Jethmalani to fight legal battle on OROP issue

 

"I am 93-years-old and I can die any day but I assure you that it will not happen before I get you justice from Supreme Court," he said.

Senior Supreme Court lawyer Ram Jethmalani today assured the ex-servicemen demanding “complete implementation” of ‘One Rank One Pension’ that he will lead their legal battle in the apex court.

“I am 93-years-old and I can die any day but I assure you that it will not happen before I get you justice from Supreme Court,” Mr. Jethmalani said while addressing armed forces veterans staging protest at Jantar Mantar in the national capital.

Major General (retd) Satbir Singh, leader of the protesting veterans, claimed that a case would be filed by Mr. Jethmalani on the OROP demand in the Supreme Court in the next 3-4 days and that Mr. Jethmalani would not charge any fee.

Mr. Jethmalani, who has been fighting a legal case over the issue of black money in SC since 2009, also lashed out at the Narendra Modi government for “failing” to bring back black money stashed away abroad.

“Modi promised to bring back black money from foreign countries and I believed him but he fooled me. But when German government offered to disclose the names of such bank account holders, no one from India approached it,” he claimed.

Singh said four more cases have been filed in the armed forces tribunal.

“These cases pertain to rulings for Jawans, war widows, arrears since 2006, payments for honourary ranks, rounding off of disability pension, and payments of reservists,” he said.

The veterans’ protest at Jantar Mantar entered its 320th day on Friday.

Defence Minister Manohar Parrikar had in September last year announced implementation of the long delayed OROP for ex-servicemen but the veterans have been continuing with their protest demanding “complete” implementation of the scheme.

DENIAL OF OROP TO RESERVIST PENSIONERS-TRIBUNAL ISSUES NOTICE TO MOD

The Armed Forces Tribunal, Chandigarh Bench, has issued notice to the Ministry of Defence on a petition challenging the notification issued by the Ministry regarding the one rank one pension (OROP) on February 3, 2016.

The petitioners contend that para 4.1 of the notification deprives reservist pensioners /DSC Pensioners and those who are in receipt of two pension and many other categories from the benefits of one rank, one pension from July 1, 2014, which is illegal, discriminatory, arbitrary, resulting in violation of the Articles 14 and 16 of the Constitution and infringement to the Right to Property .

The Bench of the AFT consisting of Justice Parkash Krishna and Lt Gen DS Sidhu ( Retd) issued notice for July 4, 2016, to the Ministry of Defence.

The petitions were filed by the chairman of the All-India Ex-servicemen Welfare Association, Bhim Sen Sehgal, on behalf of the petitioners Baldev Singh, Raghuvir Singh, Bhuri Singh, Raj Mal, Chand Kishore Sharma and many others reservist pensioners, DSC pensioners, as well as those drawing two pensions but deprived of the one rank one pension from July7, 2014.

The association has demanded setting aside of the portion of the notification and direction to the authorities for the grant of OROP to all categories of personnel, including the reservist pensioners, DSC pensioners and those drawing two pensions and the pensions of all these categories be revised from July 1, 2009, September 24, 2012 and then from July 1, 2014, onwards and all arrears be paid to them with interest and exemplary damages.

Sehgal, who appeared for the (PBORs) submitted before the Bench that these reservist pensioners of the Indian Army had served during emergencies of the Indo-China Aggression of 1962, Indo-Pak War of 1965 and 1971 and on completion of their regular and reserve service of 15 years were granted the reservist pension of Rs 40 pm in 1972 which was revised to Rs. 375 pm from January 1,1986, then Rs1,275 pm from January 1,1996 and then Rs 3,500 pm w.e.f January 1, 2006, but thereafter there was no increase in their pension from July, 2009, September 24, 2012, and then from July 1, 2014 (on OROP). The association had already submitted representation to the authorities concerned but nothing has been done till date, hence the association moves the Armed Forces Tribunal for the relief to these unfortunate soldiers who are in advance stage of their life

REPLY RECEIVED FROM DESW THAT THEY ARE ON THE JOB

On 04/24/16 07:31 PM, Santosh Kumar Singh <santosh2002@gmail.com> wrote:

Dear Ma'am

With reference to our earlier meeting in your chamber where I represented the case of delinking 33 yrs condition due to various court rulings but you mentioned that since rule of 33 yrs is not yet abolished by Pension department (DoPPW), you can not issue any such instruction. At the same time you had informed us that as soon as Department of Pension of GOI issue any letter in this regard, you will immediately take the cognizance of report and issue the letter for defence personnel also.

