Monday, 22 September 2014

Extension of Benefit of Broad Banding of Percentage of Disability/War Injury.'

Please go to DESW website and access letter 'Rationalisation of Casualty Pensionary Awards for Armed Forces Officers and Personnel below Officer Rank (PBOR) invalided out from service prior to 1.1.1996: extension of benefit of broad banding of percentage of disability/war injury.'

Thursday, 18 September 2014

Avoiding Giving MoF, DoE a handle to beat us with

Avid readers and followers of the ongoing SAG-29 Pensioners Association Vs UoI saga through the OA 655 of 2010 till the Curative Petition and back to the implementation of the orders must have noticed the "teesra" the MoF, DoE has bowled by way of restricting the benefits to the members of the Association.

Avid followers/similarly placed officers of the Rank Pay Case would also have noticed that RDOA and it's advocates ensured that in IA No. 9 of 2010 in TP (C) No. 56 of 2007, every similarly placed officer, whether he approached the Courts, AFT or not, was made a beneficiary of the judgment dated 4th September 2012.

Perceptive readers and followers of both cases would have noticed that the order of the Apex Court in the Rank Pay case i.e. all similarly placed have not been given the advantage (as yet) in the SAG-29 Pensioners case.

It might be worth the while of those similarly placed officers who have not yet decided to become members of the RDOA whether they would like to wage their own legal battles, should the MoD/CGDA/MoF, DoE decide to confine implementation of any future favourable verdict only to members of the RDOA (which is the "Anr" part of Lt Col N K Nair & Anr Vs UoI) in Contempt Petition (C) No. 328 of 2013.

Wednesday, 17 September 2014

Reply to RTI from PMO - Petition Sent to Secretary, MoD

Online RTI Request Form Details

Public Authority Details :-

* Public Authority Prime Minister's Office

Request Details :-

* Description of Information Sought

Please refer to SYS/10525/Armed Forces dated 06.06.14 addressed to the Honourable Prime Minister.

The kindness of the Honourable Prime Minister was requested to have the issues examined as Armed Forces personnel retired and serving look to the Honourable Prime Minister for solutions to the listed pending issues mentioned therein.

RTI Act 2005 vide Para 2 (f) states Information means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the 􀆟me being in force.

Please provide information as defined in Para 2 (f) of the RTI Act 2005 on the progress of the actions taken by the Honourable Prime Ministers office in pursuit of solutions to issues mentioned in the above-mentioned petition dated 06.06.2014.

It is requested that this applicant may not be requested to travel to New Delhi to examine and earmark information from the files in the PMO related to the request due to the expense which may far exceed the cost of photocopies of information @ Rs 2/- per photocopied page or Rs 50/- per CD.

60940 Reply to RTI from PMO

Received on 16 Sep 14

Speed Post A.D

Right to Information

PRIME MINISTER’S OFFICE

South Block,

New Delhi – 110 011

No. RTI/4922/2014-PMR Dated: 10 Sept, 2014

To,

Subject: Application under Right to Information Act, 2005

Sir,

Reference is invited to application (no. 60940) dated 11.8.2014, received on 12.8.2014, on the above noted subject. The matter was referred to the office for providing inputs. Inputs provided by the office in respect of your request for information is enclosed (2 pages).

2. For the purpose of section 19 of the Right to Information Act, 2005, Shri Krishan Kumar, Director, is the appellate authority in respect of this office.

Yours faithfully,

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

Encl: as above (2 pages) (S. E. Rizwi)

Director & Central Public Information Officer

Telephone: 2307 4072

* * * * *

Right to Information
RTI/4922/2014-PMR

PRIME MINISTER’S OFFICE

(Public – IV Section)

***

Sub: Application of Shri S Y Savur under RTI Act 2005.

The petition dated 6-6-2014 received from the applicant in this office has been forwarded to the Secretary, Ministry of Defence, Govt of India for action as appropriate vide PMO letter No. 7/3/2014-PMP-4/July2 dated 17-7-2014. An attested copy of the communication is enclosed.

