the issue but also dealt with accounts of individual cases.

    The Ministry of Defence, though has challenged before the Supreme Court the part of the order which dealt with directions to the Govt to take up the case with the ICJ, has however implemented the other part which dealt with treating the missing personnel on duty and releasing benefits to the kin as if they (the missing personnel) remained on duty till their respective dates of retirement.

    The Defence Ministry has already forwarded the order for implementation to the Services HQ who in turn have asked the respective Record Offices to immediately take requisite steps.

    CLICK FOLLOWING LINK TO SEE JUDGEMENT

    __._,_.___

    Tuesday, 9 October 2012

    Expected DA from January, 2013

    Expectation of future Dearness Allowance from January, 2013 on the basis of 4 points jump 
    in CPI-IW for the month of July, 2012 and 2 points jump in August, 2012 giving expectation
     for DA  80% or more from January 2013.
    All India Consumer Price Index Number [http://labourbureau.nic.in/indtab.html] for Industrial
    Workers (CPI-IW) on base 2001=100 for July, 2012 showing increase in 2 points and stood at 
    214 (Two hundred & four).  If we expect only 1 point increase in this index for every month 
    the Dearness Allowance for Central Government Employee will touch 80% in January, 2013. 
     In view of increased LPG & Diesel price etc. we expect more monthly increase in Index and 
    similarly in future DA.  Please go through the following calculation:-

    Expected Dearness Allowance DA for Jan, 2013 calculated as under:

    Dearness Allowance = (Avg of AICPI for the past 12 months - 115.76)*100/115.76

    Month
    Base Year 2001 = 100
    Total of 12 Months
    Twelve monthly Average
    % increase over 115.76 for   DA
    DA announced or will be announced
    Dec-11
    197
    2298
    191.50
    65.43%
    65%
    Jan-12
    198
    2308
    192.33
    66.15%
    Feb-12
    199
    2322
    193.50
    67.16%
    72%
    Mar-12
    201
    2338
    194.83
    68.31%
    Apr-12
    205
    2357
    196.42
    69.68%
    May-12
    206
    2376
    198.00
    71.04%
    Jun-12
    208
    2395
    199.58
    72.41%
    Jul-12
    212
    2414
    201.17
    73.78%
    Aug-12
    214
    2434
    202.83
    75.22%
    80%
    Sep-12
    215
    2452
    204.33
    76.51%
    Oct-12
    216
    2470
    205.83
    77.81%
    Nov-12
    217
    2488
    207.33
    79.11%
    Dec-12
    218
    2509
    209.08
    80.62%
    Jan-13
    Expected DA from January 

    Monday, 8 October 2012

    Implementation of the Government decision on the recommendations of the Sixth Central Pay Commission — Pension of Personnel Below Officer Rank (PBOR) discharged from service on or after 1.1.2006

    MONDAY, OCTOBER 8, 2012


    Implementation of the Government decision on the recommendations of the Sixth Central Pay Commission — Pension of Personnel Below Officer Rank (PBOR) discharged from service on or after 1.1.20





    The Chief of the Army Staff
    The Chief of the Naval Staff
    The Chief of the Air Staff

    Subject: Implementation of the Government decision on the recommendations
     of the Sixth Central Pay Commission — Pension of Personnel Below Officer 
    Rank (PBOR) discharged from service on or after 1.1.2006.






    Sir,

    This Ministry’s letter No. 17(4)/08(2)/D(Pen/Policy) dated 18.08.2010 is amended as follows :-
    Following may be inserted as Note below Para 3(v)-
    "Note — The provisions of this letter are not applicable to JCOs granted honorary
    Commission as Lieutenant and Captain. Service Pension for these ranks should
    continue to be determined in terms of Para 6.2 of this Ministry letter
    No. 17(4)/2008(2)/D(Pen/Policy) dated 12.11.2008."
    2.    All other entries remain unchanged

    3.    This issues with the concurrence of the Finance Division of this Ministry vide 
    their UO No. 31(1)2008/Fin/Pen, dated 12.09.2012.

