DL-33 RTI REPLY RECEIVED

AFVA (KERALA) APPEAL TO GRANT MINIMUM PENSION TO ESM DISCHARGED WITHOUT PENSION

1)   PRIME MINISTER OF INDIA

2) DEFENCE MINISTER

3) DEPARTMENT OF EX-SERVICEMEN WELFARE

Respected Sir,

We wish to bring to your Kind attention that many of the Armed forces veterans have been discharged without pension before the minimum pensionable service of 15 years due to various reasons. It is worth to mention here that many of them have actively participated in 1962,1965 & 1971 wars & war like operations. They are many veterans who served in Hard living areas like Siachin which is is also one of the reason compelled them to retire before the minimum pensionable service. It is brought to your attention that the Second World War veterans are paid pension without the requirement of minimum pensionable service. A personal staff of a Minister gets pension without the requirement of minimum pensionable service. Members of parliament gets pension without the requirement of minimum pensionable service. Likewise persons who have participated in freedom struggle gets pension without the requirement of minimum pensionable service

The plight of many of the veterans who have been discharged without pension seems to be very pathetic & some of them are living in old age asylums.

You are therefore kindly requested to look in to their case sympathetically & grant them a minimum pension as applicable to military veterans.

Chairman

Mullackkal Babu

Armed forces veterans association ( Kerala)

LETTER WRITTEN TO DEFENCE MINISTER BY BRIG. CS VIDYASAGAR(Rtd)

Dear Hon’ble Raksha Mantri ji,

1.     I am being accused that I am an ardent supporter of BJP because I say in social media that the best welfare measures given to Ex-Servicemen and Family pensioners (widows) are :

(a) Extension of Service by two years in 1999.

(b) Sanction of Ex-Servicemen Contributory Health Scheme (ECHS)

(c) Employment of 90% of staff in Toll plazas on National High ways

(d) One Rank One Pension.

All these, may I remind you, Sir, have been granted by NDA- 1 Govt and NDA – II Govt.

2.   What surprises me the most instead of getting kudos for doing so much for Ex-Servicemen, Ministry of Defence is getting brickbats from this community. I try to reason out in social media that defence pensions are very complex with different types of pensions which no other Central Govt pensioners have, yet Ex- Servicemen do not accept my arguments I offer in your support.

3.     They have two serious complaints against your ministry. When I see them I feel the Ex-Servicemen are justified in being unhappy with Min of Def. Kindly take two minutes and I shall tell you what are they and how you can convert this antipathy of this community to gratefulness

4.     Full Pension De-linked from 33 Year Rule. As you are aware, Sir, the judgment of hon’ble Supreme Court in MO Inasu Vs Union of India, 2015, forced Ministry of Personnel, Pensions and Public Grievance to issue their Office memorandum No 38/37/08-P & PW (A) dated 06 Apr 2016 sanctioning full pension to all those who served for pensionable service (20 years in case of civilian employees) by de-linking requirement of 33 years. PCDA (Pensions) Allahabad loses no time and issues Circular C-149 dated 08 Apr 2016 for defence civilian pensioners. We do not complain if they get their arrears early but not issuing orders for similarly placed defence pensioners till date (after lapse of three months) is upsetting Ex-Servicemen.These orders will benefit Sepoys to Havildars and their family pensioners who draw pittance of pensions. They are the ones who will benefit and live slightly better if their arrears are paid with no loss of time. If arrears for civilians can be worked out over night will it take months to do the same for defence pensioners howsoever complex the defence pensions may be ?

5.    The argument given by your PCDAs who deal with pension is: defence pensions are very complex. Sir, I want to De-mystify this wrong concept. One has to spend just two days to know what are defence pensions?. What is so complex in working out arrears of all those who could not serve for 33 years is something I and many like me fail to understand.

6.     Arrears for Defence Pensioners. Sir, Sepoys are permitted to serve for 15 years and given rank weightage of 10 years till 23 Sep 2012 (later enhanced to 12 years w.e.f. 24 Sep 2012). Sepoys do not serve for 33 years like civilians hence rank weightage has to be given to them to give them better pension. Yet they do not serve for 33 years in spite rank weightage. Their qualifying service is only 15+10 = 25 years. Their pension is pro-rata reduced. If a Sepoy’s Full pension of Group Y (non- diploma holder) with 15 years’ service is say Rs 1,000, his pension is pro-rata reduced to Rs 1000 x 25/33 = Rs 757.60. Arrears to be paid consequent to judgment of hon’ble Supreme Court is Rs (1000 – 757.60) plus DR from Jan 2006 to Jun 2014. Cannot this be worked out Sir? I am enclosing my calculations done in two worksheets (one for JCOs & OR and another for Officers) in MS Excel 2013 version. I request you to instruct PCDAs to check my calculations and if found correct issue orders for payment of arrears without any further loss of time. Family pensioners can be 60% of these amounts as arrears.

7.    Second Issue: 7th CPC Pensions. On receipt of Govt notification in the form of Gazette, Ministry of Railways took just two days to issue 7th CPC implementation orders. They also involve Railway pensioners so that all anomalies are resolved. But it is not so in Ministry of Defence.

