MISCELLANEOS APPLICATION MA 499/2023( IN 419/2016) FILED IN HSC FOR REMOVING THE ANOMALIES IN OROP TABLE NO 7 & 8

MOD HAS VIOLATED THE PRINCIPLE OF COLLECTIVE RESPONSIBILITY OF THE CABINET- A GROSS DIRLESION OF CONSTITUTIONAL RESPONSIBILITY

The Secretary,

 Department of Ex-Servicemen's Welfare.

 Respected Sir,

 Sub: Violation of collective responsibility of the union cabinet and contempt of the HSC judgment by the MOD.

 It is brought to your kind attention that by issuing a letter dated 08/04/2022, to PCDA directing them to prepare two separate tables for X group trades of defence veterans for OROP revision from July 1, 2019, on the basis of a cut-off date of 01/01/2016, you have violated the cabinet resolution dated 05/09/2016, by working against the collective responsibility of the union cabinet.

The Cabinet resolution, Paragraph 4(a), is very clear about the enhancement of X group pay from the existing rate of 1400 to 6200 based on qualification. In utter disregard to the union cabinet decision and HSC judgment in this regard, you seem to have taken the law into your own hands by sending such a letter to the PCDA, which is an implementing agency. If you had any such reservation on the above cabinet decision, you should have raised such an issue in the cabinet and sorted it out before the cabinet took any decision in this respect. It is not appreciable on your part to be a party to the cabinet approval and then express your disagreement with it thereafter.

It has been noticed that whenever veterans are submitting their grievances on this policy matter, you seem to have transferred them to the implementing agency, the PCDA, including mine. In reply to all the applicants, PCDA has mentioned that it is as per your instructions, and they have no role in it.

This is not an act of good governance on your part to transfer the responsibility of such illegal action to the implementing agency, which is only obeying your orders.

We hope that MOD will rise to the occassion and correct the mistakes.

TRI SERVICES FINALY TAKES UP THE ANOMALY IN TABLE NO 8

X GROUOP PAY RS. 6200 AND RS 3600 ELIGIBLE TRADES OF AIR FORCE

WHY THE NEED FOR JUDICIAL INTERVENTION

 EVOLUTION OF X GP PAY CONCEPT

1)The concept of X group Pay in Armed forces was conceived for the first time by 6th CPC, abolishing Pay scale differences among the X GP trades and other groups (Y & Z). All the Groups were brought under one pay scale, and X Group pay of Rs1400 was recommended as compensation for technical Trades of Armed Forces, at Par with Civil diploma holder. The formula adopted was the difference of Grade pay of 4200 in PB- 2 & Grade Pay of 2800 in PB 1 of 6 CPC Pay structure, that is 4200-2800=1400, (6 CPC recommendation (Para 2.3.27) (Exhibit-1) and was accepted by the GOI. The Ministry of defence through its implementing agency, PCDA Allahabad has implemented the same without any cut of date as pre & post 2006.

 MODE OF CALCULATION AND FORMULA IN 6^th CPC AND 7^th CPC

 

2) The above X GP concept and formula evolved by 6^th CPC was also followed by 7CPC by revising the amount of X Pay of Rs 1400 to Rs.6200 for all existing technical trades by taking difference between entry level pay of 7^th CPC Pay level 6 (35400) corresponding to PB-2 of 6^th CPC Pay scale with grade pay of Rs 4200 & the entry level of 7^th CPC Pay level 5 (29200) corresponding to PB-1 of 6^th CPC pay scale with grade pay of Rs 2800. This is the method used to arrive at the figure of Revised X GP Pay under 7^th CPC (35400-29200 = 6200)  for all 7^th CPC X GP technical trades(Exhibit-2) Hence it is established beyond any scope for ambiguity that this is a revision of existing X GP Pay & not a new benefit/ new concept which fall under Principles laid down by the HSC.