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

Section Officer 4/9/14

* * * * *

Monday, 15 September 2014

MoD refers NFU & Other Anomalies to 7th CPC on 25 Aug 14

Non-Functional Upgradation - Online RTI Request (Third time) Details

* Description of Information Sought

1. In reply by MoD No. 35 (11)/2013/D (Pay/Services) dated 08 October 2013, MoD had stated ....”2. The issue of Non Functional Upgradation to personnel of the Armed Forces was one of the five issues relating to service personnel which were considered by the Committee headed by Cabinet Secretary. The Committee submitted its Report to the Prime Minister. It is stated that the recommendations on pay related issues of the report of the Committee have been further examined in Ministry of Defence and it has been still decided to wait.....”

2. In reply of even reference dated 30 December 2013, in reply to MODEF/R2013/61057 dated 10 December 2013, MoD stated .... “2. The issue of Non-Functional Upgradation was one of the issues considered by the Cabinet Secretary Committee. It is informed that decision on the recommendations of Cabinet Secretary Committee Report on the issues related to serving defence personnel is yet to be taken by the Government. Hence, the information sought vide above referred application cannot be shared at this stage by this Ministry under Section 8 (1) (i) of the RTI Act, 2005.

3. Now more than 8 months have passed and some decision must have been taken.

4. Therefore, I request comprehensive information as defined in Sec 2 (f) of the RTI Act 2005 on the issue of decision taken by the Government on the issue of Non Functional Upgradation for eligible defence personnel.

Reply dated 8^th September 2014 received on 15^th September 2014

No. 35 (1)/2013/D (Pay/Services)

Government of India

Ministry of Defence

New Delhi, the 8^th September, 2014

Shri S Y Savur

141, Jal Vayu Towers,

NGEF Layout,

Indira Nagar (PO),

Bangalore - 560038

Subject: Seeking information under RTI Act, 2005

Sir,

Reference is invited to MoD ID No. MODEF/R/2014/61542 dated 28.8.2014 forwarding your application dated 26.8.2014 received in this section on 1.9.2014 on the above subject.

2. The issue of Non-Functional Upgradation to Armed Forces officers was one of the issues considered by the Cabinet Secretary Committee. The Committee recommended that pay related issues may be specifically referred to the next pay commission for its consideration as the Pay Commission is the expert body set up for this purpose which can examine these issues in a holistic manner. Government has accepted these recommendations. Accordingly, Services have been requested to take further necessary action. MoD has also referred the pay related issues to 7^th CPC. In this connection, copies of MoD letters No. 22 (4)/2012-D (Pay/Services) dated 4^th July 2014 and 25^th August 2014 are enclosed.

3. The Appellate Authority is Shri Pradeep Kumar, Director (AG-I), Ministry of Defence, Room No. 102, Sena Bhavan, New Delhi.

sd/--------------

08.09.14

(V. N. Raveendran)

Under Secretary & CPIO

Encl: as above

* * * * *

Most Immediate

Government of India

Ministry of Defence

Subject: Decision on the recommendations of Cabinet Secretary Committee on pay related issues of Defence Services Personnel

On the directions of the Hon’ble Prime Minister, a Committee under the chairmanship of the Cabinet Secretary to look into certain pay and pension issues of serving and retired Defence Services Personnel was set up by the Cabinet Secretariat in July 2012. The Committee was serviced by D/o Expenditure. The issues placed before the Committee were as under: -

(i) Defence Services Personnel

(a) Common pay scales for in-service JCOs/ORs

(b) Initial pay fixation of Lt Col/Col and Brig/equivalent

(d) Placing of all Lt Gens in HAG+ scale, and

(e) Grant of Non-Functional Upgradation (NFU) to Armed Forces personnel

(ii) Ex-servicemen

(a) One Rank One Pension

(b) Enhancement of Family Pension

(d) Family pension to mentally/physically challenged children of Armed Forces personnel on marriage

2. The Committee submitted its report in August 2012. A copy of the Report is enclosed herewith. All the recommendations of the Committee related to Ex-servicemen have been implemented by issue of eight Government letters on 17.1.2013.

3. Regarding the issues related to serving Defence Personnel, the Committee vide Para 39 of its Report noted that

“the pay related issues are complex and have ramifications across the Government including on para-military personnel. The proposals made by Defence Forces in many cases are at variance with some principles followed by the Sixth Pay Commission.”

