SPEAKING ORDERS FOR ELIGIBILITY OF X PAY RS. 6200 TO PRE-2016 RETIRED X GROUP VETERANS

  Sequence of events Leading to issuance of 7^th CPC Circulars Authorising  X Group Pay 6200  to Pre-2016 X Group Retirees.

1) Recommendations by the 7th CPC vide Paras 6.2.87 and 6.2.88 regarding the revision of pension for pre-2016 retirees.CLICK

2) Government of India ,Ministry of defence Gazette Notification of Resolution No.1(7)/2016/D(Pay/Services)05/09/2016 vide Gazette SL No 02 Part 1 Section 3 dated 05/09/2016 in its Page 13 Annexure-1 Para 4(a) & Para (b)  approving the 7th CPC recommendations by the Union Government Pertaining to Group X Pay of Rs. 6200 & 3600 on the Basis of their Diploma Equvalency.CLICK

3) Air Headquarters, through Letter No. AIR HQ/99141/1/AFPCC dated 08/05/2017 Segregated the X Group trades for the Allocation of  higher & lower X Group pay of  6200 & 3600 Respectively as per Page 13 Annexute-1, Para 4 (a) & Para 4(b) oft the above Gazette Notification of  Resolution dated 05/09/2016 on the Basis of their Diploma Equivalency.CLICK

4) GOI.MOD Letter No. 17(01)/2017/(02)/D(Pension/Policy) dated 05/09/2017 for revision of pension of Pre-2016 Retirees in compliance with the Gazette Notification dated 05/09/2016.CLICK

5) PCDA Circular No. 585 dated 21/09/2017 in compliance with MOD letter dated 05/09/2017 for revision of pension of Pre-2016 Retirees.CLICK

6) MOD Letter No. 17(01)/2017/(02)/D(Pension/Policy) dated 17/10/2018 regarding notional pay fixation of pre-2016 retirees using concordance table.CLICK

7) PCDA Circular No. 608 dated 26/10/2018 containing concordance table for notional fixation of pension of Pre-2016 Retirees in compliance with MOD letter dated 17/10/2018.CLICK

 JUDICIAL PRECEDENTS

 In D.S. Nakara v. Union of India (1983), the Hon’ble Court held that: 

“a homogeneous class of pensioners cannot be fractured by an arbitrary cut-off.”

 In Col. B.J. Akkara v. Govt. of India (2006) 11 SCC 709, it was held:

“... computation of pension cannot apply unequal treatment merely by date of retirement. Enhanced benefits by subsequent amendment must uniformly apply to the class.”

 In Union of India v. Balbir Singh Turn (CA Diary No. 3744/2016), the Hon’ble Supreme Court ruled:

“A Cabinet/ Executive decision cannot be modified by an Administrative instruction. Any administrative instruction contrary to a Cabinet/Executive Resolution is ultra vires.”

Copy of Full Judgements 

1) D.S. Nakara v. Union of India (1983)

2) Col. B.J. Akkara v. Govt. of India (2006) 11 SCC 709

3) Union of India v. Balbir Singh Turn (CA Diary No. 3744/2016)

Following Administrative Orders issued in contravention of Government Decisions constitute an act of indiscipline, erode their own credibility and competence, and inevitably invite judicial rebuff.

1) Grossly Irresponsible and Discriminatory Advice Issued by DESW to CGDA Vide Para (b) Clarification on Page 2 Dated 08/04/2022, in Response to the Patently Frivolous and Baseless Clarifications Sought by CGDA Vide Their Letter Dated 22/03/2022. 

2) Discriminatory Administrative Orders Issued by DESW Dated 18/05/2023 in furtherance of their Ill-Conceived and arbitrary advice to CGDA Dated 18/04/2022

Air Headquarters Demonstrates Discipline, Courage and Adherence to Government Policy by Urging DESW to Reconsider Its Stand on the Eligibility of X Group Pay..

1) Air Headquarters, through Letter No. AIR HQ/99141/1/AFPCC dated 08/05/2017 Segregated the X Group trades for the Allocation of  higher & lower X Group pay of  6200 & 3600 Respectively as per Page 13 Annexute-1, Para 4 (a) & Para 4(b) oft the above Gazette Notification of  Resolution dated 05/09/2016 on the Basis of their Diploma Equivalency.

2) Air Head Quarters Letter to DESW to Re-consider X Pay of Rs.6200 to Pre-2016 X Group Veterans as per Govt Orders 

Consistent and Unambiguous Stand Taken by JCDA (AF), AFRO, and DAV — the Competent and Statutory Authorities Overseeing the Fixation of Pension for Air Veterans through the Issuance of PPOs, in Strict Adherence to Government Orders.

1) JCDA (AF) has authorised Pre-2016 Xgroup Air Veterans X Group Pay of Rs. 62OO by issue of EPPO, as Per PCDA Circular 608 dated 26/10/2018

2)JCDA (AF) has Revised the Pension of all Pre-2016 Air Veterans on the Basis of MOD Letter dated 17/10/2018 & PCDA Circular 608 dated 26/10/2018

Compiled by MBC Menon.