Wednesday, 18 October 2017

Wishing the Honourable Defence Minister/Raksha Mantri a Happy Diwali



Dear Honourable Defence Minister/Raksha Mantri,



          Vanakkam



         Our family (of about 18 lakh Family Pensioners and Pensioners of the Armed Forces and their families) together wish you and your family a very Happy Diwali.



          This is not my first letter to any Defence Minister/Raksha Mantri. I wrote to and later discussed the OROP matter with Shri Manohar Parrikar on 8th October 2015. I have also written to the honourable Prime Minister on the same subject.

           Having  read in the media reports of your teaching the Peoples Liberation Army (PLA) how to say “Namaste,” I am sure you will use your sorely needed teaching skills in the Ministry of Defence.



It was nice to see the honourable PM spend his Diwali with Army personnel as he had done all Diwalis since 2014 and to to see you in the A & N islands amongst Army, Navy, and Air Force officers. 

The smiles in Gurez and in A & N, on the occasion of Diwali, the festival of lights, did not dispel the widespread gloom and silence (which has nothing to with the Apex Court’s ban on fire crackers) in the houses of Veterans and Family pensioners.


The Non-Functional (Financial) Upgradation (NFU) issue will be decided by the Apex Court on 26th October 2017 and your Ministry has sought 3 months more from the Lok Sabha Committee on Government Assurances on the OROP related One Man Judicial Committee's Report. So I will steer clear of that.


Your esteemed self might wish to ask, “So what does that has that to do with my teaching skills?” You will need them, as I wrote earlier, to teach the MoD’s Department of Ex-Serviceman (DESW), the Defence/Finance (Def/Fin) and Controller General of Defence Accounts (CGDA) something called welfare and care for the families and Veterans who have given life, limb and decades of their lives in the service of the nation, that is India, but above all you will need to teach them to be truthful.



The answer lies in subsequent paragraphs on just one of the many aspects of suffering that family pensioners and Veterans have endured, and will continue to endure, especially after being shown the light at the end of the ever lengthening tunnel by promises made in Rewari in September 2013.


You might not be aware but a Director in the MoD denied information (on file notings on the Pay Resolutions for Officers and Other Ranks of the Armed Forces dated 5th September 2016) on the grounds that it "can be used to create disturbance/unrest in the Armed Forces." The poor Director & First Appellate Authority  appeared to ignore the truth that personnel of Armed Forces, Family Pensioners and Pensioners suffer worse treatment from the MoD and yet have retained their equanimity. And, in contradiction to the Director's misgivings, even two months after the RTI disclosure was placed in the public domain, there has been neither unrest nor disturbance in the Armed Forces. But, I digress.    



On 6th July 2017, that is more than three months prior to Diwali, the Civilian pensioners of the Govt of India were rewarded for services rendered to the nation by the Department of Pensions & Pensioners Welfare providing them with Concordance tables for revising their pensions (F No. 38/37/2016-P & PW (A) dated 6th July 2017 refers).But the Family pensioners and pensioners are denied a similar Diwali.



To the matter at hand, in reply to RTI online request for information registration No. DEXSW/R/2017/ 50548 dated 31st August 2017 on the progress of issue of concordance tables for Armed Forces pensioners, the Deptt of Ex-Servicemen replied vide No. 237/RTI/D (P/P)/2014 dated 13th September 2017 that the  above mentioned concordance tables had been sent to CGDA vide PB to ID No. 17(1)/2016- D(Pen/Pol) dated 13th July 2017 for further necessary action.  



As the O/o CGDA did not deign to provide a reply to a simultaneous RTI online request for information on concordance tables vide registration number CGDFA/R/2017/50306 dated 31st July 2017, a First Appeal registration No. CGDFA/A/2017/60061 dated 13th September 2017 was filed.



In the order No. CPIO/AT/2017/HQ/I/328/Appeal dated 11th October 2017, the First Appellate Authority of the o/o CGDA communicated online on 12th October 2017, stating that the “desired concordance tables for notional fixation pay of Armed Forces pensioners are awaited from the Ministry of Defence.” 



