Thursday, 10 May 2018

With Pension based on Notional Pay, What happens to OROP? With some tables to help you


Dear Readers,



With Pension based on Notional Pay, What happens to OROP? Any expert comments are welcome



Below are some of the ready references.



A.         GoI, MoD No 17(4)/2008(1)/D(Pen/Policy) dated 11.11.2008



“4. Consolidation of Pension



4.1. The Pension/Family Pension of existing Pre-1.1.2006 pensioners/family pensioners will be consolidated with effect from 1.1.2006 by adding together:



(i)         The Existing Pension (including commuted portion of pension, if any)/ Existing Family Pension.



(ii)        Dearness Pension, if any, as applicable from 1.4.2004 to those retired /died prior to 1.4.2004.



(iii)       Dearness Relief upto AI CPI (IW) 536 i.e. 24% of basic pension/family pension plus dearness pension.

                       

(iv)       Fitment weightage @ 40% of the Existing Pension/Existing Family Pension. Where the amount of fitment weightage work s out in fraction of a rupee, it will be rounded off to the next higher rupee.



NOTE:  Where the Existing Pension/Existing Family Pension includes the effect of merger of 50% of Dearness Pay in respect of those retired/died on or after 1.4.2004, the existing pension/family pension for the purpose of fitment weightage will be re-calculated after excluding the merged Dearness Pay of 50% from emoluments for computation of existing pension/existing family pension. This will be in line with the definition of “Existing Pension” and “Existing Family Pension” given in Para 3 of these orders.



4.2.      The amount so arrived at in terms of Para 4.1 above will be regarded as consolidated pension/family pension with effect from 1.1.2006. Since the consolidated pension will be inclusive of commuted portion of pension, if any, the amount of pension commuted will be deducted from the said amount while making monthly disbursements.



5. The consolidation of pension will further be subject to the provision that the consolidated pension, in no case shall be lower than fifty percent of the minimum of the pay in the pay band plus the grade pay corresponding to the pre revised scale from which the pensioner had retired/discharged including Military Service Pay and ‘X’ Group pay where applicable.



 For example, if a pensioner had retired in the pre-revised scale of pay of 6600 – 170 – 9320, the corresponding pay band being 9300 - 34800 and the corresponding grade pay and Military Service Pay being Rs. 4,600/- and Rs. 2,000/- respectively, his minimum guaranteed pension would be 50% of Rs. 9300 + Rs 4600 + 2000 i.e. Rs 7,950 for 33 years of qualifying service. The pension so calculated will be reduced pro-rata, where the pensioner had less than the maximum required service of 33 years for full pension and in no case it will be less than Rs. 3,500/-. In case the pension consolidated as per Para 4.1 above is higher than the pension calculated in the manner indicated above, the same (higher consolidated pension) will be treated as Basic Pension with effect from 1.1.2006.



B.         MoD, vide No. 12 (1)/2014/D (Pen/Policy) – Part II dated 3.2.2016 has stated as follows:



6….. If revised pension as on 1.7.2014 worked out in terms of these orders happens to be less than the existing pension/family pension as on 1.7.2014, the pension shall not be revised to the disadvantage of the pensioner.



            10. The OROP shall be basic pension from 1.7.2014…..”



C.         GOI, MOD letter No. 1(2)/2016 - D(Pen/Pol) dated 30th September 2016

         

4…… Therefore, it has been decided that w.e.f. 1.1.2006 revised consolidated pension and family pension of pre-2006 armed forces pensioners shall not be lower than 50% and 30% respectively of the minimum of the pay in the Pay Band plus Grade Pay corresponding to the pre-revised scale from which the pensioner had retired/discharged/invalided out/died including Military Service Pay and Group X pay, if any, without pro-rata reduction of pension even if they had rendered qualifying service of less than 33 years  at the time of retirement. Accordingly, Para 5 of this Ministry’s letter dated 11.11.2008 would stand modified to this extent.”



D.         The Govt of India (and MoD) has approved (GoI, MoD letter No. 17 (01)/2016-D (Pen/Pol) dated 29th October 2016) that pension in the 7th CPC dispensation would be based on notional pay on the date of retirement/death. The exact wordings are as follows:



It was provided in the ibid Govt letter (GoI, MoD letter No. 17 (01)/2016-D (Pen/Pol) dated 29th October 2016. It was provided in the ibid Govt letter that the revised pension/family pension w.e.f. 1.1.2016 of pre-2016 pensioners/family pensioners shall be determined by multiplying the Basic Pension (before commutation/Basic Family Pension (exclusive of Dearness Relief) as has been drawn on 31.12.2015 by 2.57 to arrive at revised pension under 7th CPC.



3. Revised pension/family pension of all Armed Forces Personnel who retired/died prior to 01.01.2016 shall be revised by notionally fixing their pay in the pay matrix recommended by the 7th CPC in the level corresponding to the pay in the pay scale/pay band and grade pay at which they retired/died. This will be done by notional pay fixation under each intervening Pay Commission based on the formula for revision of pay. The revised rates of Military Service Pay, Non-Practising Allowance, where applicable and ‘X’ Group pay & Classification Allowance for  JCOs/ORs, if applicable notified in terms of 7th CPC orders, shall also be added to the amount of pay notionally arrived at under the 7th CPC matrix and shall be termed as notional reckonable emoluments as on 01.01.2016….”             



