Details of discussion held between RM & the
Team of Hon. Lt. Narsingh
Moble: +919996694688
Nar Singh Dass, Ex- MCPO-1(Hony S/Lt),
To,
Smt. Nirmala Sitharaman Ji,
Hon’ble
Raksha Mantri,
104,
South Block, Ministry of Defence,
New Delhi-110011.
Subject:- List of anomalies, arising out of
implementation of OROP and 7th CPC.
Respected Madam,
There are very serious
anomalies in the pensions of Honorary Commissioned Officers/ Junior
Commissioned Officers and Other Ranks of Army, Navy and Air Force on
implementation of One Rank One Pension (OROP). There are some anomalies in
implementation of 7th CPC this includes lower Grade Pay/ Pay Level
and incorrect calculation of Entry Level Pay for JCOs during 7th CPC
and previously also. List of anomalies are forwarded here with for your kind consideration
and favorable action please:-
ONE RANK ONE
PENSION (OROP).
1. Rounding of Qualifying Service:- Refer Para 10 and 11 of PCDA(P)
Circular No.555 dated 4th Feb, 2016 regarding Rounding of Qualifying
Service. Qualifying Service is not uniform as per this Circular for Pre 22-04-1960,
Post 22-04-1960, Post 28-06-1983, so there are 03 Pensioners categories created
now with same Rank, same Group and same length of service for all Pre-2006
retirees. While calculating the length of qualifying service for all types of pensionary
benefits a fraction of a year equal to 03 months and above but less than 09
months is treated as one half (1/2) year period, and 09 months or more but less
than a year is treated as a completed one year for determining the amount of
pension w.e.f. 28-06-1983. Prior to 28-06-1983, the broken
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period of service of 180 days or more is to be treated as one half (1/2) year
wef. 22-04-1960. In view of above, if qualifying service has been mentioned as
17 years 10 months in PPO/Corr. PPO, it is rounded up to 18 years for post
28-06-1983 retirees, 17.5 years for pre- 28-06-1983 up to 22-04-1960 and 17
years for pre- 22-04-1960 retirees. But for Post 2006 it is based on just 50%
of Last Pay Drawn, so likewise it is One Rank Four Pension for pre-2016.
2. Terms of Engagement:- Refer Para 7 and Appendix- X of PCDA (Pension)
Circular No. 555 dated 4th Feb, 2016 regarding Term of Engagement in
case of HCO’s/ JCO’s/ OR’s of Army/Navy/Air Force. The Terms of Engagement is
different in three Services. Terms of Engagement implies “Maximum Qualifying
Service for grant of Service Pension”. Terms of Engagement from time to time
keeps changing. It should be uniform across the three sister services.
3. Anomalies in the Service Pension
Tables of Regular and TA Subedars:- Refer Service Pension table No. 7 and
8 of Circular No. 555, as per these tables Service
Pension for the rank of Subedar Regular (Army/Navy/Air force) is less
than the Subedar of Territorial Army (TA) as under:-
Rank QS
Group
Regular TA
Subedar 28 to 29 Y 12268/- 12660/-
Subedar 29.5 Y 12460/- 12660/-
4. Reservist Pensioners:- Refer Para 4, Sub Para 4.2 of
PCDA(Pension) Circular No. 555 dated 4th Feb, 2016 regarding Non-
Applicability of pension to Reservist Pensioners. In
OROP this time Service Pension tables are prepared from 0.5 years onwards
for all the ranks wef. 01-07-2014 except for Reservist Pensioners. Qualifying
Service of a Reservist is always 10 years or more. There was no increase in the
Service Pension of Reservists as per OROP. Their Pension was 3500/- in 6th
CPC and now it is only 9000/-
as per 7th CPC. It is suggested that Reservist Pension should
be increased to the QS of 10 years for ‘Y‘ Group Sepoy ie. 6188/- and if
service is more than 10 years than it should be as per the table of Sepoy of
‘Y’ group as per Circular No. 555.