    CLICK BELOW TO REFER THE FOLLOWING TWO ORIGINAL CIRCULAR


    Source/Original: http://cgda.nic.in/audit/mgp200912.pdf

    To see letter dated 18-08-2010 click here http://pcdapension.nic.in/6cpc/Circular-471.pdf 

    Saturday, 6 October 2012

    LIC's SPECIAL LEAVE PETITION IN SUPREME COURT.






    Wednesday, October 3, 2012

    LIC's SPECIAL LEAVE PETITION IN SUPREME COURT.

    Supreme Court of India

    You know it. Court proceedings are many-a-time a time consuming affair. 

    LIC's Special Leave Petition against the order of the Rajasthan High Court  was last listed in the cause list of the Supreme Court for 7th February this year. It was again listed for 5th October.

    Now we have the news that the Special Leave Petition is postponed to 26th November 2012.

    The result: Pretty well an year will be over with a couple of postponements.... and who knows, when our woes will be over once for ever.

    Amendments in Ex-servicemen (Re-employment in Central Civil Services and Posts) Rules, 2012 - Gazette Notification



    Amendments in Ex-servicemen (Re-employment in Central Civil Services and Posts) Rules, 2012 - Gazette Notification




    [To be published in the Gazette of India, Extraordinary, Part II, Section 3, Sub section (I)]
    Government of India
    Ministry of Personnel, Public Grievances and Pensions
    NOTIFICATION
    New Delhi, dated the 4th October, 2012
    G.S.R. – In exercise of the powers conferred by the proviso to article 309 of the Constitution, the President hereby makes the following rules further to amend the Ex-servicemen (Re-employment in Central Civil Services and Posts) Rules, 1979, namely:-
    1.
    (1) These rules may be called the Ex-servicemen (Re-employment in Central Civil Services and Posts) Amendment Rules, 2012.
    (2) They shall come into force from the date of their publication in the Official Gazette.
    2. In the Ex-servicemen (Re-employment in Central Civil Services and Posts) Rules, 1979
    (I) in rule 2, for clause (c), the following clause shall be substituted, namely:-
               (c) An ‘ex-serviceman’ means a person -
                          (i) who has served in any rank whether as a combatant or non­combatant in the Regular Army, Navy and Air Force of the Indian Union, and                                                                                                                                 
                                       (a) who either has been retired or relieved or discharged from such service whether at his own  request or being relieved by the employer after earning his or her pension; or                                 
                                      (b) who has been relieved from such service on medical grounds attributable to military service or circumstances beyond his control and awarded medical or other disability pension; or
                                        (c) who has been released from such service as a result of reduction in establishment;
    or
    (ii) who has been released from such service after completing the specific period of engagement, otherwise than at his own request, or by way of dismissal, or discharge on account of misconduct or inefficiency and has been given a gratuity; and includes personnel of the Territorial Army, namely, pension holders for continuous embodied service or broken spells of qualifying service;
    or
    (iii) personnel of the Army Postal Service who are part of Regular Army and retired from the Army Postal Service without reversion to their parent service with pension, or are released from the Army Postal service on medical grounds attributable to or aggravated by military service or circumstance beyond their control and awarded medical or other disability pension;
    or
    (iv) Personnel, who were on deputation in Army Postal Service for more than six months prior to the 14th April, 1987;
    or
    (v) Gallantry award winners of the Armed forces including personnel of Territorial Army;
    or
    (vi) Ex-recruits boarded out or relieved on medical ground and granted medical disability pension.
    (2) for rule 3, the following rule shall be substituted, namely:-
    "3. Application – These rules shall apply to all the Central Civil Services and Posts and the posts upto the level of Assistant Commandant in all paramilitary forces."
    (3) in rule 4,-
    (a) for sub-rule(I), the following sub-rule shall be substituted, namely:-
    "(i) Reservation of vacancies: — Ten per cent of the vacancies in the posts upto of the level of the Assistant Commandant in all para-military forces, ten per cent of the vacancies in Group ‘C’ posts; and twenty per cent of the vacancies in Group ‘EY posts, including permanent vacancies filled initially on a temporary basis and temporary vacancies which are likely to be made permanent or are likely to continue for three months and more, to be filled by direct recruitment in any year shall be reserved for being filled by ex- servicemen."
    (b) for sub-rule(2), the following sub-rule shall be substituted, namely:-
    "(2) The Scheduled Castes, the Scheduled Tribes and the Other Backward Class candidates selected against the vacancies reserved for ex-servicemen .shall be adjusted against vacancies reserved for Scheduled Castes, Scheduled Tribes and Other Backward Classes, respectively:
    Provided that if a the Scheduled Caste or the Scheduled Tribe or the Other Backward Class ex-servicemen is selected against the vacancy reserved for ex-servicemen and vacancy reserved for the Scheduled Castes or the Scheduled Tribes or the Other Backward Classes, as the case may be, is not available to adjust such ex- serviceman, he shall be adjusted in future against the next available vacancy reserved for the Scheduled Castes or the Scheduled Tribes or the Other Backward Classes, as the case may be."
    (c)
    after sub-rule (3), the following proviso shall be substituted, namely:-
    "Provided that in case of recruitment to the vacancy reserved for Ex-servicemen in the Central Para Military Forces, the reserved vacancy remained unfilled due to non-availability of eligible or .qualified candidates, the same shall be filled by candidates from non-ex-servicemen category".
    (4) for rule 5, the following rule shall be substituted, namely:-
    "(5) (a)
      For appointment to vacancies in Group B(Non-Gazetted), Group C or Group D posts in Central Government, an ex- serviceman shall be allowed to deduct the period of actual military service from his actual age and if the resultant age does not exceed the maximum age limit prescribed for the post for which he is seeking appointment by more than three years, he shall be deemed to satisfy the condition regarding age limit.
    (b) For appointment to any vacancy in Group A and Group B services or posts filled by direct recruitment otherwise than on the results of an Open All India Competitive Examination, the upper age limit shall be relaxed by the length of military service increased by three years in the case of ex- servicemen and commissioned officers including Emergency Commissioned Officers or Short Service Commissioned Officers.
    (c) For appointment to any vacancy in Group A and Group B services or posts filled by direct recruitment on the results of an All India Competitive Examination, the ex- servicemen and Commissioned Officers including Emergency commissioned Officers or Short Service Commissioned Officers who have rendered at least five years military services and have been released -,
    (i)on completion of assignment (including those whose assignment is due to be completed within one year) otherwise than by way of dismissal or discharge on account of misconduct or inefficiency; or
    (ii) on account of physical disability attributable to military service or on invalidment, shall be allowed maximum relaxation of five years in the upper age limit.