  This is protected under HSC's laid-down principles governing pensions and cut-off dates contained in Paragraph 48 (ii) of WP (C) 419/2016,

which reads as follows:

"(ii) The benefit of a new element in a pensionary scheme can be

prospectively applied. However, the scheme cannot bifurcate a

homogenous group based on a cut-off date. (Exhibit-3)

 APPLICABILTY OF X GP PAY Rs.6200 AS CABINET RESOLUTION

 3) Para 4(a) of the cabinet resolution dated 05/09/2016 which approved the 7^th CPC recommendations and allowed the X GP pay of 6200 do not mention any cut-off date and it also reiterates that it is the corresponding revision from 6^th CPC.  The same is reproduced below.

“Para 4 (a) Group X Pay: The commission Recommends &Accepted.

X Pay for JCOs/ORs in Group X Pay at Rs.6200 per month: for all X trades which involve obtaining a qualification which is equivalent of diploma recognised by AICTE. This amount is the difference in the minimum of the Pay level 6 (corresponding to Grade Pay of Rs. 4200 in VI CPC and Pay level 5 (corresponding to Grade pay of Rs 2800 in VI CPC (Para6.2.88).”

Para b) of same Reads as follows:

“b) X Pay for JCOs/ORs in Group X at Rs. 3600 per month: (standard fitment of 2.57 on the existing X pay of Rs.1400) for currently in X Pay. But not having a technical qualification recognised by AICTE (Para 6.2.88)”. (Exhibit-4)

 It is undeniably evident from the above extract of cabinet resolution that it classifies X Group Pay on the basis of Qualification only and not on the basis of any cut-off date as alleged by DESW/PCDA.

 4) Hence it establishes beyond any doubt that the revised X GP Pay of Rs.6200 is also applicable to the existing technical trades of 6^th CPC (Pre-2016) which involves obtaining a technical qualification which is equivalent of a diploma recognised by AICTE from the concerned technical body of three services and it is not a new benefit.

AIR HQ APPROVAL OF ALL EXISTING X GP TRADES FOR Rs 6200

5)  Further it is submitted that Air HQ is the competent authority which decides about the competency of its trades & its equivalency as per eligibility criteria mentioned in cabinet resolution dated 05/09/2016 with respect to Airforce trades. The Air HQ has considered the lower X Group Pay of Rs.3600 as mentioned in the above cabinet resolution only for one of its X GP trades Namely “GARUDA” as mentioned in Para 4(b) of Cabinet resolution dated 05/09/2016 & all other technical trades were equalised within the eligibility norms as mentioned in the Para 4 (a) cabinet resolution vide Para 1 of Air HQ Circular Air HQ/99141/1/AFPCC dated 8th May 2017. (Exibit-5)

Directorate of Air Veterans has issued AICTE recognised diploma certificates to pre 2016 veterans of Air force technical trades under the authority of AICTE vide their letter No. AICTE/UG/G-41 dated 10^th March 2003. (Exhibit-6)

6) In compliance of this letter Air force Record office revised the X Group pay of all its existing technical trades to Rs. 6200 by issuing new PPO showing it as the revised amount of X Pay Rs.6200. w.e.f.01/01/2016 vide circular No.17(01)/2017/(02) ID(Pension/Policy) dated 05/09/2017 &the eligible Pre016 have been paid same from 01/01/2016.(Exhibit-7)

 BASIC STRUCTURE OF 7^th CPC

7) It is brought to your kind attention that the 7^th CPC on its implementation adopted two methods of calculation of Pay & Pension. The first Method was based on Notional Pay basis & the second Method which was an interim measure using a multiplication factor of 2.57 for PBORs of the Armed Forces since all the data required for calculation based on Notional Pay method were not readily available to the Implementation Authority at that time. Subsequently the Notional Pay method which was the Permanent one as mentioned above was implemented by comparing the basic pay from 4^th CPC to 6^th CPC for arriving at the corresponding Pay in the Pay matrices of 7^th CPC including, revised Military service Pay, revised XGP Pay and classification Pay vide DESW Letter No. 17(01)/2017/(02)ID(Pension/Policy) dated 05/09/2017. Accordingly New Pension Payment orders (PPO) were issued by Airforce Record office to all pre-2016 XGP veterans with a condition that whichever is higher will be protected. (Exhibit-8) The revision of ROP as per the Cabinet approved, assent given by President of India notification dated 04/01/2023 and on HSC direction to be carried out by taking the data of those  who are retired in the calendar year 2018.The retirees of this this time period have already drawn their Pay/Pension on the basis of notional Pay method with all reckonable elements which constitute the basic structure of 7^th CPC. Hence the OROP is ordered to be revised, based on this data of above retirees, is bound to consider all its reckonable Elements for Pension including revised element of Military service Pay of Rs. 5200 and revised amount of X GP Pay of Rs. 6200 forms an integral Part of OROR revision as per OROP original notification and revision notification.

