X GROUP PAY CASE OF TECHNICAL AIR VETERANS ASSOCIATION TAKEN UP TODAY IN HSC, NOTICE ISSUED TO MOD & OTRHERS, TAGGED TO WP(C) 796 OF SUSHIL KUMAR CHOUDHARY & OTHERS

TECHNICAL AIR VETERANS X GROUP CASE LISTED FOR 08/12/2023 IN SUPREME COURT

Diary No.- 42194 - 2023

TECHNICAL AIR VETERANS WELFARE ASSOCIATION 

           vs.

 UNION OF INDIA

Case Details

Diary No.

42194/2023 Filed on 10-10-2023 07:21 PMPENDING  

Case No.

W.P.(C) No. 001324 - / 2023  Registered on 25-11-2023

(Verified On 01-12-2023)

Present/Last Listed On 08-12-2023 [HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE J.B. PARDIWALA and HON'BLE MR. JUSTICE MANOJ MISRA] [CL.NO. : 4]

Status/Stage PENDING (Motion Hearing

[FRESH (FOR ADMISSION) - CIVIL CASES])

Tentatively case may be listed on (likely to be listed on) 08-12-2023 (Computer generated)

Category 3900-Matters Pertaining To Armed Forces & Paramilitary Forces

Act

Petitioner(s)

  1 TECHNICAL AIR VETERANS WELFARE ASSOCIATION

  THROUGH ITS PRESIDENT- SH. SUKHDEO BHAGAT REGISTRATION NO. GHA/03481/2023-24 SF-2, SURYA APARTMENT, PLOT 8/5, SECTOR-3 RAJENDER NAGAR, SAHIBABAD, GHAZIABAD UTTAR PRADESH ,GHAZIABAD , UTTAR PRADESH

Respondent(s)

  1 UNION OF INDIA

  SECRETARY MINISTRY OF DEFENCE, SOUTH BLOCK, NEW DELHI , DISTRICT: NEW DELHI ,NEW DELHI , DELHI

  2 MINISTRY OF DEFENCE

  Represented by the Defence Secretary DEPARTMENT OF DEFENCE, SOUTH BLOCK, NEW DELHI ,NEW DELHI , DELHI

  3 MINISTRY OF FINANCE

  Represented by the Secretary DEPARTMENT OF EXPENDITURE, NORTH BLOCK, NEW DELHI ,NEW DELHI , DELHI

  4 CONTROLLER GENERAL OF DEFENCE ACCOUNTS

  Through Office of the Controller General of Defence Accounts ULAN BATAR ROAD, PALAM, DELHI CANTONMENT NEW DELHI ,NEW DELHI , DELHI

Pet. Advocate(s)

  ABHISHEK CHANDRA MISHRA

Ex-servicemen squat on rail tracks for 12 hours in Punjab's Patiala; train movement hit

 The movement of trains going towards Delhi, Jammu and Amritsar has been affected due to the protest, say officials.

A group of ex-servicemen squatted on railway tracks at Shambhu railway station when they were stopped from heading to Delhi for a protest over alleged anomalies in the ‘One Rank One Pension’ scheme, in Patiala, November 25, 2023

PTI

Patiala, November 25

A group of ex-servicemen squatted on railway tracks at the Shambhu railway station in this Punjab district for nearly 12 hours on Saturday when they were stopped from heading to Delhi for a protest over alleged anomalies in the “One Rank One Pension” (OROP) scheme, officials said.

The protest affected the train movement on the section, the Government Railway Police (GRP) officials said.

After being assured by officials from the district administration that the governor would meet them, the protesters lifted the dharna at about 4:30 pm, they added.

Some of the protesters had said earlier in the day that they were headed to Delhi on various modes of transport when they were stopped by police from entering Haryana via the Shambhu border.

A GRP official said the movement of trains going towards Delhi, Jammu and Amritsar was affected due to the protest.

“The dharna has been lifted and normal movement of trains restored,” he said.

Sources said around 250 ex-servicemen sat on the dharna at the railway station in the morning, but their number increased later on.

SABKA SANGARSH COMMITEE WHO SPEAR HEADS RAIL ROKO AGITATION MET GOVERNER OF PUNJAB TODAY ON THE ADVICE OF CHIEF MINISTER OF PUNJAB AT CHANDIGARH

EX-SERVICEMEN IN PUNJAB SITS IN RAIL TRACK IN SUPPORT OF OROP ANOMALIES RECTIFICATION

A HIDDEN AND SHOCKING TRUTH REGARDING DEFENCE PENSION

Non-Compliance' With AFT Order On Pension - Punjab & Haryana HC Issues Contempt Notice To Sr. Defence Ministry Official

The Punjab and Haryana High Court has issued a notice for contempt against Alka Sharma, principal integrated financial adviser at the Ministry of Defence (MoD) and Major General Ashok Singh, the additional director general of personnel services.

