Wednesday, 8 April 2015
Court Battle for Pension Parity - Majors
Dear Pre-Dec 2004 retiree Majors/Equivalents,
A court case is being planned to be filed in AFT Delhi as per the attached brief. Approximate expenditure for the same is likely to be around 5000 to 7000 per head. This case is not related to OROP which is applicable from Apr 14. However we will wait for OROP till April end before starting action. Majors/equivalents willing to join the suggested case may contact the following:
Major S K Jain - firstname.lastname@example.org
Major Gurdeep Samra - email@example.com
Brief - Parity of Pension between Majors and Lt Cols (TS) based on the principle of 'Equal Pay for Equal Work'
With the implementation of 6CPC report from 01 Jan 2006, following anomalies took place with regard to the pension of pre-Dec 2004 retiree Majors:
· All pre-Dec 2004 retiree Majors have been paid a pension of Rs. 14100/- (maximum pension for 28 years or more service) from 01 Jan 06 to 23 Sep 12 as per Annexure-II of MoD letter No. 17(4)/2008(1)/D(Pen/Policy) dated 11 Nov 08. Whereas post-Jan 2006 retiree Hony Lieuts have been paid a pension of Rs. 15465/- and Hony Capts have been paid a pension of Rs. 16145/- for the same period.
· All pre-Dec 2004 retiree Majors have been paid a pension of Rs.18205/-wef 24 Sep 12 to 31 Mar 14. This pension has been calculated based on the pay of Majors with 6 years of service thereby bringing all pre-2004 retiree Majors having more than 20 years of service, to the level of 6 years.
Supreme Court has already held that:
· The principle of ‘equal pay for equal work’ is to be read into the fundamental rights as a matter of interpretation.
· Pension is a ‘deferred portion of the compensation’.
Equivalency between Majors and Lt Cols (TS)
· The rank of Lt Col (TS) was in existence up to 16 Dec 2004.This ranks was abolished consequent to introduction of a new promotion policy vide which promotion up to the rank of Lt Col was made applicable to all officers on completion of 13 years commissioned service.
· No separate authorized strength was ever sanctioned for the rank of Lt Cols (TS). All Lt Cols (TS) used to be held against the authorized strength of Majors. Accordingly, all Lt Cols (TS) used to be posted against the vacancies of Majors. Officers of these two ranks were even posted inter-changeably.
· The concept of ‘Rank Pay’ was in existence from 01 Jan 86 to 31 Dec 05 wherein officers were granted Rank Pay commensurate to their ranks. Lt Cols (TS) and Majors have always been paid the same rank pay up to 16 Dec 04 when the rank of Lt Col (TS) was abolished.
· There is a judgment of High Court of Delhi which has held that Lt Col (TS) is not a separate cadre distinct from Major.
· Under the principle of ‘Equal Pay for Equal Work’ Majors and Lt Cols (TS) should get equal pension because they have always performed equal work.