OROP- AN OLD WINE IN THE NEW BOTTLE

To sushmaswaraj@hotmail.com

Today at 9:56 AM 

Respected Madam,

 Mr.Chidambaram was misleading the Lok Saba when he told during his budget speech that one rank one pension has already been granted to Havildars & equivalent ranks of armed forces & needs to be done only in case of Sepoy , Naik , Major & above .
It is very far from truth. Maximum disparity exists between the pre &post 2006 Rank of sergeant(Havildar) of same group & length of service

Example;-

The minimum basic bay of an X group sergeant (Havildar) of air force with 15 years of service as per 6th CPC is 15500. Hence his present basic pension  as per 6th CPC is 7750(50% of 15500). Where as a pre -2006 sergeant(Havildar) of same group & length of service  now gets only a basic pension of 6374.

The relevant authority circular for the above calculation is attached herewith.

Kindly take up this matter in the Lok Saba during discussion on the finance bill  for the welfare of Ex-servicemen of this country.

May god bless you

With regards,

M.B.CHANDRAN MENON

• 2 Attachments

• IAF PAY
• 471.pdf
• (copy of mail send to leader of opposition)

ONE RANK ONE PENSION APPROVED FOR EX-SERVICEMEN

The Centre today announced that it has accepted the "one rank, one pension" principle for the forces as part of a 10 per cent hike in the defence budget, a decision that the ruling Congress hopes will win it the support of lakhs of soldiers ahead of the national election, due by May.
In his interim budget speech, Finance Minister P Chidambaram announced that the defence budget was being raised to Rs. 2,24,000 crore.
"Rs. 500 crore will be transferred in 2014-15 for implementing the one rank one pension decision," he added.
Under the "one rank, one pension" rule, retired soldiers of the same rank and length of service will receive the same pension, regardless of when they retire. Currently, pensioners who retired before 2006 receive less pension than their counterparts, even their juniors.
The mega announcement comes three days after Rahul Gandhi endorsed it after meeting a delegation of ex-servicemen last Friday.
This will be implemented prospectively in the financial year 2014-2015. 
http://www.ndtv.com/rank-one-pension 

Rahul Gandhi shows '' cape of good hope'' for Ex-servicemen voyager?? is it an island with OROP ?????????

New Delhi, Feb 14, 2014 DHNS:

Congress vice-president Rahul Gandhi on Friday lent his support to the long-standing demand of ex-servicemen for “one rank, one pension” (OROP).
“I am on your side. I understand your concerns. You give your life for the country, I will do all that I can to see that your demands are met,” Gandhi told various state delegations of ex-servicemen who met him.
The delegations from Haryana, Rajasthan, Himachal Pradesh and Punjab met the Congress vice-president on Friday and pressed for implementation of OROP.

There are over two million defence pensioners who receive differential retirement benefits. All pre-2006 pensioners receive lesser pension than those who retired in the same rank later and even than those of junior rank.
A colonel who retired in 2003 gets Rs 26,150 as pension compared to Rs 34,000 drawn by a colonel who retired this year. BJP prime ministerial candidate Narendra Modi had also reached out to them when he addressed a huge rally of ex-servicemen in Rewari last year with former Army Chief V K Singh joining him on the dais.
Gandhi assured the ex-servicemen that he would make all efforts to ensure that this long-standing demand is met at the earliest.

http://www.deccanherald.com

Defence forces to get special hearing from 7th pay panel

NEW DELHI: The armed forces are finally in for a special hearing, with the Centre likely to separately deal with issues pertaining to their service conditions and payment structures in the 7th Central Pay Commission. The Union government, however, has not accepted the demand for military representation on the pay panel.

The terms of reference for the 7th CPC, to be cleared by the Cabinet, will for the first time include a paragraph on the defence forces. It has come in response to intense lobbying by the defence ministry and the armed forces, with the latter for long complaining of a "raw deal" compared to their civilian counterparts in the fixation of salaries by the central panel.

According to the terms of reference, the pay panel will examine the salary structure and benefits, including retirement benefits, with "due emphasis on the aspects unique to these (military) personnel". The allowances could be reviewed in view of the hardships, both in terms of operations and frequent transfers, associated with military service.

The focus on the defence forces comes in the wake of the massive unrest triggered by the 6th CPC report which led to the three Service chiefs lodging serious complaints about the recommendations.

There is another plus for the defence forces, with Justice Ashok Kumar Mathur to chair the pay commission. He has been the chairman of the Armed Forces Tribunal and the government says he is conversant with the issues related to defence forces.

Thus, while keeping a representative of the defence forces has not been accepted on the grounds that it would lead to similar demand from other specialized services, the presence of the chair is sent to indirectly meet the demand.

While the pay panel is a populist move given the vast vote base that government employees make, the defence community of 14 lakh serving and 23 lakh retired military personnel itself swells into a sizeable - albeit diffused - vote bank of around 1.5 crore people if family members are also taken into account.

The government was rattled by the widespread anger in the armed forces in 2008-2009 when they complained that successive pay panels had failed to address their long-pending pay and pension "anomalies". Hundreds of ex-servicemen continue to protest by returning their medals even today over the failure of successive governments to implement the one-rank, one-pension principle despite it being promised by most parties in their manifestoes.

