Aerial View : Maj Gen and above drawing less than Col and Brig (and equivalent)

Online RTI Request Form Details

RTI Request Details:-

RTI Request Registration number DEXSW/R/2018/50479

Public Authority Department of Ex-Servicemen Welfare

Personal Details of RTI Applicant:-

Name Air Mshl S Y Savur PVSM AVSM retd

Request Details :-

Description of Information Sought

Please refer to reply No. 1 (7)/2017/D (Pen/Policy) dated 22/23.2. 2018 in reply to a pension filed with the Defence Minister regarding lesser pay and pension of Defence Forces officers in Levels 14 to 17 as compared to officers in Level 13A.

2. The US D (Pen/Pol) had stated that the matter is under examination. Please see supporting document.

3. Please provide information by way of photocopies of the file notings and related material on file so that one may know the latest position.

Aerial View: - Please note that the correspondence (usually on the right side of the file) and the file notings on the left side of the file) have been re-arranged sequentially for easier reading. Further duplicated correspondence has been omitted.

Reply received on 30 Jul 18 vide MoD F No. 237/RTI/2014/D (Pen/Pol) – Part II dated 24 Jul 18

Ministry of Defence

Department of Ex-Servicemen Welfare

D (Pension/Policy)

Correspondence

Sheet No. 1

PC-B/39046/Pay.Pension/Maj Gen/AG/PS-5

ADJUTANT GENERAL BRANCH

AG/PS-5

RECTIFICATION OF ANOMALY IN THE PENSION

ENTITLEMENT IN THE RANK OF MAJOR GENERAL & ABOVE

-1-

Government of India, Ministry of Defence, Deptt of ESW letter No. 17 (4)/2008/D (Pen/Pol) dated 12 Nov 2008

-2-

Copy of Regulation 36 of PRA (Part I), 2008

-3-

TRIPAS Note No. C/7026/VII CPC/73 dated 29 Jun 2017

-4-

1. The proposal related to rectification of anomaly in the pension entitlement in the rank of Major General and above.

2. Pension Regulation for the Army (Part - I), 2008 Para 36 with note states:

“Retiring pension of 33 years of qualifying service shall be calculated at 50 percent of average of emoluments reckonable for pension as determined in Regulation 35 above, subject to the ceiling prescribed by the government from time to time. For lesser period pf reckonable qualifying service, the amount of pension shall be reduced proportionately.

Note:

Retiring pension of Lieutenant Colonel, Brigadier or Major General shall not be less than the pension which would have been admissible to him/her as a Major, Colonel (Selection) or a Brigadier as the case may be, had he not been promoted to the higher rank.”

3. Also vide Para 7 of GoI, MoD letter No. 17 (4)/2008 (2)/D (Pen/Pol) dated 12.11.2008 pension protection has been granted only for the rank of Maj Gen as follows:

Note to Para 7:

“The retiring pension of an officer of the rank of Major General and equivalent, shall not be less than the pension which would have been admissible to him as a Brigadier and equivalent, as the case may be, had he not been promoted to higher rank.”

Sheet 2

4. It emerges that while protection of pension with respect to junior rank is available in the ranks of Lt Col, Brig and Maj Gen, no such benefit is extended to rank of Lt Gen who also tend to draw lower pension compared to junior rank. The same can be illustrated as per the table given below: -

S No.	CPC	Brig	Maj Gen	Lt Gen		Army Cdr
				HAG	HAG+
(a)	6^th CPC	67000+8900+6000 =81900 (RE) = 40950 (Pension)	67000+10000 = 77000 (RE) = 38500 (Pension)	79000 (RE) = 39500 (Pension)	80000 (RE) = 40000 (pension)	80000 (RE) = 40000 (pension
(b)	7^th CPC	217600 +15500 =233100 (RE) = 115550 (pension)	218200 (RE) = 109100 (pension)	224100 (RE) = 112050 (pension)	224400 (RE = 112200 (pension)	225000 =112500 (pension)

5. From the above table it clearly emerges that Lt Gens may also avail lower pension amount than Brigs/Maj Gen (whose pension gets stepped up to the level of Brig under the provision of pension protection).

