CLARIFICATION REGARDING GRATUITY TO PRE-1996

No. 38/42/2005-P&PW (F)

Government of India

Ministry of Personnel, PG & Pensions

Department of Pension & Pensioners' Welfare

3^rd Floor, Loknayak Bhawan

New Delhi-110003

Dated 17^th February 2005

               Office Memorandum

Subject:           Payment of difference of Gratuity to pre-1996 Central Government Pensioners - clarification regarding.

             The undersigned is directed to say that a number of representations have been received seeking confirmation whether in pursuance of Supreme Court Judgement, vide this Department's OM No. 45/86/97-P&PW (A) Pt. I dated 04.12.2004; pre-1996 pensioners have been made eligible for receiving additional gratuity. They have asked the concerned pensioners to apply to their respective Departments by furnishing details of PPO number, date of retirement, Bank details etc. It also contains a portion of the OM purported to have been issued by this Department but does not indicate the name of Officer under whose signature it has been issued.

2.         In view of the above, the factual position in the matter is as under:

(i)         This Department has not issued any OM on 4.12.2004 granting additional gratuity to pre-1996 pensioners as there is no such Supreme Court Judgement in that respect; and

(ii)        The extracts of OM reproduced by them purported to have been issued on 4.12.2004 is in fact a portion of this Department's OM dated 4.12.2001 bringing out certain modifications to OM dated 27.10.1997. In that OM, the Government consequent upon acceptance of the 5^th Pay Commission recommendations, inter-alia, prescribed that 100% of DA be added to the pay and on this the retirement/death gratuity be calculated. This was made effective from 1.1.1996. It did not change any provisions regarding percentage on DA for those who retired before 1.1.1996. Vide OM dated 4.12.2001 the Government clarified that the addition to DA for calculation of gratuity would be applicable for calculation of all types of gratuities like death/ retirement/ service gratuity. In this OM also there is no change in other provisions of OM dated 27.10.1997 including the cut-off date of 1.1.1996. This was further clarified vide para (ii) of OM dated 18.2.2003. Hence, prior to 1.1.1996, only basic pay was reckoned as emoluments for computation of gratuity. It has not been agreed to extend the benefits to retirees prior to 1.1.1996 as for grant of any benefit, prescription of a cut-off-date is essential keeping in view various constraints including financial constraints. 

( M.P. Singh )

Director (PP)

Tel. 24624802

To

1.                  'persmin.nic.in' - website of the Ministry of Personnel, PG & Pensions

2.                  All Ministries/Departments of Government of India

3.                  Copy to C&AG

4.                  Controller General of Accounts

5.                  Controller of General of Defence Accounts

6.                  As per standard mailing list.

LETTER SENT TO SERVICE CHIEFS & DM BY VOP

Dear Sir/Madam,

NJUSTICE DONE TO MIDDLE RANKS OF PBOR IN DEFENCE FORCES BY 6th CPC

Havildars in ARMY, Sergeants in IAF, Petty officers  in NAVY  who were placed in the 5000 scale by 5th CPC was put in the PB-1 scale by 6TH CPC in the name of merger of lower posts and the government did not  intervened to improve it as done in case of HAG scale of central govt employees.The SHQ being the sole stake holder on behalf of PBOR did not raise any objection to this unlike civilian counter parts. All central govt employees except defence forces who where placed in the basic scale of 5000 by 5th CPC was brought in to PB-2 by 6th CPC .This is a clear case of discrimination against the middle ranks in the PBOR of defence forces and this anomaly should be rectified when the cabinet gives it approval to  7th CPC recommendations .We suggest an alternate solution to this anomaly by abolishing the Rank of HAV(Hav & equivalents) & merging it with Nb Sub.(Nb Sub & equivalents)

With Regards,

The Voice of pensioners

End impasse on OROP, Jethmalani tells Parrikar

 

 National

NEW DELHI, December 25, 2015

Updated: December 25, 2015 00:02 IST

BJP’s pledge before polls is now being ‘dishonestly repudiated’, says letter to Defence Minister

Senior advocate Ram Jethmalani, in a strongly worded letter to Defence Minister Manohar Parrikar, asked him to use his good offices with Prime Minister Narendra Modi to end the impasse on the issue of One Rank, One Pension (OROP).

