RTI Request No.
DEXSW/R/2018/50005
for File Notings and other
Information relating to Para 3 of the
MoD letter dated 07 Nov 2015
for One Rank One Pension
* * * * * *
Additional Notes by Aerial View
A. The following information was not provided and hence could
not be included in the posts:
1. Minutes of the 5 meetings of the
Working Group chaired by the CGDA
2. The fourth option proposed by Services
3. The
calculations desired by JS (PMO) for which the Secretary, ESW and JS (ESW)
wrote several DO letters to the CGDA, Addl CGDA and Jt CGDA
B. The following have not been included in the posts as the
information (about 150 pages) is available on the websites of the Hon’ble
Courts/AFT and MoD or is not directly connected with OROP: -
1. Civil
Appeals and SLPs mentioned
2. O A 100/2010
in the AFT, Chandigarh
3. MoD letters
in the Maj Gen Vains (retd) case
4. Pension
calculations for Maj Gen SPS Vains (retd) and co-petitioners
5. Press
releases by the Govt
-44-
Sub: Approval
of the assumptions for preparation of the OROP Tables
The
principle of One Rank One Pension (OROP) for the Defence Forces personnel was
announced by the then Finance Minister in his interim Budget 2014-15 speech.
After the constitution of the 16th Lok Sabha, the same has been reiterated
in the President’s Address to both the Houses of Parliamnet on 9.6.2014 and
also by the Hon’ble Finance Minister in the regular budget speech of 2014-15 on
10.7.2014.
2. In order to finalise the modalities for implementation of
OROP, Ministry of Defence constituted a Working Group under the chairmanship of
Controller General of Defence Accounts (CGDA) with the representatives of 3
Services, Deptt of Ex-Servicemen Welfare and MoD (Finance). The working group
met 5 times and deliberated on the OROP. The Working Group considered the
following 3 options:
(i) Providing maximum of the fitment tables
(ready reckoner showing pay fixation rank-wise in the 6th CPC Pay
Bands to Commissioned Officers as followed in the case of JCOs/ORs).
(ii) Allowing notional increments on minimum
of the fitment tables for rank last held
(iii) Calculation of pensions on the basis of average/meanamount of
pension for current retirees.
3. A series of
meetings were held in this Ministry for this purpose. After discussion, the
following methodology has been considered as appropriate for implementation of
OROP for Armed Forces:
(i) Weighted
average of qualifying service for each rank shall be determined with reference
to retirees pertaining to year 2013, which shall be taken as the representative
qualifying service for that particular rank.
(ii) Taking
maximum pension drawn in year 2013 for each rank and group in case of PBORs
(Personnel below Officer Rank), on the weighted qualifying service, as the
representative pension for all officers and PBORs of that rank and group.
(iii) The
maximum pension shall be determined from the pension drawn in rank and group
across the three Services. The pensioners drawing pension above the proposed
pension, shall continue to draw the same. The protection in pension of
post-2006 retiree shall also be allowed.
(iv) Linkage
of disability element and family pension shall also be established with the
revised pension.
(v) The
effective date of implementation of the proposal shall be 1st April
2014.
(vi) The
tentative financial implication has been assessed a Rs 8,298.48 crore per
annum.
4. With the approval of
the Hon’ble Raksha Mantri, the proposal was sent to the Ministry of Finance,
Deptt of Expenditure who returned the proposal stating
“At the outset, we are committed to
implementing OROP in letter and spirit of the decision announced in the Budget
Speech 2014-15. For this purpose, we need to work out a formulation that is not
only as per the announcement made therein but is also legally tenable. The
formulation proposed by MoD is open ended from the expenditure angle and it is
also fraught with legal complications. The formulation seeks to revise the
pension of past pensioners on the basis of maximum pension drawn in the year
2013 for each rank with reference weighted qualifying service. Firstly, this
formulation goes against the Budget speech mandated OROP by closing the gap
between pre and post-2006 retirees, as even the pension of post-2006 retirees
would be revised. Secondly, this formulation goes against the existing time and
legally tested principle of pension being linked to the pay drawn by an
officer, as pay drawn by someone else would be taken into account. This will
create legal difficulties. Thirdly, the maximum pension in a particular rank
might have been earned by an officer as a result of quicker merit based
promotion. If this pension is made applicable to others not so meritorious, it
would amount to rewarding an officer for someone else’s toil. This will create
frustration in the hearts of meritorious officers and may spur them to seek
legal Redressal. Fourthly, if the pension of an officer with lesser service
become equal with that of another with more service in that rank because of
weighted qualifying service, this will create equality between two unequals,
leading to legal repercussions.
