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  • Friday, 31 March 2017

    LETTER FROM DESW REGARDING STATUS OF IMPLEMENTATION OF SC JUDGEMENT IN NAVAL VETERANS CASE

      F.No.5(33)/2017/D(Pen/Legal)
                       Ministry of Defence
                Department of Ex-Servicemen Welfare
                            D (Pen/Legal)
    Subject : Seeking Information under RTI Act, 2005-RTI Application of MBC Menon
                    The Chairmen National Federation of Ex-servicemen dated 27.02.2017
         Please find enclosed an online RTI Request No.DEXSW/R/2017/50096 dated 
    27.02.2017 from MBC Menon, The Chairman National Federation of Ex-servicemen on the subject regarding the implementation of Hon'ble Supreme Court judgement in CA No.2147/2011 dated 27.10.2016 addressed to undersigned CPIO.  The same is transferred to you under section 6(3) of RTI Act 2005 for necessary action, under intimation of the undersigned.
                                                                                 Sd/ ....................23.3.2017
                                                                                      (A K Agarwal)
                                                                                       U.S.D(P/L-1)
                                                                                        Tel.No. 2301 5021
    CPIO  DPA(Navy) Sena Bhawan New Delhi 110011
    -------------------------------------------------------------------------------------------------------------Mod ID No.5(33)/2017/D(Pen/Legal) dated 23.03.2017
    Copy to
                     MBC Menon
                     The Chairman National Federation of Ex-servicemen
                      AC/149A, Shalimar Bagh
                      New Delhi, Pin 110088

    Thursday, 30 March 2017

    IF DISABILITY PENSIONERS HAVE ANY PROBLEM REGARDING IT DEDUCTION MAY CONTACT ADV,NAVDEEP SINGH(Rtd Maj)