It may be relevant to note that the PCDA (Pension), a subordinate office of the CGDA has issued Circular No. 585 dated 21st September 2017, quoting GoI (MoD) letter No. 17 (01)/2017/(02)/D(Pension/Policy) dated 5th September 2017! And Para 3 of the Circular states, inter-alia, “Revised pension/family pension of all Armed Forces Personnel who retired/died prior to 01.01.2016 shall be revised by fixing their pay in the pay matrix recommended by the 7th CPC in the level corresponding to the pay scale/pay band and grade pay at which they retired/died……”



And the same Para 3 is repeated in yet another circular (with no number) issued by PCDA (Pension) vide letter No. G-1/M/01/ICOs/7th CPC/Vol. II/2017 dated 29th September 2017.



The Armed Forces pensioners and Family pensioners will continue to suffer in silence for a few more months to get the correct pensions. 

On the other hand, the civilian staff of the MoD enjoy a well lit Diwali along with Defence Civil Pensioners, who have been granted the enhanced pension forthwith vide Para 5  of PCDA (Pension) Circular C-169 dated 11th July 2017 i.e. within 6 days (holidays included).



So, honourable Defence Minister, now you understand why I request you to teach the officers in MoD and its affiliates like O/o CGDA to treat Armed Forces pensioners with the same alacrity as they have done with Defence Civilian pensioners.



Satyam Ev Jayate is the nation’s motto. Should it also not be applicable to the MoD and CGDA’s officers?

 

Happy Diwali



Jai Hind

Tuesday, 17 October 2017

The OMJC Saga, Next Episode



Online RTI Request Form Details
RTI Request Details:-

RTI Request Registration number DEXSW/R/2017/50519
Public Authority Department of Ex-Servicemen Welfare

Personal Details of RTI Applicant:-

Deleted by applicant

Request Details :-

Description of Information Sought

Please refer to proviso to Section 8 (1) (j) of the RTI Act, 2005 which states “

“Provided that the information which cannot be denied to the Parliament or a
State Legislature shall not be denied to any citizen.”

2. Therefore, please provide information by way of copies of file notings in which replies to the Committee on Govt Assurances, Lok Sabha on the Assurance given during the 11th Session (2017) of the 16th Lok Sabha Unstarred Question No. 4992 dated 31.03.2017 regarding Judicial Committee on One Rank One Pension have been processed.

3. Please also provide details of the officers of DESW or MoD who have been assigned the responsibility and accountability to examine the report of the
Judicial Committee.

Reply from Deptt of Ex-Servicemen Welfare

RTI Matter/Speed Post
No. 237/RTI/2014/D (P/P) – Part II
Ministry of Defence
Department of Ex-Servicemen Welfare
D (Pen/Policy
New Delhi, dated 11.10.2017
To

Subject: Seeking Information Under RTI Act 2005

Sir,

          Please refer to your online RTI application bearing Reg No. DEXSW/R/2017/50519 dated 27.09.2017 received in thisa office from Nodal Officer/DESW through online RTI portal.

2.      The requisite information in respect of aforesaid RTI application is as under: -

          1.       No information has been sought.

2.      Copies of noting and correspondence part of relevant file No. 9(17)/2017/D (Pen/Pol) contain 38 pages. You are, therefore, requested to furnish a Demand Draft/IPO in favour of “Account Officer (DAD), Ministry of Defence (Civil)” amounting to Rs 76/- @ Rs 2/- per page as additional fee.

3.       The Report of Judicial Committee on OROP is under examination at various levels in the Deptt of Ex-Servicemen Welfare including MoD (Finance) (Pension). Therefarter, the approval of DoE will require to be obtained before approval of competent authority is taken.   

3.                 Deputy Secretary (Pension), Room No. 236, B Wing, Sena Bhawan, New Delhi, Tele-fax No. 011-23015609, email-id ds-pension@desw.gov.in is the appellate authority.

