Effects of MoD letters dated 27 Dec 12 and 24 Jul 14 - A refresher From RDOA's blog

This is from RDOA – Retired Defence Services Officers Association who’s fighting this as Lt Col (retd) N.K. Nair & Ors Vs UoI & Ors

The Truth and Deceit: IV CPC Rank Pay Case: Part I

The truth needs to be known to all as to how the Armed Forces officers were cheated by MoD’s (which includes CGDA, PCDA(O) acts of commission/omission which resulted in down gradation of the Armed Forces cadre and lower pay and allowances. The revelations will be in two/three parts in Q/A form.

Q:        Did you get rank pay at IV & V CPC in real terms?

A:        NO. What appears as ‘rank pay’ is notional even after the partial implementation of SC order by UOI/MoD.

Q         What has PCDA (O) paid now after the SC judgment? (also add NPO and AFCAO)

A.        PCDA (O) Pune has only paid the difference of total emoluments which you were paid (drawn) and what you should have got (Due) without deduction of rank pay. By so doing it has also violated the instructions of MoD which said that the minimum initial pay for each rank be re-fixed without deduction of rank pay in terms of impugned para 6(a)(ii) of SAI of 1987 as per MoD’s own letter of 27 Dec 2012.

Q.        For a moment let us presume that if no rank pay was granted what would then be the scales of officers when migrating from III CPC to IV CPC equivalent to civilian scales?

A:        The equivalent civilian scales would have been:

Capt Rs 3000-100-3600;

Major Rs 4100-125-4850-150-5300;

Lt Col Rs 4800-150-5700,

Col Rs 5100-150-5700;

Brig Rs 5900-200-6700.

Rank pay would then have been over and above the revised scales at the recommended scales of IV CPC.

The edge given to armed forces officers in their pay scales as compared to civilian officers was due to ‘Special Disturbance Allowance’ which existed before III CPC and continued thereafter.

Q         How the scales were manipulated to form integrated scale of Rs 2300-100-3900-150-4200-EB—150-5100?

A         Documentary evidence exists with RDOA that:

In the integrated pay scales for each rank there was a minimum pay fixed for separate ranks. This minimum was arrived at after deduction of rank pay. So then we have as per impugned para 6 (a) (ii) of SAI of 1987 the minimum for each rank as:

Capt Rs 3000 (2800 + RP 200);  

Major Rs 4000(3400 + RP 600);

Lt Col Rs 4700 (3900 + RP 800);

Col Rs 5500 (4500 + RP 1000);

Brig Rs 6150 (4950 + RP 1200)

So in real terms you never got rank pay.

Your scale was divided into two components of basic pay plus rank pay. As per para 8.65 of IV CPC Report Civilians who were in Senior Adm Grade II & I (SAG) at 3 CPC were upgraded and given the scale of Rs 5900-200-6700; but this was not extended to the Armed Forces. So Col and Brig got clubbed in the same scale of SAG II. Had that been given then Brig would have started at Rs 5900-200-6700. These depressed scales by an amount equal to rank pay got carried fwd to V CPC and then on to VI CPC reducing the pay scales and status of AF officers vis-à-vis civilian counterparts.

The entire integrated scale was compressed for officers from Capt to Brig in the equivalent civil scale of JTS starting with Rs 3000-100-3500-125-5000 which was improved by the Pay commission to Rs 5100 with rank pay to be paid in addition at the recommended rates.

Q         What then should be the correct integrated scale from the rank of Capt to Brig?

A         The integrated scale after re-fixation of initial pay in terms of impugned para 6(a)(ii) would also get modified to the extent of adding Rs 200 at start of scale of Capt and Rs 1200 at top of integrated scale equivalent to the deducted rank pay as given:

Existing:         Rs 2300-100-3900-150-4200 EB-150-5100

Revised:        Rs 2300-100-3900-150-5850-200-6300

Q         What the SC order says?

A         The Hon’ble Supreme Court in its order of 04 Sept 2012 corrected this grave anomaly. The judgment very clearly stipulated that the pay of all officers be re-fixed from 01/01/86 without deduction of rank pay.

So where ever deduction of rank pay is involved it has to be restored.

PCDA (O) has only calculated the total emoluments without deduction of rank pay but has left out the re-fixation in terms of impugned para 6 (a) (ii) which is affecting all officers whether pre 86/as on 1/1/86 or promoted after 1/1/86 and then on to V & VI CPC.

Q         What should be the correct re-fixation without deduction of rank pay?

A         To take an example, for the Major and Major (SG) that existed before IV CPC, the nearest civil equivalents were the Comdt and Comdt (SG) of the CG/BSF etc, though the CG being relatively new did not have Comdt (SG) at the time.

The Civil Services also had JAG (Dy Secy) and JAG (SG) /Director. But JAG (9 yrs) did not correspond with Maj/Comdt (11 yrs) but all SG levels became the same when the CPC instituted uniform progression to SG level at 14 years.

The post IV CPC scales of Comdt and Comdt (SG) started at Rs 4100 and Rs 4500 respectively. This is where the Maj/Maj (SG) would have started if we had not gone into the convulsions of integrated scale, RP etc.

 Now the CDA calculation says minimum for Major (11 yrs) is Rs 3600, less than the start of JAG/Dy Secy (3700) at 9 yrs. It cannot by any stretch be less than Rs 3700/- plus two increments.

The V CPC Anomalies reports (High Level Committee and Group of Officers) had also already accepted and implemented Rs 14300/- min (replacement of the IV CPC Rs 4500/-) for Major at 14 years and now they are saying Rs 13500/- for Lt Col instead of a few increments over Rs 14300/-.