8.   How to Earn Good Will of Two Crore Ex-Service Community.  Sir, issue one line notification to all CPPCs of banks to enhance pensions of all Defence pensioners by multiplying their OROP pension by 2.57. 95% of defence pensioners will get benefit by this simple notification.  No need to issue unintelligible, long winded linking to dozens of old Circulars which only confuse banks staff in CPPCs. Balance 5% are disabled soldiers and special category pensioners for whom orders can be issued after one week. Min of Def will earn gratitude if 7th CPC pensions are remitted before Independence Day 2016.

9.    It can be done, Sir, if there is a will on the part of DAD personnel.

10.  I am sure some positives will come out by your intervention  and Ex-Servicemen and family pensioners feel they have a Raksha Mantri who protects their interests.

Thanking for going through this mail.

Profound regards,

Brig CS Vidyasagar (Rtd)

President, Tri Services Ex-Servicemen Welfare Association (TSEWA) csvidyasagar@gmail.com, 9493191380

DE-LINKING 33YEARS REPLY FROM THE OFFICE OF SRI RAJEEV CHANDRASEKHAR MP

Shivani SD <shivani.sd@rajeev.in>

To

vinodvihar31@yahoo.co.in

Jul 31 at 8:02 PM

Dear Sir,

This is with regard to your email to Mr Rajeev Chandrasekhar dated 23 July 2016 with subject line “De-Linking 33 years of service for military pre-2006 pensioners”. Mr Chandrasekhar thanks you for taking the time out to write to him. He has conveyed that he is seized of the matter and will be taking it up with the MoD shortly.

Best Regards,

Shivani Sharma Dasmahapatra

Advisor - Defence & Veteran Affairs

Office of Rajeev Chandrasekhar, Member of Parliament

 

7TH CPC PENSION & ARREARS FOR MILITARY VETERANS(X) UP TO 80 YRS

SOURCE:-http://rajasthanveterans.blogspot.in/

7TH CPC PENSION & ARREARS FOR MILITARY VETERANS(Y) UP TO 80 YRS

SOURCE:-http://rajasthanveterans.blogspot.in/

HAVILDAR-HON SUB CASE WON IN AFT KOCHI OA 69/2016 & OA 71/2016( APPLICABLE ONLY TO PETITIONERS)

ARMED FORCES TRIBUNAL, REGIONAL BENCH, KOCHI

O.A.No. 69 of 2016

MONDAY, THE 4TH DAY OF JULY, 2016/13TH ASHADHA, 1938

CORAM:

HON'BLE MR. JUSTICE S.S. SATHEESACHANDRAN, MEMBER (J)

HON'BLE VICE ADMIRAL M.P.MURALIDHARAN, AVSM & BAR, NM, MEMBER (A)

APPLICANT:

NO.13937814 M EX- HAV (HONY NB/SUB) RAJAN PILLAI.V.K.,

AGED 62 YEARS, AMC, S/O LATE SHRI KUTTAPPAN PILLAI,

ABHILASH BHAVAN, MALAYALAPUZHA, THAZAM PO.,

PATHANAMTHITTA -DISTT, KERALA STATE – 689 666.

BY ADV. SRI. C.R. RAMESH.

Versus

RESPONDENTS:

1. THE UNION OF INDIA, REPRESENTED BY THE

SECRETARY, MINISTRY OF DEFENCE (ARMY),

SOUTH BLOCK, NEW DELHI -110 001.

2. THE CHIEF OF ARMY STAFF,

INTEGRATED HQRS, MINISTRY OF DEFENCE,

SOUTH BLOCK, NEW DELHI -110 001.

3. THE PRINCIPAL CONTROLLER OF DEFENCE

ACCOUNTS (PENSION),

DRAUPADI GHAT, ALLAHABAD, UTTARPRADESH – 211 014.

4. THE OIC RECORDS,

ARMY MEDICAL CORPS,

LUCKNOW CANTT., UTTARPRADESH – 226 002.

, BY ADV.SRI. TOJAN J.VATHIKULAM, CENTRAL GOVERNMENT COUNSEL.

-: 2 :-

ORDER

Satheesachandran, Member (J):

The applicant, V.K. Rajan Pillai, is an Ex-serviceman, who retired from the Army Medical Corps, Indian Army in the rank of Havildar and was subsequently granted Honorary rank of Naib Subedar. He has filed the above application under Section 14 of the Armed Forces Tribunal Act, 2007 (for short 'the Act') for a declaration that he is entitled to the benefit of Annexure A3 letter and revision of basic pension at par with Naib Subedar. He has further sought for issue of a direction to the respondents to pay

him pension in the rank of Naib Subedar revising it from 1.1.2006 and corresponding revision w.e.f. 12.6.2009 along with the entire arrears.