The bench of Justice Arvind Singh Sangwan issued the notice Friday. The issue pertains to the matter of retirees of the rank of honorary naib subedars who were not paid interest on their pension arrears as directed by the
Armed Forces Tribunal (AFT) in 2017.

After repeated non-compliance and non-appearance of the concerned officers, the Chandigarh bench of the AFT issued notice for contempt and arrest warrants against the officers. The MoD then approached the high court against the warrants and the contempt proceedings.

Recording the undertaking that the MoD would comply with the orders of AFT by August 30, 2023, a division bench had then directed that the warrants would be kept in abeyance in case the concerned officers filed an affidavit of compliance by personally appearing in the AFT on the date fixed.

Though the officers then appeared in the AFT, the compliance affidavit was not filed, and rather, on the application of one of the officers, Alka Sharma, the contempt case itself was later transferred from the Chandigarh bench to the principal bench in by the AFT chairperson.

The main petitioner, Honorary Naib Subedar Roop Lal, a senior citizen, approached the high court under contempt jurisdiction stating that the undertaking made before the division bench was flouted by the officers and that the contemnors by getting the case transferred to Delhi have succeeded to oust the jurisdiction of the Punjab and Haryana High Court, which had passed orders for compliance.

It has also been stated that the high court orders had regrettably not been taken note of by the AFT chairperson while transferring the case and that the orders of a constitutional court (high court) have been circumvented by an administrative order by the chairperson of a statutory tribunal, that too, without notice to the affected party.

The contempt petition has been filed by AS Narang, Rajesh Sehgal and Bhim Sen Sehgal, advocates for the petitioner.

TECHNICAL AIR VETERANS WELFARE ASSOCIATION FILES WRIT PETION IN SUPREME COURT AGAINSR CUT OFF DATE FOR X GROUP PAY

Supreme Court stays Justice DC Chaudhary transfer to AFT Kolkata bench; seeks explanation from AFT Chairperson

The Supreme Court on Monday effectively stayed the transfer of Armed Forces Tribunal (AFT) judicial member Justice Dharam Chand Chaudhary from the principal bench at Chandigarh to the Kolkata bench of the tribunal.

A Bench of Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra also sought an explanation for the transfer from the AFT Chairperson. It said in its order,

"We direct that AFT Chairperson in a sealed cover informs the Supreme Court Registrar as to why the transfer was given effect to. Pending further orders Shri Chaudhary need not assume charge in Kolkata. The execution applications being heard in Chandigarh shall not be disposed of without leave of this court."

It went on to note,

"Ordinarily, this Court is circumspect in interfering with orders involving transfers. But here a judicial member of AFT has been transferred from Punjab to Kolkata. Bearing in mind the conventional wisdom by which the excercise of power of judicial review is subject to self imposed restraints it is needed to note the grievance of the Bar Association."

The Court was hearing a plea by the AFT Bar Association at Chandigarh seeking a stay on the transfer order issued by the AFT Chairperson. The Association had alleged that the transfer was a consequence of the strict orders passed by Justice Chaudhary against senior government officials of the Ministry of Defence (MoD).

The Bar Association has been on indefinite strike to protest the transfer of Justice Chaudhary, which it termed a "direct assault on the independence of the judiciary."

While transferring Justice Chaudhary, the Chairperson had also transferred to himself the contempt case filed against a Defence Accounts Department officer for failing to implement judgments of the Supreme Court, a case that was slated to be heard by Justice Chaudhary before his transfer.

After hearing arguments highlighting this chain of events, the Bench noted,

"Petitioner submits that transfer is mala fide and this needs to be appreciated at a correct stage. At this stage it appears that orders passed since December required Centre to comply. In these circumstances, the transfer would merit close scrutiny. The transfer of a judicial officer in the background where he was dealing with applications seeking compliance of orders for pension to Naib subedars."

The Bar Association also argued that the control of the Union Defence Ministry over the AFT is contrary to Constitution Bench judgments of the Supreme Court. The Court issued notice in the plea, and directed that the AFT Chairperson's report be submitted before the next date of hearing, on Friday, October 13.

The AFT Bar Association had penned a strongly-worded letter to the CJI on September 25, and decided to indefinitely abstain from work as a mark of protest against the transfer.

Thereafter, the AFT bar associations at Jammu and Lucknow also expressed solidarity with the AFT Chandigarh Bar Association in objecting to the transfer of Justice Chaudhary.

More bar associations have since joined in supporting the AFT Chandigarh Bar Association in its protest.

These associations include the district bar associations in Chandigarh, Panchkula and Kurukshetra, and the Veteran Air Warrior Association in Haryana.