E: Some back of the envelope figures



Minimum Notional Pay of Lt Col viz. PIPB Rs 37400 + GP 8000 + MSP 6000 = Rs 51400 and pension Rs 25700 in the 13th year of service.



With an annual increment of 3%, the Lt Col’s Notional Pay works out to Rs 55840 + 6000 = Rs 61840. Pension would therefore be Rs 30920 (rounded off to nearest Rs 10/-). 



However, Table 1 of Circular 555 shows the pension of Lt Col at 20 years service as Rs 31305 i.e. the Notional Pay is Rs 62610.  



But Annexure A of Circular 568 shows minimum Notional Pay for Lt Col (TS) as Rs 52530 and pension as Rs 26265.





Some (un)helpful tables? Some have forwarded these on WhatsApp. Hope they have checked accuracy as some figures have been intentionally changed to catch those plagiarists.

Remember what your pay + RP or PIPB+GP+MSP was on the date of your retirement?





Capt/Lt/Flt Lt

Component
4th Pay +RP
4th Pension
5th Pay + RP
5th Pension
6th Basic
6th Pay
6th Pension
7 CPC  Basic
Pension
Family Pension

Xplier/Increment
Rs 100 pa
50%
Rs 300 pa
50%
3%
Basic + GP+MSP
50%

50%
30%

Rk Pay/ MSP/ Grade Pay
200
400
6100/6000
15500

1
3000
1500
10000
5000
15600
27700
13850
61300
38400
23000

2
3100
1550
10300
5150
16260
28360
14180
63100
39300
23600

3
3200
1600
10600
5300
16940
29040
14520
65000
40300
24200

4
3300
1650
10900
5450
17640
29740
14870
67000
41300
24800

5
3400
1700
11200
5600
18360
30460
15230
69000
42300
25400

6
3500
1750
11500
5750
19100
31200
15600
71100
43300
26000

7
3600
1800
11800
5900
19860
31960
15980
73200
44400
26600

8
3700
1850
12100
6050
20640
32740
16370
75400
45500
27300

9
3800
1900
12400
6200
21450
33550
16775
77700
46600
28000

10
3900
1950
12700
6350
22280
34380
17190
80000
47800
28700

11
4000
2000
13000
6500
23140
35240
17620
82400
49000
29400

12
4100
2050
13300
6650
24020
36120
18060
84900
50200
30100

13
4200
2100
13600
6800
24930
37030
18515
87400
51500
30900

14
4300
2150
13900
6950
25870
37970
18985
90000
52800
31700

15
4400
2200
14200
7100
26830
38930
19465
92700
54100
32500

16
4500
2250
14500
7250
27820
39920
19960
95500
55500
33300

17
4600
2300
14800
7400
28840
40940
20470
98400
57000
34200

18
4700
2350


29890
41990
20995
101400
58500
35100

19
4800
2400


30970
43070
21535
104400
60000
36000

20
4900
2450


32090
44190
22095
107500
61500
36900

21
5000
2500





110700
63100
37900

22
5100
2550





114000
64800
38900

23
5200
2600





117400
66500
39900

24
5300
2650





120900
68200
40900

25







124500
70000
42000

26







128200
71900
43100

27







132000
73800
44300

28







136000
75800
45500

29







140100
77800
46700

30







144300
79900
47900

31







148600
82100
49200

32







153100
84300
50600

33







157700
86600
52000

34







162400
89000
53400

35







167300
91400
54800

36







172300
93900
56300

37







177500
96500
57900

38







182800
99200
59500

39







188300
101900
61100

40







193900
104700
62800













Maj/Lt Cdr/Sqn Ldr

Component
4th Pay +RP
4th Pension
5th Pay + RP
5th Pension
6th Basic
6th Pay
6th Pension
7 CPC  Basic
Pension
Family Pension

