Once again a little bit of
history before we again step into the domain of documented facts.
Shri Kaleeswaram Raj, a lawyer in
the Supreme Court and High Court of Kerala has defined ‘Post-truth’ as a
(political) situation where facts and reason are, alarmingly, substituted by
emotions, beliefs and prejudices (Appointing judges; the “best kept secrets”
must tumble out, Deccan Herald, 8th October 2017). So be it with
statements of two decorated Veterans (one of them twice decorated!)
The twice decorated Veteran
carries on in his chant that pensions of civilians were increased from 30
percent to 50 percent and that of Armed Forces Veterans was reduced from 70 per
cent to 50 per cent by the 3rd Central Pay Commission. This is ‘post
truth’ because pensions of civilians and Armed Forces personnel were always 50
per cent of the last pay drawn at the time of retirement– an average of 36
months till 4th CPC, an average of 10 months thereafter, and from
the 6th CPC it is 50% of the last pay drawn on date of retirement/death
or the average of 10 months pay, whichever is beneficial.
The Post War Pay Committee Report of 1947-49 does not mention that pensions for Armed Forces were 70 percent of
last pay drawn.
The Armed Forces Pension Review
Committee 1949-50 (with 3 Maj Gen equivalent Armed Forces members) does not
mention pension was 70 percent.
The subsequent Raghuramaih and
Kamath Committee reports do not mention that pension for Armed Forces was 70
percent.
The 3rd CPC report
mentions that Death-cum-Retirement Gratuity, till then only paid to civilian
retirees, was made available to Armed Force personnel in 1970 and that between 16 and 11 per cent of the pension (for Officers and Other Ranks respectively) was used to offset the DCRG, just as it was
done for civilian employees. But the much vilified 3rd CPC
introduced the weightage system where additional years of service subject to a
maximum of 33 years ensured compensation for truncated careers of Armed Forces
personnel.
The 4th CPC
introduced, at the suggestion of the Armed Forces, an integrated scale and instead of Military Service Pay as suggested by the Armed Forces, and Rank
Pay. We are
all witness to what our esteemed Defence Finance did with the contortion/deduction of Rank
Pay before fixation. But pension remained at 50 percent of last reckonable
emoluments (Basic Pay + Rank Pay/Classification Pay + DA).
The 5th and 6th
CPC implementation is too recent to need any recounting.
But the fact remains that since
military pensions were introduced by predecessors in year 1500
AD, they have always been 50 percent of the last pay drawn.
Please see these links or search
for others to satisfy yourself that this is not Post Truth.
Now let us walk closer to recent
history.
Recently a peer forwarded an
email and a video from a Major --- SC, that the MoD would be advancing an
argument in the Supreme Court that Armed Forces Officers are not Group A but
are Group B officers and that JCOs and ORs
would be downgraded to Gp C etc so that Armed Forces personnel would not
be entitled to Non-Functional (Financial) Upgradation (NFU).
In various judgments, several
High Courts such as the Allahabad High Court (3 Judge Bench in Vijai Singh and Others versus Union of India and others),
Madras High Court (2 Judge Bench), and the Supreme Court have held that it
is a settled law that executive instructions cannot override the
statutory provisions or amend or supersede statutory rules or add something
therein nor can orders be issued in contravention of statutory rules.
Now, the statutory rules, conditions or
service for the Armed Forces are governed by the Army Act 1950, Air Force Act
1950 and Navy Act 1957 and Rules made under Article 309 of the Constitution of
India. These Acts are statutory in nature. They were notified in the Gazette of
India in 1950 and 1957, as amended from time to time.
Statutory law is the term used to
define written laws usually enacted by the Parliament of India or a State
Legislature under Article 309 of the Constitution of India, wherein the
Parliament may by law regulate the recruitment and conditions of service and
posts in connection with the affairs of the Union….
Statutory laws vary from
regulatory or administrative laws which are passed by executive agencies such
as GoI/MoD. But for a change in the statutory law, a Bill has to be proposed in
Parliament and voted upon before it becomes law.
Some years ago, then Finance Minister (and
later President of India) had to steer a bill through Parliament making
retrospective taxation a law. This was necessitated because the Supreme Court
struck down, in 2012, the executive order of the Govt/Income Tax Department.
For more details please read the judgments of the Bombay High Court and the
Supreme Court in the Vodafone case.
The NFU case comes up for final
disposal on 26 Oct 17 in the Supreme Court. Will the GoI/MoD risk another adverse
judgment by overturning a statutory law by an executive order? Will the GoI/MoD not
be embarrassed with the added opprobrium of lowering the Armed Forces, after
taking credit for the surgical strikes, and that favourite line, "Siachen mein jawan bees ghante
khade hain, aap Note badalne ke queue mein char ghante khade nahin rahe sakte?"
Satyam Ev Jayate
Very informative Sir. Thanks
ReplyDeleteThanks for the analysis and the information Sir.
ReplyDeleteSince every govt of time wants armed forces to be subordinate to civil authority &head of forces not able to venture into advising civil authority of the short comings & Injustice being netted out: there may be solutions only through courts but the same may not be a welcome sign
ReplyDelete