Yours faithfully,
Sd/-----------------
Manoj Sinha
CPIO and Under Secretary to Govt of India

Remittance of Additional Fee

From

S Y Savur
--------
 Ref: Addl payment/DEXSW/R/2017/50519       17th October 2017

To,

Shri Manoj Sinha,
Under Secretary and CPIO,
Department Of Ex-Servicemen Welfare,
Ministry of Defence,
B Wing, Sena Bhawan
New Delhi -110106

Sub: Additional Payment towards photocopying charges:


Please refer to RTI Online request No. DEXSW/R/2017/50519 and No. 237/RTI/2014/D (P/P) – Part II dated 11th October 2017 received online on 12th October 2017.

2.      As required, State Bank of India Demand Draft No. 007404 for amount of Rs 76/- (Rupees Seventy six) in favour of Account Officer (DAD), Ministry of Defence (Civil) payable in New Delhi is enclosed for further necessary action.

I wish you, your staff and your families A Very Happy Diwali and a very prosperous and happy year ahead.

Yours faithfully,

Sd/---------------

(S Y Savur)

 
Online RTI Request Form Details
RTI Request Details:-
RTI Request Registration number DEXSW/R/2017/50524
Public Authority Department of Ex-Servicemen Welfare

Personal Details of RTI Applicant:-
Deleted by applicant

Description of Information Sought

Please provide copies on file notings on the examination by DESW on Report of the (Justice Reddi) Judicial Committee on OROP in reply to Unstarred Question No. 4992 dated 31.03.2017 from the Committee on Government Assurances of the Lok Sabha.

Please also refer to proviso to Section 8 (1) (j) of RTI Act, 2005 wherein information provided to the Parliament or State Legislature cannot be denied to a citizen of India.         

Reply from Deptt of Ex-Servicemen Welfare

RTI Matter/Speed Post

F No. 237/RT2014/D (P/P) – Part –II
Ministry of Defence
Department of Ex-Servicemen Welfare
D (Pen/Policy)
New Delhi, Dated 16.10.2017


To
          Shri S Y Savur

To

Subject: Seeking Information Under RTI Act 2005

Sir,

          Please refer to your online RTI application bearing Reg No. DEXSW/R/2017/50524 dated 29.09.2017 received in this  office on the subject cited above.

2.      In this regard, please find enclosed herewith a copy of File Noting No. 1 to 6 of F No. 9(17)/2017/D(Pen/Pol) for Lok Sabha Unstarred Q No. 4992 dated 31.03.2017 consisting of 06 pages.
Yours faithfully,
Sd/-----------------
Manoj Sinha
CPIO and Under Secretary to Govt of India

F No. 9 (17)/2017/D(Pen/Pol)

Department of Ex-Servicemen Welfare
D (Pension/Policy)

Sl. No 1 (R)-p.1-2/c


          Lok Sabha Provisional Starred Question Dy No. 23471 asked by MP (Lok Sabha) for answer on 31.03.2017 regarding Judicial Committee on OROP.

2.      The text of the Question is as under: -

(a)     The objective of forming a one man judicial committee on One Rank One Pension (OROP);

          (b)     The details of the key recommendations of the 
          Committee;

(c)     Whether the Government has implemented the recommendations of the Committee;

          (d)     If so, the details thereof and if not, the reasons   
           therefore;  and 

(e)     The time by which the report is going to be made available in the public domain?

3.       In respect of the Questions above, we may seek the inputs from O/o CGDA for part (a) to (e). Accordingly, a draft letter is placed opposite for approval/signature, please.

          Submitted please.
Sd/--------------
24.03.2017         

SO (P/P)    Vacant

Sr AO (AS) (P/P) Sd/------------ 24/3

US (Pen/Pol)      Sd/------------ 24/3/

Sr AO (A)

-2-

          Lok Sabha Provisional Starred Question Dy No. 23471 admitted as Unstarred Questions No. 4992 by Shri Deepender Singh Hooda, MP (Lok Sabha) for answer on 31.03.2017 regarding Judicial Committee on OROP. 

2.      The text of the question is as under: -

          (a)     The objective of forming a one man judicial committee on One Rank One Pension (OROP);

          (b)     The details of the key recommendations of the Committee;

(c)     Whether the Government has implemented the recommendations of the Committee;

       (d)     If so, the details thereof and if not, the reasons therefore;
        and 

(e)     The time by which the report is going to be made available in the public domain?