The Central Administrative Tribunal (CAT) Bar Association is the latest association to join the protest against the transfer.

The Bar Assocation had written another letter to the CJI, alleging that Defence Minister of India Rajnath Singh openly admitted to interfering in the transfer of Justice Chaudhary.

The letter claims that during an event conducted by the Defence Accounts Department on October 1, the Minister openly acknowledged the Ministry's involvement in the transfer just before a contempt case was to be heard.

The letter also referred to the Minister urging members and the Chairperson of the AFT a few days earlier to slow down case disposal, stating that "justice hurried is justice denied."

FILE PHOTOS FROM JOVA AGM HELD ON 08/10/2023

SUPREME COURT JUDGEMENT IN MANY CASES DO NOT IMPLIMENTED FOR ALL

TECHNICAL AIR VETERANS FLOATS A NEW ASSOCIATION TO SAFE GUARD THEIR X GROUP PAY

Technical Air Veterans Welfare  Association is a PAN India Association of 'X' Group Technical Air Veterans (AC to MWO). If eligible, join us by paying a Life Membership Fee of ₹500/-.

Steps to be followed for filling up of Membership Form:

1) Remit Rs. 500/- to TAVWA's Bank Account.  

Bank Account Details:

Account No: 3709002100113326

IFS Code: PUNB0370900

Bank: PNB

Branch: GT Road, Sahibabad, Ghaziabad- 201005 

& note down the transaction reference number.

2) Scanned copies of your PP Size Photo and ESM ID Card are to be kept ready.

And then,

3) Click the below Join Button & start filling the Membership Form.

4) Verify the filled Data and if correct, submit the application using Submit Button.

The wait is now over. We are launching our user friendly membership application form in a few minutes. Please follow the instructions and easily complete the form and submit. We request your en-masse participation in the membership drive of our own exclusive Technical Air Veterans Welfare Association, to take forward its aims and objectives.

Friends, for the time being we are restricting the membership to the Pre 2016 X group fraternity only. And, soon we will invite our Post 01.01.2016 retired esteemed members also to join our association. Please bear with us till then.

Further please note that Veterans who filed litigation in any AFT/High court/Supreme Court individually or through any organisation are requested NOT TO BECOME MEMBER OF THE ASSOCIATION NOW

AIR HQ REPLY TO RTI APPEAL ON X GROUP PAY ANOMALY

AVERAGE OF MAXIMUM MINIMUM FOR HAVILDAR X GROUP PAY 6200 ACROSS 3 SERVICES - AN INJUSTICE TO PBOR VETERANS

OROP DATA OF 2018 TKEN FOR PBOR

OROP DATA OF 2018 PPO WISE FOR PBOR

OROP X PAY CASE - NOTICE RETURNABLE BY 22/09/2023 ISSUED TO MOD AND OTHERS

X GROUP PAY WRIT PETITION ADMITTED IN HSC & NOTICE ISSUED TO MOD, NEXT DATE OF HEARING ON 22/09/2023

AIR HEADQUARTERS AGREES TO THE ANOMALY OF X GROUP IN TABLE 8 OF OROP-2

INDIA BEYOND THE SENTIMENTS, COUNTRY IS LIKELY TO FACE A FRAGMENTED POLITY AND A KICHADI GOVT AT CENTER AFTER 2024 GENERAL ELECTION

  The following factors that contributed to the loss of power to the ruling party in Himachal Pradesh and Karnataka.

The ruling party lost more than 50 assembly seats by a margin of less than 1000 votes and 33 seats by a margin of less than 500 votes in elections to above states. The political analysts have done their statistical work on this and found the reason to be the polarisation of votes of middle-class population, farmers, Agricultural workers, ex-servicemen, financial sector retirees, and serving employees of central and state governments against the ruling party. As per experts in this field, this phenomenon is likely to be repeated in the coming elections to the assemblies of Rajasthan, MP, and Chhattisgarh and in the Lok Sabha election to be held in May 2024. “In the words of a Senior Political analyst, the era of affixing votes based on sentiments only is over & the prevailing factors determines the voting pattern’.

The Reason for earning their Anger is as follows.

1) Middle class.

The middle class of society is the worst hit by the rise in taxes, bearing the burden of a high rate of tax since they depend on income from employment and are the major consumers of the products available in the market.

2) Farmers.

They are a population that mostly depends on nature for their livelihood, and their income is flexible due to fluctuations in market conditions. Their agricultural products are not protected from hoardings by middlemen, and the MSP given is unscientific.

 3) The other ranks of ex-servicemen, who form a major chunk of the ex-servicemen community, are agitated over the discriminatory treatment meted out to them on the implementation of OROP.

4)Financial sector retirees in banks, LIC, GIC, etc. are agitated and alienated from the ruling party for their failure to implement their long-pending demand for pension updation.

