Details of discussion held between RM & the
 Team of Hon. Lt. Narsingh

 

 Moble: +919996694688                                                
  Nar Singh Dass, Ex- MCPO-1(Hony S/Lt),

 Email: narsinghkarhana@gmail.com               
   23   Nov, 2017

  To,

     Smt. Nirmala Sitharaman Ji,

     Hon’ble Raksha Mantri,

    104, South Block, Ministry of Defence,

    New Delhi-110011.

   Subject:-  List of anomalies, arising out of implementation of OROP and 7^th CPC.

Respected Madam,

       There are very serious anomalies in the pensions of Honorary Commissioned Officers/ Junior Commissioned Officers and Other Ranks of Army, Navy and Air Force on implementation of One Rank One Pension (OROP). There are some anomalies in implementation of 7^th CPC this includes lower Grade Pay/ Pay Level and incorrect calculation of Entry Level Pay for JCOs during 7^th CPC and previously also. List of anomalies are forwarded here with for your kind consideration and favorable action please:-

          ONE RANK ONE PENSION (OROP).

1.     Rounding of Qualifying Service:- Refer Para 10 and 11 of PCDA(P) Circular No.555 dated 4^th Feb, 2016 regarding Rounding of Qualifying Service. Qualifying Service is not uniform as per this Circular for Pre 22-04-1960, Post 22-04-1960, Post 28-06-1983, so there are 03 Pensioners categories created now with same Rank, same Group and same length of service for all Pre-2006 retirees. While calculating the length of qualifying service for all types of pensionary benefits a fraction of a year equal to 03 months and above but less than 09 months is treated as one half (1/2) year period, and 09 months or more but less than a year is treated as a completed one year for determining the amount of pension w.e.f. 28-06-1983. Prior to 28-06-1983, the broken

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period of service of 180 days or more is to be treated as one half (1/2) year wef. 22-04-1960. In view of above, if qualifying service has been mentioned as 17 years 10 months in PPO/Corr. PPO, it is rounded up to 18 years for post 28-06-1983 retirees, 17.5 years for pre- 28-06-1983 up to 22-04-1960 and 17 years for pre- 22-04-1960 retirees. But for Post 2006 it is based on just 50% of Last Pay Drawn, so likewise it is One Rank Four Pension for pre-2016.

 2.     Terms of Engagement:- Refer Para 7 and Appendix- X of PCDA (Pension) Circular No. 555 dated 4^th Feb, 2016 regarding Term of Engagement in case of HCO’s/ JCO’s/ OR’s of Army/Navy/Air Force. The Terms of Engagement is different in three Services. Terms of Engagement implies “Maximum Qualifying Service for grant of Service Pension”. Terms of Engagement from time to time keeps changing. It should be uniform across the three sister services.

  3.     Anomalies in the Service Pension Tables of Regular and TA  Subedars:- Refer Service Pension table No. 7 and 8 of Circular No. 555, as per these tables Service

Pension for the rank of Subedar Regular (Army/Navy/Air force) is less than the Subedar of Territorial Army (TA) as under:-

Rank              QS                Group              Regular                  TA

Subedar        28 to 29                  Y                        12268/-                  12660/-

Subedar        29.5                         Y                        12460/-                  12660/-

4.     Reservist Pensioners:- Refer Para 4, Sub Para 4.2 of PCDA(Pension) Circular No. 555 dated 4^th Feb, 2016 regarding Non- Applicability of pension to Reservist Pensioners. In

OROP this time Service Pension tables are prepared from 0.5 years onwards for all the ranks wef. 01-07-2014 except for Reservist Pensioners. Qualifying Service of a Reservist is always 10 years or more. There was no increase in the Service Pension of Reservists as per OROP. Their Pension was 3500/- in 6^th CPC and now it is only 9000/-

as per 7^th CPC. It is suggested that Reservist Pension should be increased to the QS of 10 years for ‘Y‘ Group Sepoy ie. 6188/- and if service is more than 10 years than it should be as per the table of Sepoy of ‘Y’ group as per Circular No. 555.

 5.     Base /Calendar Year:- Refer Para -3, sub Para -i of GoI, MoD, Dept. of Ex-Servicemen welfare letter No. 12(1)/2014/D(Pen/Pol)-part-II dated 7^th Nov, 2015

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 regarding Base/Calendar year 2013 for Re-fixing pension for OROP. By doing this we are at loss by one increment.  Base/Calendar year should be 2014 instead of 2013.

