DOEXP/R/2018/50802 dated 10 Jul 2018
Delayed Reply dated 14 Jun 2019 by MoF
Online
RTI Request Form Details
RTI Request
Details:-
RTI Request
Registration number DOEXP/R/2018/50802
Public Authority Department of Expenditure
Personal Details of
RTI Applicant:-
Name Air Mshl S Y Savur PVSM AVSM
retd
Personal details deleted by
self
Request Details :-
Citizenship Indian
Is the Requester
Below Poverty Line ? No
Description of
Information Sought
(Description of Information
sought (upto 500 characters)
1. Please refer to supporting
document.
2.
Both MoD - D (Pay/Services) and Air Force Central Accounts Office have brought
out that junior officers of the rank of Air Commodore (Brigadier) and Group
Captain (Colonel) have been drawing higher total emoluments than Air Vice
Marshal (Maj Gen), Air Marshal (Lt Gen) and Air Marshal in HAG plus and
AOC-in-C (Army Cdr) grades of the Sixth Central Pay Commission dispensation.
3.
MoD has referred vide ID No. 1(6)/2016/ D (Pay/Services) dated 16.8.2016 that a
similar situation is taking place in the Seventh Central Pay Commission
dispensation.
4.
Please provide information as defined in Sec 2 (f) of the RTI Act 2005
including file notings, minutes of meetings, deliberations and other related
material on the action taken by Deptt of Expenditure.
5. Please enable online
payment of any additional fee for the information that would be provided.
Concerned CPIO ASHOK KUMAR (E.III.A)
Reply of CPIO, Deptt of Expenditure, Ministry of Finance
F No. 7/6/2019-E.III(A)
Ministry of Finance
(Vitt Mantralaya)
Department of
Expenditure (Vyaya Vibhag)
E.III.A Branch
North Block, New Delhi
Dated the 14 June 2019
To
Mr S Y Savur
Sub: Information
sought under RTI Act, 2005, reg
Sir,
This
is with reference to your online RTI application with registration No.
DOEXP/R/2019/50802 dated 10.07.2019 seeking information including file notings,
deliberations, etc in relation to the matter where the junior officers of the
rank of Air Commodore (Brigadier) and Group Captain (Colonel) have been drawing
higher total emoluments than Air Vice Marshal (Maj Gen), Air Marshal (Lt Gen)
and Air Marshal in HAG Plus and AOC-in-C (Army Cdr) grades. In this context,
the copy of relevant extracts of the noting is attached herewith for reference.
The delay in the submission of the reply is deeply regretted.
2. The Appellate Authority is Shri B K Manthan, Deputy
Secretary (E.III.A), Department of Expenditure, Room No. 76A, North Block, New
Delhi-110001. Appeal, if any may be preferred within 30 days of the receipt of
this letter.
Yours faithfully,
Enclosed as above Sd/------------
14/6/2019
(Ashok Kumar)
Under Secretary
(E.III.A) & CPIO
Ph: 23095650;
akumar.doe@nic.in
Copy to: RTI Cell, Department of Expenditure, 5th
Floor, Lok Nayak Bhawan, New Delhi
(Please note: original application is No.
DOEXP/R/2018/50802 dated 10.07.2018 and ridiculously reply is dated 14 Jun
2019, almost a month before the incorrect application registration number and
date has been received by Speed Post article ED642204195IN on 17 Jun
2019).
-Page 37-
This case
relates to demands and implementation of 7th CPC recommendations in
respect of Defence Forces personnel.
2. Defence Secretary vide his DO dated 14.11.2017 addressed to
Secretary (Exp) intimated that Hon’ble Raksha Mantri has desired for a
presentation on the manner in which the concerns/recommendations of the Defence
Forces were addressed and the grounds of rejection of demands of Defence Forces
by the MoD and the Ministry of Finance and requested for fixing a mutually
convenient date for the meeting. He has enclosed a document dated 20.01.2016 of
TRIPAS on Defence Forces concerns on 7th CPC report and copy of the
proposed presentation on issues of Defence Forces.
