Wednesday, 27 July 2016

Some more on the 46 anomalies in 6th CPC - From TRIPAS (Part II)



MOD ID No. 1(5)/2010/D(Pay/Services) datd 7.5.2013

MINUTES OF MEETING HELD ON 25/03/2013 (1100 HRS TO 1300 HRS) TO REVIEW THE STATUS OF DECISIONS TAKEN BY CONCERNED WINGS OF MoD ON THE ISSUES OF PAY AND ALLOWANCES POST VI CPC AS PROJECTED BY TRIPAS

Joint Secretary (E) took a meeting in his office on 25th March 2013 to review the action taken by concerned wings of MoD and the progress made since the last meeting held on the issues of pay and allowances post VI CPC as projected by TRIPAS from time to time. The list of officers who attended the meeting is enclosed as Annexure I.

Item-wise minutes are as under:
ITEM I: Common Pay Scales for In-service PBOR

Dir (AG-I) informed that the views of MoD on the proposals to have one common pay scale for all in-service PBOR of three services who joined prior to 01 Jan 2006 have been submitted to the Cabinet Sectt.

It was decided that since the issue is pending with PMO no action is required to be taken in MoD as this stage.

ITEM II:   Dearness Allowance on Classification Allowance

The issue was reiterated by the Services stating that while no DA is paid on Classification Allowance, it is taken into account for calculating pension. As such the concerned pensioners get Dearness Relief on Classification Allowance.    

As directed by JS (E) in the last meeting, the matter is being examined in consultation with Defence (Finance). They have been reminded on 30.4.2013 to get the proposal for enhancement of Classification Allowance expedited by MoF.

ITEM III: Common Rate of Good Conduct Badge/Good Service Pay

It was brought out by the Services that in view of common pay scales proposed by VI CPC for three Services personnel, there was no rationale to have different rates in the three Services. Director (AG-I) informed that the issue has been rejected by Defence (Finance).   

The issue has been re-examined and Director (TRIPAS) has been asked to offer comments on the observations of Defence (Finance) on 30.4.2013.

ITEM IV: Abolition of Recruits Pay

It was brought out by Service reps that recruits stipend during training period may be abolished and instead full pay be given to recruits during training period.

As the proposal seeks to simplify administrative procedure JS (E) directed for re-examination in consultation with Defence (Finance). The matter has been referred to Defence (Finance) on 30.4.2013.

ITEM V: Initial Pay Fixation of Lt Col, Col and Brig/equivalent

Director (AG-I) informed that the views of MoD on the proposal have been submitted to Cabinet Sectt which examined the matter and submitted its report to the PM.  

It was decided that since the issue is pending with PMO no action is required to be taken by MoD presently.  

ITEM VI: Definition of Rank Pay

It was brought out by Services reps that even though Rank Pay ceased to exist after VI CPC yet, inexplicably, it was re-defined in the SAI/SNI/SAFI issued for implementing VI CPC recommendations. A clear definition is required in light of the recent judgment by Hon’ble Supreme Court in Maj Dhanapalan’s case.   

Director (AG-I) informed that the matter has been referred to Defence (Finance) on 21.3.2013.  

ITEM VII: Uniform Grade Pay

Director (AG-I) informed that the views of MoD on the proposal have been submitted to the Cabinet Sectt which examined the matter and submitted its report to the PM.    

It was decided that since the issue is pending with PMO no action is required to be taken by MoD presently.

ITEM VIII: Placing of all Lt Gens in HAG+ Scale

It was brought out be Services reps that the issue has long term ramifications and needed to be resolved before the VII CPC gets constituted.

The issue stands settled presently as 1/3rd Lt Gen equivalents have been placed in HAG+ scale against the demand of grant of HAG+ scale for 100% Lt Gens and this dispensation was agreed by the Services. The present demand was, however, reconsidered and with the approval of RM it was regretted. Further, this matter also figured as one of the agenda points in the Committee headed by the Cabinet Secretary. MoD has already given its inputs to the Cabinet Sectt.    

It was decided that since the issue is pending with PMO no action is required to be taken by MoD presently.

