Amendments in Ex-servicemen (Re-employment in Central Civil Services and Posts) Rules, 2012 - Gazette Notification

Amendments in Ex-servicemen (Re-employment in Central Civil Services and Posts) Rules, 2012 - Gazette Notification

[To be published in the Gazette of India, Extraordinary, Part II, Section 3, Sub section (I)]

Government of India
Ministry of Personnel, Public Grievances and Pensions

NOTIFICATION

New Delhi, dated the 4^th October, 2012

G.S.R. – In exercise of the powers conferred by the proviso to article 309 of the Constitution, the President hereby makes the following rules further to amend the Ex-servicemen (Re-employment in Central Civil Services and Posts) Rules, 1979, namely:-

1.

(1) These rules may be called the Ex-servicemen (Re-employment in Central Civil Services and Posts) Amendment Rules, 2012.

(2) They shall come into force from the date of their publication in the Official Gazette.

2. In the Ex-servicemen (Re-employment in Central Civil Services and Posts) Rules, 1979

(I) in rule 2, for clause (c), the following clause shall be substituted, namely:-

           (c) An ‘ex-serviceman’ means a person -

                      (i) who has served in any rank whether as a combatant or non­combatant in the Regular Army, Navy and Air Force of the Indian Union, and                                                                                                                                 

                                   (a) who either has been retired or relieved or discharged from such service whether at his own  request or being relieved by the employer after earning his or her pension; or                                 

                                  (b) who has been relieved from such service on medical grounds attributable to military service or circumstances beyond his control and awarded medical or other disability pension; or

                                    (c) who has been released from such service as a result of reduction in establishment;

or

(ii) who has been released from such service after completing the specific period of engagement, otherwise than at his own request, or by way of dismissal, or discharge on account of misconduct or inefficiency and has been given a gratuity; and includes personnel of the Territorial Army, namely, pension holders for continuous embodied service or broken spells of qualifying service;

or

(iii) personnel of the Army Postal Service who are part of Regular Army and retired from the Army Postal Service without reversion to their parent service with pension, or are released from the Army Postal service on medical grounds attributable to or aggravated by military service or circumstance beyond their control and awarded medical or other disability pension;

or

(iv) Personnel, who were on deputation in Army Postal Service for more than six months prior to the 14^th April, 1987;

or

(v) Gallantry award winners of the Armed forces including personnel of Territorial Army;

or

(vi) Ex-recruits boarded out or relieved on medical ground and granted medical disability pension.

(2) for rule 3, the following rule shall be substituted, namely:-

"3. Application – These rules shall apply to all the Central Civil Services and Posts and the posts upto the level of Assistant Commandant in all paramilitary forces."

(3) in rule 4,-

(a) for sub-rule(I), the following sub-rule shall be substituted, namely:-

"(i) Reservation of vacancies: — Ten per cent of the vacancies in the posts upto of the level of the Assistant Commandant in all para-military forces, ten per cent of the vacancies in Group ‘C’ posts; and twenty per cent of the vacancies in Group ‘EY posts, including permanent vacancies filled initially on a temporary basis and temporary vacancies which are likely to be made permanent or are likely to continue for three months and more, to be filled by direct recruitment in any year shall be reserved for being filled by ex- servicemen."

(b) for sub-rule(2), the following sub-rule shall be substituted, namely:-

"(2) The Scheduled Castes, the Scheduled Tribes and the Other Backward Class candidates selected against the vacancies reserved for ex-servicemen ^.shall be adjusted against vacancies reserved for Scheduled Castes, Scheduled Tribes and Other Backward Classes, respectively:

Provided that if a the Scheduled Caste or the Scheduled Tribe or the Other Backward Class ex-servicemen is selected against the vacancy reserved for ex-servicemen and vacancy reserved for the Scheduled Castes or the Scheduled Tribes or the Other Backward Classes, as the case may be, is not available to adjust such ex- serviceman, he shall be adjusted in future against the next available vacancy reserved for the Scheduled Castes or the Scheduled Tribes or the Other Backward Classes, as the case may be."