6. In view of the foregoing, it is recommended that provision of Note to Para 7 of GoI, MoD (DESW) letter No. 17 (4)/2008/D (Pen/Pol) dated 12 Nov 2008 may be amended as follows: -

“The retiring pension of an officer of the rank of Major General and equivalent and above shall not be less than the pension which would have been admissible to him as a Brigadier and equivalent and above, as the case may be, had he not been promoted to the higher rank.”

7. It is further highlighted that all Maj Generals and equivalents have stagnated on 1^st year of implementation of 7^th CPC or fist year of promotion which is against the principle advocated by 7^th CPC that no employee should stagnate. It is therefore, very essential to take notional increments up to 58 years of age.

8. It is also recommended to extend the recommended amendments for all the subsequent pension revisions also.

9. This has the approval of AG.

10. Submitted please

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

(Ashok Kumar)

Dy Dir

AG/PS-5

14 Nov 2017

MoD D (Pen/Pol)

File Notes

-1-

File No. 1(07)/2017/D (Pen/Pol)

Subject: Rectification of anomaly in the pension entitlement in the Rank of Major General and above

FR is note dated 14.11.2017 of Dy Dir, AG/PS-5 received in this office in their file No. PC-B/23046/Pay.Pension/Maj Gen/AG/PS-5 on the subject cited above. The same is placed opposite at p.1-2/C for kind perusal please.

2. AG/PS-5 has proposed to extend the benefit of protection of pension to the rank above Major General on the lines of provision mentioned in note to Regulation No. 36 of Pension Regulations for the Army, Part-I (2008) for Lieutenant Colonel. Brigadier or Major General and note to para 7 of MoD letter No. 17 (4)/2008/D (Pen/Pol) dated 12.11.2008 for Major General.

3. Regulation No. 36 of Pension Regulation for the Army, Part –I (2008) with note is reproduced as under:

36. Retiring pension of 33 years of qualifying service shall be calculated at 50 percent of average of emoluments reckonable for pension as determined in Regulation 35 above, subject to the ceiling prescribed by the government from time to time. For lesser period pf reckonable qualifying service, the amount of pension shall be reduced proportionately.

Note: Retiring pension of Lieutenant Colonel, Brigadier or Major General shall not be less than the pension which would have been admissible to him/her as a Major, Colonel (Selection) or a Brigadier as the case may be, had he not been promoted to the higher rank.

4. Note to para 7 of MoD letter No. 17 (4)/2008 (2)/D (Pen/Pol) dated 12.11.2008 is reproduced as under:

Note: The retiring pension of an officer of the rank of Major General and equivalent, shall not be less than the pension which would have been admissible to him as a Brigadier and equivalent, as the case may be, had he not been promoted to higher rank.

5 (erroneously numbered as 3). As per para 4 above, AG/PS-5 has stated that the benefit of pension protection has been granted only for the rank of Maj Gen and also observed that the ranks above Maj Gen i.e. Lt Gens may avail lower pension than Brigs/Maj Gen whose pension gets stepped up to the level of Brig under provision of pension protection.

6 (erroneously numbered as 4). AG/PS-5 further highlighted that all Maj Gen and equivalent had stagnated on 1^st year of implementation of 7^th CPC or first year of promotion which is against the principle advocated by 7^th CPC that no employee should stagnate and also proposed the provision for notional increments up to 58 years of age.

7 (erroneously numbered as 5). In this regard, it is stated that pension is a derivative of last pay drawn and Lt Gens may avail lower pension than Brigs/Maj Gens due to applicability of pay components other than basic pay i.e. MSP up to the rank of Brigadier. As the pay matters for Defence Forces Personnel are dealt in D (Pay/Services), the case may be referred to them to seek comments/views in the matter.

Submitted, please Sd/------------- 21.11.2017

Sr. AO (RK) (P/P) Sd/----------------21/11

US (P/P) Note above explains. In addition, comments of CGDA may also be obtained.