    Law Office of NAVDEEP   SINGH                                 
    Advocate, Punjab & Haryana High Court
    Office-cum-Residence : # 1063, Sec 2, Panchkula – 134112, Haryana
    Phones : 099888-LEGAL, 093161-32817    Email : navdeepsingh.india@...
    Your reference :                                                                        
     Our  reference :
     To:
    Chairman-cum-Managing Director (CMD)
    State Bank of India, Mumbai
                                                                                          01 September 2016
    ILLEGAL DEDUCTION OF INCOME TAX ON DISABILITY PENSION BY THE STATE BANKOF INDIA IN CONTRAVENTION OF DIRECTIONS OF THE GOVT
    1.    Shocking instances have come to light wherein your bank has indulged in deduction of Income Tax at source in case of Disability Pensioners. On further inquiry, it has been informed that the action is based upon some ‘advice’ rendered by a Chartered Accountant that income tax exemption is only available to those pensioners who have been invalided out before completion of their service for normal pension, that is, those released earlier than 20 years in case of Commissioned Officers and 15 years in case of ranks other than Commissioned Officers, and that the said exemption is not available on the service element of those who have been released/ retired/discharged with a pension after serving more than 20/15 years of service as above.
    2.    Firstly, your attention is invited to Instruction No 2/2001 issued by the Central Board of Direct Taxes in this regard which amply explains the issue (Appx A). Your attention is also invited to Paragraph 88.3 of the Pension Payment Instructions issued to all your banks by the Government (Appx B) which leaves no scope of doubt regarding exemption of income tax from the entire disability pension, including service element. Moreover, the interpretation of your bank in this regard is absolutely incorrect, absurd and militates against the rules and norms promulgated by the Government as above. It may be recalled that Income Tax exemption on complete disability pension is available to defence personnel since the 1920s.
    3.    On discussion, it emerges that the confusion has been created due to the terminology of ‘Service Element’ which is hereby clarified for your benefit in the following lines. Disabled personnel who are granted disability benefits at the time of release from service are known as Disability Pensioners.  The said Disability Pension consists of two elements- service element and disability element. Both elements taken together are known as Disability Pension. There is no minimum qualifying service required for the grant of Service Element with effect from 01 January 1973. The calculation of service element however is different in cases of those personnel released from service before completion of pensionable service limits vis-a-vis those who are released on completing pensionable service limits. In case of the latter, the service element is granted at a rate equal to Service Pension. The fact that the pension granted for service in both cases is known as Service Element becomes clear from a bare perusal of Regulation 183 of the Pension Regulations, 1961, which contains two clauses, that is, 183(1)(a) for those who are released with sufficient service to earn a pension, and 183(1)(b) for those who are released before completing sufficient service to qualify for normal service pension. The said Regulation is enclosed as Appx C. Please note from the Regulation that in both cases the service part of the pension is known as Service Element. Even the normal service pension rates reflected under Regulation 183(1)(a)(i) are categorized as ‘Service Element’.
    4.    The fact that the service part of pension, whether a person is released prior to completion of service limits or after completion of service limits (20/15 years), is known as ‘Service Element’ also becomes clear from a perusal of the recent Circular No 554 (Appx D) issued by the Principal Controller of Defence Accounts (Pensions) to all banks, including yours. Paragraphs 1(i) and (ii) and then 1(iv) & 1(v) as well as Paragraph 6 of the same clearly stipulate that in case of disability pensioners, the amount of service part of the pension is known as ‘Service Element’ irrespective of the fact whether a person has lesser or more than 20/15 years of service. In simple words, the service element of pension in cases of those disabled personnel who have completed pensionable limits is equal to normal service pension, but being disability pensioners, it is nomenclatured as ‘Service Element’.
    5.    Even otherwise, it would be important to point out that disabled personnel released prior to completion of pensionable terms as well as those who are released on completion of terms or at own request are all treated at par as far as disability pension is concerned. In fact, all those who are in low medical category at the time of release are to be treated as ‘invalided’  as per rules (Also Appx C) as has also been held as per interpretation of teh pre-existing rules by the Hon’ble Delhi High Court in CW 2967/1989 Mahavir Singh Narwal Vs Union of India decided on 05 May 2004 as affirmed by the Hon’ble Supreme Court in SLP 24171/2004 on 04 January 2008 and also in the recent decision of the Hon’ble Supreme Court in Civ Appeal 11208//2011 Union of India Vs Angad Singh Titaria decided on 24 Feb 2015.
    6.    In view of the above, you are requested to inform all your branches to cease and desist from flouting guidelines of the Central Board of Direct Taxes in this regard and direct them to honour income tax exemption on both service as well as disability elements of disability pensioners as was being done till now. It may be appreciated that the opinion of your Chartered Accountant cannot override existing law and rules that have been followed since times immemorial.
    7.    You are requested to issue directions to refund the illegally deducted amount to all affected disabled pensioners within a period of 7 days from the receipt of this letter.
    Thanking You
    Sd/-
    Navdeep Singh
    Advocate, High Court