3.       In respect of the above question, the inputs from O/o CGDA was sought vide MoD ID of even number dated 24.03.2017. The comments from O/O CGDA is still awaited.

4.      In regard to part (a) to (e) of the question, it may be replied as “The Judicial Committee on One Rank One Pension (OROP) was appointed to look into the anomalies arising out of the implementation of OROP. The Committee has submitted its Report to Government on 26.10.2016 which is still under examination.”

5.       A draft reply for the Question has been attempted and placed opposite for approval please.

          Submitted please
Sd/-------------
28.03.2017

SO (P/P)    Vacant

Sr. AO (AS) (P/P)                  Sd/---------- 28/3
US (P/P)                                 Sd/--------- 28/3
DS (Pen)                                 Sd/---------- 28/3
JS (ESW)                                Sd/---------- 28/3/17
Secretary (ESW)                    Sd/---------- 28/3/17   
Hon’ble RRM                         Sd/---------- 28.3.17
Secy (ESW)                            Sd/---------- 1/4/17
JS (ESW)                                Sd/---------

-3-

          D (Parl) has intimated vide their ID Note No. H.11012/45/2017/D (PARL) dated 12.05.2017 regarding Assurance Given during 11th Session (2016) of 16th Lok Sabha Unstarred Question No. 4992 dated 31.03.2017 on “Judicial Committee on OROP” asked by Shri Deepedner Singh Hooda, MP (LS).

2.      The text of the question is as under: -

(a)     The objective of forming a one man judicial committee on One Rank One Pension (OROP);

          (b)     The details of the key recommendations of the 
          Committee;

(c)     Whether the Government has implemented the recommendations of the Committee;

         (d)     If so, the details thereof and if not, the reasons therefore;
         and 

(e)     The time by which the report is going to be made available in the public domain?

3.       The reply given is placed at p 17/c. The Question has been treated as an Assurance. The Judicial Committee on One Rank One Pension (OROP) was appointed to look into the anomalies arising out of the implementation of OROP. The Committee has submitted its Report to Government on 26.10.2016 which is still under examination. 

3.1.    The Assurance is required to be fulfilled within a maximum permissible time limit of 3 months from the date of reply given to Parliament Question i.e. by 30.06.2017. Since fulfilment of the Assurance is likely to take some more time, we may have to obtain extension of time limit for further period of 3 months for fulfilment of the above mentioned Assurance.         

4.      Kind approval of Hon’ble RRM is solicited for seeking extension of time for 3 months from Lok Sabha Sectt, as per draft O.M. placed opposite, please.

          Submitted please
Sd/-------------
Takdeer Hooda ASO
23.05.2017

Sr AO (AS) (P/P)                                      Sd/----------- 23/5
US (Pen/Pol)                                   Sd/----------- 23/5
JS (ESW)                                         Sd/-----------23/5
Secy (ESW)                                      Sd/----------- 24/5

Hon’ble RRM                                   Sd/------------ 24.5.17

Secy (ESW)                                      Sd/-------------- 24/05/17
JS (ESW)                                         Sd/------------- 24/5/17
US (P/P)                                          Sd/-------------25/5
Sr AO (AS)

-5-
Reference preceding note.

          D (Parl) has intimated vide their D (Parl) has intimated vide their ID Note No. H.11012/45/2017/D (PARL) dated 12.05.2017 regarding Assurance Given during 11th Session (2016) of 16th Lok Sabha Unstarred Question No. 4992 dated 31.03.2017 on “Judicial Committee on OROP” asked by Shri Deepedner Singh Hooda, MP (LS).

2.      The text of the question is as under: -

 (a)     The objective of forming a one man judicial committee on One Rank One Pension (OROP);

         (b)     The details of the key recommendations of the 
         Committee;

(c)     Whether the Government has implemented the recommendations of the Committee;

        (d)     If so, the details thereof and if not, the reasons therefore; 
         and 

(e)     The time by which the report is going to be made available in the public domain?

3.       In regard to part (a) to (e), it was replied that the Judicial Committee on One Rank One Pension (OROP) was appointed to look into the anomalies arising out of the implementation of OROP. The Committee has submitted its report to the Government on 26.10.2016 which is still under examination. A copy of the reply so furnished in the Lok Sabha is placed at p 17/c.