Sd/---------- 21/11

DS (Pen) Sd/----------------- 21/11

JS (ESW) Sd/----------------- 22/11

DS (Pen) Sd/------------------ 22/11

US (P/P) Sd/------------------ 22/11

Sr AO (RK) Sd/------------------- 22/11

Ref preceding note. As per direction above, draft ID note is placed opposite for signature, please Sd/--------------- 23.11.1017

Sr AO (RK) Sd/------------ 23/11

US (P/P) Sd/------------- 23/11

Sr AO (RK)

-3-

Ref preceding note.

Comments from O/o CGDA has been obtained vide their UO dated 31.01.2018. Comments of D (Pay/Services) are still awaited. Therefore, reminder may be sent to them. Accordingly DFA please.

Sd/------------- 13.02.18

Sr AO (RK) (P/P) Sd/------------- 13/2

US (P/P) Sd/----------- 13/2

Sr AO (RK)

-4-

Reference pre-page.

A note dated 14.11.2017 of Dy Dir, AG/PS-5 received in this office in their file No. PC –B/23046/Pay.Pension/Maj Gen/AG/PS-5 regarding rectification of anomaly in the pension entitlement in the rank of Major General and above. The same is placed opposite p.1-2 for kind perusal.

2. AG/PS-5 proposed to extend the benefit of protection of pension to the rank above Major General on the lines of provision mentioned in note to Regulation No. 36 of Pension Regulations for the Army, Part I (2008) for Lieutenant Colonel, Brigadier or Major General and note to para 7 of MoD letter No. 17 (4)/2008/D (Pen/Pol) dated 12.11.2008 for Major General.

3. As per para 4 (sic) above, AG /PS-5 stated that the benefit of pension protection has been granted only for the rank of Maj Gen and also observed that the ranks of above Maj Gen i.e. Lt Gen may avail lower pension than Brigs/Maj Gens whose pension get stepped up to the level of Brig under provision of pension protection.

4. AG/PS-5 further highlighted that all Maj Gen and equivalent had stagnated on 1^st year of implementation of 7^th CPC or first year of promotion which is against the principle advocated by 7^th CPC that no employee should stagnate and also proposed the provision for notional increments up to 58 years of age.

5. In this regard, as the pension is a derivative of last pay drawn and Lt Gens may avail lower pension than Brigs/Maj Gens due to applicability of pay components other than basic pay i.e. MSP up to the rank of Brigadier, the case was referred to D (Pay/Services) and CGDA office vide MoD ID of even number dated 23.11.2017 to seek comments/views in the matter.

6. Comments from D (Pay/Services) are still awaited. Accordingly, a reminder dated 13.2.2018 has been sent to them. Comments from O/o CGDA has been received vide UO No. 5635/AT-P/Vol XL dated 31.01.2018. The same is reproduced as under:

The protection of pension to the next rank below in respect of officers who do not fulfil the conditions for grant of full pension in higher rank was provided in GoI MoD letter No. B/40604/AG/PS-4c/1274/A/S (Pen/Ser) dated 08.07.1980. The protection of pension has been provided under Govt letters issued on recommendations of 4^th and 5^th CPC as weightage in qualifying service for higher rank was less than lower rank and rank pay to Major Generals was not admissible. The protection of pension of Major Generals was provided in 6^th CPC vide GoI MoD letter No. 17 (4)/2008/D (Pen/Pol) dated 12.11.2008. This could be extended to Lt Generals as proposed.

-5-

As on date, there is no data to evidence that such anomaly would exist in 7^th CPC also. However, if the pay of Brigadier is fixed as the maximum of their pay level plus MSP, the pension of Brigadier would be more than Major Generals and above.

This office is of the view that the pension of any officer having a certain rank should not be less than pension admissible to him in lower rank had he not been promoted to higher rank. Therefore, protection may be provided under 7^th CPC if such situation arises, so as to avoid any anomaly in pension of higher rank with lower rank.

7. Comments/views from D (Pay/Services) are still awaited but in the meantime CGDA office may be requested to provide DGL for protection in pension of retired Defence officers under 7^th CPC so that pension of any officer having a certain rank should not be less than pension admissible to him in lower rank had he not been promoted to higher rank. Accordingly, a draft ID note is prepared and placed opposite for approval/signature please.

Submitted please.