Xplier/Increment
Rs 100 pa
50%
Rs 300 pa
50%
3%
Basic + GP+MSP
50%

50%
30%

Rk Pay/ MSP/ Grade Pay
600
1200
6600/6000
15500

1
4000
2000
12800
6400
15600
28200
14100
69400
42500
25500

2
4100
2050
13125
6563
16270
28870
14435
71500
43500
26100

3
4200
2100
13450
6725
16960
29560
14780
73600
44600
26700

4
4300
2150
13775
6888
17670
30270
15135
75800
45700
27400

5
4400
2200
14100
7050
18400
31000
15500
78100
46800
28100

6
4500
2250
14425
7213
19150
31750
15875
80400
48000
28800

7
4600
2300
14750
7375
19930
32530
16265
82800
49200
29500

8
4700
2350
15075
7538
20730
33330
16665
85300
50400
30200

9
4800
2400
15400
7700
21550
34150
17075
87900
51700
31000

10
4900
2450
15725
7863
22400
35000
17500
90500
53000
31800

11
5000
2500
16050
8025
23270
35870
17935
93200
54400
32600

12
5100
2550


24170
36770
18385
96000
55800
33500

13
5200
2600


25100
37700
18850
98900
57200
34300

14
5300
2650


26060
38660
19330
101900
58700
35200

15
5400
2700


27040
39640
19820
105000
60300
36200

16
5500
2750


28050
40650
20325
108200
61900
37100

17
5600
2800


29090
41690
20845
111400
63500
38100

18
5700
2850


30170
42770
21385
114700
65100
39100

19




31280
43880
21940
118100
66800
40100

20




32420
45020
22510
121600
68600
41100

21







125200
70400
42200

22







129000
72300
43400

23







132900
74200
44500

24







136900
76200
45700

25







141000
78300
47000

26







145200
80400
48200

27







149600
82600
49500

28







154100
84800
50900

29







158700
87100
52300

30







163500
89500
53700

31







168400
92000
55200

32







173500
94500
56700

33







178700
97100
58300

34







184100
99800
59900

35







189600
102600
61500

36







195300
105400
63200

37







201200
108400
65000

38







207200
111400
66800













Lt Col/Cdr/Wg Cdr

Component
4th Pay + RP
4th Pension
5th Pay + RP
5th Pension
6th Basic
6th Pay
6th Pension
7 CPC  Basic
7th Pension
Family Pension

Xplier/Increment
Rs 100 pa
50%
Rs 400 pa
50%
3%
Basic + GP+MSP
50%

50%
30%

Rk Pay/ MSP/ Grade Pay
800
1600
8000/6000
15500

1
4700
2350
15100
7550
37400
51400
25700
121200
68400
41000

2
4800
2400
15500
7750
38770
52770
26385
124800
70200
42100

3
4900
2450
15900
7950
40180
54180
27090
128500
72000
43200

4
5000
2500
16300
8150
41630
55630
27815
132400
74000
44400

5
5100
2550
16700
8350
43120
57120
28560
136400
76000
45600

6
5200
2600
17100
8550
44660
58660
29330
140500
78000
46800

7
5300
2650
17500
8750
46240
60240
30120
144700
80100
48100

8
5400
2700
17900
8950
47870
61870
30935
149000
82300
49400

9
5500
2750
18300
9150
49550
63550
31775
153500
84500
50700

10
5600
2800
18700
9350
51280
65280
32640
158100
86800
52100

11
5700
2850


53060
67060
33530
162800
89200
53500

12
5800
2900


54900
68900
34450
167700
91600
55000

13
5900
2950


56790
70790
35395
172700
94100
56500

14




58740
72740
36370
177900
96700
58000

15




60750
74750
37375
183200
99400
59600

16




62820
76820
38410
188700
102100
61300

17




64950
78950
39475
194400
105000
63000

18




67140
81140
40570
200200
107900
64700

19







206200
110900
66500

20







212400
114000
68400

























Col/Capt (IN)/Gp Capt

Component
4th Pay + RP
4th Pension
5th Pay + RP
5th Pension
6th Basic
6th Pay
6th Pension
7 CPC  Basic
7th Pension
Family Pension

Xplier/Increment
Rs 100 pa
50%
Rs 400 pa
50%
3%
Basic + GP+MSP
50%

50%
50%

Rk Pay/ MSP/ Grade Pay
1000
2000
8700/6000
15500

1
5500
2750
17000
8500
37400
52100
26050
130600
73100
43800

2
5600
2800
17450
8725
38790
53490
26745
134500
75000
45000

3
5700
2850
17900
8950
40220
54920
27460
138500
77000
46200

4
5800
2900
18350
9175
41690
56390
28195
142700
79100
47500

5
5900
2950
18800
9400
43210
57910
28955
147000
81300
48800

6
6000
3000
19250
9625
44770
59470
29735
151400
83500
50100

7
6100
3050
19700
9850
46380
61080
30540
155900
85700
51400

8
6200
3100
20150
10075
48040
62740
31370
160600
88100
52800

9
6300
3150
20600
10300
49750
64450
32225
165400
90500
54300

10
6400
3200
21050
10525
51510
66210
33105
170400
93000
55800

11
6500
3250


53320
68020
34010
175500
95500
57300

12
6600
3300


55190
69890
34945
180800
98200
58900

13
6700
3350


57110
71810
35905
186200
100900
60500

14




59090
73790
36895
191800
103700
62200

15




61130
75830
37915
197600
106600
63900

16




63230
77930
38965
203500
109500
65700

17




65390
80090
40045
209600
112600
67500

18




67620
82320
41160
215900
115700
69400













Brig/Cmde (IN) /Air Cmde

Component
4th Pay + RP
4th Pension
5th Pay +RP
5th Pension
6th Basic
6th Pay
6th Pension
7 CPC  Basic
7th Pension
Family Pension