ITEM IX: Grant of Higher Non-Functional Scale to Gp ‘A’ Services

The Services contend that issue has long term ramifications and it needed to be resolved before the VII CPC gets constituted. The matter was examined in consultation with Defence (Finance) and not agreed to earlier. Further this matter also figured as one of the agenda points in the Committee headed by the Cabinet Secretary. MoD has already given its inputs to the Cabinet Sectt.    

It was decided that since the issue is pending with PMO no action is required to be taken by MoD presently.

ITEM X: Definition of Military Service Pay (MSP)

The Services seek to re-define MSP as the long winding definition in the SAI/SNI/SAFI does not clarify the status of MSP. The demand has already been turned down in consultation with Defence (Finance).    

Director (AG-I) informed that the matter has been reconsidered and was referred to Defence (Finance) on 11.3.2013.  

ITEM XI: OTK Comparison with CPMF

The Services reps brought out that post VI CPC the relevant rates have not increased proportionately as compared to CMPFs. 

The Services were informed that the matter has ben reconsidered in MoD and referred to Defence (Finance) on 8.3.2013 to take up with MoF.

ITEM XII: Special Duty Allowance (North & North-East)

The Services demand grant of Special Duty Allowance at the same rate as admissible to Civilian officials for the Armed Forces personnel serving in North-Eastern region. The proposal was not agreed to.  

Director (AG-I) informed that the matter has again been raised with Defence (Finance) on 13.3.2013 for resolution.

ITEM XIII: Deputation Allowance

The Services stated that the Deputation Allowance for Armed Forces should not be restricted 50% of the rates applicable to civilian officers. The matter was considered by VI CPC but was not agreed to. 

As discussed in the last meeting, the issue has been re-examined. Director (AG-I) informed that the matter was referred to Defence (Finance) on 7.3.2013.    

ITEM XIV: Tribal Area Allowance

The Services sought the grant of Tribal Area Allowance to their personnel posted in certain Tribal Talukas and pockets in certain States.

The proposal was referred to MoF which did not agree. The matter has been closed with the approval of RM on 7.3.2013.   

ITEM XV: Bhutan Compensatory Allowance

The Services demand that the Armed Forces personnel posted to Bhutan be granted Bhutan Compensatory Allowance as the same rate as Foreign Allowance and BCA be linked to UN indices to ensure automatic revision like FA.   

As the matter is sub-judice, it was decided to await the decision of the Court on the matter. As per directions of JS (E) M/o Law & Justice will be requested for an early hearing in the case.    

ITEM XVI: Official Hospitality Grant

The Services pointed out during discussion that while Sumptuary Allowance admissible to Directors and below of civilian training institutions has been increased seven times, Official Hospitality Grant of similarly placed Commandants and below of Services Training Institutions has only been doubled. They have sought similar revision in the rates of OHG.       

Director (AG-I) informed that the Services are yet to provide the information sought by MoF in this regard. They were last reminded on 19.3.2013. The Services agreed to send it shortly.  

ITEM XVII: Stipend to Cadets at NDA and similar Training Academies

It was stated by Services reps that having been selected after their 10+2 exams NDA cadets are not entitled to any emoluments during the three year period at NDA. It was stated by Dir (AG-I) that the issue has already been examined and was not agreed to. 

Director (AG-I) informed that the matter would be put up in the last week of May, 2013 as directed by RM. 

ITEM XVIII: Assured Career Progression (ACP) to JCO and OR

It was stated by Services rep that the present applicability of ACP post VI CPC is on completion of 8, 16 and 24 years of service. It was proposed by Services to reduce the applicability of ACP scheme for PBORs to 8, 14 and 21 years of service. 

It was decided that the issue may be kept pending for the time being and it would be appropriate to refer it to VII CPC for suitable recommendations. The Services agreed to the suggestion. 