2. The applicant has claimed benefits under Annexure A3 letter No.1(8)/2008-D(Pen/Policy) dated 12th June, 2009 issued by the Government of India, Ministry of Defence (Department of Ex-serviceman Welfare), New Delhi. Under the aforesaid letter, Havildars who have been conferred Honorary rank of Naib

-: 3 :-Subedar have been granted regular pension w.e.f. 1.1.2006 providing them notional promotion of higher grade of Naib Subedar. That letter reads thus:

“I am directed to say that in pursuance of  Government decision on the recommendations of the Sixth Central Pay Commission contained in Para

5.1.62 of Chapter V of the Report, the President is pleased to decide that Honorary rank of Naib Subedar granted to Havildars will be notionally

considered as a promotion to the higher grade of Naib Subedar and benefit of fitment in the pay band and the higher grade pay will be allowed notionally

for the purpose of fixation of pension only. Accordingly, additional element of pension of Rs.100/- pm payable to Havildars granted Hony rank

of Naib Subedar as per Regn.137 of Pension Regulations for the Army Part-I (1961), amended vide this Ministry's letter No.1(1)/88/D(Pen/Sers)

dated 6.11.1991 will cease to be payable. The notional fixation of pay in the rank of Naib Subedar will not be taken into account for payment of

retirement gratuity, encashment of leave, composite transfer grant etc.

2. This letter takes effect from 1st January 2006.

-: 4 :-3. This issues with the concurrence of Finance Division of this Ministry vide their UO No.2351/Finance/Pension dated 3.6.2009”. 3. Though the applicant had retired from the rank of Havildar since he was conferred the Honorary rank of Naib Subedar subsequently he was entitled to have his pension refixed

in the Honorary rank of Naib Subedar w.e.f. 1.1.2006, is his case for the declaration sought for and the consequent monetary benefits thereto.

4. The respondents have resisted the claims of the applicant contending that the benefits under Annexure A3 letter are available only to those who retired on or after 1.1.2006. The applicant and similarly situated persons, who retired prior to or before 31.12.2005, are not entitled to the benefits conferred under Annexure A3 letter, according to them. The applicant who

was discharged from service w.e.f. 1.6.1998 i.e. much prior to 1.1.2006, is not entitled to have revision of pension in the rank of Honorary Naib Subedar which was conferred to him subsequent to his retirement, is the contention of the respondents stating O.A.No. 69 of 2016

-: 5 :-

that Annexure A3 letter is inapplicable to him. 5. We heard learned counsel for the applicant, Shri.C.R.Ramesh and the Central Government Counsel Shri.Tojan J Vathikulam, who appeared for the respondents.

 6. The issue involved in the case is no longer res integraas it has already been resolved under the Common Order passed

in O.A.No.100 of 2012 and connected cases by this Tribunal on

21st August 2012, which had been moved by similarly placed personnel like the applicant in the present O.A., Havildars conferred with rank of Naib Subedar after retirement and all of whom pre-2006 retirees, claiming the benefit under Annexure A3 letter issued by the Government of India. Repelling the objections canvassed by the respondents that Annexure A3

letter is applicable only to post-2006 retirees this Tribunal has concluded that pre-2006 retirees who had been granted Honorary rank of Naib Subedar after retirement are also entitled to the benefits under the letter w.e.f. 1.1.2006 subject to the condition that the sum of Rs.100/- per month paid to them after

O.A.No. 69 of 2016

-: 6 :-

1.1.2006 in terms of Government Order No.1(1)/88/D(Pen/Sers) dated 6.11.1991 has to be adjusted against the amount due on refixation of their pension. Analysing the recommendation of the VI Pay Commission, acceptance of which form the basis of Annexure A3 letter, this Tribunal has expressed the view that neither the Commission nor the Government made any distinction between Havildars of pre and post-2006 retirees, who, after

retirement, had been granted Honorary rank of Naib Subedar, in refixation of their pension in the Honorary rank w.e.f. 1.1.2006. Decision rendered by the Armed Forces Tribunal, Chandigarh Bench and also Lucknow Bench, wherein similar view was taken in identical cases, were also taken note of in passing the common order in O.A. No.100 of 2012 and connected cases to

hold that the applicants in those cases, pre-2006 retiree Havildars, who had been conferred Naib Subedar rank after their retirement, are entitled to the benefit of Annexure A3 letter of the Government.

7. The Original Application is allowed declaring that the applicant is entitled to the benefits of Annexure A3 letter

O.A.No. 69 of 2016

-: 7 :-

No.1(8)/2008-D-P(Pen/Policy) dated 12.6.2009 issued by the Government of India, Ministry of Defence (Department of Exserviceman Welfare), New Delhi w.e.f. 1.1.2006. The respondents are directed to make payment of the due amount to the applicant within three months, including the entire arrears to be computed w.e.f. 1st January 2006. Amount of Rs.100/- per

month, which has already been paid to the applicant after 1.1.2006 in terms of Government letter No.1(1)/88/D(Pen/Sers) dated 6.11.1991, shall be adjusted against the due amount as per this Order and payment of that amount of Rs.100/- shall be discontinued.

8. There will be no order as to costs.

9. Issue free copy of this order to both sides.

Sd/- Sd/-

VICE ADMIRAL M.P. MURALIDHARAN, (MEMBER (A)

JUSTICE .S.SATHEESACHANDRAN, (MEMBER (J)