Xplier/Increment
Rs 150 pa
50%
Rs 450 pa
50%
3%
Basic + GP+MSP
50%

50%
30%

Rk Pay/ MSP/ Grade Pay
1200
2400
8900/6000
15500

1
6150
3075
19100
9550
37400
52300
26150
139600
77600
46500

2
6300
3150
19550
9775
38790
53690
26845
143800
79700
47800

3
6450
3225
20000
10000
40230
55130
27565
148100
81800
49100

4
6600
3300
20450
10225
41710
56610
28305
152500
84000
50400

5
6750
3375
20900
10450
43230
58130
29065
157100
86300
51800

6
6900
3450
21350
10675
44800
59700
29850
161800
88700
53200

7
7050
3525
21800
10900
46420
61320
30660
166700
91100
54700

8
7200
3600
22250
11125
48080
62980
31490
171700
93600
56200

9
7350
3675
22700
11350
49790
64690
32345
176900
96200
57700

10
7500
3750
23150
11575
51560
66460
33230
182200
98900
59300

11
7650
3825


53380
68280
34140
187700
101600
61000

12
7800
3900


55250
70150
35075
193300
104400
62600

13
7950
3975


57180
72080
36040
199100
107300
64400

14
8100
4050


59170
74070
37035
205100
110300
66200

15




61220
76120
38060
211300
113400
68000

16




63330
78230
39115
217600
116600
69900

17




67000
81900
40950
















Maj Gen/R Adm/Air Vice Mshl

Component
4th Pay
4th Pension
5th Pay
5th Pension
6th Basic
6th Pay
6th Pension
7 CPC  Basic
7th Pension
Family Pension

Xplier/Increment
Rs 200 pa
50%
Rs 500 pa
50%
3%
Basic + GP+MSP
50%

50%
30%

Rk Pay/ MSP/ Grade Pay
Nil
Nil
10000/Nil
15500

1
5900
2950
18400
9200
53000
63000
31500
144200
72100
43300

2
6100
3050
18900
9450
54890
64890
32445
148500
74300
44600

3
6300
3150
19400
9700
56840
66840
33420
153000
76500
45900

4
6500
3250
19900
9950
58850
68850
34425
157600
78800
47300

5
6700
3350
20400
10200
60920
70920
35460
162300
81200
48700

6
6850
3425
20900
10450
63050
73050
36525
167200
83600
50200

7
7000
3500
21400
10700
65250
75250
37625
172200
86100
51700

8
7150
3575
21900
10950
67510
77510
38755
177400
88700
53200

9
7300
3650
22400
11200
69840
79840
39920
182700
91400
54800

10




72240
82240
41120
188200
94100
56500

11




74710
84710
42355
193800
96900
58100

12




77260
87260
43630
199600
99800
59900

13




79880
89880
44940
205600
102800
61700

14




82580
92580
46290
211800
105900
63500

15




85360
95360
47680
218200
109100
65500













Lt Gen/V Adm/Air Mshl HAG

Component
4th Pay
4th Pension
5th Pay
5th Pension
6th Basic
6th Pay
6th Pension
7 CPC  Basic
7th Pension
Family Pension

Xplier/Increment
Rs 100 pa
50%
Rs 500 pa
50%
3%
Basic + GP+MSP
50%

50%
30%

Rk Pay/ MSP/ Grade Pay
Nil
Nil
Nil
Nil

1
7300
3650
22400
11200
69000
69000
34500
182200
91100
54700

2
7400
3700
22950
11475
71070
71070
35535
187700
93900
56300

3
7500
3750
23500
11750
73210
73210
36605
193300
96700
58000

4
7600
3800
24050
12025
75410
75410
37705
199100
99600
59700

5
7700
3850
24600
12300
77680
77680
38840
205100
102600
61500

6
7800
3900
25150
12575
80020
80020
40010
211300
105700
63400

7
7900
3950
25700
12850
82430
82430
41215
217600
108800
65300

8
8000
4000
26250
13125
84910
84910
42455
224100
112100
67200













Lt Gen/V Adm/Air Mshl : HAG+

Component
4th Pay
4th Pension
5th Pay
5th Pension
6th Basic
6th Pay
6th Pension
7 CPC  Basic
7th Pension
Family Pension

Xplier/Increment




3%
Basic + GP+MSP
50%

50%
30%

Rk Pay/ MSP/ Grade Pay
Nil
Nil
Nil
Nil
1




75500
75500
37750
205400
102700
61600
2




77770
77770
38885
211600
105800
63500
3




80110
80110
40055
217900
109000
65400
4




82520
82520
41260
224400
112200
67300






















































21 comments:

  1. Sir, without first having a rationalization of OROP, any fixation of a "notional pay" under 7CPC, or revision of 7CPC pensions based on the same, has the potential of causing further confusion.

    Unless the concept of QS is tied in with notional pay, as well as with the concept of migrating older retirees to higher current matrix levels commensurate with their QS, the whole issue of pensions for ESM will remain riddled with anomalies.

    I do not think the older Govt letters can address these issues.

    Some of the possible anomalies were brought out here https://goo.gl/beqmPS .

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    Replies
    1. Sir,

      1. Rationalisation of OROP is available in the 7.11.2015 letter and posts in this blog as disclosed by DESW as to assumptions adopted by O/o CGDA for the calculations.

      2. How will you tie the QS to the Notional pay on date of retirement/death? Officers/ORs commissioned/enrolled & attested on the same date may be promoted on different dates. Thereby, having different pay on the dates of retirement/death, though from the same course.