5)The serving employees are up in arms against the ruling party for their failure to comply with their demand of going back to OPS, which has already been rolled back in many opposition-ruled states as a poll promise. The

6)Social Security Scheme Promise in the Election Manifestos of Opposition Parties have yielded a good result in recently held Assembly elections. The pension to housewives, old age pension, widow pension, and unemployment compensation have large takers within the middle class.

7) Taking a clue from the trend in the recent Assembly elections and exit poll prediction for those states that are going to polls very soon, many central Bureaucrats have already switched their loyalty to opposition leaders, as witnessed in the initial period of the Second World War, in which Bureaucrats of British India switched loyalty to Germans. Presently, they are found to be repeating the same and have started taking orders from the leaders of the opposition party and extending a helping hand to them.

8) The combined effort of the above factors may cost much to the ruling party in the upcoming elections in those states that are likely to go to the polls soon. If things move in this direction as planned by the opposition parties, they are likely to make larger poll promises, which are likely to be attracted by the middle-class sections of society.

9) If such a volatile political situation arises, there is likely to be a fragmented polity in India after the next general election and a Kichadi government at the centre, always targeting the prosecution of leaders of the present ruling party rather than concentrating on administration. This may also cause great damage to the already well-built Indian economy, progress made in the defence research field, and other developments in science and technology.

10) If the ruling party does not mend its ways & find ways to regain support of the above sections of society, it will be very difficult for them to defend combined onslaught of opposition and to come to power in the center for the third time in 2024.

(An independent political analysis without bias or prejudice towards anyone.)

"An article on Indian Polity beyond sentiments"

By M B C Menon

Blogger & Columnist

IMPRESSIVE SHOW OF STRENGTH BYB FEDERATION OF VETERANS AT JANTAR MATAR ON 23rd JULY 2023

SPECTACULAR SHOW OF STRENGTH BY VETERANS AT JANTAR MANTAR IN SUPPORT OF THEIR DEMANDS

OROP X GROUP CASE POSTED FOR ADMISSION HEARING ON 05/07/2023

BEYOND THE SENTIMENTS, COUNTRY IS LIKELY TO FACE A FRAGMENTED POLITY AND A KICHADI GOVT AT CENTER AFTER 2024 GENERAL ELECTION

 The following factors that contributed to the loss of power to the ruling party in Himachal Pradesh and Karnataka.

The ruling party lost more than 50 assembly seats by a margin of less than 1000 votes and 33 seats by a margin of less than 500 votes in elections to above states. The political analysts have done their statistical work on this and found the reason to be the polarisation of votes of middle-class population, farmers, Agricultural workers, ex-servicemen, financial sector retirees, and serving employees of central and state governments against the ruling party. As per experts in this field, this phenomenon is likely to be repeated in the coming elections to the assemblies of Rajasthan, MP, and Chhattisgarh and in the Lok Sabha election to be held in May 2024. “In the words of a Senior Political analyst, the era of affixing votes based on sentiments only is over & the prevailing factors determines the voting pattern’.

The Reason for earning their Anger is as follows.

1) Middle class.

The middle class of society is the worst hit by the rise in taxes, bearing the burden of a high rate of tax since they depend on income from employment and are the major consumers of the products available in the market.

2) Farmers.

They are a population that mostly depends on nature for their livelihood, and their income is flexible due to fluctuations in market conditions. Their agricultural products are not protected from hoardings by middlemen, and the MSP given is unscientific.

 3) The other ranks of ex-servicemen, who form a major chunk of the ex-servicemen community, are agitated over the discriminatory treatment meted out to them on the implementation of OROP.

4)Financial sector retirees in banks, LIC, GIC, etc. are agitated and alienated from the ruling party for their failure to implement their long-pending demand for pension updation.

5)The serving employees are up in arms against the ruling party for their failure to comply with their demand of going back to OPS, which has already been rolled back in many opposition-ruled states as a poll promise. The

6)Social Security Scheme Promise in the Election Manifestos of Opposition Parties have yielded a good result in recently held Assembly elections. The pension to housewives, old age pension, widow pension, and unemployment compensation have large takers within the middle class.

7) Taking a clue from the trend in the recent Assembly elections and exit poll prediction for those states that are going to polls very soon, many central Bureaucrats have already switched their loyalty to opposition leaders, as witnessed in the initial period of the Second World War, in which Bureaucrats of British India switched loyalty to Germans. Presently, they are found to be repeating the same and have started taking orders from the leaders of the opposition party and extending a helping hand to them.

8) The combined effort of the above factors may cost much to the ruling party in the upcoming elections in those states that are likely to go to the polls soon. If things move in this direction as planned by the opposition parties, they are likely to make larger poll promises, which are likely to be attracted by the middle-class sections of society.

