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.