4.      Ministry of Parliamentary Affairs have intimated that the above mentioned answer given to the Question has been treated as an Assurance stating that the Promise made for (a) to (e) is, ït was inter-lia stated that the Committee has submitted its Report to the Government of 26.10.2016 which is still under examination.”  The Assurance was required to be fulfilled within a maximum permissible time limit fo 3 months from the date of reply given to Parliament Question i.e. by 30.06.2017. Extension of 3 months has already been taken vide this office letter No. 9 (17)/2017/D (Pen/Pol) dated 25.05.2017 (page 31/c).    

5.       A meeting was held on 11.07.2017 under the Chairmanship of Hon’ble Raksha Mantri to review the status of OROP payment’s report submitted by OMJC to the Govt and orders were issued on 19.07.2017 constituting an Internal Committee to examine the recommendations of OMJC with respect to feasibility and financial aspects and the Committee will submit its report within two months.

6.      Since fulfilment of the Assurance is likely to take some more time, we may have to obtain extension of time limit for further period of 3 months beyond 30.09. 2017 for fulfilment of the abovementioned Assurance.

7.       Kind approval of Hon’ble RRM is solicited for seeking extension of time for 3 months beyond 30.09.2017 from Lok Sabha Sectt, as per draft O.M. placed opposite, please.

          Submitted, please

Sd/--------------
Takdeer Hooda, ASO
07.09.2017

Sr AO (VVS) (P/P)                                   Sd/------------- 7/9/2017
US (P/P)                                                    Sd/------------ 7/9/
DS (Pen)                                                    Sd/---------- 7/9
JS (ESW)   Proposal at para 7 above is recommended for approval pl
                   Sd/------------08/9/19
 Secretary (ESW)                            8/9/17

Hon’ble RRM                          11/9/17

Secy (ESW)         Sd/ IX/9
JS (ESW)
DS (Pen)              Sd--- 12/9
US (Pen/Pol)      Sd/---- 13/9/

                                                                - to be continued

Monday, 9 October 2017

Post Truth



Once again a little bit of history before we again step into the domain of documented facts.



Shri Kaleeswaram Raj, a lawyer in the Supreme Court and High Court of Kerala has defined ‘Post-truth’ as a (political) situation where facts and reason are, alarmingly, substituted by emotions, beliefs and prejudices (Appointing judges; the “best kept secrets” must tumble out, Deccan Herald, 8th October 2017). So be it with statements of two decorated Veterans (one of them twice decorated!)



The twice decorated Veteran carries on in his chant that pensions of civilians were increased from 30 percent to 50 percent and that of Armed Forces Veterans was reduced from 70 per cent to 50 per cent by the 3rd Central Pay Commission. This is ‘post truth’ because pensions of civilians and Armed Forces personnel were always 50 per cent of the last pay drawn at the time of retirement– an average of 36 months till 4th CPC, an average of 10 months thereafter, and from the 6th CPC it is 50% of the last pay drawn on date of retirement/death or the average of 10 months pay, whichever is beneficial.



The Post War Pay Committee Report of 1947-49 does not mention that pensions for Armed Forces were 70 percent of last pay drawn.



The Armed Forces Pension Review Committee 1949-50 (with 3 Maj Gen equivalent Armed Forces members) does not mention pension was 70 percent.



The subsequent Raghuramaih and Kamath Committee reports do not mention that pension for Armed Forces was 70 percent.



The 3rd CPC report mentions that Death-cum-Retirement Gratuity, till then only paid to civilian retirees, was made available to Armed Force personnel in 1970 and that between 16 and 11 per cent of the pension (for Officers and Other Ranks respectively) was used to offset the DCRG, just as it was done for civilian employees. But the much vilified 3rd CPC introduced the weightage system where additional years of service subject to a maximum of 33 years ensured compensation for truncated careers of Armed Forces personnel.