In June last year, defence minister A K Antony had written a frantic letter to PM Manmohan Singh to express alarm over the "growing discontentment" among the armed forces, which led to the constitution of a committee under cabinet secretary Ajit Kumar Seth to look into their grievances. http://timesofindia.indiatimes.com 

Rahul Gandhi backs one rank, one pension demand

Around 3 million defence pensioners may finally see their long-standing demand of ‘one rank, one pension (OROP) fulfilled with Congress vice-president Rahul Gandhi reportedly backing the proposal.RahulGandhi will meet a delegation of ex-servicemen (ESM) on Friday to discuss the OROP issue, which could boost the Congress’ fortunes in an election year.
"He is taking personal interest in the OROP issue and there could be some forward movement,” a source said. The Congress vice-president will also address an ESM rally in Uttarakhand on February 22.
 The OROP will ensure that retired soldiers of the same rank and the same length of service receive the same pension, irrespective of their date of retirement. The scheme is estimated to cost Rs. 2,000 crore annually.
Currently, all pre-2006 (the year the 6th pay panel report became effective) pensioners receive lesser pension than not only their counterparts but also their juniors. For instance, a major general who retired in 1995 draws a basic pension of Rs. 30,350 but an officer retiring in the same rank after 2006 gets Rs. 38,500. Similarly, a colonel who retired in 2003 gets Rs. 26,150, compared to Rs. 34,000 drawn by a colonel who retired this year.
Gandhi’s now-famous interventions are seen to produce results, be it raising the cap on LPG cylinders from nine to 12 or junking a controversial ordinance shielding convicted lawmakers.
 The push for OROP, which will benefit about 600,000 widows, comes at a time when Gandhi has made a strong pitch for women’s empowerment.
 He also seems to have tapped into a potent source of discontent among defence pensioners.
“My pension is lesser than a colonel’s. It is humiliating. The ESM vote will go to the party that implements the OROP,” said Major General Satbir Singh (retd), who heads an ESM outfit. ESM groups claim they can influence at least three crore votes.
Decorated veterans have in the past returned their medals, gone on hunger strikes and signed petitions in blood to draw the government’s attention to the OROP issue.
The government had in 2009 declared that it had earmarked Rs. 2,200 crore annually to improve the pension of jawans, a step it described as “partial implementation” of the OROP that had benefitted 1.2 million pensioners.
http://www.hindustantimes.com

CONTEMPT PETITION IN CAT PB NOT AFFECTED BY SLP IN SC

The contempt petition 158/2012 filed by pre-2006 pensioners  came up for hearing on 12/02/2014,before the principal bench of CAT PB.Hectic arguments took place on this day.The proceedings on 12th feb were very positive. The UOI was trying to confuse & force the court to buy time but none of which was accepted by the court.
The three SLP'S filed UOI  in SC did not affect the hearing of this case in CAT PB so far.
The case is adjourned to 19/02/2014 for further hearing.

7th CPC CONSTITUTED

The government constituted the Seventh Central Pay Commission under the 

chairmanship of retired Supreme Court 

judge Ashok Kumar Mathur to review

 the salaries of over 5 million employees.

The panel will submit its report in two years and the recommendations would be

implemented from January 1, 2016, a Finance Ministry statement said.Prime Minister 

Manmohan Singh has approved the composition of the Commission that has 

one full-time and one part-time member, besides the chairman, the statement added.

Petroleum and Natural Gas Secretary Vivek Rae has been appointed a full-time member, while National Institute of Public Finance 

and Policy director Rathin Roy is a part- 

time member. Meena Agarwal, an officer on special duty in the finance  ministry's expenditure department, has been appointed the Commission's secretary.

HEARING OF 3 SLP'S FILED BY UOI AGAIN ADJOURNED

Hearing of 3SLP'S (C)   36148-50/2013 filed by UOI in supreme court regarding modified parity to pre-2006 pensioners which is listed to be heard on 04/02/2014 is now adjourned to 22/04/2014

GOI TO FILE CURATIVE PETITION IN SC REG: MODIFIED PARITY TO PRE-2006 PENSIONERS

The review petition 2492/2013 filed by UOI in supreme court against the DHC judgement was dismissed . However, in a related matter  SLP (C) 36148-50/2013 filed by UOI in the SC against Delhi high cort order dt 29/04/2013 in WPs NO 2348-50/20`12  is listed for hearing on 04/02/2014.The matter being similar, based on the advice of of law ministry, the department is taking action for filing curative petition in SC against dismissed review petition.
The information was given under RTI to Sh .V.Natrajan, vide RTI NO 38/7/2014-P&W(A) DT 24th JAN 2014.