Sd/------------------ 16.02.2018

Sr AO (RK) (P/P) Sd/----------------16/2

US (P/P) Sd/---------------19/2

DS (Pen) Sd/---------------19/2

JS (ESW) Sd/-------------- 19/2

DS (Pen) Sd/--------------- 20/2

US (P/P) Sd/--------------- 20/2

Sr AO (RK) Sd/-----

Correspondence

Smt Nirmala Sitharaman,

Honourable Raksha Mantriji,

Govt of India, Ministry of Defence,

104, South Block,

New Delhi – 110011.

15 Dec 2017

SUBJECT: RETIRED ARMED FORCES VETERANS IN JUNIOR RANKS (LEVELS 13 and 13A) DRAWING HIGHER PENSION THAN SENIOR RANKS (LEVELS 14, 15, 16 and 17)

Dear Madam,

This petition is regarding another aspect of pension which in contravention of settled law. Officers of the MoD are aware of the fact as revealed by file notings on File No. 1(6)/2016/D (Pay/Services) that officers in higher ranks of Maj Gen and above (Levels 14 to 17) are being paid lesser pension than officers in junior ranks of Col and Brigadier (Levels 13 and 13A). Department of Pay/Services, MoD is aware that this situation arose in the year 2013 and has continued thereafter. Modified recommendations of the 7^th Central Pay Commission approved by the Cabinet of increasing the stages in Levels 13 and 13A have further aggravated this anomaly.

2. For sake of brevity only Army ranks are mentioned in this petition but also concern equivalent ranks in the Navy and Air Force.

3. MoD’s Department of Ex-Servicemen Welfare appears to not have been informed of this anomaly by the Deptt of Pay/Services of the Defence/Finance, which approves/concurs on all matters of pay, allowances and pension. Further, even though Pension Concordance tables have been issued for civilian pensioners vide Department of Pensions & Pensioners Welfare F No. 38/37/2016-P & PW (A) on 6^th July 2017, data for preparing such tables for Armed Forces pensioners and family pensioners has only been requested by the PCDA (Pension) vide Circular No. 585 of 21 Sep 2017 in response to GOI, MOD letter No.17 (01)/2017/(02)/D(Pension/Policy) dated 05.09.2017.

Origin of the Anomaly and the Causes

4. The 6^th CPC placed Armed Forces Officers in Bands Pay Band 3 (for Lts to Majors & equivalents) and Pay Band 4 (Lt Cols to Major Generals), HAG & HAG Plus and Apex. Grade Pay was awarded in Other Ranks, JCOs and to officers from the rank of Lieutenant to Maj Gen. However, Military Service Pay was granted only Other Ranks, JCOs and officers in the ranks of Lieutenant up to and including Brigadiers.

The Report of the 6^th CPC stated as follows: -

Analysis – Military Service Pay 2.3.12 ….., the Military Service Pay will be extended to all the posts in the Defence Forces upto the level of Brigadier/equivalent. MSP being a new element, no arrears shall be paid on this account. It will, however, be considered for purposes of fixation of pay and pension.

5. The Sixth CPC recommended Retiring Pension for Commissioned Officers at Para 5.1.56 as, “…..The Commission has recommended payment of pension at the rate of 50% of the last pay drawn or the average emoluments, whichever is higher, irrespective of the number of qualifying years of service completed (subject to completion of 20 years of qualifying service). All reference to full pension being payable only on completion of 33 years of qualifying service are proposed to be removed.

6. While approving the recommendations, the Govt of India, MoD stated in Resolution of the Govt of India No. 1 (E) dated 30^th August 2008, Annexure I, Part A, S No. 2 “….The Military Service Pay shall count as pay for all purposes except for computing the annual increment(s).”

7. While the 6^th CPC or MoD did not have the benefit of the honourable Supreme Court’s 2009 judgment in Maj Gen SPS Vains case, the 7^th CPC and MoD appear not to have considered the consequences of the Pay Band + Grade Pay + MSP even after the MoD’s implementation of the Vains judgment vide No. 4 (110) 07/D (Pen/Legal) dated 15^th July 2009 concurred by Finance Division of MoD vide U.O. No. 2895/SDF dated 15^th July 2009, and No 4(140) 2010/D (Pen/Legal) Vol II dated 10^th August 2015 issued with the concurrence of MoD (Finance/Pension vide U.O. No. 17(04)/2015/FIN/PEN/dated 7^th August 2015.

