Part III
DSR
1987 Regulation has equated time scale Lt Col, even if substantive after 24
years of service, equivalent to Major. This equation was not laid in paragraph 65
of Regulation 1962. This has caused financial loss to the non-selection list of
officers. It should be noted that Time scale Lt Col were given the pay scale of
Lt Col on completion of 21 yrs of service by the V CPC. Such officers were
promoted to the rank of Col with implementation of A V Singh committee
recommendations and are drawing pay and grade pay of Col after 6 CPC.
Regulation for Army is a
administrative document and is not required to include any instructions concerning financial
implications. That being so, Regulation
of 1962 edition did not include any
financial clause in this administrative
document, whereas 1987
Regulation did include financial
clause under para 66(i) by incorporating
amendment like “no selection
officers will count against officers in
the rank of Major”.
Perhaps the ‘Rank pay’ factor was not catered for,
but the definition of rank pay
is very clear and needs to be implemented
now both at IV as well as V CPC.
This has concurrence of the
MoF as per letter of 29 Feb 2000. It will
restore pay and pension denied
since 1986 to date.
The
DGL as submitted by the Service HQ’s to MoD is the ‘Apt’ Document fully implementing the directive of the apex
court incorporating all the judgment clauses.
It needs to be persued by the Services to ensure that the ends of justice are fully met. It has all the tables which
are exhaustive for each rank from Capt to Brig
till 6 CPC corrections. Extract of that has been given in Part II. This was obtained through RTI.To that end the
Do Letter by COSC to MoD holds good and has
been put on this blog earlier.
Pension
for Pre 1986 retirees
The
pre 1986 retiree officers have been given notional rank pay with minimum for each rank as revealed in their PPO.eg
Major given pension of 3400 plus RP 600 and Lt
Col given 3900+RP 800 etc.
Q How is their pension set to change?
A Once the minimum for each rank as given
in para 6 (a)(ii) is changed which has
been reflected in Part I the pension will change accordingly as the minimum will go up.This will also change at V
CPC and then to minimum of pay in pay band at
6 CPC which is given in the table that
follows.
Revised Pension for Pre
2006 Retirees
The pension being
given to pre 2006 retires (officers) is based on 50% of sum of minimum of pay band plus grade pay
plus Military Service Pay ie (37400+8000+6000) = 25700 in case of Lt Col. As
per Committee of Secy’s Report formulated by the Prime Minister to go into the
pay and pension anomalies of Ex Servicemen; the pension would be based on 50%
of the minimum of the pay in the pay band as per rank held on 1/1/2006 plus
grade pay plus MSP. For example for Lt Col the revised pension would be 50% of
(42120+8700+6000) = 28410. Diff (28410-25700=2710) and 72 % DA thereon wef 01
July 2012. A table showing the revised pension is given from the rank of Capt
to Brig.
|
Rank
|
Existing Pension as on 1/1/2006
|
Revised Pension as on 1/1/2006
|
Diff in
Pension
|
Family
Pension
|
|
|
50% of Min of pay
band +GP+MSP
|
50% of Min of pay in
pay band as per rank +GP+MSP
|
|
60% of Revised
pension
|
|
Captain
|
15600+6100+6000=13850
|
19350+6600+6000=15975
|
2125
|
9585
|
|
Major
|
15600+6600+6000=14100
|
26650+7600+6000=20125
|
6025
|
12075
|
|
Lt Colonel
|
37400+8000+6000=25700
|
42120+8700+6000=28410
|
2710
|
17046
|
|
Colonel
|
37400+8700+6000=26050
|
46050+8900+6000=30475
|
4425
|
18285
|
|
Brigadier
|
37400+8900+6000=26150
|
48870+10000+6000=32435
|
6285
|
19461
|
Note: The figures quoted are the ones which will
change when the HSC order of 04 Sept 2012 is implemented in toto. As of date
changes have been made as recommended by Committee of Secys of the MoD letter
applicable from 24 Sept 2012 the arrears of which will be paid by PDAs
hopefully in Apr 2013.
Q When will pension arrears be paid by
PCDA Pension Allahabad?
A. Once the correct fixation has been done,
CDAO Pune will fwd Last Pay Certificate (LPC) in respect of each officer to
PCDA Pension Allahabad who in turn will work out the pension arrears from the
time the officer retired till date. This will be remitted separately by PCDA
pension through the banks. As on date no LPC has been recd by PCDA Pension.
Q. What happens to increase in pay of
officers who got promoted after 1/1/1986?
A The minimum for each rank from Capt to
Brig at IV CPC has to undergo change in terms of para 6 (a)(ii) of SAI 1987,
which is very much part of the HSC judgment. Once that is done their minimum
and DA admissible thereon will change through V CPC to 6 CPC eg Capt to 3000,
Maj from 3400 to 4050, Lt Col from 3900 to 4700 etc. This logic equally holds
good in case of officers who were in service as on 1/1/1986 and retired pre
1986.
This is
the only way by which this historical rank pay anomaly can be resolved in
keeping with the directions of the HSC order dated 04 Sept 2012. Anything short
of it would be violation of HSC order and lead to contempt proceedings.