The 4th CPC introduced, at the suggestion of the Armed Forces, an integrated scale and instead of Military Service Pay as suggested by the Armed Forces, and Rank Pay. We are all witness to what our esteemed Defence Finance did with the contortion/deduction of Rank Pay before fixation. But pension remained at 50 percent of last reckonable emoluments (Basic Pay + Rank Pay/Classification Pay + DA).



The 5th and 6th CPC implementation is too recent to need any recounting.



But the fact remains that since military pensions were introduced by predecessors in year 1500 AD, they have always been 50 percent of the last pay drawn.



Please see these links or search for others to satisfy yourself that this is not Post Truth.




















Now let us walk closer to recent history.



Recently a peer forwarded an email and a video from a Major --- SC, that the MoD would be advancing an argument in the Supreme Court that Armed Forces Officers are not Group A but are Group B officers and that JCOs and ORs  would be downgraded to Gp C etc so that Armed Forces personnel would not be entitled to Non-Functional (Financial) Upgradation (NFU).



In various judgments, several High Courts such as the Allahabad High Court (3 Judge Bench in Vijai Singh  and Others versus Union of India and others), Madras High Court (2 Judge Bench), and the Supreme Court have held that it is a settled law that executive instructions cannot override the statutory provisions or amend or supersede statutory rules or add something therein nor can orders be issued in contravention of statutory rules.



Now, the statutory rules, conditions or service for the Armed Forces are governed by the Army Act 1950, Air Force Act 1950 and Navy Act 1957 and Rules made under Article 309 of the Constitution of India. These Acts are statutory in nature. They were notified in the Gazette of India in 1950 and 1957, as amended from time to time.



Statutory law is the term used to define written laws usually enacted by the Parliament of India or a State Legislature under Article 309 of the Constitution of India, wherein the Parliament may by law regulate the recruitment and conditions of service and posts in connection with the affairs of the Union….



Statutory laws vary from regulatory or administrative laws which are passed by executive agencies such as GoI/MoD. But for a change in the statutory law, a Bill has to be proposed in Parliament and voted upon before it becomes law.



 Some years ago, then Finance Minister (and later President of India) had to steer a bill through Parliament making retrospective taxation a law. This was necessitated because the Supreme Court struck down, in 2012, the executive order of the Govt/Income Tax Department. For more details please read the  judgments of the Bombay High Court and the Supreme Court in the Vodafone case.   



The NFU case comes up for final disposal on 26 Oct 17 in the Supreme Court. Will the GoI/MoD risk another adverse judgment by overturning a statutory law by an executive order? Will the GoI/MoD not be embarrassed with the added opprobrium of lowering the Armed Forces, after taking credit for the surgical strikes, and that favourite line, "Siachen mein jawan bees ghante khade hain, aap Note badalne ke queue mein char ghante khade nahin rahe sakte?"





Satyam Ev Jayate            

Monday, 2 October 2017

Wait for OMJC Report just got a little longer?

It is understood that MoD/DESW has sought more time from the Parliamentary (Lok Sabha) Committee on Government Assurances to place before it the OMJC report on OROP and MoD's comments/examination of the report.

A RTI request has been filed on 27 Sep 17 and reply awaited.

Monday, 25 September 2017

In Reply to many emails - a compilation of SAI/Pay Rules (Stagnation increments not stated)



Pay Fixation from 3 CPC to 7 CPC
For reference purposes only

 3rd to 4th CPC (Please refer to SAI 1/S/1987 dated 26th May 1987 for more details)

 Para 6 (a) (i)      An amount representing 20 per cent of the basic pay in the existing scale shall be added to the existing emoluments (Basic Pay) of the officer.

(ii) After the existing emoluments have been s0 increased, an amount equivalent to the rank pay if any shall be added (Order of the honourable Supreme Court dated 4th September 2012)…..

The minimum Basic pay for the rank held by the officer on 1st January 1986 is indicated as follows: - 
                                                                    
AMC, ADC, RVC         
Rank Pay            
Lieutenant                              Rs 2500                 Nil                       -
         
Captain                                   Rs 2800                200                    2800

Major                                     Rs 3400                600                    3400

Lt Colonel (Sel)                       Rs 3900               800                    3900

Colonel                                    Rs 4500             1000                    4500

Brigadier                                  Rs 4950             1200                    4950

4th to 5th CPC (Please refer to SAI 2/S/1998 for more details)


5.       Fixation of Initial Pay in the revised scale will be regulated as under :-

(a) (i) An amount representing 40% of the basic pay including stagnation increments, if any, and rank pay wherever applicable in the pre-revised scale, shall be added to the “emoluments” of the officer.