(c)

after sub-rule (3), the following proviso shall be substituted, namely:-

"Provided that in case of recruitment to the vacancy reserved for Ex-servicemen in the Central Para Military Forces, the reserved vacancy remained unfilled due to non-availability of eligible or .qualified candidates, the same shall be filled by candidates from non-ex-servicemen category".

(4) for rule 5, the following rule shall be substituted, namely:-

"(5) (a)

  For appointment to vacancies in Group B(Non-Gazetted), Group C or Group D posts in Central Government, an ex- serviceman shall be allowed to deduct the period of actual military service from his actual age and if the resultant age does not exceed the maximum age limit prescribed for the post for which he is seeking appointment by more than three years, he shall be deemed to satisfy the condition regarding age limit.

(b) For appointment to any vacancy in Group A and Group B services or posts filled by direct recruitment otherwise than on the results of an Open All India Competitive Examination, the upper age limit shall be relaxed by the length of military service increased by three years in the case of ex- servicemen and commissioned officers including Emergency Commissioned Officers or Short Service Commissioned Officers.

(c) For appointment to any vacancy in Group A and Group B services or posts filled by direct recruitment on the results of an All India Competitive Examination, the ex- servicemen and Commissioned Officers including Emergency commissioned Officers or Short Service Commissioned Officers who have rendered at least five years military services and have been released -,

(i)on completion of assignment (including those whose assignment is due to be completed within one year) otherwise than by way of dismissal or discharge on account of misconduct or inefficiency; or

(ii) on account of physical disability attributable to military service or on invalidment, shall be allowed maximum relaxation of five years in the upper age limit.

VIEW ORIGINAL ORDER-CLICK HERE

'Lot of work remains for meeting demands of ex-servicemen' Air Chief Marshal N A K Browne

'Lot of work remains for meeting demands of ex-servicemen'

The Rs 2,300 crore package announced by the government for ex-servicemen was a "small incremental change" and a lot of work is still to be done, Air Chief Marshal N A K Browne said today. "You have already heard the views of the ex-servicemen on the issue and this is just being the small incremental change that has taken place. It is not the final OROP (One Rank One Pension) that ex-servicemen are seeking. Only the fixation issues have been changed and much more work is still to be taken," the IAF Chief said here. The government had announced a package of Rs 2,300 crore towards meeting the pension demands of the armed forces last month, but ex-servicemen groups and associations had expressed disappointment over the step and termed it as an eyewash. The Services have been demanding anomalies and issues over pay and pension be addressed by the Centre and have been writing letters to it. Recently, Defence Minister A K Antony had termed the Rs 2,300 crore package as an ongoing process towards meeting the OROP demand of ex-servicemen. http://www.business-standard.com/generalnews/news/lotwork-remains-for-meeting-demandsex-servicemen/64915/ .

Defence Line - One Rank One Pension - 29 Sept 2012 - Part 2

 

1,8

Defence Line - One Rank One Pension - 29 Sept 2012 - Part 1

 

2,752 

One rank one pension move too little, too late: Ex-Army Chief WATCH LIVE TELECAST

One rank one pension move too little, too late: Ex-Army Chief

Karan Thapar, CNN-IBN | Sep 26, 2012 at 08:24am

Former Army Chief General VP Malik has blamed the UPA government for rising discontent in the armed forces.

Follow this link to see the live telecast


http://ibnlive.in.com/videos/295212/one-rank-one-pension-move-too-little-too-late-exarmy-chief.html

VISHAL RALLY AT JANTAR MANTAR NEW DELHI ON 01 DEC 2012

VISHAL RALLY AT JANTAR MANTAR NEW DELHI ON 01 DEC 2012

“DEFENCE VETERANS AGAINST INJUSTICE”, 

 Dear Veterans,                                                                    

1.    The Govt has not only left 39 serious anomalies in Pay & Pension of Defence Personnel unresolved, it has also not implemented the judgements of Armed Forces Tribunal & Supreme Court given in favour of Defence Personnel. Recommendations of Rajya Sabha Petition Committee on OROP strongly recommending OROP to Defence Personnel have not been implemented.