ITEM XIX: Counting of Last One year of Training as Service for all purposes

It was stated by Services reps that all cadets undergo a 12 months training (18 months for Direct Entry) at the IMA/AFA in the case of Army and Air Force and training at sea in case of Navy. During this period no pay is admissible. However, a stipend of Rs 21, 000/- per month is paid. These Cadets/Midshipmen are entitled to their first pay and allowances only on successful completion of their training. Their time towards service and pension therefore starts 1 to 11/2 years after joining Service academies. However, in case of certain other entries into the Armed Forces i.e. Technical Graduates, Meteorological Branch of Air Force, certain specialised categories of three Services like law and the Short Service Commission in the Navy and Air Force, the entrants are granted commission into the service from the day of joining. These entrants are thus entitled to pay and allowances and other attendant benefits from day one. The Services had proposed that pre-commissioning training at commissioning academies be treated as service for all purposes. During the meeting Dir (AG-II) again brought out that Army has withdrawn the case. In response to which it was once again brought  by the Services that in the previous meeting itself Col J K Rao had committed that the letter withdrawing the issue will be cancelled and a confirmation will be given.             

Since the Army HQ letter is still not withdrawn it was decided that the issue will be processed only after this letter is withdrawn. 

ITEM XX: Re-employment of Officers in the rank of Col (TS)

It was decided to drop this matter as it has been settled.

ITEM XXI: Enhancement of Retirement age of Regimental Commissioned Officers (RCOs)

The issue stands resolved and hence no further action is required.

ITEM XXII: Honorary Ranks and Commission

It was brought out by Services reps that the pay proposed for honorary commissioned officers/ranks should be used for determining non-effective benefits including retirement benefits.

It was decided that the issue would be re-examined on merit. In any case the subject is closed, then it should only be done with approval of RM.  

ITEM XXIII: Revision of Retirement Ages of Territorial Army (TA) Officers

It was decided to drop the matter.

ITEM XXIV: PBOR in Territorial Army

It was decided as the issue has been dropped by Army HQ, hence no action is required.

ITEM XXV: Baggage Entitlements on Transfer/Permanent Duty Moves

It was stated by the Services that the issue was common to both Armed Forces and Civilian employees. The issue has been somewhat resolved by the clarification regarding applicability of same rate when moving from X to Y/Z or vice versa. However an issue still remained with regard to rates applicable on move from Z to Z. It was pointed out by Services that in the hypothetical case of transfer of an individual from Z to Z town, say a place 50 km west of Delhi to a place 50 km east of Guwahati, his baggage entitlement will be lesser than a transfer from Delhi to Guwahati.      

It was decided that the issue needs further deliberation before the formula recommended by Services is taken up with MoD (Fin). It was decided to request O & N Wing to involve reps of TRIPAS in future meetings.  

ITEM XXVI: Conveyance Allowance:      It was decided to close the matter.

ITEM XXVII: Authorisation of AC Taxi for Brigs on Temp Duty

The Services rep pointed out that prior to VI CPC, for journeys performed by road on temp duty, officers in the pay range of Rs 18400 and above were entitled to the prescribed rates of AC taxi. However, the VI CPC has recommended AC taxi for officers with grade pay of Rs 10000/- and above i.e. Maj Gn and above. As a result the entitlement of Brigs now stands lowered than the limit specified by VI CPC. It was also highlighted that similarly placed civilian employees are also affected by this recommendation. It was stated that the recommendation of the new pay commission cannot lower an existing entitlement and the case needs to be examined in this light.       

It was decided that the issue needs further deliberation before the formula recommended by Services is taken up with MoD (Fin). It was once again decided to request O & N Wing to involve reps of TRIPAS in future meetings.

ITEM XXVIII: Revision of Rates of Daily Allowance

The Services rep pointed out that the personnel proceeding on temp duty are authorised to claim reimbursement for hotel accommodation, food bill and in-city travel expenses at varying rates as per their grade pay. The individual also has the option of claiming Daily Allowance as per old rates prevalent prior to VI CPC. However, in the case of Services the problem is that most of the units are located away from cities/towns and there is no hostel available. The distance from the city to unit is such that it is impractical to stay in hotels in neighbouring cities. The Govt has resolved the earlier DA facility and individual can opt for either newer or old scheme for Temporary Duty. The old DA rates have, however, not been revised which means it is difficult to compensate personnel for their expenses on Temporary Duty. It was pointed out that it was more convenient to stay in messes. The Railways who are similarly placed have already got old DA rates doubled. Thus, there was enough justification to extend the same rationale to Armed Forces.         

It was decided that the issue needs further deliberation before the formula recommended by Services is taken up with MoD (Fin). It was once again decided to request O & N Wing to involve reps of TRIPAS in future meetings and TRIPAS will forward the letter doubling the rates of DA issued by Railways to support the Services proposal.