I have been given to understand that an SLP
filed in the Supreme Court against an order of CAT to give effect to the
modified parity in pension of pre-2006 in modification of the date of 24.9.2012
has recently been dismissed. This means approximately Rs 15, 000 crore will be
given to Defence pensioners as arrears. This additional benefit, which is also
towards OROP, needs to be taken into consideration while working out the
modalities to implement OROP.
I would therefore, urge Ministry of Defence
has been advised to work out the formulation for implementing OROP within the
ambit of Budget speech in a manner legally sustainable.”
5. Accordingly, the issue was re-examined by this Ministry in
consultation with all the stakeholders. In the meantime, the issue of One Rank
One Pension (OROP) for the Defence Forces personnel received Nation’s attention
due to the agitation of the Ex-Servicemen (ESM) Associations. Hon’ble Prime
Minister has reiterated the Government’s commitment to OROP and assured that it
would be announced soon during the Hon’ble Prime Minister’s address to the
Nation on 15.8.2015. In view of the importance attached by the Government to
fulfill the promise and keeping in view of the urgency to resolve the issue in
the national interest, Hon’ble Raksha Mantri discussed with all the
stakeholders and finalised the proposal. On 5.9.2015, Hon’ble RM announces
(through Press conference) the modalities for implementation of OROP in the
presence of Hon’ble RRM, Defence Secretary and 3 Services Chiefs i.e. Chief of
Army, Navy and Air Force.
6. Accordingly, a Cabinet Note was submitted to the Hon’ble
Prime Minister for approval under Rule 12 of the Transaction of the Business
Rules vide this Department’s OM No. 12 (1)/2014/D (Pen/Pol) (Part II) dated
5.9.2015 to the Cabinet Sectt with the following proposal:
1. The benefit will be given from
1.7.2014.
2. Pension will be re-fixed for all
pensioners retiring in the same rank and with the same length of service as the
average of minimum and maximum pension drawn by the retirees in the year 2013.
Those drawing above the average will be protected.
3. The benefit would also be extended to
family pensioners including war widows and disabled pensioners.
4. Personnel who voluntarily
retired/retired will not be covered under the OROP scheme.
5. Arrears will be paid in four
half-yearly instalments. Widows will be paid arrears in one instalment.
6. In future the pension would be re-fixed
every 5 years.
7. OROP is a complex issue. A thorough
examination of interest to retirees of different periods and different ranks is
needed. The inter-service matters of 3 Forces also require consideration. This
is not an administrative matter alone. Therefore, it is proposed that a One
Member Judicial Committee may be constituted, which will give its report in 6
months.
7. Cabinet Sectt vide its ID No. 144/1/1/2015-Cab dated
7.11.2015 has communicated the approval of the Hon’ble PM to the said proposals
as contained in Para 7 with the following modifications:
7.4. Personnel who opt to get discharged
henceforth on their own request under Rule 13 (3) (1) (i) (b), 13 (3) 1 (iv) or
Rule 16B of the Army Rules 1954 or equivalent Navy or Air Force Rules will not
be entitled to the benefits of OROP. It will be effective prospectively.
7.7. The proposal is for constituting One Member Judicial Committee;
instead the approval is for Judicial Committee.
8. CGDA vide UO No. 5699/AT-P/OROP/Vol VIII dated 6.11.2015 has
communicated that Annual financial implication on account of grant of OROP
including PMR cases would be Rs 7123.38 crores. The financial implication on
account of arrears w.e.f. 1.7.2014 to 31.12.2015 would be Rs 10392.35 crores.
CGDA has also given the assumptions for preparation of the Tables for pension.
Based on the approval of the Cabinet Note by the Hon’ble Prime Minister, OROP
order has been issued vide MoD letter No. 12 (1)/2014/D (Pen/Pol) – Part II
dated 7.11.2015.
