Thursday, 14 June 2018

Published as received from a pseudonymous source - Notional Pay etc


A pseudonymous writer sent me the following table asking for any comments from readers of my blog.

So, here it is

Year (QS)
1-10 (PIPB+GP+MSP)
11-20 (PIPB+GP+MSP)
21-30 (PIPB+GP+MSP)
31-40 (PIPB+GP+MSP)
Rank
Lt Col/Cdr/Wg Cdr
2006 (13)
51400
51400
51400
51400
2007 (14)
52770
52770
52770
52770
2008 (15)
54180
54180
54180
54180
Rank
Col
Lt Col/Cdr/Wg Cdr
Jan 2009 (16)
 57250
55630
55630
55630
Rank
Col/Capt (IN)/Gp Capt
Lt Col/Cdr/Wg Cdr
Jul 2009 (16)
58975
57250
57120
57120
Rank
Colonel/Capt (IN)/Gp Capt
Lt Col
2010 (17)
60740
58975
58975
58660
2011 (18)
62570
60740
60740
60240
2012 (19)
65000
62570
62570
61870
2013 (20)
66400
65000
65000
63550
2014 (21)
68400
66400
Col 66400
65280
Rank
Colonel/Capt (IN)/Gp Capt
2015 (22)
70420
68400
68400
66400
Notional Pay in 6th CPC
70400
68400
68400
66400
Pension @ 50% in 6th CPC
35200
34200
34200
32200
OROP  (22 y)
Protected
Protected
Protected
33320
Index in 7th CPC Pay Matrix (6th CPC x 2.57)
180928
Next higher
186200
175788
Next higher
180800

?

?
Pension @ 2.57 of 7th CPC

93100

90400

?

?
Pension @ 2.67 of 7th CPC

 96722

93917

?

?

Reference comment of Corona8 below.

The clarifications of the author, which appear not to have been copy-pasted are:

The figures on the X axis i.e. 1-10 etc are first ten members of the Course etc continuing to 40 course-mates.

The figures in the Y axis in brackets are the number of years of service or Qualifying Service (QS).


The amounts are actually drawn by the pseudonymous author's Course.

Clarification required: Will Notional Pay based pension affect OROP? If so how
  

Sunday, 10 June 2018

Civilian Oversight of the Armed Forces




The Man Who Saw the Future

One of Jawaharlal Nehru’s enduring legacies has been the firm civilian control of the military.

Written by Sushant Singh | Updated: November 13, 2016 12:00:36 am

Nehru’s regular letters to the chief ministers, after Independence, provide us an insight into how his views were shaped by his understanding of the pernicious effects of militarism in Europe and Japan which led to World War II. (Source: Express Archive)

Jawaharlal Nehru’s legacy as a prime minister is often tarnished by two issues — Kashmir and the China debacle. In recent years, revisionist versions of history have tried to portray that Nehru failed in both these ventures because he devalued the military. That is far from true, but an official version of history, where Nehru was shown as a dogmatic pacifist, has helped in that misleading portrayal. Nehru, as historians aver, was a geopolitical realist, but that is a story for another day. This is about his legacy on matters military which go beyond Kashmir and China — he laid the foundations of firm civilian control of the military which has held steady for the last seven decades.

It started early, well before independence. In September 1946, when an interim government of Congress and Muslim League members took office to assist the transfer of power from the British crown to independent dominions of India and Pakistan, Nehru was sworn in as the vice president of the Viceroy’s executive council, a de facto prime minister. One of the first steps taken by Nehru was to replace the commander-in-chief as defence member of the council — de facto, the defence minister — by a civilian leader, Sardar Baldev Singh. This was not done on a whim. It was the culmination of a longstanding demand of the Indian nationalists and the Congress party. As part of the measures to keep the military firmly under civilian control, the Motilal Nehru committee had recommended that the defence member of the council should be a civilian as early as in 1928.

Jawaharlal Nehru didn’t stop at nominating Singh. He also instructed the commander-in-chief to initiate urgent reforms to nationalise the Indian army. Another recommendation of the Motilal Nehru committee, to widen the recruitment pool of officers to reflect the composition of society, was to be implemented. It was meant to enable the armed forces, hitherto serving a colonial empire, to appreciate the values and aspirations of the country they served. The interim government also asked for the raising of the paramilitary forces to avoid using the army for internal security and to insulate it from domestic politics and politicisation. Nehru’s regular letters to the chief ministers, after Independence, provide us an insight into how his views were shaped by his understanding of the pernicious effects of militarism in Europe and Japan which led to World War II.