3. The following core concerns of the Defence Forces relating
to their demands have been mentioned in the proposed presentation received
along with Defence Secretary’s DO dated 14.11.2017.
(A) PAY RELATED ISSUES.
Out of six Core concerns, two have been resolved and following four concerns
are remaining:
i. Military Service Pay (MSP) at higher
rates for JCOs – MSP of (Rs) 10000 for JCO
ii. MSP as a separate element of pay for
Maj General and above.
iii. Non Functional Upgradation (NFU)
iv. Correction in entry pays for 6
Ranks/Levels.
(B) PENSION
RELATED ISSUES
i. Weightages to be restored to cater for
truncated carrier (sic)
ii. One Rank One Pension
iii. Sharing of report of One Man Judicial
Committee (OMJC).
(C) ALLOWANCES
RELATED ISSUES
Out of 19 concerns, 11 issues relating to entitlement of Ration to
Officers in Peace Areas, Dress Allowances, Reciprocity of Allowances, Technical
Allowances, Sea Going Allowances, Flying/SF/MARCOS/Chariot Allowance,
Correction in RH Matrix, Restoration of CILQ, Qualification Pay (Q-Pay), GCB/GS
Pay (and) Classification Allowances and Travel Entitlement of Navy have been
mentioned.
Similar issues were listed in the TRIPAS letter dated 20.01.2016
addressed to Hon’ble Raksha Mantri and Appendix A and B of this letter which
have been summarised at F/A.
4. A copy of Defence Secretary DO has been forwarded to Deputy
Secretary (EG) for necessary action in respect of Allowances, since the records
related to deliberations of the Committee of Secretaries on Allowances headed
by the former FS is available with them. The position with regard to issues
pertaining to pay and pension is explained in subsequent paras.
5. Demands of the Defence Forces already
accepted: The under mentioned
demands of Defence Forces in respect of pay and pension has been accepted by
Government.
-38-
Continued from previous page
(I) Vide Cabinet
approval dated 29.06.2016, the following exceptions in (the) Defence Pay Matrix
were approved.
i. The IOR of Level 13A (Brigadier) in Defence Pay Matrix
revised upwards from 2.57 to 2.67.
ii. Additional 3 stages in Levels
12A (Lt Col), 3 stages in Level 13 (Colonel) and 2 stages in Level 13A
(Brigadier) added appropriately in the Defence Pay Matrix.
(II) The Defence Pay Matrix
(except Military Nursing Service (MNS) which had 24 stages extended to 40
stages similar to Civilian Pay Matrix (Cabinet Approval May 2016).
(III) The Index of
Rationalisation (IOR) of Levels 12A and 13 of Defence Pay Matrix enhanced from
2.57 to 2.67. The Defence Pay Matrix and Matrix of MNS have been accordingly
revised. (Cabinet approval - May 2016).
(IV) Percentage based system for
disability pension has been restored after the matter was referred/considered
by National Anomaly Committee (Cabinet approval – May 2016).
(V) Demands for allowing
broad-banding of disability pension for disability assessed at 20% and above
and benefit of additional pension on attaining the age of 80 years and above
applicable on disability element accepted (FM approval).
6. With respect to the manner in which the concerns/recommendations
of the Defence Forces were addressed it is submitted that Defence Forces made a
presentation before the Empowered Committee chaired by Cabinet Secretary on
11.03.2016 on their demands. Subsequently a series of meetings were held with
nodal authorities involved in the implementation of the 7th CPC
Report and all the issues raised by the Defence Forces have (been) extensively
discussed in these meetings. Joint Secretary (IC) and Director (IC) from the
then Implementation Cell participated in these meetings. Based on the outcome
of these consultations, proposals have been processed for obtaining approval of
Cabinet.