 6.     Average of Minimum and Maximum Pension:- Refer Para -3, sub Para -ii of GoI, MoD, Dept. of Ex-Servicemen Welfare letter No. 12(1)/2014/D(Pen/Pol)-part-ii dated 7^th Nov, 2017 regarding Re-Fixation of all pensioners on the basis of the average of Minimum and Maximum pension of personnel retired in 2013. Pensions of all Pre- 30-06-2014 pensioners should be Re-fixed on the basis of Maximum Pension of personnel retired in 2014 instead of 2013 for OROP.

 7.     Seniority in the ranks not maintained:- Refer any tables of PCDA (Pension) Circular No. 555 dated 04^th Feb, 2016 for JCO’s/OR’s seniority of the ranks is not at all  maintained. In some cases pension is same from 15 years to 28 years of Qualifying Service. Pension tables of all JCO’s / OR’s should be again re-computed for arriving at correct pension.

 8.     Equalization of Pension after five years:- Refer Para-3, sub Para-V of GoI, MoD, Dept. of Ex-Servicemen welfare letter No. 12(1)/2014/D(Pen/Pol)-Part-ii dated 7^th Nov, 2015 regarding equalization of pension after five years. True meaning of OROP is that a pensioner of same Rank, same Group and same length of Service should draw same pension in 3 sister services. This is only possible when pension is equalized every year.

 9.     ACP-I/II/III benefit:- Refer Para-11, sub Para- a), b) and C) of PCDA(Pension) Circular No. 555 dated 4^th Feb, 2016 regarding grant of ACP benefits. As per above

Circular Hony Naik, Hony Havildar and Hony Naib Subedar have separate tables for all types of Pensions, where as for Post-2006 retirees if ACP is granted to them their pension is revised as per the tables of Naik, Havildar and Naib Subedar. ACP I/II/III benefit should also be extended to all Pre- 2006 Hony Naiks, Hony Havidars and Hony Naib Subedars as like ACP Naiks / ACP Havildars and ACP Naib Subedars.

    DOWNGRADATION  IN  STATUS  OF  JCOs

 10.                          a)  Status of JCOs:- JCOs of Armed Forces have been accorded statutory of Status of Gazetted Officer by an act of Parliament vide Section 3(xii) of Army Act 1950. However their status has got seriously degraded over the years due to incorrect

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fixation of their due to incorrect fixation of their Pays/Grade Pay/Pay Level. While Civilian employees have moved to higher Grade Pay/Pay Level due to post Pay Commission modification by Govt. based on JCM Mechanism, the Pay of JCOs of Armed Forces remained un-revised as JCM Mechanism is not applicable to them. Page 144 of 7^th CPC Report explaining as to how pay of a Non- Gazetted Assistants has been increased by Govt. post Pay Commission awards.

    b)  This has created a serious anomaly where in statutorily Gazetted JCOs of Armed forces have been placed in lower Pay Level than Non- Gazetted Civilian Employees. The Gazetted N Subs are in Pay Level- 6 where as Non- Gazetted Assistants are in Pay Level- 7, this needs to be rectified soon, because above anomaly is not only unjustified but legally untenable also. It is in gross violation of Govt. Instructions and judgments by Court of Law on this subject issue. It is requested that as there is no JCM like Mechanism existing for Defence a high powered committee should be set to resolve this grave anomaly because it is as well as effecting Ex-Servicemen pensions also.

  7^th CENTRAL PAY COMMISSION

11.    Incorrect calculations of Entry Level Pay of JCO’s and equivalence in Navy and Air Force.

a)    The existing system of Pay Band and Grade Pay of 6^th CPC has been replaced with separate Pay Matrices for Defence, Military Nursing Service and Civilians personnel in 7^th CPC from 01.01.2016 onwards.

b)    Fixation of Pay of each employee in the new Pay Matrix as on 01.01.2016 has been revised by multiplying his/ her basic pay (Pay in the Pay Band + Grade Pay) by a factor of 2.57.

c)       In each Pay Level (Rank Level) a MF of 2.57 for Havildar and below, 2.62 for JCO,s and 2.67 for Hony Lt to Brigadier was applied on Basic Pay + Grade Pay of 6^th CPC to determine Entry Level Pay.

d)    Entry Pay to any pay band could either be through an upward movement from lower pay band or through direct entry. While pay of a person moving from a lower pay band to a higher one on promotion would be regulated by the pay fixation formulation prescribed (pay was fixed at the minimum of the pay band plus grade pay).

e)     Refer Para 5.1.19 for rationalization applied in Present Pay structure is at Table No. 4 (Copy enclosed) of 7^th CPC report.

