Monday, April 1, 2013

Truth and Deceit:IV CPC Rank Pay Case: Part III


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.

 

1 comment:

  1. Through Your Blog: I seek inputs to bolster my case to get rightful pensionary benefits:

    My back ground

    a) Retired as a regular Army Major with 20 years, 10 Months and 10 days service in the year 2000.

    b) The PCDA(Pension) replied in a letter form that pension should be Rs14650/- w.e.f 01.01.2006 in June 2012 quoting their circular 397.This

    figure of Rs14650/- matches with the pensionary calculations of bankers and a self-help web link Suvigya put up by the CGDA Delhi ( the highest

    authority) on their website. The weblink still exists.

    c) A year later PCDA(P) Allahabad write to me on 15 Mar 2013 that pension should be Rs12591/- w.e.f 01.01.2006 and Rs15999/- w.e.f 24.09.2012.

    In this letter they clarify that only Major's pension shall be eleigible.

    d) PDA(Bankers) are clueless about pensionary calculations ( a public sector bank) and now talk about recovery of pension on the basis of my

    forwarding them a scanned copy of the letter which I have received from PCDA(Pensions) Allahabad. They are yet to receive their copy.

    e) CDA(O) Pune requested some forms for Pre 1986 commisioned officers which was sent and for which a credit of Rs39000/-(appx) was effected in

    the bank.No acknowledgement has been sent to me ,or a follow up letter, or a calculation by the CDA(O) Pune authorities. Email corrspondence

    results in emails bouncing back.

    Required

    To be a part of a group which can represent legally a case for the "Lot of Forgotten Majors" of the Indian Army as a class action suit like the

    USA. Links and suggestions required.

    What is the update on this.

    How to tackle this flip flop of PCDA(Pensions) Allahabad and how to "educate" the bankers and teach them a lesson.

    Does anyone have a email IDs of RBI authorities and other pension complain email IDs barring Minister of Defence and the PM? With the aim being

    to name and shame them into some action.

    My email ID armoredfish(at)gmail(dot)com

    There are many circulars which keep emanating from GOI and PCDA(Pensions) Allahabad with little action and timely action on ground.

    Thank you and good luck with your blog. You are doing a good job.

    Armored Fish

    ReplyDelete