      3. As I understand, and use the Excel sheet, with the transition formula from CPC to CPC formula) at the civilian concordance tables indicate that even pre-1986 pensioners have been stepped up to the 7 CPC pay matrix based on pay drawn on 1.1.1986.

      4. Are the civilian concordance tables incorrect? Already two amendments have been issued by DOPPW but only for Levels 13, erstwhile GP of Rs 8700, on 18.7.2017 and 14. erstwhile GP Rs 10000, on 13.9.2017 so far.

      5. And what happens to those Cols and Brigadiers whose notional pay on date of retirement was Rs 81700/- and 81900/- respectively?


      So how would you resolve the anomalies is the subject of the post so that I can learn more, and look at the subject from different points of view.

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    2. Sir,

      My impressions on those issues are as follows:

      1. The GOI letter of 2015 merely highlights the manner in which OROP fixation took place which resulted in several anomalies, still awaiting rationalization as per recommendations of OMJC, as your blog post of 02 May 2018 so clearly underlines.


      2. Total QS is a check-point in the case of ranks which are currently awarded on a time-bound basis, for ensuring a person who retired with a certain QS in the past, say prior to 2006 in the case of Officers, has parity of pension with a current retiree in a time-bound rank of the same cadre and type of commission with the same QS as the older retiree. I had brought out the likely impact on pensions of retirees with Sqn Ldr and Wg Cdr ranks (and equivalents) here https://goo.gl/sWCpGs .

      3. I have seen on other forums and blogs as well that issues for time-bound promotions are clearer to understand and easier to tabulate. These serve to underline how fixations under previous CPCs as well as in OROP miss the underlying principle of "inter temporal parity" which 7CPC itself focused on with great emphasis.


      4. In the case of retirees in ranks which are presently selection-based, the notional pay does need to take into account at what stage of the matrix the older retiree would have migrated, based on his QS at promotion, to the level currently fixed for that rank in the matrix and the stage in the matrix fixed for him would then need to reflect his years of service in that rank.


      5. As far as differences in pay at retirement between retirees goes, most of the CPCs have always smoothened out these gaps by fixing pensions at the same level for older retirees, albeit by the "lowest in pay-band" principle. After VI CPC, pensions of even those who had served for 20 years were raised to the level of those who had served till super-annuation with much higher QS, by removing the proportional deduction in case of the former, the issue now being that older retirees who had served for longer than 20 years need to be fixed proportionally higher compared to those who retired at 20 years.


      6. After OROP the whole paradigm has changed. In the case of civilians and their concordance tables, some of the considerations of differences between levels and stages of older and present pensioners may not apply. So comparisons would be difficult. Some of the inter-connected and cross-linked ideas that reflect on a fairer and more equitable fixation of OROP pensions were tagged by me under OROP

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  2. It is very confusing so, let's make it simple. All those officers who has color service more than 33 yrs service be fixed at the max of the index ie at the 20th level and that should be his notional pay and pension. that's 212000 + 15500 = 227500/2 = 113750/- for a Lt Col and accordingly for col and others as it was finally done after OROP.

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    Replies
    1. Than what happens to unfortunate people like Major Generals, Lt Generals and Army Cdr equivalents without MSP? It is a settled law that a junior cannot draw more than a senior. Today pension of Army Cdr is Rs 1,25,000!

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  3. Sir,
    All pre-2006 retirees if given pension for their length of service and rank as per the pay scales/pay matrix laid for each Pay Commission era. It will amount OROP.I will bring out certain examples here about officers retiring in 7th CPC. A Lt Col with 20 years’ service had spent 7 years in Lt Col Rank. He then would be drawing basic pay immediately before retirement as per 7th CPC pay matrix is Rs 144700 + MSP 15500 = Total pay drawn immediately before retirement is 160200, then his pension will be Rs 80100/- and this amount of pension will prevail during entire 7th pay commission because Lt Cols with 20 years’ service retiring in any year (from Jan 2016 to Dec 2025) would be getting same pension of Rs 80100/- unless the pay matrix or MSP is revised with hike.
    Similarly, a Lt Col with 25 years’ service would have spent 12 years in Lt Col rank and his last pay drawn immediately before retirement as per 7th CPC Pay Matrix is Rs 167700 + MSP 15500 = Total pay 183200, thus his pension on retirement will be 50% of last pay drawn = 183200*.5= Rs 91600/- This is better than any OROP. This pension for Lt Cols 25 years’ service would prevail for entire 7th CPC era unless there is any revision made by the Govt either in pay matrix or in MSP.
    A Lt Col with 30 years’ service would have spent 17 years in Lt Col rank and his last pay drawn immediately before retirement as per 7th CPC Pay Matrix is 194400 plus MSP 15500 = Total pay 209900 and his pension on retirement in any year during 7th CPC will be Rs 104950 (209900*.5).
    A Lt Col with 33 years’ service would have spent 20 years in Lt Col rank and his last pay drawn immediately before retirement as per 7th CPC Pay Matrix is 212400 plus MSP 15500 = Total pay 227900 and his pension on retirement any time in 7th CPC era would be Rs 113950 (227900*.5)
    Service for above 33 years would be worked out by granting 3% annual increment beyond 33 years since the 33 years’ rule has been scrapped in 6th CPC.
    The blunder which Govt has done is granting pension of 26265 per month for aa Lt Cols with 20 years to 38 years qualifying service from 01 Jan 2006 when the 33 years’ rule was scrapped can never be justified in any way.
    Implementing pay commission pay matrix in every pay commission for all officers irrespective of date and year of retirement would be much better than OROP. Why should OROP carry annual increment? I will quote a simple example. There are two Lt Cols with 20 years of service. One retires at 20 years and the other one continues in service. The person retires after 20 years he would always get pension for 20 years’ service only and the officer who continued in service may serve for 33 years and he gets pension for 33 years’ service. This clearly indicates that the active service grants increments for every year whereas a retiree getting pension for fixed number of years would keep getting pension for life time for the fixed years of service he had.