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f)      Prior to 7^th CPC there used to be separate scale for “X” and “ Y” group of same ranks of JCO’s and even separate scales for the same equivalence rank Navy and Air Force also.

g)    7^th CPC brought in new formula of Common Pay Scales for each Pay Level (Rank Level) for all the “X” and “Y” Groups.

h)    For Entry Level Pay there is a loss to JCO’s in calculation with MF of 2.62 on minimum pay level awarded (copy attached)

i)       Real time loss in calculation of Entry Level Pay for JCO’s is as under:-

               RANK                                       Group                     ELP            LOSS

i)          N Sub/ CPO/ JWO                   X / Y             41100 – 35400 = 5700/-

ii)       Sub/ MCPO-2/ WO                 X / Y             46200 -  44900 = 1300/-

iii)     Sub Maj/ MCPO-1/ MWO      X / Y             50500 -  47600 = 2900/-                 

12.  Revision of Pension as per First formulation (Option-1):- Refer Para-4 of GoI, MoD, Dept. of Ex-Servicemen Welfare letter No.17(01)/2017(02)/D(Pension/Policy) dated 5^th Sept,2017 regarding revision of pension of pre-2016 as per Formulation-1 (Option-1) and Para-3 of PCDA(Pension) Circular No. 585 also for Formulation-1. But as per Para- 4.1 of PCDA(Pension) Circular No. 570 pensions of all pre 2016 was revised by multiplying the Basic Pension (before Commutation) / Basic Family Pension (exclusive of Dearness Relief) as had been drawn as on 31-12-2015 by 2.57 to arrive as revised pension as per Formulation-2 (Option-2). So benefit of OROP was given in Option-2, but as per the Annexture-1 of PCDA (Pension) Circular No. 585 for Commissioned Officer/JCO’s/OR’s it seems that OROP benefit will not be given to pre- 30-06-2014 retirees. In view of above it is suggested that instead of notionally computing the pension as per 6^th CPC scales it should be revised taking the OROP scales / 6^th CPC scales as drawn on 31-12-2015 like it was done as per PCDA (Pension) Circular No. 570 for Formulation-2 (Option-2).

     In view of above it is requested that above anomalies may please be rectified/solved for the welfare of Ex-Servicemen Pensioners/Family Pensioners at the earliest.

    Thanking you in anticipation.

                                                                                                Yours sincerely,

                                                                                               Nar Singh Dass,

                                                                                               Ex- MCPO-1 (Hony S/Lt),

                                                                                          No. 091237-H  

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Encl:- 1) Table 4 : Rationalization Applied in the 6^th CPC Pay Structure.

          2) Details of incorrect calculation of Entry Level Pay for JCO’s

Copy to:-

    The Secretary,

    Department of Ex-Servicemen Welfare,

    5-A, South Blok, Ministry of Defence,

    New Delhi-110011.

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Eligibility of widowed/divorced daughter for grant of Family Pension clarification

No.1(9)/2013-D(Pen/Policy)
Government of India
Ministry of Defence
Department of Ex-Servicemen Welfare
New Delhi -110011

Dated 17th November, 2017

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

Subject: Eligibility of widowed/divorced daughter for grant of Family Pension clarification.

The undersigned is directed to state that the provision for grant of family pension to a widowed/divorced daughter beyond the age of 25 years has been made vide GoI, Ministry of personnel, P.C. & Pensions, Department of Pension & Pensioners Welfare 0M No.1/19/03-(E) dated 2S.08.2004 Circulated vide GoI MOD letter No.878/A/D(Pen/Sers)/04 dated 21.09.2004 applying the same provision to the Armed Force Personnel.

2. It was clarified vide Government of India, Ministry of Personnel, P.G- & Pensions, Department of Pension & Pensioners Welfare OM No.1/13/09-P&PW (E) dated 11.09.2013 circulated vide MOD ID No.1(9)/2013/D(Pen/Pol) dated 16.09.2015, the family pension is payable to the children as they are considered to be dependent on the Government servant/pensioner or his/her spouse. A child who is not earning equal to or more than the sum of minimum family pension and dearness relief thereon is considered to be dependent on his/her parents. Therefore, only those children who are dependent and meet other conditions of eligibility for family pension at the time of death of the Government servant or his/her spouse, whichever is later, are eligible for family pension. If two or more children are eligible for family pension at that time, family pension will be payable to each child on his/her turn provided he/she is still eligible for family pension when the turn come. Accordingly, divorced daughters who fulfil other conditions are eligible for family pension if a decree of divorce had been issued by the competent court during the life time of at least one of the parents.

3. Grievances were being received from various quarters that the divorce proceedings are a long drawn procedure which take many years before attaining finality. There are many cases in which the divorce proceedings of a daughter of Government employee/pensioner had been instituted in the competent court during the life of one or both Government employee/pensioner & spouse, but none of them was alive by the time the decree of divorce was granted by the competent authority.