2.    OROP issue which has been duly analysed for over 7 months by members of parliament,  was assigned to a Committee of secretaries who had earlier given evidence to Rajya Sabha Committee against the grant of OROP.  What could be expected from them? PM, RM and the three Chiefs were apprised of it. On 24^th Sep 2012 (Evening) the Govt misled the soldiers and the Nation when they announced that OROP has been approved. In fact the approval is nowhere close to the OROP.  

They Government has removed one serious anomaly of 6^th CPC where the bureaucracy had manipulated the recommendation of 6 CPC i.e “minimum of pay of the Rank in the Pay band was changed to Minimum pay of the Pay Band”. In addition for Sepoy to Hav, they have given two years additional weightage which means an increase of only Rs 400 per month. 

The demand by three Chiefs to include members from the serving and retired Defence personnel in the Committee was not accepted.

2. Our struggle to get Justice therefore, will be continued with increased intensity. With the above in mind, a Rally has been planned to be held at Jantar Mantar New Delhi on 01 Dec 2012 from 1030 – 1530hrs. All ESM who have not deposited their medals are requested to do so in large numbers.  Medals can be collected area wise and brought to the Rally or individual ESM may deposit their medals at the rally site.

3.   Future course of action and resolutions will be collectively passed at the Rally to ensure that we get our due Justice. This Rally in Delhi is being held to showcase the continued apathy and mistreatment to the military and to impress upon the Government to see the writings on the wall and act fast to address all grievances of Defence personnel expeditiously.

4.   In last ten years, the Defence Forces have suffered a lot of ignomies and humiliations due to apathetic attitude of the Govt. and the bureaucracy.  The government is mistaken if it thinks that by dragging its feet on the issue of the Armed Forces dissatisfaction with the recommendations of the Sixth Pay Commission, it can make the issue go away.

5. A country that refuses to respect its armed forces will eventually end up getting forces that will not respect the nations' aspirations. A country makes a sacred contract with its soldiers that while he/she will lay down his/her life when called upon to do so, the nation will take good care of his/her and his/her family's needs to the extent its resources would permit.

                         

6.  Besides the Rally schedule, it is proposed to take out a March of 3 – 4 Km on a designated route.  It is also planned to prepare a vehicle platform on which gallantry and Distinguished Service Medals number approx 10 thousand which have already been deposited with us by volunteer ESM and a large number which will be deposited on the day of the Rally will be respectfully placed in a “Show Case” separately made for the purpose.  This will be placed at the Rally Site and moved along with scheduled March during the Rally.  Subsequently, it is planned to move the vehicle along with the “Show Cased Medals” at various locations in the NCR for a period of 5 – 7 days. Four volunteer ESM will always escort the medals on the vehicle.

7.  IESM Conveners in nearby states i.e. Haryana, Rajasthan, Punjab, Himachal, Uttrakhand, UP who desire to parade the vehicle with Medals in their respective States may write to IESM HQ, at 543 Sector 23, Gurgaon (Haryana) on mail  ID :satbirsm@gmail.com The vehicle would be  planned to be dispatched to the volunteer states for a period of 3-4 days.

8.  Veterans, their family members and supporters in large numbers are requested to attend the above Rally. As hither to, part reimbursement of transport will be made by IESM. All administrative arrangements will be tied up. All ESM who have uniforms with them are requested to come in uniform, others may wear Mufti Dress with Regimental tie and cap.  All those who don’t have Mufti may wear Shirt & trouser.

10.  Plan now to keep 01 Dec 2012 free for yourself and the family members and make sure that you all attend the above Rally in large numbers. Your participation is essential to Show Case the collective strength of Defence Veterans to get our due Justice.

11.   MUST join the rally to ensure “sure win” against the Injustice.

“Manjle Bahut Hongi, Karvan Bahut Honge,

Bhirh Wahan Hogi, Jahan Sikandar Honge”

With Regards,

Jai Hind

Yours Sincerely,

Maj Gen (Retd) Satbir Singh, SM

Vice Chairman Indian ESM Movement

Email: satbirsm@gmail.com

UPA GOVERNMENT''S CRUEL JOKE TO EX-SERVICEMEN

Taking steps for one-rank, one-pension demand: Govt

NEW DELHI: Stung by trenchant criticism of ex-servicemen who have called the Rs 2,300 crore pension package announced for them "a joke and mere eyewash'', the government on Wednesday said it was taking "steps in phases'' towards meeting the eventual aim of one-rank, one-pension (OROP). 