Sl No.
|
Issue involved
|
Proposal of CGDA
|
Observations of DESW
|
1
|
Whether the proposed pension is
to be determined with reference to entire data across three Services both for
JCO/OR and Commissioned Officers or otherwise.
|
The revised pension shall be
determined with reference to entire data across three Services both for
JCO/OR and Commissioned Officers.
|
The existing policy for
pre-2006 JCO/OR retirees viz. considering data across three Services may
continue.
Further, data across three
Services for Commissioned Officers should also be considered as the
pre-revised and revised pay structure under 5th /6th
CPC for Commissioned Officers across the three Services are identical. Hence
proposal of CGDA is recommended for approval.
|
2
|
Average of minimum and maximum
pension is to be determined separately for three Services and then
highest/average among the three Services to be allowed,
Or
Average of minimum and maximum
pension is to be determined with reference to entire data of three
Services.
|
The minimum and maximum pension
for each rank & qualifying service shall be identified in entire data of
three Services and then average of minimum and maximum pension shall be
worked out.
|
With reference to comments as
at item (1) above, proposal of CGDA is recommended for approval.
|
3
|
Methodology to be adopted for
determining proposed pension for those ranks/groups where there are no
retirees in calendar year 2013.
|
(i) Where data in any
particular rank is not available at all, protection in pension may be allowed
with reference to lower rank(s).
(ii) Where data in group X for
any particular rank is not available at all, pension may be determined by
adding Rs 700 (50% of X Group pay) in Group Y pension subject to protection
with rates of pension determined for Group X in lower rank(s).
(iii) As Rank/Group is not
available for lower qualifying service but available after certain length of
qualifying service, pension for lower service will be determined by allowing
cut of 3% (compounded) for each completed year to the first rate available
for any qualifying service in the particular rank/group subject to protection
with lower rank/group.
|
(i) By applying the universal
formula for removal of this anomaly of a senior rank vis-à-vis his junior,
proposal of CGDA is recommended for approval.
(ii) Since the pay element viz.
Pay in pay band, grade pay and MSP for post-2006 JCOs/ORs in Group X draw X
Group Pay as additional element, proposal of CGDA is recommended for
approval.
(iii) Keeping in view the rate
of increment in pay (i.e. 3%) for completing one year of service, proposal of
CGDA is recommended for approval.
|
4
|
Protection of pension in higher
rank with lower rank(s) and higher qualifying service with lower qualifying
service(s).
|
As per past practice, such kind
of anomalies had been removed by stepping up pension of higher qualifying
service up to the level of pension of same rank/group with lower qualifying
service and higher rank/group with same qualifying service with pension of
lower rank(s) (with identical group) with same qualifying service. Therefore,
same methodology shall be adopted for removing such anomalies.
|
Keeping in view the similar
methodology adopted for removal of anomaly in MoD’s orders issued for
implementation of recommendations of 6th CPC, CSC-2009 and
CSC-2012, proposal of CGDA is recommended for approval.
|
5
|
Treatment of personnel
benefited under MACP/ACP scheme.
|
JCO/OR pensioners retired in
2013 and granted financial upgradation under MACP scheme, shall be considered
with higher ranks as per grade pay drawn at the time of retirement and not
with reference to substantive rank last held. The personnel retiring with
higher grade pay due to financial upgradation shall be considered with higher
rank for determining pension.
|
The ACP scheme was introduced
for Defence Forces in 2003 followed by MACP scheme in 2008 based on
recommendations of 5th and 6th CPC respectively. Based
on statistics provided by CGDA, there are retirees in various ranks of JCO/OR
who are not earning the benefit under MACP scheme even after completing
prescribed length of service due to non-fulfilment of required conditions.
Hence, no rational benefit to allow benefit of MACP to who have not earned
the same during service. In view of the same, the proposal of CGDA is
recommended for approval.
|
6
|
Establishing linkage of
disability pension with service pension
|
Since number of retirees
drawing disability pension are less, rates of disability/war/injury element
shall be linked with rates of revised retiring/service pension.
The rates of disability element
shall be 60% of retiring/service pension in each qualifying service for 100%
disability.
The rates of war injury element
shall be 120% of retiring/service pension (discharge cases) and 200% of
retiring/service pension (invalidment cases) in each qualifying service for
100% disability.
|
As per orders applicable for
post-2006 disabled cases, rates for disability/war injury element is linked
with pay last drawn which is reduced pro rata for lesser percentage of
disability. However, under the OROP scheme announced vide (12 (1)/2014/D
(Pen/Pol) Part II dated 7.11.2015, service pension/retiring pension is not
linked to pay last drawn. Hence disability/war injury pension can no more be
calculated based on pay last drawn. Therefore, on the lines of CSC-2012
recommendations where such linkage is already available for pre-2006 retirees
for calculation of family pension (sentence incomplete in original). Hence same
methodology can be adopted for calculation of disability/war injury pension.
