In Hot Pursuit of Promises:
A Reality Check
Angst
over the state of pay, allowances, pensions, and retirement benefits of serving
personnel, Veterans, and widows of deceased personnel of the Armed Forces
respectively has become, not unreasonably, in recent times a perennial
condition. It appears that the Govt which is also the Competent Authority in
bureaucratic language, does not find the restricted fundamental rights, and
sacrifices of Armed Forces personnel adequate enough to justify matching by
positive action the promises of equality and justice in benefits.
The marginal
improvements in compensation often after protracted deliberations on files,
some times nudges of the Courts, do not match the glory of those whose lives and
limbs were lost or were at stake for the sovereignty of the nation.
The CLASSIFICATION, CONTROL & APPEAL RULES, 1965
definition is as follows: -
In exercise of the powers conferred by proviso to article
309 and clause 5 of article 148 of the Constitution read with Rule 6 of the
Central Civil Services (Classification, Control and Appeal) Rules, 1965, and in
supersession of paragraph 2 of the notification of the Government of India in
the Department of Personnel and Administrative Reforms number S.O. 5041 dated
the 11th November, 1975 as amended by the notification of Ministry
of Personnel, Public Grievances and Pensions (Department of Personnel and
Training) number S.O. 1752 dated the 30th June, 1987, and after
consultation with the Comptroller and Auditor General of India in relation to
the persons serving in the Indian Audit and Accounts Department, the President
hereby directs that with effect from the date of publication of this order in the Official Gazette, all
civil posts under the Union, shall be classified as follows :-
|
Sl.No.
|
Description of
Posts
|
Classification
of posts
|
|
1.
|
A
Central Civil post carrying a pay or a scale of pay with a maximum of not
less than Rs. 13,500
|
Group A
|
|
2.
|
A
Central Civil post carrying a pay or a scale of pay with a maximum of not
less than Rs. 9,000 but less than Rs. 13,500
|
Group B
|
The file
–pushers found it very simple and easy to bestow benefits like the
Non-Functional Financial Upgradation (colloquially known as NFU) on themselves
quoting the 6th CPC, and smug in the satisfaction that they made the
recommendations, they ‘examined’ it, and they found it worthy of selective
implementation with a definition of Organised Group ‘A’ services tailored to
keep out the officers of the Armed Forces vide OM No. I-11019/12/2008-CRD
issued by DOP & T on 20 Nov 2009. The ‘surgical strike’ in this OM was Para
1 (iii) “At least 50% of the vacancies in
Junior Time Scale (JTS) in such services are required to be filled by direct
recruitment.” JTS is the scale into which newly commissioned officers
enter. In other words, does it mean that only 50% of vacancies will have to be
set aside for newly commissioned officers and the rest will have to filled by
promoting Gp B (JCOs) to JTS?
Sadly, the
Competent Authority (whether UPA-1 or UPA-2 or NDA-2) has not challenged this
prejudice against the Armed Forces, the one institution that has defended the
Nation’s sovereignty and integrity at the peril of their lives.
The growing
disenchantment in now being reflected on the politicians who, though the
Competent Authority, are led by the bureaucrats. The disenchantment is
reflected in appeals before the Armed Forces Tribunals, High Courts, and the
Supreme Court. It is also the reason for fratricide and disobedience of rules,
regulations, even misappropriation. Shorn of the aiguillettes, collar tags, and
dialectics, an objective analysis on CPC related matters shows that it is some
what like the sequel to movies (the box office success ones) or serials on TV
(that rely on TRPs), with one difference, the continuity is apathy.
Episode - 1
was the 2008 edition post the 6th CPC. The then Chiefs of the Armed
Forces expressed their anguish and sought permission of the Govt not to
implement the Govt’s orders (Resolution) on inconsistent recommendations of the
CPC pointing out 46 anomalies (some of which are actually demands). The then
Raksha Mantri gave assurances of redress and corrective action. The Govt went
ahead and implemented the Resolution and left the Armed Forces and Veterans and
Widows to approach the AFT and the Courts for redress.
A Group of
Ministers (GoM) headed by then External Affairs Minister considered the
apprehension and rendered a report. In the face of festering discontent, the
UPA constituted two Committees chaired by the Cabinet Secretary (CSC) to consider
the issues. Members of CSC 2009 and CSC 2012 quoted the report of the GoM quite
extensively to back up their “Not Recommended.” Nothing more could have been
expected from two committees of bureaucrats, even if headed by the Cabinet
Secretary, for it would be blasphemous to think out of the ‘precedent’ box
(that foundation of the bureaucracy) let alone think differently from a GoM.
