Saturday, 26 August 2017

A Decison and A Decision Not to take a Decision - Why No Separate Pay Commission



Online RTI Request Form Details

RTI Request Details :-

RTI Request Registration number MODEF/R/2017/51846

Public Authority Department of Defence

Description of Information Sought



Sir,



On 27.12.2008, then Prime Minister directed that pay, allowances and pension issues for the Armed Forces should be considered by a separate Pay Commission by delinking the civilian pay and pension issues.



On 13.09.2013, then Chairman of the Chiefs of Staff Committee wrote to then Raksha Mantri declining a separate pay commission but requesting for an Armed Forces representative on the Seventh Central Pay Commission.



Please provide information as defined in Sec 2 (f) of the RTI Act, 2005 including copies of the direction of then Prime Minister, the copy of the Chairman COSC letter and the file notings and directions of the Ministry of Defence on the same.



Reply



RTI Matter

By Speed Post

No. 35 (5)/2017/D (Pay/Services)

Government of India

Ministry of Defence

New Delhi, the 21st August, 2017



To

          Shri S Y Savur





Subject: Seeking information under RTI Act, 2005



Sir,



          Reference is invited to MoD letter of even number dated 10.8.2017 on the above subject.



2.      As stated in the above letter, the relevant photocopies of Notings/OM contained in File No. PC-1 (13/2009/D (Pay/Services) (4 pages) are forwarded herewith.



3.       The Appellate Authority is Ms Manisha Bhatnagar, Deputy Secretary (AG-I), Ministry of Defence, Room No. 102, Sena Bhavan, New Delhi.

Sd/------------------

21/8/17

(Prashant Rastogi)

Under Secretary & CPIO



-115-



          Preceding note (# 114) refers.



2.      Chairman, Chiefs of Staff Committee vide his letter dated 13th September, 2013 (Encl 113/A) addressed to Hon’ble RM has stated that he may recall that the PMO in Dec 2008 had conveyed a decision regarding a Separate Board or Commission for pay revision of armed forces personnel in future (Copy of PMO ID No. 1176973/PMO/2008 dated 27.12.2008 enclosed as Encl 113/B). He has further stated that the ibid PMO letter also directed to set up a High Powered Committee to resolve the status issues of armed forces officers vis-à-vis civil (sic) officers. This direction remains to be implemented much to the concern of the Services.



3.       In the aforesaid letter dated 13.09.2013, Chairman, COSC has brought out that revision of emoluments of the armed forces by a Central Pay Commission was taken up for the first time by the III Pay Commission in 1973. Prior to this emoluments of armed forces were revised in piecemeal by Departmental Committees. These Committees were drawing reference from the award of I and II CPC actually depressed the pay, DA and CCA for conditions which were unique to the Services. Analysis of the experience of Departmental Committees vis-à-vis Central Pay Commissions indicates that a separate Pay Commission may not necessarily benefit the Services as anomalies invariably are bound to arise in both the cases. The fact is that non-resolution of anomalies or ex-parte resolution of anomalies that leads to dissatisfaction may have led to an inference that Armed Forces should have a separate Pay Commission.

4.      In the above mentioned letter, Chairman, COSC has stated that the Services have undertaken a de novo holistic view of the issue of Separate Pay Commission. It is felt by the Services that the overarching issues of status, parity and equivalence can be holistically addressed only by a Central Pay Commission. It is, therefore, the view of the Services that the long term interests of the armed forces would be best served by the constitution of High Powered Committee to resolve the status issues at the earliest and convey their stand to be part of the Central Pay Commission from the Services. 



5.       The aforesaid two issues have been examined in MoD by the AG Division and the views/recommendations of the Division are elucidated in paras 4 (i), (ii) and 5 of Note 114 ante.



6.      After careful examination of the issues, my views are as follows: -



(i)      As far as the issue of constitution of a High Powered Committee to resolve the command and control functions and status of armed forces personnel vis-à-vis para-military forces and civilians are concerned, now it would be prudent that the issues which were to be examined by the proposed High Powered Committee be examined by the VII Central Pay Commission as the New Pay Commission has already been announced on 25.9.2013.



(ii)    Regarding the demand of the Services to be part of the Central Pay Commission with full representation from Services, it is observed that convincing grounds have not been brought forward by the Services to warrant any change in the decision which was taken by PM in Dec 2008 in consultation with RM and then EAM thereby approving setting up a separate Board or Commission for the pay revision of the armed forces.



7.                 Submitted for consideration.

Sd/-----------------------

26/9

(Shankar Aggarwal)

Additional Secretary

26.09.2013

Defence Secretary

-116-



A copy of the Chairman COSC letter alongwith observations at 6 (i) and 6 (ii) may be sent to PMO, MoF and Cabinet Sectt.

Sd/----------------

27/9

( R K Mathur)

Defence Secretary

RM

-117-



We may simply send a copy of the Chairman COSC’s letter to PMO, MoF and Cabinet Secretariat. At this stage we may not express any view on the matter.

Sd/---------------

30/9

Defence Secretary        Sd/------ 30/9



AS (A) Sd/-------------- 30/9



JS (E)         Sd/----- 1/10/13



Dir (AG-I)



E 118 A



Most Immediate

Government of India

Ministry of Defence



No. PC-1(13)/2009-D (Pay/Services) New Delhi, 01st October, 2013                    

Office Memorandum



Subject: Common VII Central Pay Commission



          The undersigned is directed to send herewith a copy of letter No. PC-18215/PPOC/IDS dated 13.09.2013 written by Chairman, Chiefs of Staff Committee to Raksha Mantri on the above subject.



2.                This has the approval of Raksha Mantri.

Sd/---------------------

(Praveen Kumar)

Director (AG-I)

Phone: 2301 1593

1.       Prime Minister’s Office, South Block



2.      Ministry of Finance (Department of Expenditure), North Block



3.       Cabinet Secretariat, Rashtrapati Bhavan



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