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  • Wednesday, 8 March 2023

    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 6th CPC AND 7th CPC

     

    2) The above X GP concept and formula evolved by 6th 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 7th CPC Pay level 6 (35400) corresponding to PB-2 of 6th CPC Pay scale with grade pay of Rs 4200 & the entry level of 7th CPC Pay level 5 (29200) corresponding to PB-1 of 6th 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 7th CPC (35400-29200 = 6200)  for all 7th 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 7th 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 6th 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 6th 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 10th 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 7th CPC

    7) It is brought to your kind attention that the 7th 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 4th CPC to 6th CPC for arriving at the corresponding Pay in the Pay matrices of 7th 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 7th 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 6th CPC has been revised to Rs. 6200 in 7th 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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    4 comments:

    1. Sir NICE presentation and with you in this struggle. AS per their (PCDA & DSEW) calrification Calculation is Faulty.
      Ex.1 If diff is only for X Gp pay then How Basic Pension diff stands Rs.2550 for Sgt. It should Max diff 1300 rs Only. How it canbe? Basic Pay diff for Pre 2016 and Post 2016 JWO is 2850?

      ReplyDelete
    2. So neatly explained the case with facts that in detail covering the injustice meet and where things have gone wrong and how the basic purpose of OROP is defeated by few with there little knowledge and application of rules.If these type of half knowledged fellows sits in decission implementing agencies they can only create nuisance and utter chaos.Some times i feel these type of fellows in wrong places are more dangerous than our known enemies across borders.It is purely their fault that many veterans are put to inconvenience and to run from pillor to post and knocking the judiciary system wasting precious time and money

      ReplyDelete
    3. We. Sincerely thank you sir for bringing out the facts, with relevant authorities. In regards to Group X myheart feltthanks to yousir. Vet?zagat S.zKanthiah. Exwel trust

      ReplyDelete
    4. Thanks for your painstaking writeup to explain the OROP 2 anomalies for "X" group.( List A to Z of the problem).
      It is pertinent to note that Table 7 doesn't confirm to the live average data of 2018 pension, otherwise why would pension be reduced to below 2016 levels.
      The whole exercise seems to be a conspiracy to do away with "X" Group benefit in future corrections.
      Arvind Maheshwari.Navy

      ReplyDelete