If Nehru’s thinking was clear, his orders were clearer. On the eve of India’s Independence, Indian army’s British commander-in-chief, General Rob Lockhart issued an order to keep the public away from the flag hoisting ceremony. Rescinding this order, Nehru wrote back: “In any policy that is to be pursued in the army or otherwise, the views of the government of India and the policy they lay down must prevail. If any person is unable to lay down that policy, he has no place in the Indian army.”
Nehru was not alone in institutionalising firm civilian control of the military. Sardar Vallabhbhai Patel, his deputy prime minister, was angrier than Nehru when the British chiefs of the armed forces protested the government’s decision to position troops around Junagadh state in October 1947, after it had declared accession to Pakistan. Both leaders made it clear that they were prepared for a showdown if military commanders didn’t follow the orders of the civilian government. This incident led to the creation of a defence committee of the cabinet to institutionalise civil-military interaction on matters of national security.

Steven Wilkinson, professor at Yale University, says Nehru’s high point of dealing with the military was in 1955, when he reduced and split up the unified armed forces hierarchy into three separate commands, one each for the army, air force and navy. Each of them was headed by a nominally equal chief of staff. Nehru did this deliberately, Wilkinson argues, as he acknowledged in February 1963, “to reduce the role of the military on the Indian scene.”

By late 1950s, Krishna Menon’s assumption of the defence minister’s office led to situations which have raised valid questions about Nehru’s handling of the military, the most controversial among them being army chief General KS Thimayya’s offer of resignation in September 1959. Thimayya’s resignation, which Wilkinson rates as Nehru’s lowest point in civil-military relations, was due to a disagreement with Menon over the promotion of senior army officers.

Historian Srinath Raghavan says reasons for the resignation ran deeper. Following a clash between Indian and Chinese forces along the eastern borders, Thimayya wanted the political leadership to agree to Ayub Khan’s proposal for joint defence arrangements between India and Pakistan. Nehru and Menon were opposed to this. Thimayya broached the matter with Nehru, who assured him that he would discuss the issue with Menon. When things did not progress, Thimayya sent his resignation to Nehru, who managed to persuade him to withdraw it without giving any assurances. Nehru played it down in the Parliament as a matter of temperamental differences, but he stressed that “civil authority is and must remain supreme.”

“The general assumption that (the) Thimayya episode was civilian interference in military affairs is unfounded. It was over an issue of policy in which military can’t have the final word,” says Raghavan. The debacle of 1962, however, weakened Nehru’s position vis-à-vis the military. Unnerved by the public perception following the defeat, civilian leaders acceded to the military’s demand to stay away from its operational turf. The narrative had gained ground in the military that the principal lesson drawn from 1962 was the importance of “standing up” to politicians. In 1963, army chief General Jayanto Nath Chaudhuri and his corps commander, Sam Manekshaw, ignored Nehru’s orders for the military to move into the erstwhile North Eastern Frontier Agency.

The fabric of civil-military relations, woven so deftly by Nehru, had started fraying at the edges in his final years. But the culture, norms and institutional structures established in the early years have shown India as an exception to all other post-colonial societies. The British did not bestow a structured template of civil-military relations to independent India. Between 1857 and 1947, almost 40 per cent of the government’s expenditure went to the military, and the commander-in-chief served as the defence member on the Viceroy’s council. In 1943, the commander-in-chief, Field Marshal Archibald Wavell, was appointed as the viceroy. Nehru had to, thus, create a new template for dealing with the military in an independent India.

In the final analysis, however, Wilkinson says that “Nehru was unusual in that as early as 1946 he saw the potential threat from the military to India’s new democracy, and then acted quickly to prevent any potential threats by changing the military’s organisation and making some astute promotions”.