    'Lot of work remains for meeting demands of ex-servicemen' Air Chief Marshal N A K Browne



    'Lot of work remains for meeting demands of ex-servicemen'



    The Rs 2,300 crore package announced by the government for ex-servicemen was a "small incremental change" and a lot of work is still to be done, Air Chief Marshal N A K Browne said today.
    "You have already heard the views of the ex-servicemen on the issue and this is just being the small incremental change that has taken place. It is not the final OROP (One Rank One Pension) that ex-servicemen are seeking. Only the fixation issues have been changed and much more work is still to be taken," the IAF Chief said here.
    The government had announced a package of Rs 2,300 crore towards meeting the pension demands of the armed forces last month, but ex-servicemen groups and associations had expressed disappointment over the step and termed it as an eyewash.


    The Services have been demanding anomalies and issues over pay and pension be addressed by the Centre and have been writing letters to it.
    Recently, Defence Minister A K Antony had termed the Rs 2,300 crore package as an ongoing process towards meeting the OROP demand of ex-servicemen.




    http://www.business-standard.com/generalnews/news/lotwork-remains-for-meeting-demandsex-servicemen/64915/
    .

    Wednesday, 3 October 2012

    Defence Line - One Rank One Pension - 29 Sept 2012 - Part 2


    Defence Line - One Rank One Pension - 29 Sept 2012 - Part 2

     
    1,8