Thursday, 17 March 2016

Exposing Yet another Falsehood

 Forwarded e-mail:

FYI - Do not still believe this, sharing just in case some one else has heard this statement and shared with you so that it can be passed on to concerned people

Begin forwarded message:
From: MG Kapoor <>
Date: 16 March 2016 6:52:26 pm IST
To: Vijay <>
Subject: Re: What I had analysed and predicted seems coming true.
Dear Vijay,

I am copying a message received from my friend Brig SC Marwaha, which I am pasting below.

"I got a mail that the RM had visited Wellington yesterday and to a specific question whether the 7 CPC implementation will cover the OROP revision from 01 Jan 2016, he said that the 7 CPC will not be implemented for veterans. The next revision will only be in 2019."

If you recollect I had analysed and predicted it so but you had disagreed.



Sent from my iPhone

The Facts & Truth

I place the following data for your kind consideration. You may wish to share it, if you deem fit.
RM did not visit Staff College recently. I spoke with my course-mate AVM Gurunathan (retd) who resides in Wellington, and he confirmed that the RM's visit was some months ago.
To re-confirm, I called up a very senior Directing Staff in DSSC and found out that RM did not visit DSSC in the past couple of months. He also said that RM did not have any meeting with Veterans nor did any one else ask about whether 7th CPC would be effective in 2019 for those drawing OROP.
Therefore, this is yet another misinformation by chronic instigators (just like those that shouted out from roof tops that 3rd CPC did us in after the 1971 War.)
Look at this chronology
1. On 5th September 2015, the RM announced the implementation of OROP.
2. On 8th September 2015, the Govt announced by a Gazette of India notification that the tenure of the 7 CPC is extended to 31 Dec 2015.
3. On 09 Nov 2015, the MoD issued the implementation order for OROP.
4. On 19 Nov 2015, the 7 CPC submitted its report & recommendations.
5. On 03 Feb 2016, MoD issued the OROP tables and instructions to PDAs' to pay the first instalment of 4 half-yearly installments to pensioners other than family pensioners, pensioners with disability and Gallantry award and War pensioners who would be paid full arrears.
Keeping the above chronology in mind, let us read the 7 CPC Report.
A. At Para 4.2.13 and 5.1.43 the CPC has recommended 1.1.2016 as the date of implementation.
B. At Para 5.2.7, CPC states, inter alia, "at the time of implementation of the new pay as on 01.01.2016," and
 C. At Para 10.1.67, the CPC states "The Commission recommends a revised pension formulation for civil employees including CAPF and Defence Forces who retired before 1.1.2016 (expected date of implementation of 7 CPC recommendations).... (emphasis supplied).

Further, from Defence Service Regulations, Army Pension Regulations, 2008

9. (a) In circumstances to be determined by the competent authority or as may be specified in these Regulations, the pension including the commuted value thereof which
has not been paid or gratuity to be granted to an individual, or any portion of it, may be withheld, suspended or discontinued. In exceptional cases payment of part or whole of the
pension, allowance or gratuity withheld or suspended may, by an order of the competent authority be made to the wife or other dependant(s) of the pensioner.

(b) This Regulation may be invoked under the following circumstances (emphasis supplied) -

(i) Offences against the State during the period of service, including service rendered upon re-employment after retirement, as listed in Chapter-VI of the Indian Penal Code. Relevant provisions of the Indian Penal Code are reproduced below -

(1) Waging or attempting to wage war or abetting waging of war against the Government of India;

(2) Conspiracy to commit offence punishable by section 121 I.P.C.

(3) Collecting arms etc. with intention of waging war against the Government of India.

(4) Concealing with intent to facilitate design to wage war.

(5) Assaulting President, Governor etc. with intent to compel or restrain the exercise of any lawful power.

(6) Sedition.

(7) Waging war against any Asiatic power in alliance with the Government of India.

(8) Committing depredation on territories of powers at peace with the Government of India.

(9) Receiving property taken by war or depredation mentioned in sections 125 and 126 Indian Penal Code.

(10) Public servant voluntarily allowing prisoner of State of war to escape.

(11) Public servant negligently allowing such prisoner to escape.

(12) Aiding escape of, rescuing or harbouring such prisoner.

(ii) Other serious crimes under Indian Penal Code, Official Secrets Act or any other special law of the land and grave misconduct; as defined in Notes to Regulation 8 of these Regulations.

