Wednesday 13 January 2016

Latest on Pension 33 years or 20 years - Information on Implementation order in M.O. Inasu case

                                          Online RTI Status Form

Registration Number: DP&PW/A/2015/60046
Name: S. Y. Savur
Date of Filing: 20/12/2015
Request filed with Department of Pensions & Pensioners Welfare


Status APPEAL DISPOSED OF as on 12/01/2016


Reply :- Dear Sir


Under the RTI Act the CPIO is required to provide only the information which is available with him/her in the material form. The order of Hon'ble CAT in O. A. No.715/2012 had been implemented in respect of the petitioners in that O.A. even before the dismissal of the Review Petition by Hon'ble Supreme Court. 

The question of implementation of the orders in respect of Pre-2006 pensioners has been under consideration in consultation with the concerned Ministries/ Departments i.e. Ministry of Law, Department of Legal Affairs and Ministry of Finance, Department of Expenditure and the file has been referred to Department of Legal Affairs on 30.12.2015. 

Thus the information given by the CPIO was correct.

In case you are not satisfied with this order, you may appeal against the decision to the Central Information Commission within 90 days, as per the RTI Act.


Harjit Singh
Deputy Secretary & Appellate Authority
Tel: 24624752

Friday 8 January 2016

Part IV - Comments of MoD on Additional Issues by 7th CPC



F No. 22/6/2015 – D (PCC)
Ministry of Defence
D – Pay Commission Cell

Room No. 215, B Wing, Sena Bhawan
New Delhi, Dated 24th June 2015

Subject: Comments/clarifications on the issues raised by Associations/Federations representing Defence Civilian Employees of Indian Army and Indian Navy

Reference Secretary’s DO letter No. 7CPC/182/MoD (Army)/2015 dated 13th May 2015 on the above subject.

2.      Comments on the six issues raised in the main letter are enclosed. As regards information in respect of the Annexures attached with the letter, the same is being compiled and will be sent shortly.  
     Sd/-------------
(R Pandyan)
Deputy Secretary (PCC+MIS)
Tele: 2301 3416
Sh D K Rai, Director
7th Central Pay Commission
Chhatrapati Shivaji Bhawan
B-14/A, Qutub Institutional Area
New Delhi – 110 016

COMMENTS ON ISSUES RAISED IN
                              D. O. LETTER DATED 13TH MAY, 2015      

Para No.
ISSUES
MoD COMMENT
3
Through one of the proposals in the JSM, the Services have sought the upgradation of posts of eight, five and three Principal Staff Officers (PSOs) in the Army, Air Force and Navy respectively to the Apex level. The Services have contended that PSOs head independent verticals of operations, human resource management, logistics, training, policy systems and are responsible for conceiving, planning, and executing policies that are crucial for shaping the future of the three Services on these issues. Ministry of Defence may like to furnish its considered views with regard to the upgradation request.
The logic given in JSM in para 4.2.70 is number of years taken for IAS and IPS to get apex level and Defence Services officers to get to the same level. They have also raised the point of percentage of officers reaching these levels. The Services within armed forces have totally different service conditions, promotion and retirement rules vis-à-vis that in the civil organisations and civil services like IAS and IPS. Hence the logic given in JSM does not hold for upgrading the posts of PSOs to the Apex level on the basis of other civil services. Another reason cited in Para 4.2.71 and 4.2.72 is that PSOs head independent verticals of Operations as well as advisors to the Service Chiefs which is similar to the work of Secretary. The role of Secretary to the Government of India is very different than the role of PSOs to Service Chiefs and they cannot be compared.

Moreover, at present there are 7 Army Commander posts in the Apex level and the Vice Chief (total eight) posts (equivalent to Secretary to Government of India) in the Army, 7 (seven) in Air Force and 5 (five) in Navy. Besides three more posts each for Army, Air Force and Navy are available in the joint Command. This has created administrative difficulties in smooth functioning of Ministry of defence as there are too many officers at the same rank and proper command, control and administrative structures have got diluted.