Raghavan concurs: “Nehru’s real contribution has to be the conversion of a colonial state where military had excessive power to a liberal system of democracy. He converted a garrison state into a post-colonial state with firm civilian control of the military. That was an unusual achievement of the times and we must give due credit to him”






Was reading in The Hindu, 10 Jun 2018 Chinks in the armour by Happymon Jacob which is a review of The Oxford Handbook of India’s National Security (edited by Sumit Ganguly, Nicolas Blarel, and Manjeet S Pardesi, Oxford University Press (Rs 2495/-)



…In his insightful chapter on ‘India’s Defence Industrial Base; Decay and Reform’, (Richard) Bitzinger investigates the problems faced by India’s defence industry and concludes that “India will continue to depend on foreign weaponry….while its local arms factories will waste valuable time and resources turning out military equipment that will contribute little to the country’s hard power. It is not a combination that makes for great power status in the global arena…. India’s defence industry will continue to function mainly as an assembler rather than an innovator.”



…. Similarly (Steven) Wilkinson, another scholar of global repute, points out in his chapter entitled ‘Civil-Military relations’ that the “coup-proofing” measures introduced from 1947-55 such as heavy civilian oversight and the splitting up of the forces into multiple commands with little coordination, have also created real long-term problems for India’s military effectiveness.”      



So,

Is it back to same status from a Govt that praises the Armed Forces?


.    

Saturday, 26 May 2018

Calculations of Pensions based on Notional Pay in the Maj Gen Vains & Others case - for information


Calculation of Pension based on Notional Pay
Statements of O/o CGDA in the Major General S P S Vains & Others Case

Pre 1.1.96 retiree Maj Gen
Pension of pre 1.1.96 retiree fixed after 1.1.96 i.e. 5th CPC
Pension of pre 1.1.96 retiree fixed as per Supreme Court order dated 9.9.2008
Pension of pre 1.1.96 retiree fixed after 1.1.2006 i.e. 6th CPC recommendations
While pay of the Brig after the 4th CPC was fixed at Rs 5100/- + Rank Pay Rs 1200/-, the pay of Major General was fixed at Rs 6700/-.

Maj Gen SPS Vains (IC 12548)

DoC: 11.06.1961
DoR: 31.10.1995
QS: 34 y 04 m 20 days
(Restricted to 33 years)
Last pay Rs 6700/-
Ten months average emoluments Rs 6900/-
(In this case officer had drawn pay of Rs 6700/- and stagnation increment of Rs 200/- during last 10 months. As such average remained Rs 6900/-.)

CALCULATION OF PENSION AT THE TIME OF RETIREMENT

In case of officers retired after 1.1.1986, pension is to be calculated in terms of GoI letter dated 30.10.1987. As per Para 6.1, the retiring pension is calculated at 50% of average emoluments. For lesser QS the amount will be proportionately reduced. In this case the emoluments were Rs 6900/-     

Therefore, Retiring Pension =
QS x average emoluments for 10 months
2x 33

= 33 x 6900  = Rs 3450
      2 x 33

The above amount was sanctioned by PPO No. xxxx/164/95
Revision of pension under V CPC by Consolidation

In case of officer retired before 1.1.1996 the existing pension as on 31.12.1995 was to be consolidated in terms of GoI letter dated 24.11.1997 with effect from 1.1.1996 by adding together
(i) the existing pension/family pension
(ii) Dearness relief up to CPI 1510 i.e. @ 148%, 111% and 96% of basic pension as admissible on 1.1.1996 vide DP & PW OM No. 42/8/96 – P & PW (G) dated 20.3.1996 
(iii) Interim relief I
(iv) Interim Relief II
(v) Fitment weightage @ 40% of the existing pension/family pension

The working consolidated pension in this case as per above formula is as given hereunder:
(i) Existing pension: Rs 3450
(ii) Dearness relief @ 96% subject to a minimum of Rs 3330) = Rs 3330
(iii) Interim relief I = Rs 345
(iv) Interim Relief II = Rs 50
(v) Fitment weightage = Rs 1380
Total     = Rs 8555

Revision of pension under V CPC under MODIFIED PARITY  as per GoI letter dated 7.6.1999

Pension is calculated as 50% of the minimum of revised pay scale of pay introduced w.e.f. 1.1.1996 for the rank last held by the commissioned officer at the time of his/her retirement. In case of less than maximum required service for full pension, Pension is reduced pro rata. The scale for Maj Gen under V CPC – Rs 18400-22400

Minimum of scale = Rs 18400

Pension = QS x Pay
                     2 x 33 
               = 33 x 18400
                        2 x 33
              = Rs 9200