9. CGDA and its Principal/Joint Controllers of Defence Accounts have provided information in reply to CGDFA/R/2017/50280 dated 21^st July 2017 that the following number of non AMC/ADC/RVC officers drawing/have drawn pension/pay higher as on 31.12.2015: -

(a) PCDA (O) vide LW/SS/AT/RTI/45/Vol-V: -

Colonels: 124; Brigadiers: 113

(b) Naval Pay Office on mobile No. +91xxxxxxx766 on 05 Dec 2017:

Captain (IN): 12; Commodores: 17

Group Captains: 13; Air Commodores: 24

Petition

12. It is therefore the earnest plea of the RDOA on behalf of its members and the entire community of affected Veterans - Pensioners and Family Pensioners - that justice be done by increasing the Pensions of all Veterans in the ranks (Levels) of Major Generals (Level 14), Lieutenant Generals (Levels 15 and 16), Vice Chiefs/Army Commanders (Level 17) and equivalents to pension equivalent to or higher than Veteran officers in the ranks of Colonels and Brigadiers (Level 13 and 13A) and equivalents who are already drawing pensions payable to Veterans at Level 17.

Thanking you,

Yours Sincerely,

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

(Lt Col BK Sharma (Retd))

President

Copy to: -

(1) Admiral Sunil Lanba, PVSM, AVSM, ADC

Chairman, Chiefs of Staff Committee &

Chief of the Naval Staff, Naval Headquarters

South Block, New Delhi – 110011.

(2) General Bipin Rawat, UYSM, AVSM, YSM, SM, VSM, ADC

Chief of the Army Staff, Army Headquarters,

South Block, New Delhi – 110011.

(5) Air Chief Marshal B S Dhanoa, PVSM, AVSM, YSM, VM, ADC

Chief of the Air Staff, Air Headquarters,

Vayu Bhavan New Delhi – 110011.

(4) Shri Sanjay Mitra, IAS

Secretary Ministry of Defence

101-A, South Block,

New Delhi – 110011.

(5) Smt Sanjeevanee Kutty, IAS

Secretary, Department of Ex-Servicemen Welfare

Ministry of Defence, 5-A, South Block,

New Delhi – 110011.

File Notes

-6-

FR is a letter dated 13.02.2018 of Lt Col B K Sharma (retd) regarding pension entitlement of Maj Gen and above rank officers wherein it has been stated that no reply has been received by him on his earlier letter dated 15.12.2017. He has requested to intimate the present position of the case to him.

2. In this regard it is stated that earlier letter dated 15^th Dec 2017 of Lt Col B K Sharma was received in this office wherein it was stated that officers in higher ranks of Maj Gen and above are being paid lesser pension than officers in junior ranks of Col and Brig. This anomaly has arisen after 6^th CPC under which MSP was granted only to Other Ranks, JCOs and officers in the ranks of Lt to Brig. The applicant has requested to increase the pension of the ranks of Maj Gen and above equal to or higher than officers of the ranks of Col and Brig.

3. In this regard it is submitted that as per notes below Para 7 of MoD letter dated 12.11.2008 the retiring pension of an officer of the rank of Major General and equivalent, shall not be less than the pension which would have been admissible to him as a Brig and equivalent, as the case may be, had he not been promoted to the higher rank. As the benefit of pension protection has been granted only for the rank of Maj Gen and equivalent, the ranks above Maj Gen may get lower pension than Brig/Maj Gen whose pension gets stepped up to the level of Brig under provision of pension protection.

4. In view of the above the matter regarding protection in pension of retired Defence Officers under 7^th CPC so that pension of any officer having a certain rank should not be less than pension admissible to him in lower rank had he not been promoted to higher rank is under examination in consultation with D (Pay/Services) and CGDA.