ITEM XXIX: Compensation in Lieu of Quarters (CILQ)

The Services reps brought out that the matter has been under discussion with MoD, C & W Wing and it has been decided that the free elements like electricity, water, furniture etc be waived on all the CILQ rate implemented are 01 Sep 08 (typed as in original) to make it equal to the HRA. Dir (C&W) stated that 3 options had been under consideration and Services had earlier recommended option II which had proposed CILQ rate at 3 times the existing rate was sent to Finance for consideration. JS (E) stated that the three times higher rate seemed to be irrational and requested that a final decision on the option needs to be exercised by the Services. Services however stated that they have already clearly indicated that Option 1 needs to be progressed and had accordingly submitted a DGL. It was also brought out that there are two elements to the issue – one is revision of rates and the other is the review of eligibility conditions. The Services requested that till finalisation of the revised rates issue at least the revision of conditions be finalised and issued expeditiously.          

It was decided that the issue as recommended by Services be taken up with MoD (Fin). It was decided to request C & W Wing to involve reps of TRIPAS in future meetings.

ITEM XXX: Enhancement of Rental Ceilings

The Services reps brought out that rent for residential accommodation leased by Service personnel is admissible based on (i) plinth area entitlement; (ii) rate per square foot depending on classification of the city or town, and (iii) an overall rental ceiling. The rate per square foot and the rental ceiling are periodically revised. Though the rental ceilings were last revised only in March 1998, significant increases for the different classes of cities and towns had been recommended by HLC. The recommendation ranges from Rs 2,541 per month for NCOs and ORs to Rs 10, 672 per month  for Brigadiers in ‘A-1’ cities and from Rs 1,367 per month to Rs 8,131 per month respectively in ‘C’ class cities and towns. The increase in rental ceilings has been justified by the Services on the following grounds: -       

(a)     The ceilings were earlier revised on three occasions in 1976, 1979 and 1981. They were not revised thereafter till the 5th CPC recommended a revision by the Ministry of Defence keeping in view the rates of House Rent Allowance proposed by them for corresponding civilians and the ceilings prescribed by the Railways. 

          (b)     A proposal submitted in this regard in 1994 was not approved.

(c)     Ceilings approved in March 1998 were of the same levels as in 1994, and were more or less equal to those approved by Ministry of Finance in 1987 for employees of autonomous bodies.     

(d)     Even while the 5th CPC was deliberating on various demands, the Railways had revised the ceilings in 1996, which roughly corresponded to those approved for Services in 1998.     

(e)     Since the plinth area entitlements were constant and the rates per square foot notified by Ministry of Defence were also based only on those determined by Ministry of Urban Affairs, the product of these two elements, which would represent the ceiling, should be logically applied.          

The Rent reimbursement and Rental ceilings facilities are available to Armed Forces. These provide flexibility to the Services to hire accommodation both for Officers and PBOR and also enable officers to hire married accommodation on rent reimbursement basis especially when they have to spend a major part of their tenure without getting status accommodation. As already brought out, the rates were last revised in 1998. The rates have not been enhanced by the 6th CPC also.   

It was decided that the issue needs further deliberation before the formula recommended by Services is taken up with MoD (Fin). It was once again decided to request O & N Wing to involve reps of TRIPAS in future meetings.

Annexure I
List of officers who attended the meeting on 25.03.2013 

MoD

          1.       Shri Sameer Kumar Khare, Joint Secretary (E) – in chair
          2.      Shri Praveen Kumar, Director (AG-I)
          3.       Shri Naveen Kumar, Director (AG-II)
          4.      Shri P S Walia, Under Secy, D (Pay/Services)
          5.       Smt Prabha Munjal, DFA (AG)
          6       Shri K K Sinha, AFA (AG)

Services

          1.       Rear Admiral J Korde VSM, ACOP (A&C)
          2.      Gp Capt D S Dagar, Member AFPIC
          3.       Gp Capt Updesh Sharma, Member AFPIC
          4.      Capt R S Chowdhry, Dir TRIPAS
          5.       Lt Col Akhil Rathee, AAG TRIPAS
          6.      Cdr Pallav Prakash, JDPA Navy



E & O E
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