But as per note given under Para 6.1. of GoI letter dated 30.10.1997 the retiring pension of an officer in the rank of Maj Gen shall not be lesser than the pension which would have been admissible to him/her had he/she not been promoted to higher rank.
The scale of Brig under V CPC = Rs 16700-400-18050
Rank Pay = Rs 2400
Minimum of scale = Rs 16700 + 2400 = Rs 19100

Pension = QS x Pay
                       2 x 33
               = 33 x 19100
                       2 x 33
= Rs 9550 (pension of Brigadier)

Therefore the pension of Maj Gen stepped up to Rs 9550 under GoI MoD letter dated 7.6.1999 vide PPO No. M/MODP/xxxxx/99  
Revision of pension under 5th CPC under Govt letter dated 15.7.2009 issued in implementation of Supreme Court order dated 9.9.2009

As per the order, the pay of all pensioners in the rank of Maj Gen and its equivalent in the two other Wings of the Defence Services be notionally fixed at the rate given to similar officers of the rank after revision of pay scales w.e.f. 1.1.1996 and thereafter to compute their pensionary benefits on such basis with prospective effect from the date of filing of the writ petition

Pay re-fixed in terms of GoI MoD letter dated 15.7.2009 = Rs 20000

Pension = QS x Pay
                      2 x 33 
              = 33 x 20000
                     2 x 33
              = Rs 10000/-

The above amount of pension was revised vide PPO/M/MODP/xxx/2009
Revision of pension under 6th CPC (by consolidation)

In case of officers retired before 1.1.2006, pension is to be consolidated in terms of Govt letter dated 11.11.2008 with effect from 1.1.2006 by adding together

(i) The existing pension/family pension
(ii) Dearness Pension, if any, as applicable to those retired/died prior to 1.4.2004
(iii) Dearness relief up to CPI 536 i.e. @ 24% of basic pension/family pension plus dearness pension
(iv) Fitment weightage @ 40% of the existing pension/family pension

The working of consolidated pension in this case as per above formula is as given hereunder:

(i) Existing pension = Rs 10000
(ii) Dearness Pension = Rs 5000
(iii) Dearness relief @ 24% = Rs 3600
(iv) Fitment weightage = Rs 4000

Total = Rs 22600  
Revision of pension under CI CPC (Under Modified Parity)

The consolidation of pension will further be subject to provision in terms of Para 5 of letter of 11.11.2008 that the consolidated pension in no case shall be lower than 50% of the minimum of the pay in pay band plus grade pay corresponding to the pre-revised scale from which the pensioner had retired. The pension so calculated will be reduced pro-rata in case of less than maximum required service to earn full pension. The scale of Maj Gen under VI CPC
(a) Pay Band PB-4 = 37400-67000
(b) Grade Pay = Rs 10000
(c) MSP (Notional) = Rs 6000

(d) Minimum of scale = Rs 37400+10000+6000 = Rs 53400

Pension = QS x Pay
                     2x 33
              = 33 x 53400
                       2 x 33
             = Rs 26700
Therefore, the pension w.e.f 1.1.2006 under modified parity is beneficial compared to pension calculated under consolidation formula.
Therefore, revised pension w.e.f. = Rs 26700/-
Chart II
POST 1.1.1996 RETIRED MAJOR GENERAL (Retd 30.6.1996) PRE-2006 CASE 5th CPC CASE
POST 1.1.1996 RETIRED MAJOR GENERAL (retd on 30.6.1996) – Calculation of pension at the time of retirement   5th CPC Case
POST 1.1.1996 RETIRED MAJOR GENERAL (retd on 30.6.1996 – Pre-2006 case – calculation of pension under 6th CPC
Major General Trilochan Singh
DoC: 11.6.1961
DoR: 30.6.1996
QS: 35 years 20 days restricted to 33 years

From
To
No of months
Basic Pay
Stag
Personal Pay
Total
Total
A
B
C
D
E
F
G
G x C
1.9.95
31.2.95
4
13610
200
-
13810
55240
1.1.96
31.1.96
1
19900

100
19900
19900
1.2.96
22.2.96
22/29
19900

100
19900
15096.55
23.2.96
29.2.96
7/29
20900


20900
5055.83
1.3.96
30.6.96
4
20900


20900
83600

Total of ten months emoluments = Rs 178881.93
Average of ten months emoluments = Rs 17888.14
Calculation of Pension at the time of retirement

In case of officers retired after 1.1.1996, pension is to be calculated in terms of GoI letter dated 3.2.1998. Retiring pension is calculated @ 50% of average emoluments. For lesser QS the amount will be proportionately reduced.