(ii) After the existing emoluments have been so increased, an amount equivalent to the rank pay, if any, appropriate to the rank held by the officer on 1.1.96 at the rates prescribed in Para 3(a)(ii) above shall be deducted (deleted after order of the honourable Supreme Court dated 4th September 2012). Thereafter the officer’s pay will be fixed in the revised scale at the stage next above the amount thus computed.

Note:- In case of officers holding acting rank as on 1.1.96, the pay shall be fixed at the stage in the revised scale appropriate to the acting rank held by him, provided the officer has completed the minimum number of years of qualifying service, prescribed under extant orders, for promotion to substantive rank. Otherwise, the pay shall be fixed in the revised scale appropriate to the substantive rank of the officer. However, on completion of prescribed minimum number of years of qualifying service for substantive promotion, the pay shall be fixed in the appropriate pay scale of the acting rank held. The officer shall draw the rank pay of acting rank actually held.

(iii) Officer who became substantive major on or after 1.1.96 shall be granted the scale of pay of Lt Col on their stagnation for one year in the revised scale of Major. Such officer will, however, continue to draw the rank pay for Major.

(iv) As a one time measure those who became Substantive Major before 1.1.96 will be granted the scale of Lt Col on completion of 21 years of commissioned service, i.e. in their 22nd year with the rank pay of Major.

(d) For the purpose of pay fixation, the terms, “existing emoluments” shall include:

(i) Basic Pay including rank pay and stagnation increment(s), if any in the pre-revised scale.

(ii) Dearness Allowance at the Index Average of 1510, (1960=100).

(iii) Amount of first and second instalments of Interim Relief.

The Basic Pay of 5th CPC in the SAI was as follows: -

          Lieutenant                    Rs 8250-300-10050              Nil Rank Pay

          Captain                         Rs 9600-300-11400              RP Rs 400

          Major                            Rs 11600-325-14850             RP Rs 1200

          Lt Col                            Rs 13500-400-17100             RP Rs 1600

          Colonel                          Rs 15100-450-17350             RP Rs 2000

          Brigadier                      Rs 16700-450-18050               RP 2400
         
5th to 6th CPC (Please refer to SAI 2/S/2008 & 3/S/2008 on placement of Lt Cols in PB-4 for more details)

Fixation of Initial Pay in the Revised Pay  Structure  

(a) The initial pay of an officer who elects, or is deemed to have elected under
para 6 to be governed by the revised pay structure on and from the 1st  day
January, 2006, shall be fixed in the following manner;-

(i) The pay in the relevant pay band / pay scale will be determined by multiplying the existing basic pay and rank pay as on 01 Jan 2006 by a factor of 1.86 and rounding off the resultant figure to the next multiple of 10. Illustration 1 in this regard is given at Appendix 'B' to this instruction.

(ii) If the minimum of the revised pay band / pay scale is more than the amount arrived at as per (i) above, the pay shall be fixed at the minimum of the revised pay band / pay scale.

9.      Rate of Increment in the Revised Pay Structure. The rate of increment in revised pay structure will be 3% of the sum of the pay in the pay band and grade applicable, which will be rounded off to the next multiple of 10, The amount of increment will be added to the existing pay in the pay band.  Illustration 3 in Appendix 'B' to this instruction refers.

10.     Date of Next Increment in the Revised Pay Structure. There will be a uniform date of annual increment, viz.July of every year.