Hence proposal of CGDA is recommended for approval.
|
7
|
Pension tables up to 33 years
of service/Terms of engagement.
|
Rates of pension shall be
determined only up to the terms of engagement for JCO/OR and 33 years in case
of Commissioned Officers.
However, in case of officers of
the rank of Major General and above which get their rank at higher qualifying
service, first available rate of pension at qualifying service of 33 years or
more shall be treated as rates for 33 years of service subject to pro rata
reduction for lower qualifying service.
|
As per present dispensation
applicable for pre-2006 pensioners, the proposal of CGDA is recommended for
approval.
[Note:
the pro-rata reduction has been nullified and communicated vide PCDA (P)
Circular No. 568 dated 13.10.2016.]
|
8
|
Treatment of Out Layers
|
Before determining minimum-maximum pension
of pensioners retired in 2013, the out layers should be excluded by
identifying cases getting benefit of higher pensions due to various Court
decisions, extra increments/out of turn promotions earned by individuals,
direct entry in higher ranks or cut in rates pf pay/pension due to
punishments. Pension sanctioning agencies shall identify minimum/maximum
cases for each rank/group/qualifying service from their data base and get it
confirmed from respective Record offices/Pay Account offices to exclude these
cases from relevant data.
|
The proposal of CGDA is (sic)
seems to be appropriate and is recommended for approval.
|
9
|
Benefits of OROP in Pre-Mature
Retirement cases
|
Ministry may take a decision
for inclusion of PMR/Voluntary retirement/retire on own request.
|
MoD vide notification dated
7.11.2015 has amply clarified the issue hence no further decision is
required.
|
10
|
OROP to PSU absorbees
|
Full pension n of such retirees
may be revised with reference to revised pension determined for regular
ranks. However, existing restored amount of pension shall continue as the
methodology for the same has been finalised with reference to Hon’ble SC
judgment.
|
Keeping in view the comments
offered as at item (10) above, proposal of CGDA is recommended for approval.
|
9. The file was referred to MoD (Fin) for concurrence. MoD (Finance/Pension) vide
its ID No. PC I to 10 (11)/2012/FIN/PEN dated 01.12.2015 has given its
concurrence and recommended for obtaining the views of DOP & PW, being the
Nodal Deptt. Now the file is submitted to the Hon’ble RM for approval of the
above assumptions before referring the same to DoP &PW & Deptt of
Expenditure, Ministry of Finance.
Sd/------------------
(K Damayanthi)
Joint Secretary, ESW
02.12.2015
Secretary, ESW Sd/------------
2/12/15
R M Sd/------------
3/12
JS (ESW) File
is referred to the Deptt of P & PW for views. Sd/------- 3/12/2015
Deptt of P & PW (Smt Vandana Sharma) Sd/-------4/12
DS (PP) Sd/------
7/12
-53-
DEPARTMENT OF PENSION
& PENSIONERS’ WELFARE
(Desk –A)
Ref
Ministry of Defence notes from page 29/n.
2. The matter has been examined in this Department. In this
connection the following observations have been made:
(i) DOP&PW is the nodal department for
policy/rules relating to fixation/revision of pension of Central Government
Civil Employees/Pensioners.
(ii) Never in the past, DoP&PW was
consulted for laying down any rules/policy for fixation/revision of pension of
Defence personnel/pensioners.
(iii) The orders for revision of pension of
only civilian pensioners were issued by DoP&PW in implementation of the
decision taken by the Government on the recommendations of the 6th
Central Pay Commission. DOP&PW was not consulted by Ministry of Defence
before issuing the orders for revision of pension in respect of Defence Forces
Personnel after 6th CPC.
(iv) In fact, DoP&PW is not aware of the
finer details of provisions of the pension fixation in respect of the Defence
Forces Personnel.
(v) During the whole process of the decision
to implement OROP scheme for Defence
Forces personnel, DoP&PW was never consulted. DoP&PW is therefore, not
aware of the fine details of OROP scheme apart from what has been stated in
Paras 6 & 7 of the note on page 46/n.