5. If approved, we may furnish a reply to the applicant as per DFA placed opposite for approval please.

Sd/--------------- 22.02.2018

Sr AO (RK) (P/P) Sd-------------- 22/2

US (P/P) Sd/------------------ 22/2

DS (Pen) Sd/------------- 22/2

JS (ESW) Sd/------------- 22/2/

DS (Pen) Sd/-------------- 23/2

US (P/P) Sd---------- 23/2

Sr AO (RK) Sd/-------

Seen file. Pl PU reminder from JS (ESW) Sd/----------- 6/3

Sr AO (RK)

-7-

From pre page

DGL as requested vide ID at 16/2/18 is still awaited.

2. Draft DO from JS (ESW) to Jt CGDA (Pen) is placed opposite for kind approval and signature please. Sd/-------------------- 8/3

US (P/P) Sd/----------------9/3

DS (Pen) Vacant

JS (ESW) Sd/--------- 9/3

US (P/P Sd/---------- 12/3

Sr AO (RK) Sd/--------

Fair of DO placed opposite for signature please Sd/------------ 13/3

US (P/P) Sd/--------------- 13/3

DS (Pen) Vacant

JS (ESW) Sd/------------- 14/3

US (P/P) Sd/------ 14/3

Sr AO (RK) Sd/---------

Reference preceding note.

Requested DGL from O/o CGDA still awaited. We may issue a reminder to expedite the same.

Sd/-------------- 17.4.18

Sr AO (RK) Sd/--------- 17/4

-8-

Reference note on p 4-5/N ante.

2. O/o CGDA vide MoD ID dated 16.02.2018 was requested to provide a suitable DGL for protection in pension of retired Defence Officers under 7^th CPC so that pension of any officer having a certain rank should not be less than the pension admissible to him in lower rank had he not been promoted to the higher rank. However, inspite of repeated reminder and DO letter dated 14.03.2018 from JS (ESW), the requisite DGL is still awaited.

3. If approved, we may, once again, take up the matter demi-officially at the level of JS (ESW) as per DFA placed opposite for approval please.

Sd/---------------------- 14.05.2018

Sr AO (SM) (P/P) Sd/----------- 14/5/18

US (P/P) Sd/--------- 14/5

JS (ESW) Sd/------- 14/5

US (P/P) Sd/---------- 14/5

JS (ESW) Sd/----------- 14/5

US (P/P) Sd/------------ 15/5

Sr AO Fair copy of DO letter is placed opposite for signature of JS (ESW), please.

Sd/---- 15/5

Sr AO (RK) (P/P) Sd/------ 15/5

US (P/P) Sd/----- 15/5

JS (ESW) Sd/-------- 16/5

US (P/P) Sd/-------- 16/5

Sr AO (RK) Sd/---

Reference preceding note

A requisite DGL from CGDA office has been received in this office vide UO No. 5635/AT-P/Vol XLI dated 15.5.2018 which is placed at p 52-53 for kind perusal.

Comments/view from D (Pay/Services) is still awaited. Therefore, reminder may be sent to them so that the file may be processed further. Accordingly, a DFA please.

Sd/------------------- 21.5.18

Sr AO (SM) (P/P)

-9-

DFA for comments of D (Pay/Services) is placed opposite for approval and signature please.

Sd/----------------- 21/5/18

US (P/P) Sd/------ 21/5

Sr AO (SM)

-10-

Reference pre-page.

6. Comments from O/o CGDA has been received vide UO No. 5635/AT-P/Vol XL dated 31.01.2018. The same is reproduced as under:

-5-

7. Comments/views from D (Pay/Services) has also been received in this office vide MoD ID No. 1 (24)/2017-D (Pay/Services) dated 31.05.2018. The same is reproduced as under:

“As per AGPS-5 note dated 14.11.2017 the note with para 36 of the Pension Regulations for the Army (Part I), 2008, states that “retiring pension of Lt Col, Brigadier or Major General shall not be less than the pension which would have been admissible to him/her as a Major, Col (Selection) or a Brigadier as the case may be had he not been promoted to the higher rank.” Also vide para 7 of DESW letter dated 12^th November 2008 pension protection has been granted only for the rank of Major General.

As can be seen from the above the protection to the pension of the rank of Major General has been extended by the Department of ESW on their own. In view of this in 7^th CPC also they may examine this matter and issue orders as deemed fit.”