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    Replies
    1. Sir, there may be no Lt Col with 33 years service and 20 years in the rank because AVSC promotes him in 13th year and his superannuation is 52 years? Or am I wrong?

      Would notional pay dependent pension put to rest the OROP as you have stated in your last paragraph? Then what happens to OROP?

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    2. Sir,
      As per Pension Regulations 2008, pension is based on length of qualifying service. I do have 38 yrs of qualifying service as Lt Col. There are Lt Col who retired with 30 to 33 yrs service. Officers from ranks like me would be having qualifying service up to 40 yrs. 100% rank service is counted towards ICO's pension by the govt.

      If we see pay matrix of 7th cpc, the pay given therein plus MSP would be much higher than what we are being paid as pension in the name of OROP. If an officer retiring in 7th cpc with certain length of service he will be getting pay as per 7th cpc pay matrix only and when he retires he gets 50% of the pay given in pay matrix then why don't we get same pension having same rank and same length of service. What I submit is that the OROP should be same and matching with the pay matrix of the 7th cpc during 7th cpc era. OROP scales should not be drawn separately but the pay matrix of the serving officers would be implemented for past retirees and they should be given 50% of the pay in pay matrix plus 50% of MSP as pension which the officers retiring during 7th cpc are getting. If you see our OROP table, out of 66 cells only 36 cells do carry increments in the service bracket up to 33 years then what about rest of the cells. Such pay fixation is not there in pay matrix.

      Comparison between OROP scales and 50% of pay given in 7th cpc pay matrix would clearly bring out as to what I am trying to say.

      Regards

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    3. The Expert Committee, of which Maj Navdeep Singh was a member, has this to state in its observations and recommendations with respect to Pension Regulations 2008: -

      2.4.8. Suspect legality of Pension Regulations, 2008 and Entitlement Rules 2010: The above Regulations have been issued without due process and without concurrence of the Deptt of Pensions & Pensioners Welfare as required under the Rules of Business. When we raised the question about the legality of the Pension Regulations, it was intimated to us by representatives of DESW that as also informed to the top echelons of DESW the new Pension Regulations 2008 were merely a collection of latest policies issued from time to time and made no substantive or material changes to Pension Regulations 1961 or to existing Government instructions. This contention is incorrect and we have pointed out in detail how these Regulations are not legal and how material and substantive changes have been made through the backdoor and the higher echelons of the DESW as well as the then Raksha Mantri were kept in the dark about the process. We have observed that the so-called Pension Regulations 2008 or the Entitlement Rules 2010 have no sanctity of law as far as alteration of entitlements is concerned. The same can at best be adopted to regulate procedural aspects and if there is a conflict between the same and the actual Pension Regulations 1961 or Entitlement Rules 1982 thereby affecting the rights of pensioners negatively then the Regulations of 1961 and Entitlement Rules 1982 shall prevail to determine the entitlement

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    4. My understanding is that pension would be 50% of the notional pay + RP +increments in 4 CPC; multiplied by 40% + RP + increments in 5 CPC'; multiplied by 1.84 +increments + MSP in 6 CPC and fixed in the 7CPC matrix + MSP.

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    5. Sir, The tables are a great help. I will totally side-step logic or accuracy of the calculations but strive to illustrate my previous comment about QS and its relevance.

      If you could consider incorporating a column for QS, alongside the respective increment column, under each successive CPC section of your table for, say Wg Cdr and equivalent, you'd be able to view at a glance how pensions of older retirees could get pegged at levels corresponding to those applying to current retirees with much less QS.

      That would be contrary to all concepts and principles underlying OROP and the much emphasised "inter temporal equity".

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    6. Sir,

      The column on extreme left in each table indicates the service in the rank.

      Secondly, permit me to provide some details as I was posted in Air HQ (P Staff) in 1977.

      Till 1977 (when the Deep Selection policy was approved), promotions of Sqn Ldrs/Wg Cdrs/Gp Capts of a particular branch to the next higher rank happened whenever a vacancy arose. Every Sqn Ldr/Wg Cdr/Gp Capt of the particular course was considered and, if found fit, was approved for promotion. There wasn't a Select List or a Reserve List. However, the officer was promoted to the appropriate next higher rank when the vacancy of arose or continued to be a Sqn Ldr/Wg Cdr/Air Cmde till he superannuated. It was not strange to see Air HQ (P Staff) sending out letters in which Para 1 congratulated the officer on being selected for promotion and Para 2 regretted that he could not be promoted because of lack of a vacancy. The officer might have waited anywhere between 1 and 5 years before he was promoted or superannuated.

