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 8th September 2014 received on 15th September 2014

No. 35 (1)/2013/D (Pay/Services)
Government of India
Ministry of Defence
New Delhi, the 8th September, 2014

To

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 7th CPC. In this connection, copies of MoD letters No. 22 (4)/2012-D (Pay/Services) dated 4th July 2014 and 25th 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

                    (c)      Review and enhancement of Grade Pay

                    (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

                    (c)      Dual 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 7th CPC for its consideration. 

Sd/-------------------
25.08.14
(Pradeep Kumar)
Director (AG-I)
2301 4036
Secretary, 7th Central Pay Commission, Post Box No. 4599, Hauz Khas PO, New Delhi – 110 016

MoD ID No. 22(4)/2012-D(Pay/Services) dated 25th 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, 04th 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

                    (c)      Review and enhancement of Grade Pay

                    (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

                    (c)      Dual 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

“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.”

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.       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

2 comments:

  1. Dear All,
    May be out of context but the mother of all litigation, the Rank Pay case, Contempt Petition (Civil) 328/2013 has been listed on 08 Oct 14 coinciding with AF Day. But the present CJI is retiring on 27 Sep 14. Whether it is going to be good for us or a negative news for all of us, only the first hearing by the new CJI Dattu would say it all on that day. Anyway all the best to the RDOA team and all of us here !

    ReplyDelete
    Replies
    1. Sir,

      Justices Thakur and Anil R Dave were on the Bench with then Justice Lodha (now CJI) when IA No. 9 of 2010 in TP (C) No. 56 of 2007 was disposed off on 04 Sep 12.

      Then with Justice (now CJI) R M Lodha, on 2 or 3 judges Bench there have been Justices Madan B Lokur, Shiva Kirti Singh, N V Ramana, Kurian Joseph and finally R F Nariman.


      My understanding is that for continuity, the CJI and Registry may consider any of them on the Bench with him or heading a Bench of being part of a 2 or 3 Judge Bench which has been hearing the Contempt Petition so far.

      Delete