8. Thereafter, O/o CGDA was requested to provide DGL for protection in pension of retired Defence Officers under 7^th CPC so that pension of any officer having a certain rank should not be less than pension admissible to him in lower rank had he not been promoted to higher rank. Accordingly a DGL has been received from CGDA office vide UO No. 5635/AT-P/Vol XLI dated 15.05.2018 which is placed at p 55-56/c.

9. In view of para above, file may be referred to MoD (Fin/Pen) for their views/comments and concurrence please.

Submitted

Sd/-------------------- 04.06.2018

Sr AO (RK) (P/P) Sd/----------- 4/6

US (P/P) Sd/----------- 4/6

DS (Pension) Vacant

JS (ESW) Sd/--------------- 5/6

US (P/P) 6/6

MoD (Fin/Pen)

Correspondence

Office of the Controller General of Defence Accounts

Ulan Batar Road, Palam, Delhi Cantt – 110 010

Sub: Rectification of anomaly in the pension entitlement in the rank of Major General and above.

Ref: MoD ID No. 1(7)/2017/D (Pen/Pol) dated 16.02.2018

Ministry may please refer to ID number quoted under reference. In this regard a DGL as desired is enclosed for further necessary action.

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

(P G Roy)

For CGDA

Shri Manoj Sinha, Under Secy

Min of Defence

Deptt of ESW, D (Pen/Pol)

Sena Bhawan, New Delhi

UO No. 5635/AT-P/Vol – XLI dated 15/05/2018

DRAFT GOVERNMENT LETTER

No……………………………

Government of India

Ministry of Defence

Department of Ex-Servicemen Welfare

New Delhi – 110 011

Dated……………………………

The Chief of Army Staff

The Chief of the Naval Staff

The Chief of the Air Staff

Subject: Rectification of anomaly in the pension entitlement in the rank of Major Generals and above

Sir,

The undersigned is directed to refer to GoI, MoD, Deptt of Ex-Servicemen Welfare No. 17(4)/2008(2)/D (Pen/Pol) dated 12.11.2008 issued for implementation of Government decision on the recommendations of 6^th CPC – revision of provisions regulating pension/gratuity/commutation of pension/family pension/disability pension for the Armed Forces Officers and Personnel Below Officer Rank retiring or dying in harness on or after 01.01.2006.

2. Following amendments are carried out in Note below Para 7: -

FOR

The retiring pension of an Officer of the rank of Major General ad equivalent shall not be less than the pension which would be admissible to him as a Brigadier and equivalent, as the case may be, had he not been promoted to the higher rank.

READ

The retiring pension of an Officer of the rank of Major General/Rear Admiral/Air Vice Marshal and above shall not be less than the pension which would be admissible to him as a Brigadier and equivalent, as the case may be, had he not been promoted to the higher rank.

3. This issues with the concurrence of Ministry of Defence (Finance/Pension) vide their UO No…………………………….

4. Hindi version will follow.

Under Secretary to the Government of India

File noting

-12-

Ministry of Defence

Finance (Pension)

Ref: - preceding note.

The case is examined and it is mentioned that the protection proposed by Services HQ is in respect of Major General and above with that of Brigadier and above. But the DGL prepared by office of the CGDA is for providing protection to Major General and above with Brigadier only. In other words it does not protect the pension of a Lt Gen with pension of a Major General or any other similar case (if any). Please clarify.

2. Further, the proposal under consideration is for amending Note under para 7 of MoD letter No. 17 (4)/2008/(2)/D (Pen/Pol) dated 12^th November 2008. But similar provision is formulated under Note below Regulation 36 of Pension Regulation for the Army (Part I) 2008. That note is also required to be amended in tune with the proposal.

3. This has the approval of Addl FA (RK) & JS.

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

(Aibaran Singh)

AFA (Pension)

US (Pension/Policy) D/o ESW

MoD (Finance/Pension) ID No. 17 (04)/2015/Fin/Pen dated 05/07/2018

* * * * * *

Aerial View

Tuesday, 31 July 2018

Maj Gen and above drawing less than Col and Brig (and equivalent) - Reply to RTI

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