Now that department of Pension & Pensioner's welfare, Ministry of Personnel, PG & Pension  (GOI) have issued the letter no. 38/73/08-P & PW(A) dated 6-Apr-16 regarding delinking of 33 yrs condition, we are eagerly waiting letter from MoD (DESW) and we all request you to take all initiative in issuing the letter as early as and as previously informed to us.

Regards

​Santosh K Singh

Ex Petty Officer

General SecretarY
AFVAI 

REPLY
 From: "K Damayanthi" <jsesw@nic.in>
Date: Apr 24, 2016 22:03
Subject: Re: Issuance of MoD letter on De-Linkng of 33 Yrs Condition for Defence Personnel
To: "Santosh Kumar Singh" <santosh2002@gmail.com>
Cc: "R.K. Arora" <us-pen-legal2@desw.gov.in>, "Shr T.R Singal" <ds-pension@desw.gov.in>
Dear Shri Santosh Kumar ji,

We have received the copy and requested CGDA to send the DGL.

It will be at the earliest.

with regards,

yours sincerely,

K.Damayanthi

  On 04/21/16 08:23 AM, Diwan Singh <diwan.neera@yahoo.com> wrote:

Dear Madam,

we are very delighted to know that you have been at the forefront for championing the causes of welfare of retired soldiers and what impresses us your prompt reply to our genuine requests forwarded to you either through mail or by post. Again we request your goodself to consider our request to let us know the time by which orders from MOD are likely to be issued on delinking of 33 yrs of service for full pension issued by DOPT on 06.04.2016.

  It would not be out of place to apprise your goodself that nearly all the Departments of Indian Govt except MOD have issued orders for compliance of the above orders. Kindly let us hear from you the expected date of issuance of these orders.

Thanks

Diwan singh

 REPLY

 From: K Damayanthi <jsesw@nic.in>
To: Diwan Singh <diwan.neera@yahoo.com>
Sent: Sunday, April 24, 2016 10:40 PM
Subject: Re: The latest OM dated 06.04.2016 issued by DOPT on delinking 33 years of service for full pension

we have initiated the process. we will do at the earliest.

 

 

A GLANCE AT PRE-REVISED SCALE & REVISED PAY IN THE PAY BAND

Sergeant (Group - X)

Pre-revised scale : 5000 - 100 - 6500
Revised Pay Band PB-1 + Grade Pay + MSP + X Group Pay : 5200 - 20200 + 2800 + 2000 + 1400

Pre-revised Basic Pay	Revised Pay
Pay in the scale	Pay in the Pay Band	Grade Pay	Military Service Pay	X Group Pay	Total Revised Pay
5000	9300	2800	2000	1400	15500
5100	9490	2800	2000	1400	15690
5200	9680	2800	2000	1400	15880
5300	9860	2800	2000	1400	16060
5400	10050	2800	2000	1400	16250
5500	10230	2800	2000	1400	16430
5600	10420	2800	2000	1400	16620
5700	10610	2800	2000	1400	16810
5800	10790	2800	2000	1400	16990
5600	10980	2800	2000	1400	17180
6000	11160	2800	2000	1400	17360
6100	11350	2800	2000	1400	17550
6200	11540	2800	2000	1400	17740
6300	11720	2800	2000	1400	17920
6400	11910	2800	2000	1400	18110
6500	12090	2800	2000	1400	18290

Sergeant (Group - Y)

Pre-revised scale : 4320 - 85 - 5595
Revised Pay Band PB-1 + Grade Pay + MSP : 5200 - 20200 + 2800 + 2000

Pre-revised Basic Pay	Revised Pay
Pay in the scale	Pay in the Pay Band	Grade Pay	Military Service Pay	Total Revised Pay
4320	8040	2800	2000	12840
4405	8200	2800	2000	13000
4490	8360	2800	2000	13160
4575	8510	2800	2000	13310
4660	8670	2800	2000	13470
4745	8830	2800	2000	13630
4830	8990	2800	2000	13790
4915	9150	2800	2000	13950
5000	9300	2800	2000	14100
5085	9460	2800	2000	14260
5170	9620	2800	2000	14420
5255	9780	2800	2000	14580
5340	9940	2800	2000	14740
5425	10100	2800	2000	14900
5510	10250	2800	2000	15050
5595	10410	2800	2000	15210