    AN IESM PROJECTION OF WORK SHEET ON NON IMPLEMENTATION OF ORIGINAL DEFINITION OROP


    One Rank One Pension was approved by UPA Govt in budget dated 17 Feb 14 and then by NDA Govt in their budget dated 10 Jun 14. UPA Government issued an executive order dated 26 Feb 14 for the implementation of OROP dues to veterans at the earliest. This was never implemented by the MOD nor a demand note was ever raised. The approved definition of OROP by two Governments is given below.
    Definition of OROP as per Govt Executive Order of 26 Feb 2014.
    One Rank One Pension (OROP) implies that uniform pension be paid to the Armed Forces Personnel retiring in the same rank with the same length of service irrespective of their date of retirement and any future enhancement in the rates of pension to be automatically passed on to the past pensioners. This implies bridging the gap between the rate of pension of the current pensioners and the past pensioners, and also future enhancements in the rate of pension to be automatically passed on to the past pensioners.
    Govt Changed Definition of OROP which kills the Soul of OROP.
    Again, another attempt has been made to change/ distort the definition of OROP in GOI notification dated 7 Nov 15. OROP definition given in 7 Nov letter is reproduced below.
    One Rank One Pension (OROP) implies that uniform pension be paid to the Defence Forces Personnel retiring in the same rank with the same length of service, regardless of their date of retirement, which implies bridging the gap between the rate of pension of the current pensioners and the past pensioners at periodic intervals.
    Example to Prove that what Govt has implemented is not OROP.
    1.                85% strength of Defence Forces consists of other Ranks ie From Sepoy to Havildar. Let us  take example of a Sepoy of ‘Y’ Group with 17 years of Service who retired prior to implementation of OROP with effect from 01 July 2014 and compare his pension with the same Class of Sepoy who retired after 01 Jan 2016 the effective date of 7th CPC, the working of pension is as under:-
    (a)
    OROP basic Pension of Sepoy who retired prior to implementation of OROP as per 6th CPC = Rs 6665 / per month.
    (b)
    DA 125%                                =      Rs 8331/-
    (c)
    Total Pension                          =  Rs 14996/ per month
    (d)
    His Pension of 7th CPC as per existing order with effect from 01 Jan 2016. =  6665  x  2.57+2% D = 17129+2 % DA
                      = 17129+342.58 = Rs 17462 / per month
    (e)
    Pension of Sepoy of the same class who retired after the Govt implementation of OROP  after 01 Jan 2016 as per 7th CPC.
              =  Rs 8300 x 2.57 + 2% DA
              =  Rs 21331 + 2% DA = Rs 21331 + Rs 427 = Rs 21758/- per month
    (f)
    The difference  in Pension of the same class of Sepoy
     = Rs 21758 – 17462 = Rs 4296/- per month.
    (g)
    The gap in pension of the same class is Rs 4296=- per month. How this can be OROP, since OROP means same pension of the same rank of Defence Veterans irrespective  of the Date of Retirement.
    Similarly a Widow of Sepoy of the same class will get Rs 2578/- less per month.
      
    2Hence what the Govt has implemented is not OROP but one time increase in Pensions.
    3.It is also pertinent to mention that the changed definition will not be  OROP.  
     The original definition needs to be restored.

    Wednesday, 29 March 2017

    REPLY RECEIVED FROM DESW REGARDING NON-PAYMENT OF DL-33 ARREARS BY SYNDICATE BANK


    RTI FIRST APPEAL FILED TO DESW FOR NON-RECEIPT OF REPLY REGARDING IMPLEMENTATION OF SUPREME COURT JUDGEMENT IN NAVAL PENSIONERS CASE

    Online RTI Appeal Form Details

    RTI Appeal Details :-
    RTI Appeal Registration number DEXSW/A/2017/60016
    Public Authority Department of Ex-Servicemen Welfare
    Personal Details of Appellant:-
    Request Registration Number DEXSW/R/2017/50096
    Request Registration Date 27/02/2017
    Name MBC MENON THE CHAIRMAN
    Gender Male
    Address NATIONAL FEDERATION OF EX-SERVICEMEN , AC/149A, SHALIMAR BAGH, NEW DELHI
    Pincode 110088
    Country India
    State Delhi
    StatusUrban
    Educational StatusDetails not provided
    Phone Number Details not provided
    Mobile Number +91-9446718293
    Email-ID nfoesm[at]gmail[dot]com
    Appeal Details :-
    Citizenship Indian
    Is the Requester Below Poverty Line ? No
    Ground For AppealNo Response Within the Time Limit
    CPIO of Public Authority approached Details not provided
    CPIO's Order/Decision Number Details not provided
    CPIO's Order/Decision Date
    (Description of Information sought (upto 500 characters)
    Prayer or Relief Sought
    Dear Sir,
    The CPIO failed to respond to my Following RTI request with in the stipulated time limit.Hence an appeal is filed with you for remedy.
    Yours Faithfully,
    MBC MENON
    THE CHAIRMAN,
    NATIONAL FEDERATION OF EX-SERVICEMEN