"The journey towards the OROP goal is a continuous process. Despite the country's critical financial position, the government came out on Monday with the Rs 2,300 crore package for ex-servicemen,'' a senior official said. 

"This is the third time that the government has increased the pensions of ex-servicemen after the 6th Pay Commission. On implementation of the latest package, the pensions of officers will go up from 10% to 28% (Rs 565 to Rs 3,741 per month), while that of other ranks will increase by 9.7% to 13% (Rs 500 to Rs 800 per month). Dearness relief would be payable in addition,'' he added. 

Ex-servicemen, however, are furious with the government for trying to project the Rs 2,300 crore pension package as the fulfillment of their long-pending OROP demand, which basically means payment of uniform pension to personnel retiring in the same rank with the same length of service irrespective of their date of retirement. 

"The OROP story has turned out to be a government joke. The government has just rectified anomalies created by bureaucrats in earlier pay commissions. They in any case would have been enforced through court orders,'' said a retired major-general. 

The government, on its part, said family pensioners have also been given the benefit of enhanced pensions, ranging from an increase of Rs 242 to Rs 2,500 depending upon their existing pensions. 

"Moreover, defence and family pensioners will also benefit from dual family pension and family pension to mentally/physically challenged children even after marriage," the official said.

http://timesofindia.indiatimes.com/india/Taking-steps-for-one-rank-one-pension-demand-Govt/articleshow/16563305.cms

UPA GOVERNMENT IS SHOWING CROCODILE TEARS TO MOLLIFY ESTRANGED EX-SERVICEMEN

“Despite critical finances, government is sympathetic towards armed forces”

Even as ex-servicemen have voiced dissatisfaction over the UPA government’s Rs. 2,300-crore package for pensioners, saying it has fallen short of their expectations, sources in the Defence Ministry maintain that “One Rank, One Pension” is a continuing process.  In a bid to blunt criticism, a senior official on Wednesday said the government’s package, despite the critical finances of the country, “is indicative of its sympathetic attitude towards personnel of the armed forces.”

Aim to cover gap in phased manner

The sources said the overall aim of the package was to cover the gap in a phased manner. It was the third time the government increased pensions of ex-servicemen after the Sixth Pay Commission recommendations had been implemented in 2008. “Every ex-serviceman has benefitted from this latest exercise, which has several measures aimed at enhancing the pension of pre-2006 persons below other ranks (PBORs) pensioners and family pensioners.” This would benefit about 13 lakh pensioners, the total cost entailed being Rs. 1,400 crore.

9.7% to 13% rise

On implementation, the sources said, the PBORs would get a raise ranging from 9.7 to 13 per cent over the existing pension, and Commissioned Officers would get an increase ranging from 10 to 28 per cent.

As a result, the basic pension of a sepoy in group ‘Y’ with 17 years of service would increase by about Rs. 500 a month, of a Naik with 22 years of service by about Rs. 550 and of a Havaldar in Group ‘Y’ with 24 years of service by about Rs. 800, the sources explained. Dearness relief would be payable in addition.

Raise for Commissioned Officers

For Commissioned Officers, the increase would range from Rs. 565 to Rs. 3,741 a month depending on the rank. It would range from Rs. 1,500 for Captains to Rs. 3,650 for Major-Generals. These benefits, the sources said, would be in addition to what already accrued to them after implementation of the 2005 order and increase in pension on account of the Sixth Pay Commission recommendations with reference to a change in the pay band of a Lieutenant Colonel to pay band 4.

Family pensioners would also benefit by an increase of Rs. 242-2,500 depending on their existing pension.

http://www.thehindu.com/news/national/one-rank-one-pension-a-continuing-process-ministry/article3939516.ece