Public Notice for addressing anomalies on One Rank One Pension

F. No. 12(39)/2015/D(Pen/Pol)(Part-V)

Ministry of Defence

Department of Ex-servicemen Welfare

D(Pension/Policy)

New Delhi, Dated 13.04.2016

Public Notice for addressing anomalies on One Rank One Pension (OROP)

Government of India, Ministry of Defence, Department of Ex-Servicemen Welfare vide notification No. 12(1)/2014/D(Pen/Pol)/Part-II dated 07.11.2015 issued orders for implementation of One Rank One Pension (OROP) scheme for Defence pensioners. Detailed implementation orders of OROP with 101 tables containing revised pensions of different ranks and categories have also been issued by MoD, DESW vide order No. 12(1)/2014/D(Pen/Policy)-Part-II dated 03.02.2016 and uploaded on the website of DESW at www.desw.gov.in. The Pension Disbursing Agencies (PDAs) have been authorized to carry out revision of pension of pre 1.7.2014 pensioners drawing pension as on 1.7.2014 in terms of MoD order dated 3.2.2016 with applicable rates of Dearness relief without calling for any applications from the pensioners and without any further authorization from the Pension Sanctioning Authorities concerned.

2. All affected Defence Forces pensioners of various categories, Pensioners’ Association and all concerned authorities are requested to take note of these orders for their information and further necessary action.

3. In order to take cognizance of anomalies that may arise in implementation of OROP orders, its implication on service matters including inter-services issues, Government has appointed a one-member Judicial committee headed by Justice L. Narasimha Reddy, retired Chief Justice of Patna High Court vide MoD notification No. 12(01)/2014-D (pen/Pol)-Part¬II dated 14th December, 2015.

4. Defence Forces pensioners/family pensioners, Defence Pensioners’ Associations can submit their representation, suggestions/views on the revised pension as notified under above orders, to the MoD, DESW through post or by email at addresses mentioned below by 29th April 2016

Postal Address: Under Secretary/D(Pension/Policy)

Room No. 220A, B’ Wing

Sena Bhawan, New Delhi-110011

Email ID:us-pen-pol@desw.gov.in

OM ISSUED FOR 50% PENSION FOR LESS THAN 33 YEARS

No. 38/37/08-P&PW (A)

Government of India

Ministry of Personnel, PG & Pensions

Department of Pension & Pensioners' Welfare

3rd Floor, Lok Nayak Bhawan

Khan Market, New Delhi-ll0 003.

