IF PENSION OF MEMBERS OF PARLIAMENT ARE EXEMPTED FROM INCOME TAX, SO WHY NOT FOR EX-SERVICEMEN

1. The Salary, Allowances and Pension of Members of Parliament (Amendment) Act, 1999 (16 Of 1999), Dt. March 22,1999 Published in Received the assent of the President on March 22, 1999 and published in the Gazette of India, Extra., Part II, Section I, dated 22nd March, 1999, pp. 1-3, No. 21

2. Ins. by Act No. 40 of 2006 w.e.f. 12-9-2006.

Section 8 AC. Family pension

¹[Family pension. (1) On the death of a member of either House of Parliament during his term of office, his spouse, if any, or dependent of such member shall be paid during the remaining period of life of such spouse or, as the case may be, such dependent so long as such dependent continues to be a dependent within the meaning of clause {ad) of Section 2, family pension equivalent to one-half of the pension which such number of Parliament would have received had he retired (emphasis supplied):

Provided that no such family pension shall be payable to a dependent if such dependent is a sitting member of Parliament or is drawing pension under Section 8-A.

(2) The family pension payable under sub-section (1) shall also be payable to the spouse or dependent of a person who was a member of either House of Parliament or the Provisional Parliament at any time before the commencement of the Salary, Allowances and Pension of Members of Parliament (Amendment) Act, 2006 and died after serving as such member:

Provided that such spouse or dependent is not drawing any pension under this Act or is not entitled to draw family pension under the proviso to sub-section (1):

Provided further that no person shall be entitled to claim arrears of any family pension under this sub-section in respect of a period before the commencement of the Salary, Allowances and Pension of Members of Parliament (Amendment) Act, 2006.

Exemption from Income Tax – Please see Section 10 of the  Finance Act 2017

JCO'S ARE GAZETTED OFFICERS CLARIFIES ARMY HEADQUARTERS

New Delhi : 02 Nov 17 (18.34 IST) - PTI

In a significant move that will benefit over 64,000 personnel, the Army has said junior commissioned officers (JCOs) are gazetted officers, cancelling its earlier note that described them as “non-gazetted” officers.

The decision by the Army two days back comes amid growing resentment from a large section of its personnel over issues relating to pay-parity and ranking.

In an official note, the Army headquarters has cancelled a communication issued in response to an RTI application in 2011 which had stated that the JCOs are non-gazetted officers, according to documents accessed by PTI.

Highly placed official sources said the Army committed a “major mistake” in 2011 on the status of the JCOs and now the Army headquarters has removed the ambiguity and made it clear that JCOs are gazetted officers.

The clarification will benefit over 64,000 JCOs who are ranked in three categories — Naib Subedar, Subedar and Subedar Major.

The 2011 note had triggered widespread outrage among the JCOs.

Asked how the Army headquarters made the “mistake” in 2011, classifying the JCOs as non-gazetted officers, a senior Army official said there are separate definitions of officers and the JCOs in the manual of military law and it could have been a case of misinterpretation of the rule book.

The issuance of the letter is also seen as a message by the Army to the government to address grievances of a section of the Army personnel over what they call “disparity” in the current pay band.

The issue of status equivalence between military officers and their civilian counterparts was discussed at the recently concluded Army Commanders’ conference.

Asked whether the Army headquarters will send a fresh communication to the RTI applicant who had filed the query about status of the JCOs in 2011, the Army refused to comment.

Defence Ministry sources last week had said that it was seriously examining the long-standing issue relating to status equivalence between military officers and their civilian counterparts.

There has been growing resentment among the military officers who have been insisting that the current status equivalence was flawed and that government must address their concerns.

As per the current pay structure, the subedar majors and subedars are part of the pay band for gazetted officers but there has been discrepancies there as well, said an official.

The Naib subedars whose number of around 55,000 get salary under non-gazetted category, he said.

The matter is among the main issues being examined as part of the pay and allowances anomaly.

Last year, then Defence Minister Manohar Parrikar had set up a high-level committee to look into the issue.

MOD LETTER ISSUED FOR IMPLEMENTATION OF COURT ORDER FOR HON NB SUB RANK GRANTED TO HAV AFTER RETIREMENT ( ONLY FOR PETITIONERS)

F.No.3(8)/2013/D(Pension/Legal)

Government Of India
Ministry Of Defence
Department of Ex-Servicemen Welfare
D (Pension/Legal)

Sena Bhawan, New Delhi
Dated 30th October,2017

To

The chief of the Army Staff

Subject: Implementation of orders of Hon’ble courts/AFTs in pre-2006 retiree Havildars granted Hony Rank of Nb Sub Cases.