Note the retiring pension of an officer of the rank of Maj Gen shall not be less than the pension which would have been admissible to him/her had he/she not been promoted to the higher rank.

Retiring pension

QS x average emoluments for last 10 months
   2/33
= 33 x 178814
          2 x 33
= Rs 8945

The above amount has been sanctioned vide PPO No. M /Corr/xxxxxx/98

Revision of Pension Under V CPC Under Modified Parity

As per GoI/MoD letter dated 7.6.1999 pension is calculated as 50% of the minimum of revised pay scale of pay introduced w.e.f. 1.1.1996 for the rank last held by the commissioned officer at the time of his/her retirement. In case of less than maximum required service for full pension, the pension is reduced pro-rata.
The scale of Maj Gen under V CPC  Rs 18400-22400
Minimum of scale = Rs 18400

Pension = QS x Pay
                       2x 33
               = 33 x 18400
                        2 x 33
             = Rs 9200
But as per note given under Para 6.1. of GoI letter dated 30.10.1997 the retiring pension of an officer in the rank of Maj Gen shall not be lesser than the pension which would have been admissible to him/her had he/she not been promoted to higher rank.
The scale of Brig under V CPC = Rs 16700-400-18050
Rank Pay = Rs 2400
Minimum of scale = Rs 16700 + 2400 = Rs 19100

Pension = QS x Pay
                       2 x 33
               = 33 x 19100
                       2 x 33
= Rs 9550 (pension of Brigadier)

Therefore the pension of Maj Gen stepped up to Rs 9550 under GoI MoD letter dated 7.6.1999 vide PPO No. M/MODP/xxxxx/99

Revision of pension under V CPC under GoI letter dated 31.3.2000 (under fitment formula)
As per this Govt letter the total emoluments for the number of months (i) the existing pension/family pension
(ii) Dearness relief up to CPI 1510 i.e. @ 148%, 111% and 96% of basic pension as admissible on 1.1.1996 vide DP & PW OM No. 42/8/96 – P & PW (G) dated 20.3.1996 
(iii) Interim relief I
(iv) Interim Relief II
(v) notional increase of basic pay including rank pay  fitment weightage @ 40% of the existing pension/family pension

Total of 10 months emoluments is Rs 192081.37
Average of 10 months emoluments is Rs 19208.14

Retiring pension =
QS x average emoluments for 10 months
2 x 33
= 33 x 19208.14
          2 x 33
 = Rs 9604.07 rounded off to Rs 9605 per month
Revision of pension under VI CPC (by consolidation)

In case of officer retired before 1.1.2006. pension is to be consolidated in terms of para 4 of GoI letter dated 11.11.2008. Existing pension as on 31.12.2005 is to be consolidated in terms of GOI letter dated 11.11.2008 with effect from 1.1.2006 by adding together
(i) the existing pension/family pension
(ii) Dearness pension, if any, as applicable to those retired/died prior to 1.4.2004
(iii) Dearness relief up to CPI 536 i.e. @ 24% of the basic pension/family pension
(iv) Fitment weightage @ 40% of the existing pension/family pension.

The working of consolidated pension in this case as per above formula is given hereunder 

Pension = 9606

Dearness Pension = 4803
Dearness relief @ 24%                 = 3458
Fitment weightage =
                          3842
Total   = 21708

Revision of Pension under VI CPC (under modified parity)
The consolidation of pension will further be subject to provision in terms of para 5 of letter of 11.11.2008 that the consolidated pension in no case shall be lower than 50% of the minimum of   pay in pay band plus grade pay corresponding to the pre-revised scale from which the pensioner had retired. The pension so calculated will be reduced pro-rata in case of less than maximum required service to earn full pension. The scale of Maj Gen under VI CPC
(a) Pay Band PB-4 = 37400-67000
(b) Grade Pay = Rs 10000
(c) MSP (Notional) = Rs 6000