Further, the upgradation of the post should be based on functional requirement and can be considered separately by the Ministry on its own merit.

In the light of above, MoD does not  support the proposal given by JSM regarding upgradation of posts of PSOs in Army, Air Force and Navy to the Apex level.  
4
The Services have pointed out that pay upgradation of Artisans has been effected by the Ministry of Defence in June 2014 whereby revised scales as per Annex ‘C’ have been introduced. The Services are of the view that Sergeant and equivalent of both Group ‘X’ and ‘Y’ have traditionally drawn higher pay than Master Craftsman. Hence the unilateral upgradation of Master Craftsman over Sergeant and above has created an anomaly. Ministry of Defence may like to apprise the Commission of its views in the matter.
The revised pay structure as shown in Annex ‘C’ was granted to the Artisan staff in June 2010 and not June 2014. The existing Grade Pay structure shown in Annex ‘C’ is also not correct.

Background

Prior to 6th CPC, the post of Master Craftsman (MCM) in all the Government organisations, except Ministry of Railways, was in the scale of Rs 4500-7000 (revised PB-1, GP Rs 2800/-). In the Ministry of Railways the post of MCM was in the pay scale of Rs 5000-8000 (revised PB-2, GP 4200/-) even though its promotional post of Chargeman was also in the identical scale. As such there was demand from the artisan staff of the Defence Establishments for parity with the Railways.

6th CPC has recommended future placement of the post of MCM in PB-1 with GP of Rs 2800 in all Government Workshops and merger of MCM of Railways in the pay scale of Rs 5000-8000 with Chargeman.

However, recommendation of the 6th CPC on Master Craftsman was referred by the Government to a Fast Track Committee. On the basis of the recommendation of the Fast Track Committee, the post of MCM in Defence Establishments was placed in PB-2 with GP of Rs 4200/- and the artisan staff in the MoD establishments was re-organised as under: -

Cadre and pay structure prior to 6th CPC
Cadre and pay structure post 6th CPC
Post
Pay Structure
Post
Pay Structure
Skilled
Grade
Rs 3050-4950
Skilled
Grade
PB-1, GP Rs 1900
Highly Skilled Grade*
Rs 4000-6000
Highly skilled grade –II
PB-1, GP Rs 2400
Highly skilled grade I
PB-1, GP Rs 2800
Master Craftsman
Rs 4500-7000
Master Craftsman
PB-2, GP Rs 4200
* Post 6th CPC, the posts of Highly Skilled Grade were bifurcated into Highly Skilled Grade II and Highly Skilled Grade I in the ratio 50:50
    
Examination of the present demand of the Services

Upgradation of Master Craftsman (MCM) over Sergeant and above: - This point was earlier raised by the Services. They had recommended enhanced grade pay in respect of JCOs/ORs (Havildar/equiv – 4200, Nb Sub/equiv – 4600, Subedar/equiv – 4800 and Subedar Major/equiv – 5400) on the ground that certain percentage of UDCs have been placed in Grade Pay of Rs 4200/- and the Grade Pay of MCM has been revised to Rs 4200/- The matter was examined in consultation with Defence (Finance) and proposal of the Services was not agreed to on the ground that increase of Pay/Grade Pay in respect of one set of employees cannot be cited as basis for the similar increase in Pay/Grade Pay for other employees especially where the conditions of services rendered are entirely different and the services, functions and duties are not comparable. Moreover there cannot be a comparison between services rendered by civilian employees and the service rendered by the Armed Forces. In many cases Armed Forces may be getting more pay scale/grade pay or a higher Pay Band which cannot be a criteria for upgradation of Pay Band/Grade Pay of civilian officers. This point, alongwith other pay related issues was also considered by a Committee headed by Cabinet Secretary. 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. The matter has been referred to 7th CPC on 25.08.2014.
5
The number of defence forces personnel retiring every year is quite large – around 80, 000. Of these a significant percentage are under the age of 40. The policy/approach of Ministry regarding possibility of re-employment of Ex-Servicemen in Non-core activities of Defence Forces, Defence civilian cadres, Civilian organisations, and DPSU of MoD may be shared with the Pay Commission
Policy of Employment of ESM in Non-Core Sectors: As per existing government policy there is a horizontal reservation for ESM in various Central Government Departments as per details below. However, reservations for ESM in these sector are also as per existing policy. Defence forces are the only users of the out-put of the Non-Core activities.