A former BJP leader, Mr. Jethmalani has of late become a fierce critic of the Modi government and is also legally representing the protesting ex-servicemen.

“The Hon’ble Prime Minister’s only excuse for non-compliance of the promise repeatedly made by Shri Modiji during the campaign is that he had not understood the financial implications of the proposal. This is not what one expects from the Prime Minister,” Mr. Jethmalani said in the letter written on Wednesday.

This excuse he noted was unjust and totally irrelevant and did no credit to the government. “This is worse than your party president’s excuse for not fulfilling the black money pledge by calling it an election joke (jumla),” he said referring to BJP president Amit Shah’s remarks early this year that the promise to deposit Rs. 15 lakh in everyone’s account from black money brought back to the country was a “political jumla”.

“You are one of the few Ministers for whom I have great respect and that alone induces me to write this to you,” Mr. Jethmalani said. He cautioned Mr. Parrikar that “there is some misunderstanding being created by some in your own party who want ‘a Bihar’ to be repeated in other States.”

Observing that the OROP has been a “solemn promise” repeatedly made by the BJP during the last election campaign, Mr. Jethmalani said this binding pledge was now being “dishonestly repudiated” and cautioned that jawans were not going to accept a clear violation of the solemn promises made to them.

Requesting Mr. Parrikar to “apply your mind to this serious matter” Mr. Jethmalani said he could personally attend the meeting “if one takes place to sort this out”.

The government, on November 7, had issued the notification for implementing the OROP. However, the veterans rejected it saying that it diluted the OROP as promised by the government and as accepted by the Parliament.

The major issues of disagreement are the issue of premature retirement (PMR) and pension equalisation. The notification stated that “those opting for the PMR henceforth on their own accord will not be eligible for the OROP” which caused major concern among the serving community. In addition veterans have been demanding annual equalisation of pension as against five years proposed by the government, which is against the spirit of the OROP.t

MILITARY SERVICE PAY (MSP)  A  HYPOTHETICAL  3D PROJECTION

TO DEPRIVE PARITY WITH CIVILIAN COUNTERPARTS BY WINDOW DRESSING

The MSP element of a soldier is very cleverly structured  & arranged by the 7^th CPC comprised of Babus to deprive the soldiers of the parity with their civilian counter parts, they have calculated at the parity in the pay scale of soldiers ranks with civil post including the MSP .

The analogy & grant of MSP to a soldier is due to the following reasons.

1)  The hazardous working condition of soldiers, including war, war like situation, insurgency operation, Pledged  to sacrifice life in defending nation & living in adverse climatic conditions.

2)Performs  24 hrs duty in comparison with civilian who works for 8 hrs a day & 5 days in a week.The civilian employee Draws overtime allowance beyond that, Most of the Soldiers are staying away from their family & children in forward areas depriving of family life

3)  The soldiers have given an undertaking to serve safe guard the country for a specific period of time surrendering their fundamental rights unlike civilian counterparts who have trade union & right to strike.

Hence this is an additional benefit granted to soldiers only due to unique working environment & it is in addition to parity with civilian counterparts but not inclusive.

 Further the element of MSP is given to soldiers in such a way to discriminate the JCO/OR who constitute a major chunk of armed forces.If we take an example of an infantry division, the real threat to life is more for JCO/OR who is in the forefront of war field & a mere MSP of Rs 5200/is recommended for them.In short lives of different categories are differently valued.

An MSP of Rs 10500 is recommended for MNS who have less threat to life  & working in hospitals in much better conditions.

An MSP of Rs 15000 is recommended for commissioned officers.

 It is to be noted that life is invaluable to everyone & discriminatory treatment in this regard is highly inhuman.

 Let us hope that some sense of humanity will prevail on the political junta to do away with this inhuman treatment given to soldiers of the country by bureaucracy.

MBC

ONE MAN JUDICIAL COMMISSION APPOINTED TO LOOK IN TO THE ANOMALIES IN OROP