    ( Copy of RTI Request)
    Dear Sir,
    Hon. Supreme Court has delivered judgement in CA 2147/2011 dated 27/10/2016 granting Pension to Sailors who have completed 10 years of service. we the Ex-servicemen has not heard anything from you till date.
    The DESW being the sole authority for the implementation of the above judgement, we request you to furnish the copy of following documents.
    1) copy of all the file noting for the the action taken by you at your end & forwarded to other department for implementation of the above judgement.
    2) copy of legal advice received by you from Law ministry/ Department.
    3) copy of letter sent to the Department of expenditure by you & reply if any received by you from them.
    MBC MENON,
    THE CHAIRMAN,
    NATIONAL FEDERATION OF EX-SERVICEMEN


    Supporting document (only pdf upto 1 MB) Supporting document not provided

    Tuesday, 28 March 2017

    CAMPARISON OF FIGURES BEING CURRENTLY DISPLAYED IN SUVIGYA


    Rank:Sergeant
    GroupIII
    Qualifying Service:15
    Pension as on Retirement:01/10/1986479
    Revised Pension as on 01-01-1996(5th CPC)1480
    Pension as on 01-04-20042220
    Improved Pension(with DP) as on 01-01-20062411
    Revised Pension as on 01-01-2006(6th CPC)8330
    Revised Pension as on 01-07-20094840
    Revised Pension from 24-09-20128330
    Revised Pension from 01-07-2014(OROP)
    Revised Pension from 01-01-2017(7th CPC)0

    Rank:

    PETTY OFFICER
    GroupB
    Qualifying Service:15
    Pension as on Retirement:01/10/1986479
    Revised Pension as on 01-01-1996(5th CPC)1480
    Pension as on 01-04-20042220
    Improved Pension(with DP) as on 01-01-20062411
    Revised Pension as on 01-01-2006(6th CPC)8330
    Revised Pension as on 01-07-20098330
    Revised Pension from 24-09-20128330
    Revised Pension from 01-07-2014(OROP)
    Revised Pension from 01-01-2016(7th CPC)0

    Monday, 27 March 2017

    RTI ON OMJC REPORT FILED

    Online RTI Request Form Details

    RTI Request Details :-
    RTI Request Registration number DEXSW/R/2017/50154
    Public Authority Department of Ex-Servicemen Welfare
    Personal Details of RTI Applicant:-
    Name MBC MENON THE CHAIRMAN
    Gender Male
    Address NATIONAL FEDERATION OF EX-SERVICEMEN , AC/149A, SHALIMAR BAGH, NEW DELHI
    Pincode 110088
    Country India
    State Delhi
    StatusUrban
    Educational StatusLiterate
    Above Graduate
    Phone Number Details not provided
    Mobile Number +91-9446718293
    Email-ID nfoesm[at]gmail[dot]com
    Request Details :-
    Citizenship Indian
    Is the Requester Below Poverty Line ? No
    (Description of Information sought (upto 500 characters)
    Description of Information Sought
    Dear Sir,
    The OMJC has submitted its report on OROP in OCT 2016 & the report has not been made public till date. All the stake holders have the right to know about the contents of this Report. The report is seemed to have been kept pending for long which added agony to the lives of affected. Since the report has far reaching effects on the  lives of affected ESM, I request you to furnish me the copy of the following documents.
    1) Kindly furnish a Soft Copy of OMJC report on OROP submitted to you in OCT 2016 by Justice L Narasimha Reddy, retired Chief Justice of Patna High Court to look into the anomalies, if any, arising out of implementation of OROP.
    2) Copy of action taken by you on this report till date by way of file noting by various authorities
    MBC MENON
    THE CHAIRMAN,
    NATIONAL FEDERATION OF EX-SERVICEMEN,
    NEW DELHI-110088
    Concerned CPIONodal Officer
    Supporting document (only pdf upto 1 MB)