7. The concerns of the Defence Forces were also received vide
their letter dated 18.07. 2016 addressed to Hon’ble PM and letter dated
08.09.2016 addressed to Hon’ble RM. The matter was discussed in the meeting
taken by the then RM (on) 13.04.2017 and MoD vide their OM dated 19.04.2017 recommended three core concerns i.e. 40
stages in Defence Pay Matrix, revision pf IoR for Level 12A (Lt Col), and 13
(Col) and grant of Personal Pay in 7th CPC pay structure to address
pay/pension anomalies between Col/Brig and Maj Gen and above rank(s). The first
two issues related to Defence Pay Matrix have already been addressed and (the)
third issue pertaining to grant of Personal Pay for Maj Gen and above, MoD
advised to approach DoPT, the nodal Ministry concerned with pay fixation
issues.
8. With respect
to demands of the Defence Forces not accepted/grounds of rejection of demands,
the position in respect of pay and pension issues is submitted as under:
-39-
Continued from previous page
(a) Military Service Pay (MSP) at higher rates
for JCOs – MSP of (Rs) 10000 for JCO
Comments – The concept of
MSP was introduced by 6th CPC (up to Brigadier rank) as an edge for
the Army over civilian counterparts and it was treated as Pay for calculating
DA, Pension, HRA, Composite Transfer Grant and Annual increment. MSP by the 7th
CPC has been calculated by multiplying existing rate with 2.57 and subsequent
rounding off. As the amount of MSP was Rs 2000/- for JCO/OR in 6th
CPC period which has been increased to Rs 5200/- by 7th CPC, the
demand for change in rates of MSP has not been accepted. Similarly, MSP for
Serving Officers has been increased from Rs 6000/- to Rs 15500/-.
(b) MSP as a separate element of pay for Maj
Gen and above
Comment – MSP is
admissible to all ranks up to and inclusive of Brigadiers and their
equivalents. In so far as higher ranks are concerned separate MSP is not
admissible in 6th CPC also. However, MSP is subsumed under Pay on
promotion from Brig to Maj Gen. The aspect to grant of MSP in the 6th
CPC regime was considered and grant of Personal Pay to the officers of the
ranks of Maj Gen and above was agreed by the DoPT. For similar dispensation in
7th CPC period, MoD vide this Department OM dated 05.09.2017 has
been requested to take up the matter with the DoPT as this relates to fixation
of pay related matter which comes under the purview of DoPT.
(c) Non Functional Upgradation (NFU)
Comments – The Commission
has not been able to arrive as at consensus on extension of NFU, granted to
organised Group ‘A’ services at the time of 6th CPC, to Defence
Forces. The Chairman was of the view that the NFU should be allowed to continue
and be extended to CAPFs and Defence Forces. Shri Vivek Rae and Dr Rathin Roy,
Members were of the view that NFU be withdrawn from organised Group ‘A’
services.
Since the Commission could not arrive at a consensus, the
matter has been referred to Department of Personnel and Training for
examination before a final view is taken. Therefore, it would not be
appropriate to consider any fresh proposal at this stage.
(d) Correction of Entry Level Pay for 6 Ranks
based on Minimum Fitment Table
Comment – Defence Forces
have demanded for correction in the Entry Pay for the ranks of Artificer (GP
3400), Captain (GP 6100), Major (GP 7600), Lt Col (GP 8000), Colonel (8700) and
Maj Gen (10000) on the basis of Residency method. The 7th CPC
recommended separate Pay Matrix for Defence Forces after due diligence and
detailed stakeholder consultation. The 7th CPC noted there are a
number of common strands in the Civil and Defence pay matrices, the principle
and philosophy on which they are based are identical. The Commission in para
5.2.15 stated that these GPs are unique to Defence Forces personnel and minimum
pay corresponding to each of these pay levels takes into account the normative
residency period of the ranks of officers.