      When the Deep Selection Policy was introduced, all officers of a particular course were considered in the year and depending on the vacancies, and merit, placed in the Select Main List (SML) and Select Reserve List (SRL). Officers in the SML were promoted by Service number whereas, if an officer in the SML was medically unfit or on deputation, his seniority was protected, and the officer(s) in the SRL was promoted by or before 31 Mar of the succeeding year. The seniority list was rearranged on 31 Mar of the succeeding year.

      Those placed in the SRL but not promoted and those not promoted went into the consideration zone for the second Board and were joined by a fresh course in the next year. And the process continued.

      In 2005, every Wg Cdr who was not promoted either in the SML or SRL was promoted to the rank after AVSC but their seniority was not rearranged vis-a-vis those from their own course promoted in the SML or SRL before 2005 i.e. their Reckonable Emoluments (Notional Pay) differed.

      Therefore, the QS anomaly arises because those commissioned on the same date but promoted on different dates and/or years, consequently, will have different Reckonable Emoluments (notional pay).

      The above aspects of promotion time frames (which differed between branches) and between Army, Navy and Air Force, and representations by many Armed Forces officers with higher residency in a rank as reflected in the briefing prepared for MPs of the Lok Sabha and available in the public domain, may probably have been the conundrum faced which has led to protection of pension above the average pension for a particular rank and years of service.

      Please incorporate a column for QS under each successive CPC, given the above mentioned for me to understand as an example.

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    7. Sir, the situation relating to promotion policies of the past, so clearly explained by you, made for some truly scintillating reading and brought back vivid memories of the era when some features of deep selection were first touched on by our RO, to me and others in an assembly of officers of the unit. The whole issue lay in the distant future then for the likes of me who were just starting our careers at the time. Little did I know how the matter would take on so much importance in decades to follow.

      It also underlines the complexity involved in basing any current pension fixation on residency in a particular rank for older retirees.

      But based on how past CPCs have smoothened out issues arising from differences in promotion policies and also on the underlying concepts of OROP, it becomes clear there has to be parity between pensions of older and current Officer retirees based on their QS, branch as well as type of commission (eg Parity of current and older retirees with Branch Commissions may have to be considered separately from older and current retirees with PCs due to differences in policies relating to time-bound promotions).

      I have mentioned this previously as well, there is a clear cut basis of pension parity in the case of ranks which are currently given on time-bound basis. This involves taking the QS of older retirees into account and not just the number of increments earned or period of residency in a rank. And, taking a step further, it also requires a parity based on a notional progression of older retirees to the next higher level in the matrix if their QS so warrants (eg Level 12-A instead of Level 11 for older PC Sqn Ldr retirees with service more than 20 years).

      The issue is less clear for those retirees who were cleared for promotion in the pre deep-selection era but were not given the promotion. Parities, based on QS as a check-point in notional fixation, may undo some of that damage.

      As mentioned by you, the QS for current retirees can be seen related to matrix stages for Wg Cdr of older and present retirees in this blog-post. The corresponding V CPC QS could be considered as 18 years. Even those who picked up their ranks in subsequent boards at QS of 19 and 20 years or the time-scale rank at QS of 21 years would lose out as compared to current retirees. https://goo.gl/qkBBj3

      There is a further example here https://goo.gl/Q51bqg




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    8. But you have not taken into effect that there were some set stages till the maxim of the pay for each rank was reached.

      Then, in the Air Force, the F Branch Sqn to Wg Cdr was considered in the 16th year and the Ground Duties in the 18th but the integrated pay scale in the 4 CPC assumed that Maj to Lt Col would be in the 17th year.

      Even in F Branch the ratio was 9 fighter pilots: 7 transport/helicopter pilots:3 Navigators commissioned in the same year!

      Similarly in AE Branches and between Adm/Lgs/Accts etc

      And would not elevating one from say Level 12 to 13 irrespective of rank be a promotion and would Level 13 by merit officers agree?

      The Army's Command and Exit policy has Zero year for Arms, Zero plus one year for Combat Support and Zero plus 2 years for Services - all from the same course!

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    9. Sir, As the past CPCs have demonstrated, these branch-wise differences are harmonized in tables for older, pre-CPC pensioners. Previously, the problem was pensions of older pensioners were fixed at minimum of pay in pay-band but there were no branch-wise differences other than the standard differentiation between Commissioned Officers of AMC/ADC/RVC/TA/MNS having their separate tables and all the rest having a separate common table based on QS.

      Even if we consider the earlier starting point, that applied before AVSC implementation, of 16 years of QS for, say, Wg Cdrs of the Flying Branch, we find Flying Branch Wg Cdr retirees of the pre Dec 2004 era would still lose out in terms of pension vis-à-vis current retirees of the same branch in the same rank with equal QS. That is why, I had mentioned in my blog-post that readers would need to compare their own QS and pension with that of current retirees as given in the table here goo.gl/qkBBj3.