9) If such a volatile political situation arises, there is likely to be a fragmented polity in India after the next general election and a Kichadi government at the centre, always targeting the prosecution of leaders of the present ruling party rather than concentrating on administration. This may also cause great damage to the already well-built Indian economy, progress made in the defence research field, and other developments in science and technology.

10) If the ruling party does not mend its ways & find ways to regain support of the above sections of society, it will be very difficult for them to defend combined onslaught of opposition and to come to power in the centre for the third time in 2024.

(An independent political analysis without bias or prejudice towards anyone.)

"An article on Indian Polity beyond sentiments"

By M B C Menon

Blogger & Columnist

A TRUE REPRESENTATION OF ACTUAL FACTS

AICTE RECOGNITION FOR AIR FORCE TRADES FROM 2003

Lack of transparency, bureaucratic apathy in 'One Rank One Pension' calculation angers veterans

 New Indian Express :Published: 11th June 2023 08:06 AM  |  

NEW DELHI:  Lack of transparency and bureaucratic apathy in the calculation of One Rank One Pension (OROP) has embittered the retired junior commissioned officers and personnel of other ranks. Subedar Major Sukhdev Singh (Retd) says: “Out of Rs 23,000-crore OROP fund, officers consume over 85 per cent and the remaining by the other ranks – Sepoy and Havildars. We, junior commissioned officers, get nothing.”

Sukhdev is one among the soldiers from across the country protesting the anomalies in the pension scheme. They blame the officers for consuming most of the funds. But the Services – Army, Navy and Airforce – have no stake in deciding the pension things, according to sources.

The Controller General of Defence Accounts (CGDA), Principal Controller of Defence Accounts (PCDA Pension) and the Department of Ex-Servicemen Welfare (DESW) in the defence ministry decide and calculate the pension amount for soldiers. On the issue of pension fixation, there is a tug of war for data, which is several years old, between departments in the defence ministry as well as the Defence Services.

“The data have been sought from the ministry since 2015-16, but still not provided to them. The Services headquarters wanted to know the methodology adopted in the calculation of OROP,” a source in the defence establishment said.

Arrears of approximately Rs 23,638 crore, effective from July 1, 2019, to June 30, 2022, was calculated. It is expected to benefit more than 25.13 lahks, including over 4.52 lakh new beneficiaries, including family pensioners.

The government implemented OROP in 2015 and tables for the fixation of pensions were issued in 2016 with a decision to review it every five years. In December 2022, the government approved the revision on the basis of the average minimum and maximum pension of defence forces retirees of the calendar year 2018 in the same rank with the same length of service.

Opacity in arriving at the average OROP pension after the second revision is another issue that was highlighted by a source. There is an anomaly at multiple levels, including clubbing of retired personnel with services varying between 15 and 18 years and giving the same pension. Data here is referred to the number of Havildars, Naib Subedars, Sepoys and others who retired in the same rank and length of service and what is the maximum and minimum amount taken in its calculation.

“While the pension authorities have clubbed the pensions for people serving between 15 and 18 years, there exists problems for the soldiers granted Honorary Ranks,” said another source. “The OROP-2 can be seen as a perfect example of bureaucratic apathy and lethargy,” said the second source as “ the Services having no role in deciding the pension amount yet they are facing the brunt of the aggrieved pensioners”.

Since 2015, the Indian Army and its sister organisation -- Indian Air Force and Indian Navy, have been continuously flagging off the issues to the ministry of defence for clarity on it. “No response has been provided yet.”

On being asked about its resolution, the sources added that the Services Headquarters thinks that transparency is the way ahead in removing the anomalies. “We also want to know the basis of formulation of the table that decides the pension.” It is pertinent to mention that rank and length of services are being considered for deciding the pension amount. 

SORE POINTS

Lion’s share for officers 
Of Rs 23,000-crore OROP fund, officers consume over 85% and remaining by the other ranks – Sepoy and Havildars. Junior commissioned officers get nothing, said a subedar

Elusive Data
On the pension fixation front, there is a tug of war for data which is several years old. The data have been sought from the ministry since 2015-16, but still not provided. The Services headquarters wanted to know the methodology adopted for the calculation of OROP.

Rs 23,638 crore 
is the arrears calculated, with effective from July 1, 2019 to June 30, 2022 was calculated. It is expected to benefit more than 25.13 lakh, including over 4.52 lakh new beneficiaries and armed forces pensioners/family pensioners.

Honorary Ranks 
Authorities have clubbed the pensions for people serving between 15 and 18 years, but there exists problems for soldiers granted Honorary Ranks 

Obscurity in calculation
Opacity in arriving at the average OROP after the second revision. There is anomaly at multiple levels, including clubbing of retired personnel with a service of between 15 and 18 years and giving the same pension.