5. Base /Calendar Year:- Refer Para -3, sub Para -i of GoI,
MoD, Dept. of Ex-Servicemen welfare letter No. 12(1)/2014/D(Pen/Pol)-part-II dated
7th Nov, 2015
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regarding Base/Calendar year 2013
for Re-fixing pension for OROP. By doing this we are at loss by one
increment. Base/Calendar year should be
2014 instead of 2013.
6. Average of Minimum and Maximum
Pension:- Refer Para -3, sub Para -ii of GoI, MoD, Dept. of Ex-Servicemen Welfare
letter No. 12(1)/2014/D(Pen/Pol)-part-ii dated 7th Nov, 2017
regarding Re-Fixation of all pensioners on the basis of the average of Minimum and
Maximum pension of personnel retired in 2013. Pensions of all Pre- 30-06-2014 pensioners
should be Re-fixed on the basis of Maximum Pension of personnel retired in 2014
instead of 2013 for OROP.
7. Seniority in the ranks not
maintained:- Refer any tables of PCDA (Pension) Circular No. 555 dated 04th
Feb, 2016 for JCO’s/OR’s seniority of the ranks is not at all maintained. In some cases pension is same
from 15 years to 28 years of Qualifying Service. Pension tables of all JCO’s /
OR’s should be again re-computed for arriving at correct pension.
8. Equalization of Pension after five
years:- Refer Para-3, sub Para-V of GoI, MoD, Dept. of Ex-Servicemen welfare
letter No. 12(1)/2014/D(Pen/Pol)-Part-ii dated 7th Nov, 2015
regarding equalization of pension after five years. True meaning of OROP is
that a pensioner of same Rank, same Group and same length of Service should
draw same pension in 3 sister services. This is only possible when pension is
equalized every year.
9. ACP-I/II/III benefit:- Refer Para-11, sub Para- a), b) and
C) of PCDA(Pension) Circular No. 555 dated 4th Feb, 2016 regarding
grant of ACP benefits. As per above
Circular Hony Naik, Hony Havildar and Hony Naib Subedar have separate
tables for all types of Pensions, where as for Post-2006 retirees if ACP is
granted to them their pension is revised as per the tables of Naik, Havildar
and Naib Subedar. ACP I/II/III benefit should also be extended to all Pre- 2006
Hony Naiks, Hony Havidars and Hony Naib Subedars as like ACP Naiks / ACP
Havildars and ACP Naib Subedars.
DOWNGRADATION IN STATUS
OF JCOs
10.
a) Status of JCOs:- JCOs of Armed Forces have been
accorded statutory of Status of Gazetted Officer by an act of Parliament vide
Section 3(xii) of Army Act 1950. However their status has got seriously
degraded over the years due to incorrect
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fixation of their due to incorrect fixation of their Pays/Grade Pay/Pay
Level. While Civilian employees have moved to higher Grade Pay/Pay Level due to
post Pay Commission modification by Govt. based on JCM Mechanism, the Pay of
JCOs of Armed Forces remained un-revised as JCM Mechanism is not applicable to
them. Page 144 of 7th CPC Report explaining as to how pay of a Non-
Gazetted Assistants has been increased by Govt. post Pay Commission awards.
b) This has created a serious anomaly where in statutorily
Gazetted JCOs of Armed forces have been placed in lower Pay Level than Non-
Gazetted Civilian Employees. The Gazetted N Subs are in Pay Level- 6 where as
Non- Gazetted Assistants are in Pay Level- 7, this needs to be rectified soon,
because above anomaly is not only unjustified but legally untenable also. It is
in gross violation of Govt. Instructions and judgments by Court of Law on this
subject issue. It is requested that as there is no JCM like Mechanism existing
for Defence a high powered committee should be set to resolve this grave
anomaly because it is as well as effecting Ex-Servicemen pensions also.