3. In view of the above and in the absence of any previous
knowledge about the rules applicable to defence personnel, it may not be
desirable/appropriate for DoP&PW to comment on the various issues which
have been raised in the note from page 44/n. This Department is, however, of
the view that since the scheme of OROP has been approved by the Government, all
the instructions/rules for implementation of that scheme would necessarily have
to be within the four corners of that scheme and any modification/deviation
from that scheme would need prior approval of the Government.
4. Since Department of Expenditure has been involved all
through in the implementation of OROP scheme, Department of Ex-Servicemen
Welfare may consult Department of Expenditure on the issues raised on page
47-51/n.
5. This has the
approval of Secretary (Pension).
Sd/-------------
(S K Makkar)
Under Secretary (A)
9.12.2015
Department of Ex-Servicemen Welfare [Ms K Damayanthi, Joint
Secretary, ESW]
Sena Bhawan, New Delhi
DoP&PW ID No. 38/40/12-P & PW (A) dated 9.12.2015
File No. 12
(01)/2014-D (P/P)/Part II
-54-
The
file was referred to Department of Pension & Pensioners’ Welfare with the
concurrence of MoD (Finance/Pension) vide its ID No. PC I to 10
(11)/2012/FIN/PEN dated 01.12.2015 and approval of Hon’ble RM for obtaining the
views of DoP&PW being the Nodal Deptt on the assumption for preparation of
OROP tables given by the CGDA along with recommendations of ESW. Now the file
has been received back from DoP&PW with their observations on page 53N. We
may now refer the file to Department of Expenditure, Ministry of Finance
through MoD (Finance) for their approval.
Kind approval of Secretary, ESW may be solicited.
Sd/---------
(Manoj Sinha)
Under Secretary
(Pen/Pol)
11.12.2015
DS (Pension) Sd/----
11/12/15
JS (ESW) Sd/--------
11/12/2015
Secretary, ESW Urgent Sd/--------- 11/12/15
MoD (Finance) Sd/------
11/12
DFA (P)
Ministry of Finance
Department of
Expenditure
(EV Branch)
Ministry
of Defence (Finance) may please refer to their note on page 15/n seeking
approval of this Ministry on the 10 assumptions/methods proposed by CGDA and as
examined by MoD and agreed to by MoD (Finance) as per note 44 of their file No.
12 (1)/2014/D (P/P)/Pt II.
2. It is seen that these assumptions/methods have been worked
out by MoD in order to implement the OROP as contained in their letter dated
7.11.2015.
3. It is seen that this Ministry was not consulted before
finalising the said letter dated 7.11.2015. However, this Ministry has no objection
to the proposed assumptions as agreed to by MoD (Finance). MoD (Finance) would
no doubt ensure that these assumptions are within the existing instructions
regulating pension, as modified by the OROP letter dated 7.11.2015.
4. This issues
with the approval of Finance Minister.
Sd/------------
(Vivek Ashish)
Under Secretary to the
Govt of India
Tel: 23095633
Ms Devika Raghuvanshi, Addl FA & JS, Ministry of Defence
(Finance)
Room No. 131-E, South Block, New Delhi – 11
DoE ID Note No. 1 (6)/EV/2015 dated 31.12.2015
* * * * * *
MoD ID No. 12
(01)/2014/D (Pen/Pol) (Part-II)
Ministry of Defence
Department of
Ex-Servicemen Welfare
D (Pension/Policy)
New Delhi, dated 1st
January 2016
To
Shri Rozy Agarwal, JT CGDA (P)
O/o CGDA, Ulan Batar Road,
Palam, Delhi Cantt – 110 010
Subject: - Assumption
for preparation of the OROP tables - reg
Assumptions
for preparation of the OROP tables given vide CGDA U.O. No.
5699/AT-P/OROP/Vol-VIII dated 6th November 2015 were examined in
this Department. The file was referred to Department of Expenditure through MoD
(Finance/Pension) for approval of proposed assumption for implementation of
OROP.
2. MoD (Finance/Pension) has stated that Department of
Expenditure vide their ID Note No. 1 (6)/EV/2015 dated 31.12.2015 (copy
enclosed) has intimated their no
objection to the proposed
assumptions for implementation of OROP. However, Department of Expenditure,
Ministry of Finance has desired to ensure that these assumptions are within the
existing instructions regulating pension, as modified by the OROP letter dated
7.11.2015.