---

 

WRIT PETITION FILED IN HSC BY 'X' GROUP VETERANS OF NAVAL ARTIFICERS

ADDITIONAL POINTS FOR FILING WRIT PETITION IN HSC UNDER ARTICLE 32

 Why directly filing Writ Petition in HSC under Article 32?

This Petition is arising out of the misconception by MOD regarding the applicability of X Group Pay of Rs.6200 to Pre-2016 Veterans, consequent to the implementation of HSC laid down principles in Judgement delivered by HSC in WP(C) 419/2016.

Since a disputed Subject contained Judgement of HSC cannot be challenged in HC under Article 226, we are approaching this Apex court to deliver a Speedy judgement in the disputes raised by MOD in an already settled & long debated casein in this Apex court.

2) The Petitioners being very old & many of them are in their last leg of life due to the long-time taken for the final judgement in original case WP (C) 419/2016.

3) The Petitioners are satisfied and in full agreement with the modalities & Methodology adopted in the Original OROP Notification dated 07/11/2015.

4) The Petitioners are also satisfied and in full agreement with the modalities & methodology adopted in OROP revision Notification dated 04/01/2023

5) The Petitioners are also highly pleased by the principles laid down by the HSC in Judgement of WP (C) 419/2016.

6) However, the Petitioners are aggrieved by the Arbitary and discriminatory treatment meted out to them during the implementation of the above two notifications & HSC laid down principles in WP (C) 419/2016.

The modalities & Methodology contained in the above two Notifications do not have any provision for cut-off dates as Pre & Post 2016 for any benefits.

However, it is a fact that Para 48 i) &ii) have allowed cut-off dates only for MACP which is misused as a tool to introduce a cut-off date in X Group Pay which recommended to be bifurcated based on qualification only by the 7 TH CPC and approved by the union cabinet in Para 4 a) of the cabinet resolution dated 05/09/2016.

7) The Direction set by the HSC in 48 i) is Regarding MACP with Example & 48 ii) is a natural continuation of 48 i) and both should be read together to get a meaning that MACP cannot have retrospective effect. Para 48 ii) cannot be segregated from Para 48 i) to get a universal application of Para 48 ii) for other components which are approved to be based on qualification,

Para ii) has been misinterpreted by MOD with a universal application as a new benefit to deny X Group Pay of 6200 to X group Veterans.

8) The MACP as mentioned in para 48 i) and ii) of Judgement in WP (C ) 419/2016 is based on Number of years of qualifying service ( viz 8,16,24) in leu of not being promoted to next cadre, where as X group pay is purely based on qualification.

9)The X Group Pay of Rs.6200 was duly Recommended by the 7th CPC & approved by Cabinet resolution 4 a) dated 05/09/2016 based on qualification only & no mention of it was either made by Petitioners or the respondents in their petitions during the arguments in WP (C) 419/2016. The HSC Observations & any part of HSC Judgement also do not mention the X group pay and its bifurcation between Post & Pre 2016.

10)This Petition Pray for the intervention of this highest court of justice in this discrimination meted out to the former soldiers of the country and to restrain Gross violation of Cabinet Resolution by MOD & Misinterpretation of Para 48 i) ii) of HSC judgement in WP© 419/2016, hence the need for approaching this Highest court of Justice of the land with a writ P0etition under Article 32 of the constitution.

AN AUDIO VISUAL TRUE AND FAIR REPRESENTATION OF AN INJUSTICE METED OUT BY INDIAN VETERAN SOLDIERS & THE BRUTAL JUSTIFICATION BY DESW

PARAWISE REBUTTAL TO DESW DESPARATE LETTER DATED 18/05/2023 REGARDING TABLE NO 8 OF CIRCULAR 666

 1)     This Department has been receiving several representations of pre-01.01.2016 retirees for making them eligible for revised Group X Pay of Rs. 6200/- which was granted to post-01.01.2016 retired PBORs in implementation 7^th CPC recommendation.

Counter

This is a statement contrary to fact, which can be established with documentary evidence. It is repeatedly alleged by DESW Abintio that the CPC has granted X Group Pay of Rs. 6200 to Post 01/01/2016, the actual fact being negative. Even if this statement is taken into consideration for academic interest, the 7^th CPC itself is not authorised to grant any benefits to Central or Defence employees or veterans. Its recommendation, like the recommendation of any other commission, is recommendatory in nature, which may or may not be accepted by the cabinet since it is not legally binding on the executive. It remains a fact that the entire 7th CPC recommendation was not accepted by the cabinet. Hence, the cabinet-approved recommendations of the 7^th CPC in the cabinet resolution dated September 5, 2016, are only applicable to the defence forces, which are specifically sanctioned for them by the cabinet. Given the fact that the benefits granted under the cabinet-approved recommendations of the 7^th CPC are equally applicable to post- and pre-2016, the relevance of the date 01/01/2016 is only for the purpose of the effective date for both pre- and post-2016.