4. The matter has been examined in this department and it has been decided that the clarification “grant family pension to a divorced daughter in such cases where the divorce proceedings had been filed tn a competent court during the life time of the employee/pensioner or his/her spouse but divorce took place after their death-provided the claimant fulfils all other conditions for grant of family pension. In such cases, the family pension will commence from the date of divorce” given by Government of India. Ministry of Personnel, P.G. & Pensions’, Department of Pension & Pensioners Welfare vide 0M No.1/13/09- P&PW (E) dated 19.07.2017 would also apply mutatis mutandis to divorced daughters of Armed Force personnel.

5. This issues with the concurrence ofthe Finance Division of this Ministry vide their ID No.10(09)/2015/Fin/Pen dated 17.10.2017.

6. Hindi version will follow.

sd/-
(Manoj Sinha)
Under Secretary to the Govt. of India

ORIGINAL TERMS OF REFERENCE TO OMJC AS GIVEN THROUGH RTI

F No. 1(4)/2016/D (P/P)

Ministry of Defence

Department of Ex-Servicemen’s Welfare

D (Pension/Policy)

Dated: 20^th July 2016

 To

Hon’ble Justice L Narasimha Reddy

Retired Chief Justice of Patna High Court

Head of Judicial Committee on OROP

 Sir,

           Ministry of Defence, Department of Ex-Servicemen’s Welfare has issued orders on 7-11-2015 for implementation of “One Rank One Pension” (OROP) for the Ex-Servicemen with effect from 1.7.2014. Detailed orders in this regard were issued on 3.2.2016.

 2.      The Central Government appointed a Judicial Committee headed by Justice L Narasimha Reddy, Retired Chief Justice of Patna High Court on 14.12.2015. The Terms of Reference for the Committee is as follows:

i.       Measures for the removal of anomalies that may arise in implementation of the OROP letter No. 12(1)/2014/D(Pen/Pol) Part II dated 7.11.2015.

ii.      Measures for the removal of anomalies that may arise out of the three forces due to implementation of OROP order ibid.

iii.     Implications on service matters.

iv.      Any other matter referred by the Central Government on implementation of OROP or related issues.

 In making its recommendations, the Committee shall take into account the financial impact of its recommendations.

 3.       A Public Notice was issued on 13.4.2016 calling for representations from Defence Forces Pensioners/Family Pensioners/Defence Pensioners Associations on anomalies that may have arisen out of implementation of OROP order by 29.04.2016 which was extended up to 15.05.2016. Services Headquarters of Army, Navy and Air Force were also requested to bring to the notice of the Department of ESW, Ministry of Defence any anomaly that has come up due to implementation of OROP.  

 4.      Suggestions/Views in response to the Notice received from Service Headquarters and other stake holders have been examined by the Department of Ex-Servicmen Welfare. In terms of Ministry of Defence notification No. 12 (01)2014- D (Pen/Pol) Part II dated 14.12.2015, the following issues arising out of the implementation of OROP are referred to the Judicial Committee for making its recommendations to the Central Government:   

 (i)      Whether the benefit of OROP is to be extended to Reservists

 (ii)    Whether the decision to grant benefit of MACP under OROP only to Pensioners who have actually earned requires any modification.

(iii)   Whether pension tables for more than 33 years of qualifying service are to be prepared.

(iv)    Whether the methodology followed for fixation of pension under OROP in the absence of actual retirees in the same rank and same qualifying service for the below mentioned categories requires any modification: 

                         ( a)     Regular Lt & Capt getting same pension as Honorary Lieutenant & Captain

 (b)     Doctors of AMC/ADC/RVC for the ranks of Lieutenant, Captain & Major under OROP getting same as Hony Lt & Hony Capt

 (c)     Doctors of AMC/ADC/RVC for the rank of Major getting lower than the regular commissioned officers of the rank of Major.

 (d)     TA personnel for the rank of Captain/Major and Lt Col getting the same pension.

 (e)     Lieutenant/Captain and Major in MNS category where data              is blank

 (f)      Rank of Major in Regular Commissioned Officers getting

Less than Major in EC or SSC category

(v)     Whether the methodology followed for fixation of pension under OROP for invalidated out/war injury pensioners and liberalised family pensioners requires any modification in pension fixation formula

(vi)    Whether in case of JCO/OR, the pension is to be paid on the basis of the last rank held instead of last rank pensioned under OROP

 Sd/------------------

K Damatanthi

Joint Secretary to the Government of India

Tele No. 011 2301 1804

Copy To: As per Standard Distribution

PRE-1986 PPO ISSUED FROM PCDA WITH OUT FAMILY ENDORSEMENT