Rank                    PIPB                    GP    Increment          MSP           Max PIOB

Lieutenant          15600                  5400          3%              6000                   31900

Captain               16860                  6100           3%              6000                   31900

Major                  19380                  6600          3%              6000                   31900

Lt Colonel            38530                  8000         3%              6000                   67000

Colonel                40890                 8700          3%              6000                   67000

Brigadier             43390                  8900          3%              6000                   67000

Maj General        50700                  10000        3%              Nil              67000

Lt Gen (HAG)     67000                 Nil              3%              Nil              79000

Lt Gen (HAG+)   75500                  Nil              3%              Nil              80000

Vice Chief/Army
Cdr                       80000                 Nil              Nil              Nil              Fixed                  

DGAFM               80000                0                 Nil              Nil              Nil              85000
Including NPA


[Note: - Pension will be 50% or average of 10 months prior to the date of retirement, whichever is beneficial, of the sum of last drawn Pay in Pay Band (erstwhile Basic Pay) + Grade Pay (GP) + MSP ]

6th to 7th CPC   (Please refer Army/Air Force Officers Pay Rules 2017, Navy Officers Pay Regulations 2017 and Amendments thereof)    

In the 7th CPC From Air Force Pay Rules for Officers, 2017, Part II, Section 4, Page No 19

12.     Fixation of Pay on Promotion or Upgradation on or after 1st  day of January, 2016 – The fixation of pay in case of promotion or upgradation from one Level to another in the revised pay structure shall be made in the following manner, namely: -  
         
xxxx                                        xxxx                                        xxxx

(iii)   In case of promotion of an officers from Level 13A to Level 14, increment shall be calculated on the pay in Level 13A being drawn immediately prior to promotion and the sum of the pay in the Level 13A plus the amount of increment for promotion plus Military Service Pay shall determine the pay in the Level 14 and the figure so arrived at will be located in the next higher Level 14, and if such an identical figure corresponds to any Cell in Level 14, the same shall be the pay in the revised pay structure and if the identical figure is not available in Level 14, the pay in the Pay Matrix shall be fixed at the immediate next higher Cell in Level 14 of the Pay Matrix 

Illustration

1
Level in the revised pay structure  Level 13A
Levels
13
13A
14
2
Basic Pay in the revised pay structure: 171700
1
125700
139600
144200
3
Promoted to Major General in Level 14
2
129500
143800
148500
4
Pay in Level 13A after promotion increment: 176900
3
133400
148100
153000
5
MSP: 15500
4
137400
152500
157600
6
Adding S No. 4 and 5
192400




7
Pay fixed in Level 14: 193800
5
141500
157100
162300


6
145700
161800
167200


7
150100
166700
172200


8
154600
171700
177400


9
159200
176900
182700


10
164000
182200
188200


11
168900
187700
193800


12
174000
193300
199600

From Air Force Officers Pay (Amendment) Rules dated 6th July 2017 issued on MoD F No. 1(8)/2016-D (Pay/Services) Part I

2.      In the Air Force Pay Rules, 2017: -
         
(a) In Rule 3, in clause (g), the following Note shall be inserted, namely: -
Note: “In an kind of calculation which attempts to work with the maximum pay of a particular level the last figure of the Level shall not be calculated and the end-points of the Level, representing the possible highest and lowest pay in that level, may not be treated as the maximum and minimum of any closed pay scale, as used to prevail prior to the implementation of the 6th CPC.”

Factual Illustration in case of an Air Vice Marshal  F (P) with amounts taken from Air Force Officers Pay (Amendment) Rules dated 6th July 2017 issued on MoD F No. 1(8)/2016-D (Pay/Services) Part I

1
Level in the revised pay structure  Level 13A
Levels
13
13A
14
15
16
2
Basic Pay in the revised pay structure: 187700
1
130600
139600
144200
182200
205400
3
Promoted to Major General in Level 14
2
134500
143800
148500
187700
211600
4
Pay in Level 13A after promotion increment: 193300
3
138500
148100
153000
193300
217900
5
MSP: 15500
4
142700
152500
157600
199100
224400
6
Adding S No. 4 
and 5
                   208800






7
Pay fixed in Level 14: 211800
5
147000
157100
162300
205100



6
151400
161800
167200
211300



7
155900
166700
172200
217600



8
160600
171700
177400
224100



9
165400
176900
182700




10
170400
182200
188200




11
175500
187700
193800




12
180800
193300
199600




13
186200
199100
205600




14
191800
205100
211800




15
197600
211300
218200




16
203500
217600





17
209600






18
215900