Paragraph 4(a) of the above cabinet resolution does not divide the veterans between pre- and post-2016. It only divides veterans, whether serving or not, on the basis of their qualification by AICTE or an equivalent qualification by AICTE for the purpose of X Group Pay of Rs. 6200.

There is a deliberate attempt by DESW to distort the recommendations of the 7^th CPC and Cabinet Resolution by denying the enhanced rate of X group pay of Rs. 6200 to pre-2016 veterans. Many AICTE Diploma candidates were directly recruited by the Indian Air Force to technical trades from 1972 onwards, and in-house trained recruits in Air Force institutes were given AICTE equivalent diplomas to all those who passed out of in-house institutes.

2.As per recommendations of the 6^t* CPC, groups X and Y were given a common pay scale w.e.f. 01.01.2006, i.e. they ard at the samé notches in Pay Bands 1 and 2 and receive the same grade pay, with one distinguishing feature viz, ‘X-pay’ to those in Group X.

 

Counter

The concept of X group Pay in Armed forces was conceived for the first time by 6th CPC, abolishing Pay scale differences among the X GP trades and other groups (Y & Z). All the Groups were brought under one pay scale, and X Group pay of Rs1400 was recommended as compensation for technical Trades of Armed Forces, at Par with Civil diploma holder. The formula adopted was the difference in Grade Pay of 2800 in PB1 & Grade of 4200 in PB2 of 6 CPC Pay structure, that is 4200-2800=1400, (6 CPC recommendation (Para 2.3.27)  and was accepted by the GOI. The Ministry of defence through its implementing agency, PCDA Allahabad has implemented the same without any cut of date for pre & post 2006.

 

3.The 7^th CPC vide para 6.2.88 of their Report have recommended:

(i)        X Pay for JCOs/ORs in Group X at Rs. 6200/- PM for all X trades which involve obtaining a qualification which is equivalent of a diploma recognized by AICTE. This amount is the difference in the minimum of the Pay level 6 (corresponding to Grade Pay of Rs. 4200/- in VI CPC) and Pay level 5 (corresponding to Grade Pay of Rs. 2800/- in VI CPC).

(ii)       X Pay for JCOs/ORs in Group X at Rs. 3600/- PM (standard fitment of 2.57 on the existing X pay of Rs. 1400), for those currently in X pay, but not having a technical qualification recognized by AICTE.

Counter

The above paragraphs are the actual facts with respect to the X Group Pay recommendation by the CPC. This portion of the recommendation has been approved by cabinet resolution as it is without any change under cabinet resolution in Paragraphs 4(a) and 4(b). There is no condition as to pre-2016 and post-2016 for X group pay of Rs. 6200 visibly seen neither in the above-mentioned 7^th CPC recommendations nor in the cabinet resolution.

Over & above Air HQ, which is the final authority for imparting training and issuing diplomas with respect to the technical trades of the Air Force X Group, Air HQ/99141/1/AFPCC dated May 8, 2017, has segregated only one of their X group trades, namely "GARUD," eligible for a lower X group pay of Rs. 3600 out of their 30 X group trades. Hence, this is a self-goal and contrary to what is mentioned in Para. 1 of the letter dated May 18, 2023.

 

4.The above recommendation of the 7^th CPC has been accepted by the Govt. and the X Pay of the X-Group personnel was revised accordingly, w.e.f. 01.01.2016. The recommendations of the 7^thCPC are applicable to those personnel who were in service on or after 01.01.2016 and drawing pay in the revised pay scales applicable w.e.f. 01.01.2016. The recommendations of the 7^t* CPC are not applicable to those who have already retired from service before 01.01.2016.

Counter

This Para 4 is contrary to what is mentioned in Para 3. The reason shown in this paragraph is that "the recommendations of the 7th CPC are applicable to those personnel who were in service on or after January 1, 2016, and drawing pay in the revised pay scales applicable w.e.f. January 1, 2016. This statement is an intentional misrepresentation of facts & procedures The recommendations of the 7th CPC are not applicable to those who have already retired from service before January 1, 2016." is not found in any authentic document of either the 7^th CPC or in the Cabinet-approved document of the 7^th CPC. It is intentionally inserted by the respondent to deny the benefit of X Group Pay of Rs. 6200 to pre-2016 veterans. If the recommendation of 7th CPC are not applicable to those who are retired prior to 01/01/2016, what was necessity of revising their Pension on Notional pay method by issuing new Pension Payment order and allowing them the benefit of X Group Pay of Rs 6200 & payment of arrears to them wherever Notional calculation method was more than 2.57 Method. 