3. In view of the above, it is requested to ensure the
compliance of instructions of Department of Expenditure, Ministry of Finance
before issue of OROP tables.
Sd/----------------
(K Damayanthi)
Joint Secretary (ESW)
* * * * * *
File No. 12
(01)/2014-D (P/P)/Part II
Extract from shadow
file
JS
(ESW) desired to (know) keeping in view of extreme urgency, CGDA may be
requested to issue detailed instructions relating to implementation of OROP
along with tables indicating revised pension for each rank and each category
latest by 15.1.2016.
2. Assumptions for preparation of the OROP tables given vide
CGDA UO No. 5699/AT-P/OROP/Vol VIII dated 6th November 2015 were
examined in this Department in consultation with Department of Expenditure
(DoE). DOE have given their no objection to the proposed assumptions to ensure
that they are within the existing instructions regarding pension, as modified
by the OROP order dated 7.11.2015. The same has already been conveyed to CGDA
vide our letter dated 1.1.2016.
3. We may send a letter to CGDA from Secretary (ESW) on the
above lines. Accordingly a draft DO letter is attempted and place opposite for
approval please.
Sd/-----------
(Manoj Sinha)
Under Secretary (Pension/Policy)
7.1.2016
DS (Pen) OL
(On Leave)
JS (ESW) Sd/---------
7/1/16
Secretary ESW Sd/------
7/1/2016
JS (ESW) Pl
put up the draft Cabinet Note for approval of Hon’ble RM. It has to be
confirmed to the Cabinet. Sd/-----
7/1
DS (P/P) - OL
US (P/P)
F No. 12 (01)/2014/D
(Pen/Pol)/Part II
-57-
Subject:
Implementation of One Rank One Pension – Draft Note for the Cabinet
Noting from
pages 29/ante refers.
2. The principle of OROP has been accepted by the Government
and an announcement was made by the Government on 5.9.2015 on the modalities
for its implementation. Since the Cabinet was not likely to meet immediately
there was an extreme urgency for approval of the OROP proposal. Accordingly,
Cabinet Note dated 5.9.2015 on implementation of OROP proposal was sent to the
Cabinet Secretariat to solicit the approval of the Hon’ble Prime Minister under
Rule 12 of the Government of India (Transaction of Business) Rules, 1961.
3. The Cabinet Secretariat conveyed approval of Hon’ble Prime
Minister on 7.11.2015 to the OROP proposal of Ex-Servicemen Welfare as
contained in Para 7 of the Cabinet Note dated 5.9.2015 under Rule 12 of the
Government of India (Transaction of Business) Rules, 1961 with the following
modifications:
Proposal at
Paragraph 7.4. of the Note dated 5.9.2015 modified as: ‘Personnel who opt to
get discharged henceforth on their own request under Rule 13 (3) 1 (i) (b),
Rule 13 (3) 1 (iv) or Rule 16B of the Army Rules 1954 or equivalent Navy or Air
Force Rules will not be entitled to the benefits of OROP. It will be effective
prospectively.’
Proposal at
Paragraph 7.7 of the Note dated 5.9.2015 modified as ‘The proposal is for
constituting one member Judicial Committee; instead the approval is for
Judicial Committee.’
4. The Cabinet Secretariat also conveyed that Department of
Ex-Servicemen Welfare may seek ex-post-facto
approval of the Cabinet to the proposal in the next meeting.
5. In pursuance of the Prime Minister’s approval, the
Government order for implementation of OROP to the Defence Forces Personnel was
issued on 7.11.2015.
6. In pursuance of the decision for constitution of the
Judicial Committee conveyed by the Cabinet Secretariat on 7.11.2015, a proposal
for constitution of Judicial Committee headed by Justice L Narasimha Reddy,
Retd Chief Justice of the Patna High Court was sent to the Cabinet Secretariat
on 2.12.2015. The Cabinet Secretariat conveyed approval of the competent
authority to the proposal on 10.12.2015. Notification for appointment of the
Judicial Committee was issued on 14.12.2015.
7. The Department of Pension & Pensioners’ Welfare and
Department of Expenditure have been consulted in the matter.