Further, vide Para 41 of its Report, the Committee recommended that

“In the circumstances, the Committee recommends that the pay related issues may be specifically referred to the next Pay Commission for its consideration as the Pay Commission is the expert body set up for this purpose which can examine these issues in a holistic manner.”

4. The Government has accepted the above recommendations of the Committee on pay related issues. Accordingly, the above five issues related to serving defence personnel are referred to 7^th CPC for its consideration.

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

25.08.14

(Pradeep Kumar)

Director (AG-I)

2301 4036

Secretary, 7^th Central Pay Commission, Post Box No. 4599, Hauz Khas PO, New Delhi – 110 016

MoD ID No. 22(4)/2012-D(Pay/Services) dated 25^th August 2014

Encl: as above

Copy to: -

1. Ministry of Finance (Deptt of Expenditure)

2. Cabinet Secretariat

3. Prime Minister’s Office

4. AFPCC

5. D (PCC) MoD

* * * * *

Most Immediate

Government of India

Ministry of Defence

No. 22(4)/2012-D(Pa/Services) New Delhi, 04^th July 2014

Office Memorandum

Subject: Decision on the recommendations of Cabinet Secretary Committee on pay related issues of Defence Services Personnel

The undersigned is directed to say that on the directions of the Hon’ble Prime Minister, a Committee under the chairmanship of Cabinet Secretary to look into certain pay and pension related issues of serving and retired Defence Services Personnel was set up by the Cabinet Secretariat in July 2012. The issues placed before the Committee were as under:

(i) Defence Services Personnel

(a) Common pay scales for in-service JCOs/ORs

(b) Initial pay fixation of Lt Col/Col and Brig/equivalent

(d) Placing of all Lt Gens in HAG+ scale, and

(e) Grant of Non-Functional Upgradation (NFU) to Armed Forces personnel

(ii) Ex-servicemen

(a) One Rank One Pension

(b) Enhancement of Family Pension

(d) Family pension to mentally/physically challenged children of Armed Forces personnel on marriage

2. The Committee submitted its report in August 2012. All the recommendations of the Cabinet Secretary Committee related to Ex-servicemen have already been implemented.

3. In respect of issues related to serving Service Personnel, the Committee vide Para 39 of its Report noted that

Vide Para 41 of its Report, the Committee recommended that

4. Government has accepted the above recommendations of the Cabinet Secretary Committee on pay related issues.

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

(Pradeep Kumar)

Director (AG-I)

2301 4036

Prime Minister’s Office

(w.r.t. their communication No. 270/3/3/2009.E.S.I Vol.5 dated 25.7.2013)

Cabinet Secretariat

(w.r.t. their communication No. 213/2/3/2012 CA.IV dated 16.7.2013)

Ministry of Finance (Department of Expenditure)

(w.r.t. their communication No. 94473/14/E.III(A) dated 30.6.2014

Copy to: - Director, TRIPAS for taking further necessary action in the matter. A copy of the Report of the Committee is also enclosed.

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

(Pradeep Kumar)

Director (AG-I)

2301 4036

Sd/------4/7/14

Friday, 5 September 2014

Armed Forces Deny Rumours spread by Fifth Columnists against 7 CPC & Armed Forces

Broadcast List Message: Army Clarifies malicious reports against the 7^th Pay Commission

ADGPI – Indian Army: 7^TH CENTRAL PAY COMMISSION VISITS ARMY IN LADAKH.

We have noticed a number of malicious and ill-informed comments being circulated on Social Media with regard to the visit of Justice Mathur, Chairman, 7^th Central Pay Commission and other members of the Commission to Ladakh.

The Army wishes to clarify that Justice Mathur, Chairman 7^th Central Pay Commission and other members of the Commission are taking out very valuable time from their busy schedule to visit forward areas where our soldiers are serving in extremely difficult terrain, at our request.

Justice Mathur and members of the Commission would be visiting the Northern Glacier (Siachen), Kargil, Mushkoh Valley, Chusul apart from Leh, where they would be staying with various Army detachments.

We are grateful to the 7^th Pay Commission Team for personally experiencing the difficulties being faced by the Army deployed in Ladakh.