                                        

5.Hence, there are two rates of X Pay w.e.f. 01.01.2016 for X-Group Personnel and they are eligible for pension as per reckonable emoluments drawn by them at the time of retirement from service. Reckonable emoluments towards pensionary benefits includes Pay in Pay matrix, Military Service Pay and X-Group Pay & Classification Allowance, if any, drawn by the JCOs/ORs. Accordingly, the JCOs/ORs who have drawn the X Pay of Rs. 6200/- during their service are eligible for benefits of the higher rate of X-Pay in pension also. Others are eligible for lower rate of X-Pay.

Counter

The above conditions given in Paragraph 5, that reckonable emoluments drawn by veterans during their service only are eligible for counting the same in pensionary benefits, are purely a sadistic conception and contrary to service pension rules and regulations. All veterans who retired earlier and are not drawing Military Service Pay or X Group Pay are granted Military Service Pay on the 6^th CPC implementation. This unauthorized and unwritten concept is illegal and cannot be applied to an institution that is an instrumentality of the state.

   

6.In the OROP revision w.e.f. 01.07.2019, the pension of all the Defence Forces pensioners/family pensioners has been re-fixed on the basis of the average of minimum and maximum pension of Defence Forces personnel retired in calendar year 2018 in the same rank with the same length of service. The scheme of two different rate of X Pay has been made operational from 01.01.2016 and the same can be applied prospectively. Hence, separates tables have been prepared for pre-01.01.2016 retirees and post- 01.01.2016 retirees. Pension Table No. 7 applicable for the personnel who retired before 01.01.2016 and table No. 8 has been prepared for those who have drawn the higher rate of X Pay i,e. Rs. 6200/- w.e.f. 01.01.2016.

COUNTER

The statements contained in this paragraph are based on the illegal and unwritten concept of vested interests without application of sound mind and in utter disregard for defence pension rules and regulations, treating veterans as soldiers of alien countries.

7.It may also be pointed out that Hon’ble Supreme Court in its order dated 16.03.2022 in WP(C) No. 419/2016 has observed that “It is not a legal mandate that the pensioners who held the same rank must be given the same amount of pension. The varying benefits that may be applicable to certain personnel which would also impact the pension payable need not be equalised with rest of the personnel.” Hon’ble Supreme Court has also observed that the benefit of new element in a pensionary scheme can be prospectively applied.

COUNTER

The above-mentioned portion of the judgement in WP (C) 419/2016 is quoted out of context here to justify an illegal atrocity committed against veterans. The above observation given in the judgement in the contest of MACP granted to certain veterans in lieu of promotion cannot be claimed by others.

The Direction issued by the HSC in 48 i) is Regarding MACP with Example & 48 ii) is a natural continuation of 48 i) and both should be read together to get a meaning that MACP cannot have retrospective effect. Para 48 ii) cannot be segregated from Para 48 i) to get a universal application of Para 48 ii) for other components which are approved to be based on qualification,

Para 48 ii) has been misinterpreted by MOD with a universal application as a new benefit to deny X Group Pay of 6200 to X group Veterans. The MACP as mentioned in para 48 i) and ii) of Judgement in WP (C ) 419/2016 is based on Number of years of qualifying service ( viz 8,16,24) in leu of not being promoted to next cadre, whereas X group pay is purely based on qualification.

The X Group Pay of Rs.6200 was duly Recommended by the 7th CPC & approved by Cabinet resolution 4 a) dated 05/09/2016 based on qualification only & no mention of it was either made by Petitioners or the respondents in their petitions during the arguments in WP (C) 419/2016. The HSC Observations & any part of HSC Judgement also do not mention the X group pay and its bifurcation between Post & Pre 2016.

 It is not applicable to a homogeneous group of similarly placed X-group veterans of the Indian Air Force. Hence, it is outside the ambit of the above observation made in the HSC judgement. Here, there is no involvement of a new element of benefit since it is an enhancement of an existing benefit, as followed from the 6th CPC to the 7th CPC.

 8.Further, Indian Ex-Servicemen Movement had filed MA No. 499/2023 in WP(C) No. 419/2016 for seeking intervention of Hon’ble Supreme Court in the matter. Hon’ble Court on 17.04.2023 has found the said MA misconceived and dismissed it accordingly in view of Hon’ble Supreme Court Judgement dated 16.03.2023.

 

COUNTER

A careful scrutiny of the HSC order without prejudice in dismissing the intervention Petition MA 499/2023, dated March 17, 2023, reveals that the court has not permitted a third party who tried to intervene in an already decided case to be dismissed as misconceived on technical grounds and that the court did not enter into the merits of the case.

CONCLUSION

 The above letter dated 18/05/2 023 issued by DESW gives rise to an impression that we are living in a totalitarian state where rule of law & court of law have no role to play.