8. DoP & PW have expressed their view that since the scheme
of OROP has been approved by the Government, all instructions/rules for
implementation of that scheme would necessarily have to be within the four
corners of that scheme and any modification/deviation from that scheme would
need prior approval of the Government.
9. Department of Expenditure has stated that they were not
consulted before finalising the Govt order dated 7.11.2015 on OROP. However,
they have given their no objection to the proposed assumptions to ensure that
they are within the existing instructions regulating pension, as modified by the
OROP order dated 7.11.2015.
10. Based on the above
developments, draft Cabinet Note is placed on file for kind approval of Hon’ble
Raksha Mantri for sending to Cabinet Secretariat for seeking ex-post facto
approval of the Cabinet.
Sd/----------
(Manoj Sinha)
Under Secretary
(Pension/Policy)
8.1.2016
DS (Pen) – On leave
JS (ESW) Sd/-----------------
8/1/16
Secretary, ESW Draft
Cabinet Note is placed below for kind approval. Sd/------------
Hon’ble RM Sd/-------8/01
Sec (ESW)
JS (ESW) Pl put up
the OM for seeking the comments of MoF and DoP&PW on DCN Sd/---12/1
DS (Pen) Sd/-----
14/1/16
Sr AO
-59-
Reference pre-page
2. As desired,
draft OM for seeking the comments of DoE, MoF and DoP&PW on draft Cabinet
Note on OROP is placed opposite for approval/signature please.
Sd/----- 15/1/16
Sr AO Sd/----
US (P/P) – One leave
DS (Pen) Sd/------
15/116
JS (ESW) Approved.
Please issue to DoP&PW and DoE & FA(DS)
Concluded
* * * * * *
Dear Sir,
ReplyDelete1. At the very outset thanks a ton for your perseverance and stupendous effort in getting such voluminous and revealing information.
2. The following still remains a mystery:
(a) The repeated insistence and concern of MoF (DoE) for implementation of OROP as announced by the Govt in Parliament and issued in a letter form during UPA and a legally tenable modalities have been cunningly circumvented at a very crucial stage. Going by the queries of MoF, the usual gang of Section Offr, USs and Dy Secys of MoD took over the case completely and wrote what they wanted to in the Cabinet Note.
(b) What was the final recommendation of the so called Working Group, Service reps agreement to the final proposal etc are not really discernible.
(c) The final blow of excluding PMR cases and implementation from prospective date, artificial base years, methodology of calculation of notional pension or fixation of pension and equalisation of once in five years are whose brain child is still not clear. Draft Cabinet Note should have been ideally vetted by Wkg Gp. Looks like due to PMO's pressure and in that guise a lot of damage has been done.
3. At the end , it becomes clear that some bridging the pension between past and present pensioners have been done purely for implementation of AFT/HC/SC judgements and the same has been coined as OROP. The fate of OMJC recommendations would remain another mystery like Hendersons report in the great MoD.
4. Looks like only relief is SC judgement in the ongoing WP(C) 419/2016 in SC IESM Vs UoI which is tentatively slated for hearing on 02 Apr 18. The present implementation of so called One Rank Many Pensions and other stipulated conditions/scheme of implementation will not stand legal scrutiny of even a District Court leave alone SC.
Truth Alone Triumps
Regards once again for the singular effort, God Bless your tribe.
Query 2 (a) - the CGDA has actually led the DESW up the garden path.
Delete(b) The minutes of the Working Group meetings were not provided and is the subject of the First Appeal.
(c) The equalisation (of what) every 5 years was suggested by the Army Rep to the Koshyari Committee.
The PMR exclusion, said Mr Parrikar to me personally on 8/10/15, was because some ESM of Harayana boasted to Shri Modi then BJP i/c about how they are earning in millions compared to a few thousands if they continued in Service.
Notional pension calculations were available from 2014 in the Rank Pay case and hence it was the CGDA that spearheaded the case. However, in a briefing note to the Lok Sabha, available on the internet, some Armed Forces officers objected to One pension because they had more residual service in the rank and would stand to lose. Hence average pension with protection for those earning higher than the average,
As for 419/2016, I hope it is not using the submissions to the Koshyari Committee as its foundation. Elsewhere in this blog I have brought out the documented facts that run counter to the submissions to the Committee.
And, ah, it is not OMJC but just Judicial Commission as per Cab Sec Note!
Jai Hind