Courtesy: Air Force Pay Commission Cell

* * * * *

Monday, 1 September 2014

Joining the 100 Days Bandwagon of Analysis

More than 100 days of a Commitment made to Armed Forces vis-à-vis Implementation of OROP

“Commitment is as an act, not just a word.”

- Jean Paul Sartre

------------------

Hegel has often, even repeatedly been quoted that, “We learn from history that we never learn from history.”

I will confine myself to the raison d'être for this article i.e. One Rank One Pension and the commitments expressed by the BJP before and after it formed a Government, a chronology of which is as follows and then the extant situation: -

15 Sep 2013: From Text of Shri Narendra Modi’s speech at Ex- Servicemen’s Rally, Rewari

“……..We have been hearing about one rank, one pension since many years, what is the problem..? Today I publicly demand from the Government of India on behalf of the army men and ex-service men of this country, to publish a white paper on the status of ‘one rank, one pension’ scheme. And Friends, I am sure that if in 2004, Vajpayee Ji would have formed government, then today this problem of one rank one pension would not have been complicated..! Friends, people would have sat together and Atal Ji would have found a solution to this problem, and would have given our former servicemen lives with pride and honour……”

Source: http://www.narendramodi.in/full-text-of-shri-narendra-modis-speech-at-ex-servicemens-rally-rewari/

23 Feb 2014: Cong playing fraud with armed forces: Modi on 'One Rank One Pension'

Ludhiana: Slamming the "delay" by UPA in granting 'one-rank, one-pension' for ex-servicemen, Narendra Modi today accused Congress of playing "fraud" with the armed forces

Source: http://www.firstpost.com/politics/cong-playing-a-farce-with-armed-forces-modi-on-one-rank-one-pension

21 April 2014: Congress has bluffed on 'one rank, one pension': Arun Jaitley

“The Congress has repeatedly "bluffed" ex-servicemen on the issue of "one rank, one pension", senior BJP leader Arun Jaitley said on Monday.

"As the election campaign proceeds, I have come across hundreds of ex-servicemen living across the country. They served India through its crisis. All of them are concerned with the issue of 'one rank, one pension' which has been a long-standing demand of ex-servicemen," Jaitley said in his blog.

"The BJP has included the 'one rank, one pension' issue as part of its manifesto. We are committed to implement this. The Congress has been repeatedly bluffing ex-servicemen on this issue," he said. Jaitley said the demand was accepted by the government a few years ago. "Subsequently, we found the acceptance was only with respect to a very miniscule category and not all ex-servicemen."

"This year again, in the budget speech, the finance minister announced the acceptance of this demand. However, again the ex-servicemen have been bluffed. No notification has been issued to give enforcement effect to this demand," the blog said.

The senior BJP leader also blamed Defence Minister A. K. Antony of not taking proper decisions…..”

Source: http://www.dnaindia.com/india/report-congress-has-bluffed-on-one-rank-one-pension-arun-jaitley-1980562

April 29, 2014: Congress has misled Servicemen over One Rank One Pension: Narendra Modi in Mandi

“…….He also talked about vacancies in the army not filled and youth being unemployed. Congress fooling people about ‘One Rank One Pension’ was also brought up by Mr. Modi.”

Source: http://www.india272.com/2014/04/29/mandi/

14 June, 2014: PM dedicates INS Vikramaditya to the Nation

“……Shri Modi said that the spirit of the nation’s leadership was as important for a strong nation as the armed forces. He announced that the Government has decided to construct a National War Memorial to salute the courage of the brave martyrs who have sacrificed their lives for the motherland. The Prime Minister said the Government is committed to implementing the “One Rank, One Pension scheme……” (emphasis supplied).

Source: http://www.narendramodi.in/pm-dedicates-ins-vikramaditya-to-the-nation/

The Last Word: Is One Rank One Pension announcement short of demand?

Source: http://ibnlive.in.com/shows/The+Last+Word/295176.html

22 July, 2014: On pensions, it is rank injustice

The euphoria generated by Narendra Modi’s election promise of One Rank One Pension is fast dissipating

DISILLUSIONED: Between 2009 and 2011, some 22,000 medals were returned by ex-servicemen and war widows to the President in protest against non-implementation of OROP.