7th
CENTRAL PAY COMMISSION
11. Incorrect calculations of Entry Level Pay of
JCO’s and equivalence in Navy and Air Force.
a) The existing system of Pay Band and
Grade Pay of 6th CPC has been replaced with separate Pay Matrices
for Defence, Military Nursing Service and Civilians personnel in 7th
CPC from 01.01.2016 onwards.
b) Fixation of Pay of each employee in
the new Pay Matrix as on 01.01.2016 has been revised by multiplying his/ her
basic pay (Pay in the Pay Band + Grade Pay) by a factor of 2.57.
c) In each Pay Level
(Rank Level) a MF of 2.57 for Havildar and below, 2.62 for JCO,s and 2.67 for
Hony Lt to Brigadier was applied on Basic Pay + Grade Pay of 6th CPC
to determine Entry Level Pay.
d) Entry Pay to any pay band could
either be through an upward movement from lower pay band or through direct
entry. While pay of a person moving from a lower pay band to a higher one on
promotion would be regulated by the pay fixation formulation prescribed (pay
was fixed at the minimum of the pay band plus grade pay).
e) Refer Para 5.1.19 for rationalization
applied in Present Pay structure is at Table No. 4 (Copy enclosed) of 7th
CPC report.
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f) Prior to 7th CPC there
used to be separate scale for “X” and “ Y” group of same ranks of JCO’s and
even separate scales for the same equivalence rank Navy and Air Force also.
g) 7th CPC brought in new
formula of Common Pay Scales for each Pay Level (Rank Level) for all the “X”
and “Y” Groups.
h) For Entry Level Pay there is a loss
to JCO’s in calculation with MF of 2.62 on minimum pay level awarded (copy
attached)
i) Real time loss in calculation of
Entry Level Pay for JCO’s is as under:-
RANK Group ELP LOSS
i) N Sub/ CPO/ JWO X / Y 41100 – 35400 = 5700/-
ii) Sub/ MCPO-2/ WO X / Y 46200 -
44900 = 1300/-
iii) Sub Maj/ MCPO-1/ MWO X /
Y 50500 - 47600 = 2900/-
12. Revision of Pension as per First
formulation (Option-1):- Refer Para-4 of GoI, MoD, Dept. of Ex-Servicemen Welfare letter
No.17(01)/2017(02)/D(Pension/Policy) dated 5th Sept,2017 regarding
revision of pension of pre-2016 as per Formulation-1 (Option-1) and Para-3 of
PCDA(Pension) Circular No. 585 also for Formulation-1. But as per Para- 4.1 of
PCDA(Pension) Circular No. 570 pensions of all pre 2016 was revised by
multiplying the Basic Pension (before Commutation) / Basic Family Pension
(exclusive of Dearness Relief) as had been drawn as on 31-12-2015 by 2.57 to
arrive as revised pension as per Formulation-2 (Option-2). So benefit of OROP
was given in Option-2, but as per the Annexture-1 of PCDA (Pension) Circular
No. 585 for Commissioned Officer/JCO’s/OR’s it seems that OROP benefit will not
be given to pre- 30-06-2014 retirees. In view of above it is suggested that
instead of notionally computing the pension as per 6th CPC scales it
should be revised taking the OROP scales / 6th CPC scales as drawn
on 31-12-2015 like it was done as per PCDA (Pension) Circular No. 570 for
Formulation-2 (Option-2).
In view of above it is requested that above anomalies may please be
rectified/solved for the welfare of Ex-Servicemen Pensioners/Family Pensioners
at the earliest.
Thanking you in anticipation.
Yours sincerely,
Nar Singh Dass,
Ex-
MCPO-1 (Hony S/Lt),
No. 091237-H
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Encl:- 1) Table 4 : Rationalization Applied in the 6th
CPC Pay Structure.
2) Details of
incorrect calculation of Entry Level Pay for JCO’s
Copy to:-
The Secretary,
Department of Ex-Servicemen Welfare,
5-A, South Blok, Ministry of Defence,
New Delhi-110011.
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