Existing reservation:

S No.
Organisation
Reservation
(a)
Central Government/Ministries/department including Railways
(a) Group ‘C’ – 10%
(b) Group D – 20%*
(b)
Central Para Military Forces
Upto Asst Commandant – 10%
(c)
CPSUs and Banks
(a) Group C – 14.5%
(b) Group D – 24.5*

*Group D has been abolished after 6th CPC.
6
 As regards resettlement of Ex-Servicemen, the Commission may be apprised on initiatives taken by DGR for resettlement of PBORs, particularly NCOs and officers, in particular Short Service Commissioned (SSC) officers. Data regarding re-employment of PBORs and Officers by Central, State Government and Private Sectors in the last few years may also be shared with the Commission. Initiatives regarding skill upgradation of PBORs especially NCOs and Officers in particular SSC Officers to make them more employable in private sector may be shared with the Commission.
Data Regarding Employment

(a) Central Government: DGR has been designated as the nodal agency for reservation monitoring in August 2014. While DGR has sought data from all Government agencies, however, only 33% have responded. The details of ESM employed based on existing reservation policy is given at Appendix ‘A.’    

(b) State Government: The existing reservation policy of various states is given at Appendix ‘B.’ While there is no data available on what is the actual status of employment of ESM, however, data obtained from various Rajya Sainik Boards is given at Appendix ‘C.’ Out of a total of 4, 45, 822 ESM registered in these States, only 4,466 are employed by the State Government departments/State PSUs.

(c) DGR: The details of employment and training through DGR for the last three years as per the data available with DGR are as follows: -

Details
2012
2013
2014
Officers
Placed
566
511
474
JCO/OR placed
1170
1732
2649
Security agencies registered
160
315
380
Security agency guards (contractual)
37162
39018
23495
ESM employed in coal companies
68
30
96
Widows/Disabled ESM attached in ESM Coal companies
78
51
36
Management of CNG in NCR
26
15
62
COCO Scheme (For BPCL/
IOCL)
380
609
499 (149)
Issue of eligibility Certificates for allotment of Oil Product agencies
148
149
65
Mother Dairy Milk booth/Safal Booth
140
270
211
Gopaljee Dairy/Farm Fresh
-
58
05
Total
39898
42758
27972

(ii) Training: DGR conducts resettlement training from 15 days to six months for all ranks. The subjects chosen are based on the demand of the industry and environment. The number of personnel provided training for past few years is as follows:  

Category
2012-13
2013-14
2014-15 till 31st Dec 14
Officers
748
562
517
JCOs/ORs
20730
21991
22887
ESM
155
155
41
Total
21633
22708
23445

(d) Defence Security Corps (DSC): In addition to the above, a large number of ESM are employed in the DSC. Details of fresh recruitment in each of the last three years is as follows:

     (i) 2012 – 4220 ESM

     (ii) 2013 – 4901 ESM

     (iii) 2014 – 4498 ESM

2. Recent Initiatives

(a) Reservation in MoD Controlled Organisations like DRDO, DGQA and Def PSUs. Department of Defence Production (DDP) has issued instructions to all the Defence PSUs and Ordnance Factories to impart proper training to the Ex-Servicemen which may help them in building the necessary skill sets so that such trained ESM may be employed in such organisations against the stipulated percentage of reservation. Accordingly, DGR has been advised to coordinate and compile appropriate lists of probable/suitable candidates retired from Defence indicating their basic data base like their nativity/residential address/contact number etc and have them sent to DDP. DGR is actively pursuing the matter with such organisations.