With Finance and Defence Minister Arun Jaitley setting aside only Rs. 1000 crore for One Rank One Pension (OROP), there is disquiet within the defence fraternity combined with apprehension that Prime Minister Narendra Modi’s pre-election commitment to give soldiers this long-pending entitlement may perhaps be diluted yet again.

“We reaffirm our commitment to our brave soldiers. A policy of One Rank One Pension has been adopted by the government to address pension disparities. We propose to set aside a further sum of Rs. 1,000 crore to meet the year’s requirement,” Mr. Jaitley said in his budget speech. He followed it up with a meeting on June 12 that was attended by three service chiefs, officers from the defence service headquarters, top officials from Defence Accounts and the Department of Ex-Servicemen Welfare (DESW) under the Ministry of Defence (MoD), and representatives of four major ex-servicemen organisations to deliberate on the modalities. The meeting ended in an impasse as differences over the very definition of OROP and the consequent impact on payment of pensions emerged between the departments of the MoD on the one side and the service headquarters and military veterans on the other.”

Source: http://www.thehindu.com/todays-paper/tp-opinion/on-pensions-it-is-rank-injustice/article6235303.ece

* * * * *

There is one stark difference between One Rank One Pension and two other contentious issues of deduction of Rank Pay for re-fixation of pay scales & Non-Functional Upgradation.

Rank Pay was a recommendation of the Pay Commission accepted by the Government and assured by another Prime Minister, who was assassinated (in 1991) before Maj Dhanapalan filed his case (in 1996). MoD manipulated the recommendations and Govt Resolution as can be inferred from Notes on MoD file No. B/25511/AKDP/AG/PS-3(a) and replies thereon to DOP&T and MoF, Deptt of Expenditure.

The Courts’ orders restoring the deduction of Rank Pay, the Ld Attorney General’s opinions based on a narrative of skilful verisimilitude and now the impleadment of the incumbent Defence Secretary and Controller General of Defence Accounts for alleged contempt are witness to the manner and method of alleged manipulation.

Non-Functional Upgradation is a scheme of “Of the Bureaucrats, For the Bureaucrats, by the Bureaucrats” (with apologies to President Abraham Lincoln and his Gettysburg Address).

Chairman of the 7^th CPC is reported to have been informed in the presentation on 28 Aug 14 that MoD informed Service HQ that NFU for Armed Forces officers is not implementable because they are Commissioned officers and not organised Class A officers.

Will the Armed Forces need associations like the IAS Officers Association and IPS Officers Association to be recognised as organised? This is not possible because the Army, Navy and Air Force Acts prohibit forming associations and the MoD is misusing that prohibition.

However, One Rank One Pension and more importantly speedier implementation was promised by no less than two of the most important leading lights of the BJP majority-led NDA Government, the Honourable Prime Minister or Pradhan Sevak as he has called himself from the ramparts of Red Fort and Shri Arun Jaitely, the Honourable Finance Minister-cum-Defence Minister (excerpts from a few of the very many speeches, promises and commitments are given at the beginning of this piece.)

In February 2014, the much reviled UPA Govt announced setting aside Rs 500 crore for implementation of OROP in the Vote on Account/Interim Budget. With an uncharacteristic alacrity seen nowhere else in the MoD, A K Antony called a meeting of all stakeholders and set the definition of OROP with a week.

Then, when things did not move speedily enough, he constituted the Joint Working Group (JWG) with modalities set for the CGDA as Chairperson, and in consultation with the Armed Forces, to implement the OROP within three weeks. A few meetings took place till 12 Jun 14 when the JWG made a presentation to the RM-cum-FM and, things ground to a deafening halt though the new Defence-cum-Finance Minister issued instructions to come up with a solution. Three months have passed.

OROP, in other words, is the commitment made by then PM candidate and now Honourable PM/Pradhan Sevak, and also by then BJP candidate from Amritsar and now Honourable Finance-cum-Defence Minister.

So, what is holding up the implementation of OROP? How is the CGDA ignoring orders of the RM? Is there some other reason or order or authority from whom CGDA derives the strength to delay the implementation?

In the feverish analysis of the 100 days of the PM/Pradhan Sevak led Govt, are Ex-Servicemen once again being consigned to margins of the Nation that they give their lives to protect, by yet another denial of a commitment?

* * * * *