The Hon’ble supreme Court in the following cases has decided:-

(a) Ex Hav (Hony Nb Sub) Virender Singh & 4 Ors. Who retired prior to 01.01.2006, filed OA No.42/2010 before Hon’ble AFT (RB) Chandigarh seeking the benefits of fitment in the pay grade of Nb Sub in accordance with Government of India, Ministry of Defence letter No.1(8)/2008-D(Pen/Policy) dated 12 June 2009. The Hon’ble AFT, vide its order dated 08 February,2010 ordered to grant the benefit to the petitioners with instructions to release the entitlement of pension and arrears w.e.f. 01.01.2006. Civil Appeal filed by the UOI to assail AFT order dated 08 February,2010 was dismissed by the Hon’ble Supreme Court vide order dated 13 December,2010.

(b) In a similar case, Civil Appeal No.4677/2014 was filed by the UOI in the Hon’ble supreme court in Ex Hav (Hony NB Sub) Subhash Chander Soni’s (OA 3305/2013) case. Hon’ble Supreme court vide its order dated 20 May 2015 has dismissed the appeal and held that “we are not inclined to entertain this appeal, which is dismissed accordingly.”

2. In view of the above judgment of Hon’ble Supreme Court, matter for implementation of orders of Hon’ble Courts/AFTs in respect of Armed Forces Personnel in Hony Nb Sub cases was taken up with Department of Expenditure, Ministry of Finance for consideration. Deptt. of Expenditure has agreed to implement those orders of Hon’ble courts/AFTs.

3. Accordingly, I am directed to convey the approval of Competent Authority in Ministry Of Defence for implementation of orders of Hon’ble courts/AFTs in Pre-2006 retiree Havildars granted Hony rank of Nb Sub cases, by Service Hqrs. as under:-

a) Service Hqrs may implement the orders of Hon’ble courts/AFTs in Hony Nb Sub cases by issuing absolute sanction keeping in view of the orders of Hon’ble Apex court, quoted at para 1 above.

b) In those Hony Nb Sub Cases in which conditional sanctions have been issued by the Service Hqrs. with the approval of competent authority in MoD, Service Hqrs may convert conditional sanction into absolute sanction at their level with the approval of competent authority at Service HQ. No interest shall be payable as per Hon’ble Supreme Court order dated 20.05.2015 in the case of UOI Vs Subhash Chander Soni.

4. The benefit regarding grant of pension of Naib Subedar to pre-2006 retired Havildars who were granted Honorary rank of Naib Subedar after their retirement, as ordered by the Courts/AFTs, would be applicable only in case of revision of pension as indicated in MoD order No 1(8)/2008-D(Pen/Policy) dated 12.06.2009 and not for retirement gratuity, encashment of leave, composite transfer grant etc.

5. The amount involved on account of implementation of Court/AFT orders will be booked under charged expenditure.

6. This issues with concurrence of Department of Expenditure, Ministry Of Finance vide I.D.Note No.140/E-V/2017 dated 05.06.2017 and MoD (Fin/Pen) U.O.No.10(6)/2012/Fin/Pen/2012 dated 08.09.2017.

(Ajay Kumar Agrawal)
Under Secretary to the Govt. of India
Tele:23015650

Delhi Police Demolishes Tents Of Ex-Servicemen Demanding Implementation Of One Rank One Pension

Delhi Police Demolishes Tents Of Ex-Servicemen Demanding Implementation Of One Rank One Pension
 Armed with an NGT order banning protests and dharnas around the historic Jantar Mantar here, the police and civic officials on Monday demolished tents and makeshift structures set up by ex-servicemen protesting there demanding implementation of the One Rank-One Pension scheme. The former servicemen have been protesting there for the past more than two years and the police said the exercise was carried out after the October 5 order of the National Green Tribunal.
The police also said the protesters were informed about the NGT order in advance and asked either to leave or bring a stay order from the court. However, the ex-servicemen termed it "an attempt to throttle our voice in a democracy".
Major General (Retd) Satbir Singh, who is among those spearheading the protest at the site, said the police and MCD officials came with a JCB machine and demolished their tents and other temporary structures.
"They also took away our equipment and other stuff like beddings at around 8.45 AM. We have been protesting peacefully demanding implementation of the OROP scheme," he said.
 Delhi Police Demolishes Tents Of Ex-Servicemen Demanding Implementation Of One Rank One Pension

"It is an attempt to throttle our voice in a democracy. And, even if there has been any order from any tribunal, there is a way to do things. What they have done is completely unfair and unjust," he added.
Singh further said the wife of an ex-serviceman was inside the tent when the exercise was carried out. He, however, clarified that nobody was hurt. The police denied use of any force. "The OROP protesters were informed about the NGT's order about vacating the Jantar Mantar area and asked to either leave or bring a stay order from the court," a senior police official said. The NGT had on October 5 banned all protests and dharnas around the historic Jantar Mantar, which has been a hotspot of many agitations for decades, saying such activities violate environmental laws.
The green panel had also directed the NDMC to remove all temporary structures, loudspeakers and public address systems from the stretch of the road.
The NGT had ordered the NDMC Chairman, the police chief and the Delhi government to file compliance reports within five weeks from October 5.
The NGTs verdict had come on a plea filed by Varun Seth and others alleging that processions and agitations held by social groups, political parties, NGOs at the Jantar Mantar Road were a major source of noise pollution in the area.