(b) New Avenues of Employment in Government Sector. DGR had forwarded a concept paper on “Employment of ESM in Nation Building” to the PMO. One of the proposals for employment was to involve ESM in Mission Clean Ganga by raising four Territorial Army (TA) Battalions of ESM on the model of Ecological TA. The proposal is under active consideration. DGR has also forwarded a fresh proposal to raise ESM manned Disaster Management Battalions at the State level. If approved, these too will provide ESM jobs close to home. The model being worked out is the same for Mission Clean Ganga and TA Battalions.

(c) Preparation for Government Job Exam. A proposal is under consideration for conducting a pilot training programme to prepare retiring soldiers and ESM for entrance exams to various Govt/PSUs/Banks/Police Organisations with an aim to ensure that maximum seats reserved for ESM are filled up.

(d) MoU with CII. To enhance opportunities for ESM in the ever growing Corporate sector, an MoU was signed with CII on 19 Sep 14 with the Hon’ble RM gracing the occasion. While some progress has been made, however, the lack of incentive for the industry has resulted in a lack of enthusiasm. To overcome the same, DGR has taken up a case with Hon’ble Finance Minister wherein a proposal has been mooted for tax credits and preference in Government procurements for companies that hire a larger percentage of ESM. If accepted, this will go a long way in motivating the corporates to employ ESM as is the case in some western countries. 

(e) Job Fairs: As part of the MoU with CII, DGR has formalised the structure and methodology for conducting ‘Job Fairs’ to provide a platform where the industry and servicemen can meet and suitable employment provided. There is a proposal to organise four Job Fairs on a regional basis every quarter in consultation with Service Headquarters. The first such fair was conducted on 6-7 May 15 at the NCC Camp at Army Parade Ground, Delhi Cantt. Approximately 3000 ESM and over 100 companies attended the fair. The next fair is being planned in Oct 15 in Mumbai under the Indian Navy.
7
One of the points made in the Addendum to the Joint Services memorandum is that the Grade Pay for Defence Forces Officers be determined by delinking them from ranks and linking them to the length of service. Ministry of Defence may like to furnish its considered views in this regard.
Grade Pay concept is related to rank or position occupied in the hierarchy of the organisation and in Armed Forces it is linked to Command and Control. Therefore, delinking Grade Pay from the Rank  shall result in various problems. Hence, the proposal is not recommended. 
8
The data on field posting of officers (Lt Col/equivalent, Colonel/equivalent, Brigadier/equivalent) in the Services (Annexure D) and posting profile of service personnel in field/peace locations (Annexure E) received vide MoD letter No. 22/5/2014-D (PCC) dated 12.05.2015 appear to be based on varying assumptions. It is requested that the data provided be reviewed with a view to conforming that it is consistent with the classification based on geographical location approved by MoD. To bring out the facts more clearly the data on deployment may be provided as per Annex D and E as enclosed.
Data on field posting of officers and posting profiles of service personnel in filed locations: - The requisite information is being obtained from TRIPAS and the same will be furnished as soon as it is received.

Appendix ‘A’
0515/DGR/RMC dated   Apr 15


Name of organisation
Central Govt Depts
CPSUs
Banks
CPMFs
Total
Total number of organisations/departments
121
252
27
10
-
Returns received from organisation
22
81
29
5
-
Overall strength
Gp B
-
-
-
13379

Gp C
313
284957
161951
638029

Gp D
3
29879
72143
-

ESM authorised
Gp B
-
-
-
1338

Gp C
31
41319
23483
19081

Gp D
3
7320
17675
-

ESM held
Gp B
-
-
-
309

Gp C
11
3363
8450
1658

Gp D
0
559
11256
-

ESM Deficiency
Gp B
-
-
-
1029

Gp C
20
37956
15033
17423

Gp D
1
6761
6419

-
Total No. of vacancies in 2014
Gp B
-
-
-
1456

Gp C
146
3190
25250
9188

Gp D
-
804
8653
-

ESM Authorised vacancy
Gp B
-
-
-
146

Gp C
15
461
3661
919

Gp D
0
197
2120
-

ESM vacancy reserved
Gp B
-
-
-
135

Gp C
3
423
3219
859

Gp D
0
4
1904
-

ESM actually filled
Gp B
-
-
-
1

Gp C
0
48
1330
0

Gp D
0
5
938
-

Shortfall
Gp B
-
-
-
146
146
Gp C
15
415
2331
918
3678
Gp D
-
192
1182
-
1374

Appendix B

Existing Reservation in State Governments

S No.
State/UT
Reservation in State Govt Jobs (%)