(iii) To recover the whole or part of any pecuniary loss caused to the Government in cases where in any departmental or judicial proceedings, the pensioner/individual is found guilty of misconduct or negligence committed during the period of service including service rendered on re-employment after
retirement/discharge, leading to the said loss;

(iv)Unauthorized by continuing to occupy the residential accommodation including hired one provided by the Government;

(v) When a report is received after sanctioning the pension, that departmental or judicial proceedings (for the offences committed while in service or during the period of re-employment) are in progress against the individual;

(vi)When an individual obtains re-employment after retirement without obtaining prior permission of the competent authority where required; and,

(vii) Any other circumstances considered special by the Central Government.

Satyam Ev Jayate


  1. Now rumours got wings it seems. We do have many speculators spreading rumours. It had grown more in this age of Internet and is not healthy sign.

  2. Take everything with a pinch of salt

  3. Will Brig.S.C.Marwaha kindly clarify from where he got this information ?

  4. The following questions arise from CPC recommendations :
    Para 10.2.87 (i) of the recommendations mentions “Pay Band and Grade Pay” as a means of first “fixing” at minimum level in the 7 CPC matrix for calculating notional pay of pre 01 Jan 2016 defence retirees. But retirees of pre 01 Jan 2006 era only had a pay-scale and no grade pay to identify with the “levels” of the 7 CPC matrix. How will pre 01 Jan 2006 retirees fix their notional pay in the matrix as Grade Pay and Pay-Bands were introduced only after 01 Jan 2006 by VI CPC?
    Then, the same para goes on to recommend that a retiree should add the number of increments “earned” in that level for arriving at the notional pay. Does that mean the increments actually granted or the number of increments from the last pay drawn counting back to the lowest stage of the pay-scale in which a pre 01 Jan 2006 retiree retired?
    Para 10.2.86 (ii) of the 7 CPC recommendations provides an alternate calculation, viz., of multiplying by 2.57 the pension fixed at time of implementation of VI CPC. But pensioners are already drawing OROP pension with DR at 125%. Thus 2.25 X OROP pension presently being drawn is likely to be higher than the 2.57 X VI CPC pension recommended by 7 CPC. Does that mean 7 CPC will provide a negligible increase, if any, in pensions of defence retirees?
    To take an example, if five increments plus two stagnation increments actually earned by a Lt Col (or equivalent) who retired with, say, 28 to 30 years of service in August 2004 are put in the matrix at “index” of 7, his notional pay will correspond to a Lt Col of post 01 Jan 2006/01 Jan 2016 era with 13+7=20 years of service i.e. 10 years less than the 2004 Lt Col. Even if the Aug 2004 Lt Col retiree is eligible to count total increments on the pay-scale of 13500-400-17100 down from his last pay (with stagnation increments) of 17900/-, the number of increments comes to 12. If that is put in the matrix, in level 12-A, the Lt Col’s notional pay would be fixed at index 12 which corresponds to a current Lt Col with 13+12=25 years of service, which will be about 4 to 5 years less than the actual service put in by the 2004 retiree. Does the 7 CPC intend to do away with the “equal service” clause of OROP in this fashion?

    It may be fitting for services HQs and veterans associations to take up these specific issues for rationalization.

    1. Sir,
      If we hark back to what happened in the days after March 2008, we transitioned from 5th CPC (Pay scale + MSP + DA) to 6th CPC (Pay in the Pay Band + one increment + Grade Pay + MSP)for serving personnel. 50% of that was the pension for retirees in the 6th CPC. But enhanced/modified pension (initially from 24 Sep 2012, later 1.1.2006 – Circulars 500 & 501, later 548 & 547 respectively)is what was given to pensioners.

      A similar exercise may be expected now, with one variation.

      After 03 Feb 2016 (vide Circular 555), all pre 1.1.2006 pensioners have been brought to the (average) Pension of similar ranked and similar QS personnel who retired in the 6th CPC regime.

      In simpler words, all pre 6th CPC pensioners are now in the 6th CPC regime of 50% of Pay Band + Grade Pay + MSP of officers retiring in the 6th CPC regime but with one exception - the pro-rata reduction in pension for QS lesser than 33 years.

      Consequent to the DP & PW letter of 06 Apr 2016 and the removal of pro-rata deduction of service lesser than 33 years, a new Circular will have to be issued. The amount of pension has to be based on 50% of the last pay drawn without any pro-rata deduction i.e. what is applicable to a similarly situated officer retiring in the 6th CPC regime.

      In simpler words, depending on what the Govt approves, it may be amount in Pension of Circular 555 appropriate to QS, corrected by adding back the pro-rata deduction if any (Pension Circular 5xx) to bring the pension up to 50% of the total emoluments last drawn with + DA/DR x Rationalisation factor.

      Example: - 50% of last drawn total emoluments without pro-rata deduction = Rs 10000 + DR of Rs 12500= Rs 22500 x Rationalisation factor.