Dated the 06th April, 2016

OFFICE MEMORANDUM

Sub:- Revision of pension of pre-2006 pensioners – de inking of revised pension from qualifying service of 33 years.
The undersigned is directed to say that as per Para 4.2 of this Department's OMof even number dated 1.9.2008 relating to revision of pension of pre-2006 pensioners w.e.f 1.1.2006, the revised pension w.e.f. 1.1.2006, in no case, shall be lower than 50% of the sum of the minimum of pay in the pay band and the grade pay thereon corresponding to the pre-revised pay scale from which the pensioner had retired. A clarification was issued vide DoP&PW OM of even number dated 3.10.2008 that the pension calculated at 50% of the minimum of pay in the pay band plus grade pay would be calculated at the minimum of the pay in the pay band (irrespective of the pre-revisedscale of pay) plus the grade pay corresponding to the pre-revised pay scale.
2. Several petitions were filed in the Central Administrative Tribunal, Principal Bench, New Delhi inter alia claiming that the revised pension of the pre-2006 pensioners should not be less than 50% of the minimum of the pay band + grade pay, corresponding to the pre-revised pay scale from which pensioner had retired, as arrived at with reference to the fitment tables annexed to Ministry of Finance, Department of  Expenditure OM No. 1/1/2008-ICdated 30th August, 2008. Hon'ble CAT, Principal Bench, New Delhi vide its common order dated 1.11.2011 in OA No.65512010 and three other connected OAs directed to re-fix the pension of all pre-2006 retirees w.e.f.1.1.2006 based on the Resolution dated 29.8.2008 of the Department of Pension &Pensioners' Welfare and in the light of the observations of Hon'ble CAT in that order.
3. Orders were issued vide this Department's OM of even number dated 28.1.2013for stepping up of pension of pre-2006 pensioners w.e.f. 24.9.2012 to 50% of the minimum of pay in the pay band and grade pay corresponding to pre-revised pay scale from which the pensioner retired. Para 5 of this OM provides that in case the consolidated pension/family pension calculated as per para 4.1 of O.M. No.38/37/08- P&PW (A) dated 1.9.2008 is higher than the pension/family pension calculated in the manner indicated in the O.M. dated 28.1.2013, the same (higher consolidated pension/family pension) will continue to be treated as basic pension/family pension.
4. Subsequently, in compliance of the order dated 1.11.2011 of the Hon'ble CAT,Principal Bench in OA No. 655/2010, order dated 29.4.2013 of Hon'ble High Court of Delhi in WP (C) No. 1535/2012 and order dated 17.3.2015 of Hon'ble Supreme Court
in SLP (C) No. 36148/2013, order were issued vide this Department's OM of even number dated 30.7.2015 that the pension/family pension of all pre - 2006 pensioners/family pensioners may be revised in accordance with this Department's
O.M. No.38/37/08-P&PW(A) dated 28.1.2013 with effect from 1.1.2006 instead of 24.9.2012.
5. In accordance with the order issued in implementation of the recommendation of the 6th CPC, the pension of Government servants retired/retiring on or after 1.1.2006 has been delinked from qualifying service of 33 years. In OA No. 715/2012 filed by Shri. M.O. Inasu, a pre-2006 pensioner, Hon'ble CAT, Emakulam Bench, vide its order dated 16.8.2013 directed that the revised pension w.e.f. 1.1.2006 under para 4.2 of OM dated 1.9.2008 would not be reduced based on the qualifying service of less than 33 years. The appeals filed by Department of Revenue in the Hon'ble High Court of Kerala and in the Hon'ble Supreme Court have also been dismissed. Similar orders have been passed by Hon'ble CATlHigh Court in several other cases also.
6. The matter has been examined in consultation with the Ministry of Finance (Department of Expenditure). It has now- been decided that the revised consolidated pension of pre-2006 pensioners shall not be lower than 50% of the minimum of the pay in the Pay Band and the grade pay (wherever applicable) corresponding to the prerevised pay scale as per fitment table without pro-rata reduction of pension even if they had qualifying service of less than 33 years at the time of retirement. Accordingly, Para 5 of this Department's OM of even number dated 28.1.2013 would stand deleted.  The arrears of revised pension would be payable with effect from 1.1.2006.
7. 'Ministry of Agriculture, etc. are requested to bring the contents of' these orders to the notice of Controller of Accounts and Accounts Officers and Attached and Subordinate Offices under them for revising the pension of all those pre - 2006 pensioners who had rendered less than 33 years of qualifying service at the time of retirement in the manner as indicated above on top priority. Revised Pension Payment Orders in all these cases may also be issued immediately.
8. All pension disbursing offices of banks are also advised to prominently display these orders on their notice boards for the benefit of pensioners.
9. This issues with the approval of Ministry of Finance, Deptt. of Expenditure vide ID Note No. 2(9)/EV/2015, dated 15.3.2016.
10. Hindi version will follow.
(S~
Deputy Secretary to the Government of India
To
1. All Ministriesl Departments of Government of India. (as per standard mailing list).
2. All SCOV A Members
3. All identified Pensioners Association
Copy to (i) NIC Cell for uploading on the web site of the Department.
(ii) AD (OL), DoPPW for Hindi Version

Rajya Sabha MP writes to Parrikar; lists anomalies in One Rank One Pension scheme

Rajya Sabha MP Rajeev Chandrasekhar on Thursday wrote to Defence Minister Manohar Parrikar listing five anomalies that require attention and revision in order to fully implement One Rank One Pension scheme. He wrote the letter taking note of the terms of reference of one-man judicial committee which stated that it will "examine and make recommendations on references received from the Central government".
The government had on December 14 last year appointed Justice (retd) L Narasimha Reddy as the head of the committee to look into the implementation of OROP. Chandrasekhar said the initiative was a welcome move.
Listing the anomalies, he said equalisation of pensions every five years will bring disparity in pensions and result in senior-ranked officers drawing lesser pension than junior- ranked officers for five years. He said that fixation of pension as per calendar year 2013 would result in past retirees getting less pension of one increment than the soldier retiring today.
The Rajya Sabha MP said that since OROP was approved in the central budget 2014-15, applicability of the same must be 1st April of the same year. Another issue that he raised was denial of OROP to premature retirees from now on.
It is not desirable that pension entitlements under the pension regulations as per Defence Services Regulations be modified through OROP. "It will create a class within a class giving rise to a situation which may not withstand legal scrutiny," he said.