Gp A
Gp B
Gp C
Gp D
1
Andhra Pradesh
0
0
2
2
2
Arunachal Pradesh
0
0
10
20
3
Assam
0
0
2
2
4
Bihar
0
0
0
0
5
Chhatisgarh
0
0
10
20
6
Delhi
0
0
10
20
7
Goa
0
0
2
2
8
Gujarat
1
1
10
20
9
Haryana
5
5
14
14
10
Himachal Pradesh
15
15
15
15
11
Jammu and Kashimir
0
0
6
6
12
Jharkhand
0
0
0
0
13
Karnataka
10
10
10
10
14
Kerala
0
0
0
0
15
Madhya Pradesh
0
0
10
20
16
Maharashtra
0
0
15
15
17
Manipur
0
2
3
5
18
Meghalaya
0
0
0
0
19
Mizoram
0
0
10
20
20
Nagaland
0
0
5
5
21
Orissa
0
3
3
3
22
Punjab
13
13
13
13
23
Rajasthan
0
0
12.5
13
24
Sikkim
0
0
2
2
25
Tamil Nadu
0
0
5
10
26
Tripura
0
0
2
2
27
Uttarakhand
8
8
5
5
28
Uttar Pradesh
0
0
5
5
29
West Bengal
0
0
5
10
30
Andaman & Nicobar
0
0
0
0
31
Chandigarh
13
13
13
13
32
Puducherry
0
0
10
20

Appendix C
Zila Sainik Welfare Office-wise Registration of ESM for Employment
& Placement of Ex-Servicemen as on 31 Dec 2014

S No
State/UT
No ESM Registration
Placement of ESM


Previous
New
Total
State Govt
State Govt PSU
Total
1
Andhra Pradesh
13250
375
13625
0
37
56
2
Arunachal Pradesh
94
2
96
19
0
19
3
Assam
32954
875
33829
344
133
522
4
Bihar
33608
1072
34680
0
0
0
5
Chhatisgarh
879
79
958
14
2
16
6
Delhi
13390
2310
15700
530
135
1101
7
Goa
844
14
858
3
1
4
8
Gujarat
3871
446
4317
22
0
22
9
Haryana
24000
901
24901
443
40
541
10
Himachal Pradesh
14151
673
14824
149
0
149
11
Jammu and Kashimir
12943
498
13441
9
2
11
12
Jharkhand
8114
93
8207
0
0
0
13
Karnataka
18655
690
19345
50
0
52
14
Kerala
16436
822
17258
17
36
53
15
Madhya Pradesh
4788
574
5362
31
0
32
16
Maharashtra
20220
1659
21879
932
25
963
17
Manipur
488
124
612
191
9
217
18
Meghalaya
207
23
230
8
0
8
19
Mizoram
1086
39
1125
14
0
14
20
Nagaland
118
40
158
80
0
110
21
Orissa
18231
553
18784
35
50
103
22
Punjab
41825
1623
43448
32
15
111
23
Rajasthan
38308
1453
39761
46
246
292
24
Sikkim
2
9
11
0
0
0
25
Tamil Nadu
11749
1045
12794
75
0
75
26
Tripura
600
22
622
0
0
1
27
Uttarakhand
13383
1433
14816
4
1
8
28
Uttar Pradesh
26728
641
27369
22
76
111
29
West Bengal
50249
1119
51548
287
236
548
30
Andaman & Nicobar
3
5
8
0
0
0
31
Chandigarh
68
24
92
0
25
25
32
Puducherry
330
7
337
0
0
0
33
Telangana
4682
145
4827
40
0
105
RSB Total
426434
19388
445822
3397
1069
4466