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FlashFLASH**** UNION CABINET APPROVED OROP REVISION FROM 01/07/2019 & ARREARES WILL BE PAID IN FOUR INSTALLMENTS**** New ***** *UNION CABINET APPROVED OROP REVISION FROM 01/07/2019 & ARREARES WILL BE PAID IN FOUR INSTALLMENTS
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  • Friday 16 June 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

    Monday 12 June 2023

    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.


     

    Thursday 8 June 2023

    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.