CENTRAL GOVT EMPLOYEES ON STRIKE DEMANDING DA MERGER & OTHER ISSUES

The Confederation of Central Government Employees and Workers has called for a countrywide stir on February 12 and 13 to highlight their demands.
The conferderation had urged the Central government employees to participate in the 48-hour stir. The major demands put forth by the confederation include merging dearness in basic salary, regularisation of temporary employees, review of salary allowances and other.
Regional president of the confederation RN Parashar addressed two gatherings, one at Rail Mail Service (RMS) on Cantt side of the railway station and other at GPO on Bada Chauraha. Parashar said that the national president of the confederation KKN Kutti and national general secretary M Krishnan had urged the Centre to accept their demands while staging demonstration on January 9 at Jantar Mantar in Delhi.
On January 10, the decision was reached to hold a two-day stir in which the employees of railways and defence establishments were also urged to join.
He mentioned that on Wednesday, the employees of Income Tax department, postal department and others will be urged to participate in the stir.

CONTEMPT PETITION IN CAT PB ADJOURNED

Dear Friends,
The contempt  petition CP 158/2012 which is listed to be heard in CAT PB on 15/12/2014 stands adjourned to 12/02/2014. Hence it is obvious that the CAT PB doesn't want to take up this contempt petition before supreme court takes a decision in the 3SLP'S filed by UOI.

PRE-2006 PENSIONERS CASE A REVIEW

The UOI  filed  appeal WP(c) 1535/2012in DHC against judgement by CAT PB in modified parity case of pre-2006 pensioners  in OA 655/2010.This appeal was heard  by DHC along with three other appeal  WP(C) 2348-50/2012   filed by UOI  against CAT judgement conferring full parity to pre-2006 pensioners. The judgements in above four cases were delivered together dismissing all the four appeals & conferred full parity in all the cases. 

The UOI preferred an SLP 23055/2013 in SC against the dismissal of its appeal WP(c) 1535/2012 by DHC & did not file appeal in SC in respect of other three cases (WP(C) 2348-50/2012)  & the SC dismissed the SLP 23055/2013. The UOI again made a last attempt by filing a review petition RP(C) 2492/2013 in SC against the dismissal of SLP 3055/2012.

The review petition also stands dismissed. The UOI has now left with no ammunition in their gun to fire against judgement in OA 655/2010 by CAT PB. Hence this judgement has been able to withstand the entire judicial scrutiny available in the country. Now it is awaiting a judicial contempt & administrative remedy.

The UOI has again  up on their foot with another 3 SLP’S  SLP(C) CC18339-41/2013 in SC against the  dismissal of the left over three appeal  WP(C) 2348-50/2012 by DHC. These appeals are coming for hearing again on 04/02/2014 for admission since argument on earlier occasion could not be concluded. Ironically the SC has granted stay on proceeding with contempt proceedings either in CAT or in DHC for implementation of the judgement by DHC in above three cases (WP(C) 2348-50/2012).

Even though the UOI has left with no arrows in their quiver, still  attempt to throw the empty quiver itself on the pensioners. There is no doubt that these SLP’S will also meet with same fate as earlier one.

GOVERNMENT OF INDIA

MINISTRY OF  PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS

RAJYA SABHA

UNSTARRED QUESTION NO-846 By
Shri BALWINDER SINGH BHUNDAR

Benefits of Sixth Pay Commission to retirees: Govt reply in Rajya Sabha

The orders for implementation of the decision taken by the Government on the recommendations of 6th CPC for revision for pension of past pensioners were issued vide this Department’s Office Memorandum(OM) dated 1.9.2008. The provisions of Para 4.2 of this OM were clarified vide this Department’s letter dated 3.10.2008.

The Central Administrative Tribunal, Principal Bench, New Delhi in its order dated 1.11.2011 observed that by the OM dated 3.10.2008 the original orders of 1.9.2008 have been modified. Hon’ble CAT directed that the past pensioners may be granted, w.e.f. 1.1.2006, a minimum pension @ 50% of the minimum pay corresponding to the pre-revised pay scale with reference to the fitment table applicable for revision of pay of serving employees.

 Writ Petitions were filed in the Hon’ble High Court of Delhi challenging the above mentioned order.

 In its order dated 29.4.2013, the Hon’ble Delhi High Court has upheld the order dated 1.11.2011. After considering the order of Hon’ble High Court of Delhi and various representations received in this regard, Special Leave Petition was filed by the Department of Pension and Pensioners’ Welfare in the Hon’ble Supreme Court of India.

 Department of Pension & Pensioners’ Welfare filed an SLP in the Hon’ble Supreme Court against this order. This SLP came up for hearing on 29.7.2013 and was dismissed and the Review Petition was also dismissed.

Union of India has also filed SLP against the order dated 29.4.2013 in Writ Petitions No.2348/2012, 2349/2012 and 2350/2012 in the Hon’ble Supreme Court which came up for hearing on 19.11.2013. The Hon’ble Supreme Court directed to list the SLP alongwith CA No.8875-8876 of 2011 filed by Ministry of Defence and is now listed for hearing on 4.2.2014. The matter is therefore sub-judice.

CONTEMPT PETITION IN CAT PB ADJOURNED

Dear friends,
The contempt petition No. 158/2012 filed  in CAT PB for non-implementation of it's  judgement in pre-2006 pensioners case 655/2010 which was listed to be heard on 18/12/2013 is again ADJOURNED  to 15/01/2014.It seems justice is again delayed to many of us & indeed denied to some of us.