(d) Minimum of scale = Rs 37400+10000+6000 = Rs 53400

Pension = QS x Pay
                     2x 33
              = 33 x 53400
                       2 x 33
             = Rs 26700
Therefore, the pension w.e.f 1.1.2006 under modified parity is beneficial compared to pension calculated under consolidation formula.
Therefore, revised pension w.e.f. = Rs 26700/-

Therefore the pension with effect from 1.1.2006 under modified parity is beneficial to the pensioner. Revised pension payable is Rs 26700/- w.e.f. 1.1.2006
Chart III
POST 96 RETIRED MAJOR GENERAL CASE (Retd on 31/10/2005) Pre-2006 case
Revision of pension under VI CPC by consolidation

In case of an officer retired before 1.1.2006, pension is to be consolidated in terms of para 4 of GoI letter dated 11.11.2008, with effect from 1.1.2006 by adding together
(i) the existing pension/family pension
(ii) Dearness Pension, if any, as applicable to those retired/died prior to 1.4.2004
(iii) Dearness relief upto CPI 536 i.e. 24% of basic pension/family pension plus dearness pension
(iv) Fitment weightage@ 40% of the existing pension/family pension.

The working of consolidated pension in this case as per above formula is as given hereunder: -

(i) The existing pension with DP =
                                                      16838
(ii) Dearness relief @ 24% =       4041
(iii) Fitment weightage       =       4491
Total                                       =   25370 

Revision of pension under VI CPC (under modified parity)
The consolidation of pension will further be subject to provision in term of para 5 of letter dated 11.11.2008 that the consolidated pension in no case shall be lower than 50% of the minimum of the pay in pay band plus the grade pay corresponding to the pre-revised scale from which the petitioner has retired. The pension so calculated will be reduced pro-rara in case of less than maximum service required to earn full pension. Annexure II of Govt letter dated 11.11.2008 refers.

The scale of Maj Gen under VI CPC:
Pay Band PB-4                 37400-67000
Grade Pay                                     10000
Military Service Pay (notional)    6000

Minimum of scale = 37400+10000+6000 = 53400
Pension =  Qualifying service x 33
                               2 x 33 
                =  33 x 53400
                           2 x 33
                 = Ra 26700

Therefore the pension w.e.f 1.1.2006 under modified parity is beneficial to pension calculated under consolidation formula. Therefore. Revised pension w.e.f. 1.1.2006 is Rs 26700/-
Major General Rakesh Das (IC17267L)
DoC: 25.12.1960
DoR: 31.10.2005
QS: 38 years 7 months (Restricted to 33 years)

From
To
No of months
Basic Pay
SI
DP
Total
D to F
Total
G x C
A
B
C
D
E
F
G
H
1.1.2005
30.9.2005
9
22400
0
11200
33600
302400
1.10.1995
31.10.1995
1
22400
500
11450
34350
34350

Total of ten months emoluments = 336750
Average of ten months emoluments= 33675

Retiring pension:
QS x average emoluments for last 10 months
                                     2x 33
= 33 x 33675
           2 x 33
= Rs 16837.50 rounded up to Rs 16838/- per month w.e.f. 1.11.2005 for life







Chart IV
Post 2006 retiree Major General case (retired on 31.1.2006)

Name; Maj Gen G R Ford 9IC23983M)
DoC: 21.12.1969
DoR   31.01.2006
QS: 36 Y 01 M 11D

Pay details

From
To
No. of months
Basic Pay
Rank Pay/Grade Pay
SI
A
B
C
D
E
F
1.4.05
31.05.05
2
18050
2400
450
1.6.05
14.06.05
14/30
18050
2400
450
15.6.05
30.06.05
16/30
21400


1.7.05
31.12.05
6
21400


1.1.06
31.01.06
1
54870
10000


Calculation of Pension: In case of officers retired on or after 1.1.2006, linkage of full pension with 33 years of qualifying service has been dispensed with. The pension is calculated at 50% of the emoluments last drawn or average of reckonable emoluments drawn during last 10 months, whichever is more beneficial.

In the above case ten months average will not be beneficial

Last pay drawn = Rs 54870 + 10000 = 64870. Therefore pension calculated at 50% of emoluments last drawn Rs 64870 = 32345 per month w.e.f. 1.2.2006.
                              2