The RM
disappointed the Armed Forces by being too insipid and timid, but things have
not improved considerably. His classic was “Wait” when NFU issue was referred
to him in minute on MoD file provided in a reply (F No. 35 (11)/2013/D
(Pay/Services, received vide ibid reply date 08 Oct 2013).
The UPA Govt announced approval for One Rank
One Pension (OROP) on 17 Feb 2014. OROP was presented, perhaps as a reaction to
the pre-election promises which raised hopes and aspirations from September
2013 onwards.
Implementation
of OROP is cited as one example of ‘caring for Armed Forces Veterans’ by this
Govt and though it was denied for 67 years by the previous governments
including NDA–1, (which brings me to that mischievous thought – if OROP was
prevalent till 3rd CPC as is bandied about, how is it 67
years!)
Some Veterans raised
aspirations, often coloured in hues of misrepresentation [before 3rd
CPC pension was 70%, that OROP was in existence when actually it was Standard
Pension i.e One amount (Rs 300) for One rank (Capt) irrespective of the
qualifying service above 20 years)], and mis-quoting of Koshyari Committee
report’s recommendation on annual equalisation (The Koshyari Report only records the submission made by Army and Air Force
representatives for either a 5 yearly equalisation or Pay Commission to Pay
Commission equalisation. Neither of them is in the recommendations of the
Koshyari Committee Report at Para 11) and much else.
for
information through the RTI Act, 2005 brought out the script, the screenplay
and the comments and opinions of various officers up the chain in the decision
making apparatus known as MoD. It will, if the pattern of Episode – 1 persists,
show that Armed Forces placed a list of anomalies/demands, the Govt/MoD
conceded some, the Govt/MoF overruled some of those, and finally a sagacious
decision will be taken to pass the responsibility to the 7th Central
Pay Commission for a ‘holistic view.’ On reads how ‘holistic’ that view was.
History will,
however, record a first to the credit of this Govt. It is the setting up of the
One Man Judicial Commission (OMJC) to adjudicate on Govt order on OROP. The OMJC
is an improvement on the Cabinet Secretary Committees (CSCs).
So, other than
OROP (or its diluted or adulterated version, depending on the opinion of
reticent or vociferous critics) what are the other promises that this Govt has
fulfilled? Pension fixation w.e.f 1.1.2006 instead of 24.9.2012? No, that was a
consequence of a Supreme Court ruling in S-29 pensioners’ case. What about deletion
of the pro-rata deduction for pre 1.1.2006 pensioners as it was applicable to
post 1.1.2006 pensioners? No again, it was the Supreme Court’s order in the MO
Inasu case.
Episode – 2 is
the 2016 edition, with one change in the script. The present Chiefs of the
Armed Forces express their anguish and have sought permission of the Govt not
to implement the Govt’s orders (resolution) on inconsistent recommendations of
the CPC pointing out another list of anomalies (some of which may again
actually be demands). The Raksha Mantri gives assurances of redress and speedy corrective
action. The Govt goes ahead and issues the Resolution and leaves the Veterans
and Widows to approach the AFT and the Courts for redress. The one change in
the script is that a serving officer has approached a High Court for
redress.
Future
requests for information through the RTI Act, 2005 will bring out the script,
the screenplay and the comments and opinions of various officers up the chain
in the decision making apparatus known as MoD. It will, if the pattern of
Episode – 1 persists, show that Armed Forces placed a list of anomalies/demands,
the Govt/MoD conceded some, the Govt/MoF overruled some of those, and finally a
sagacious decision will be taken to pass the responsibility to the 8th
Central Pay Commission for a ‘holistic view.’
It
will need the Govt’s decision, like the strike on terrorist launch pads, to
achieve any effect on the bureaucracy. In the strike on the terrorists’ launch
pads, the Govt trusted the capability, the ability, and the intelligence of the
Armed Forces to deliver the desired results, befitting a Govt that means what
it says and is ready to take a hard, deliberate, and well thought of decision,
including using the perfect tools (the Armed Forces in this case). The Armed
Forces vindicated the confidence of this Govt.
Will this Govt
issue orders for another ‘surgical strike’ on the anomalies/issues by engaging
directly with the Armed Forces and leaving implementation to the bureaucracy.
Will
the Govt to live up to the promises made to the Armed Forces by another ‘surgical’
decision?
Hold your breath & watch this space.
Jai Hind, Jai Jawan
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