      Now, the issue connected with time-bound ranks is a lot simpler. If an officer with a PC retired with, say 28 years of service as Wg Cdr or Wg Cdr(TS) in 2001, his notional pay based on just increments that he had earned might come to the pay of a current Wing Commander with far less service than him. This would defeat the very logic of OROP or "Inter Temporal Equity".

      Also that 2001 Wg Cdr pensioner needs to have pension parity with a current Gp Capt(TS) pensioner with equal service ie 28 years. This is in line with the recent judgements and decisions that provide for Lt Col pensions to older Maj retirees with 21 years of service, albeit on different grounds. Giving pension parity with a higher time-bound rank would not amount to giving a post-retirement promotion to the earlier retiree. The "merit" aspect does not affect this matter as these are time-bound current-promotions and the notional progression of pensions for older pensioners for time bound ranks would need to follow a downward and sideways path for ensuring "Inter Temporal Equity" and "Equal Remuneration For Equal Work". The pension progression for correct parity can best be stated as in the table linked to in this post goo.gl/ykFh8o

      Another important thing to consider is that there would not be much of an issue in applying an increment based notional-pay approach to retirees of VI CPC regime. The increments and grade-pay and pay-bands correspond closely to the levels and stages of VII CPC Matrix. There would not be much of an issue for such retirees in terms of QS based pension parity. It is the earlier retirees who would be affected.



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    10. Sir, as a further clarification in respect of your observations, the following needs to be considered:

      *"..not taken into effect that there were some set stages till the maxim of the pay for each rank was reached" : The tables in my blogposts https://goo.gl/qkBBj3 and https://goo.gl/Q51bqg relate to whatever stage an older retiree had retired at and the corresponding QS and increment stage in the 7CPC Matrix of a current retiree in a timebound rank, there being no "set stages" in the current matrix.

      *"...Army's Command and Exit policy...": That would not affect the comparison being made on the increments actually earned by a V CPC regime retiree with a specific QS and the corresponding QS of a current retiree with the same number of increment stages in the Matrix.

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    11. Is there a legal precedent by which you are moving Wg Cdr/officer to the next higher level after retirement?

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    12. Sir, no one gets "moved" to the next higher level. The stage in the next higher level indicates where pension parity needs to lie for older and current retirees with the same QS and type of commission in ranks which are presently given on time-bound ie QS basis.

      As I had mentioned previously, some of the older Sqn Ldr retirees did get pension parity with Wg Cdrs of equal service after the former had retired. They were not "moved" to a higher rank. Though, of course, that was in a different context. But it does establish that giving pension parity to a lower time-bound rank pensioner vis-a-vis a higher time-bound rank pensioner on a principled set of criteria is possible.

      To put it another way, the legal precedence of an Officer who retired as Sqn Ldr with 20 years of service in the past getting less pension than a Wg Cdr (now on time-bound basis) retiree in Dec 2004 is what needs to be questioned.

      The tables and notional progress to higher levels merely serve to illustrate the logic that service rendered for x years with one type of commission has to have some bearing on the matter when we are considering parity of pensions of time-bound ranks, old and current, keeping the QS of currently retiring Officers.

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    13. From a plain reading of the ratio in the Nakara and Vains cases, a senior officer must NOT be paid less pension than a junior, and amongst a class/rank there cannot be two different rates of pension based on an arbitrary date of cut off.

      How does one extend that logic to Sqn Ldrs with 20 years of service being paid same pension as Wg Cdrs retiring with 20 years after 16.12.2004?

      Further, OROP does provide the same pension for the same rank for the same number of years of service. Neither the AVSC nor the JSM 2015 has extended that benefit which per se is it your argument that junior officers of yore with 20 or more years of service must be paid what officers with similar amount of service are paid, rank nothwitstanding? Then what happens to Gp Capts and Air Cmdes, AVMs and Air Mshls of yore?

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    14. Sir, no officer retiree (Sqn Ldr or Wg Cdr) would be paid more than a retiree in a higher rank if pension parities are implemented at QS of 20 and 26 years respectively.

      But if we consider the matrix, a current Wg Cdr at stage 10 in level 12A would have a pay of 152200 and a Gp capt at stage 6 in Level 13 would have a lower pay of 145700. So how will the yardstick of higher pension for the higher rank apply in these two cases where no pension parity with the next higher level is even being considered?

      The judgement in the case of D. S. Nakara And Others Vs Union Of India, I presume you have referred to Writ Petitions Nos. 5939-5941 of 1980, was in a different context. But it is full of references to arbitrariness of cut-off dates and homogeneous classes which most directly apply when time-bound ranks are to be considered.

      As for the reference to the case of Maj Gen SPS Vains and erstwhile retirees in Gp Capt and higher ranks, these all apply to select ranks and have no co-relation with retirees in time-bound ranks. Select rank retirees would not be affected to any parities introduced for time-bound ranks.

      Even now there are pensioners in Gp Capt(TS) ranks. If at all they draw more pension than select Gp Capt retirees with less QS, then that forms a legal precedence. But in no case could Air ranks be affected by this concept of QS based parity.

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