 The cabinet Resolution No.1((7)/2016/Pay/services) dated 05/09/2016 doesn’t permit/direct anybody to divide the X GP Veterans between pre & post for the eligibility of Rs 6200 as X GP Pay. The administrative instruction No. 1(1)/2019/D(Pen/Pol) dated 08/04/2022reported to have been received by Gts-Tech section, PCDA (P) Prayagraj, from MOD (Exhibit-9) to Bifurcate the eligible X GP veteran under the above cabinet resolution on the basis of pre & post 2016 is arbitrary & illegal. A cabinet resolution with backing of an Executive Power cannot be nullified by a mere administrative instruction.

 SALIENT FEATURES MENTIONED OROP REVISION NOTIFICATION

8) The Cabinet approved, President assented & HSC upheld OROP notification dated 04/01/2023 for revision of OROP from 01/07/2019 in its Para 2 states as given here under:

 “2.The President is pleased to decide that next revision of pension under OROP

Scheme would be effective from 01/07/2019. Revision of pension is based on the principle adopted in MoD letter dated 07.11.2015 which are as under:

 2.1 pension of the past pensioners would be re-fixed on the basis of pension of defence Forces retirees of calendar year 2018 and the benefit will be effective from 01.07.2019.

 2.2. Pension will be re-fixed for eligible Defence Forces pensioners/family pensioners on the basis of the average of minimum and maximum pension of Defence Forces Personnel retired in calendar year 2018 in the same rank and with the same length of service.

 2.3 Pension for those drawing above the average shall be protected.” (Exhibit-10)

 CONCLUSION

 9) It is established with authority, facts & figures beyond any room for ambiguity that the revision of a existing benefit of Rs 1400 as Permissible under 6^th CPC has been revised to Rs. 6200 in 7^th CPC adopting the corresponding formulae for eligible XP veterans of Pre 2016.

 VIOLATION OF NOTIFIED RULES AND ERRORS IN TABLE No8.

10) The OROP revision from 01/07/2019 implementation Office memorandum issued by Department of Ex-servicemen welfare with table No.7&8 dated 20/01/2023 (Exhibit-11) & Circular No 666 issued by the Implementing agency (PCDA) has violated the above Principle contained in both the notifications without having any authority to do so & in utter disregard to HSC direction mentioned in this matter. On mathematical Examination of table No. 7 & 8 shows that the basic Pension do not tally for X group trades after deduction of X GP pay for same rank & length of service in table No.7

 NEED FOR JUDICIAL INTERVENTION

 11) The tables No. 7 & 8 in OROP revision as attached in the Appendix to MoD Letter No. 1(1)/2019/ D(Pen/Pol)/Vol-II dated 20/01/2023 do not consider the X Pay @ Rs. 6200 for the Pensionary benefits to the Air force Veterans of ‘X’ Group technical trades which has been Recognized as equivalent to AICTE Diploma by Airforce vide their Air HQ/99141/1/AFPCC dated 8th May 2017 and fall under the category of 4 (a) of Cabinet resolution for X Pay of Rs.6200 for those who are retired before 01/01/2016. The Cabinet resolution classifies X Group Pay only on the basis of qualification and not on the basis of any cut-off date. The Pre 2016 veterans who were eligible for Group X pay of Rs 6200 have been deprived of and discriminated under both of the above tables in an arbitrary and discriminative manner by a Casual clarificatory letter dated 08/04/2022 issued DESW on the basis of cut-off date calls for judicial intervention.

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FURTHER PROOF OF NASTY GAME PLAN OF DEPARMENT OF EX-SERVICEMEN FAREWEL

THE NASTY GAME PLAYED BY DEPARTMENT EX-SERVICEMEN FAREWEL