 After due modification in terms of para 6(a)(ii), the revised initial fixation of pay in the integrated scale for officers from the rank of Captain to Brig & equivalent would be as shown.

Rank	Reckonable yrs of service for pay	Existing Initial Pay as per SAI of 87	Revised Initial Pay w/o deduction of rank pay	Rank pay	Total pay (Rs Pm)
Captain	5	2800	3000	200	3200
Major	11	3400	4050	600	4650
Lt Colonel	16	3900	4800	800	5600
Colonel	20	4500	5550	1000	6550
Brigadier	23	4950	5900	1200	7100

Once the minimum basic pay changes, the pension of all pre 1986 officers as well as those who got promoted after 1/1/86 would also change.

The Truth and Deceit: IV CPC Rank Pay Case: Part II

From the above it is crystal clear that the rank pay was deducted twice - First at the time of fixing the minimum initial pay for each rank from Capt to Brig in terms of para 6 (a) (ii) of SAI of 1987, and again at the time for calculation of emoluments which has been partially corrected now after the SC order because in most cases even the 20% fitment weightage has been denied. 

The increased minimum initial pay at IV CPC will have a cascading effect on the pay scales at the V CPC as the integrated scale was replaced by individual rank based pay scales. Rank pay was also deducted at the time of pay fixation of V CPC both at the time of deciding on the rank based pay scales as well as at the time of fixation. The existing pay scales of V CPC are depressed scales based on the lowered minimum for each rank at IV CPC which needs to be corrected. Accordingly the new scales would be as given

Rank/Pay Scale	Existing as per SAI 1997 at V CPC	Revised scales w/o deduction of rank pay at V CPC
Captain	9600-300-11400 +RP 400	10000-300-11800+ RP 400
Major	11925-325-14850+RP1200	12800-325-16050 + RP 1200*
Lt Col	13500-400-17100+RP 1600	15100-400-18700+RP1600
Colonel	15100-450-17350+RP 2000	17100-400-19350+RP 2000
Brigadier	16700-450-18050+RP 2400	19100-450-20450+RP 2400

* Note:  The corresponding Civil scale of Major of Rs 4100/4500, were rationalized and merged and given as Rs 14300-400-18300. Here again the Majors were given a raw deal.

Once this is implemented, then for VI CPC, the minimum of pay in the pay band and grade pay will correspondingly increase.

Rank		Existing / Revised Scales	Pay in the pay band	Grade Pay	MSP	Total Pay	Diff
Captain	Existing Revised	9600+400 RP 10000+400RP	18600 19350	6100 6600	6000 6000	30700 31950	1250
Major	Existing Revised	11600+1200RP 13125+1200RP	23810 26650	6600 7600	6000 6000	36410 40250	3840
Lt Colonel	Existing Revised	13500+1600RP 15100+1600RP	38530 42120	8000 8700	6000 6000	52530 56820	4290
Colonel	Existing Revised	15100+2000RP 17100+2000RP	40890 46050	8700 8900	6000 6000	55590 60950	5360
Brigadier	Existing Revised	16700+2400RP 19100+2400RP	43390 48870	8900 10000	6000 6000	58290 64870	6580

                       

Q         Was rank pay as admissible to Lt Col paid to Lt Col (TS)?

 A        No, neither at IV CPC nor at V CPC.

 Q        What is the definition of rank pay?

 A        Rank pay as defined by the IV CPC states’ Rank pay is admissible to an officer appropriate to the rank actually held, either in acting or substantive capacity, in addition to the pay in the revised scale. It is also stated therein that rank pay forms part of basic pay. It has been further clarified by MoD vide their letter of 29 Feb 2000 that, It is that element of their pay which is identified with their rank, which in turn has a relationship with their scale of pay. It will consequently be taken into account for determining their entitlement to such of those financial benefits/concessions etc including retirement benefits, as are directly related to the basic pay or their pay scales.

 The Army/Navy/Air Force instructions would be amended accordingly. These never got amended and the denial continued.

 Q        What does DSR say on substantive pay?

  A       Changes in DSR 1962 Edition vs 1987 Edition

             Para 65 of 1962 edition

            “Substantive promotion to the rank of Lt Colonel of officers not promoted by selection under para 66 below, against the authorized establishment of Lt Cols, may be made, subject to their being considered fit in all  respects by time –scale, on completion of 24 years reckonable commissioned service provided they  have not attained the age of  compulsory retirement. Officer so promoted will not be reckoned, against the authorised establishment of Lt Cols, but will be held in the separate ‘non-selection’ list, except that an officer selected to act as a Lt Col before completing 24 years service and made substantive under this rule on completing 24 years’ reckonable service will be held against an authorized Lt Col appointment”.         

           Para  66(i) of 1987 edition

           “Substantive promotion to the rank of Lt Col of officers not promoted by selection against the authorized establishment of Lt Cols, may be made, subject to their being considered fit in all  respects, by time scale, on completion of 21 years reckonable commissioned service but not more than 26 years reckonable commissioned service provided they  have not become due for retirement on the basis of the age of superannuation prescribed for the rank time scale of Lt Col. Officers so promoted will not  be reckoned, against the authorized establishment of Lt Cols, but will be held in the separate ‘non-selection’ list.  The number of officers held on the ‘non selection’ list  and  will count against the authorized

establishment of officers in the rank of Major”. 

Truth and Deceit: IV CPC Rank Pay Case: 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 “non-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.

DGL   

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 perused 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 .e.g. Major given pension of Rs 3400 + RP 600 and Lt Col given Rs 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 i.e.  (Rs 37400+8000+6000) = Rs 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 (Rs 42120+8700+6000) = Rs 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 has lead to contempt proceedings.

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