-40-
Continued from previous page
Although
TRIPAS has mentioned about some difference in figure based on the correct
application of residency period method, it is submitted that while devising Pay
Matrix, the 7th CPC ensured that horizontal relativities are not
disturbed as for example the entry pay of Brig based on residency period comes
out to Rs 59,100 which is much higher than entry pay (Rs 53000) equal to that
of Joint Secretary.
9. With respect to pension
related issues it is submitted that three issues listed i.e. weightages to
be restored to cater for truncated career, One Rank One Pension (OROP) and
sharing of report of One Man Judicial Committee (OMJC). About weightages issue,
it is submitted MoD vide their OM dated 19.04.2017 recommended grant of 40
stages in the Defence Pay Matrix for JCOs/ORs subject to the caveat that
maximum of the scale will not be counted towards calculation of pension and the
approval of cabinet has bee taken vide Cabinet note dated 01.05.2017. The other
two issues about OROP and Report of OMJC relate to MoD.
10. Defence Forces have requested for issue of resolution of 7th
CPC core concerns on pay, allowances and pension in a time bound manner and
constitution of an Empowered Committee with representation of Defence Services
for resolution of other anomalies of Defence Services. Although these issues
have been raised by the Defence Forces in the past and decisions have been
taken after taking into account the different aspects involved. The file is
submitted for further consideration, please.
Sd/-------------
23/11/17
Dir (E.III.A)
The above
note may kindly be seen in the context of the DO letter dt 14.11.2017 from
Defence Secretary to Expenditure Secretary seeking latter’s convenience for a
meeting to discuss the concerns of the Defence Forces personnel on the
recommendation of the 7th CPC.
2. Attached herewith the aforesaid DO letter from Defence
Secretary is a note of 20.1.2018 listing out issues raised by Defence Forces
soon after the submission of the Report of the 7th CPC. However,
during the processing of the Report of the 7th CPC is the erstwhile
IC, a few concerns have already been addressed, as mentioned in para 7 of above
note.
3. There is no
indication from the note
-41-
From previous page
sent
along with the DO letter from Defence Secy as to which issues still remain and
if these were considered by MoD, what the stand taken have been, as well as the
grounds on which these were not accepted.
4. Furthermore, and more importantly, these issues require
proper consideration, but in the midst of the Budget exercise, it is difficult
to spare proper attention to these issues.
5.
Thus we may suggest that MoD may schedule this
meeting after presentation of the Union Budget. A draft DO letter is,
accordingly, placed below for approval of Expenditure Secretary.
Sd/--------------
27.11.17
JS (Pers)
As
we are very preoccupied with the Budget exercise, it may be difficult to
devote so much time on this exercise. Also, the Concerns of the Defence
Services on 7th CPC Report is dated 20/01/16. Some issues have
already been addressed, as brought out in the note of US/RG. MoD may, in the
meantime, prepare an updated document. For approval on the issue.
Sd/---------------
27/11/17
Secy (Exp)
Sd/------------ 28/11/17
JS (Pers) On tour
Dir (E.III.A) Sd
/-----------291.11.17
US (RG) Sd/-----------
SO (E.III.A)
DO letter from Expenditure Secretary
Ajay Narayan Jha
D.O. No. 20-1/11(1)/2016-IC (Vol-II) 29th
November 2017
Dear Sanjay,
Please
refer to your D.O. letter No. 1(2)/2016-D (Pay/Services)/137/Def Secy/2017
dated 14.11.2017 regarding a meeting proposed to be held to discuss the
concerns of the Defence Forces personnel in the context of the recommendations
of the 7th Central Pay Commission.
2. We intend to accord our sincere consideration to the genuine
concerns of the Defence Forces personnel. This requires full attention on our
part. However, in the midst of the current Budget exercise, it is difficult for
us to apply ourselves to this important consideration in a manner we deem it appropriate.
I would, therefore, suggest that a meeting in this behalf may be scheduled
after the presentation of the Union Budget.
3. I would also request that prior to the meeting, a brief note
may be sent to us, bringing our the issues raised by the Defence Forces after
the submission of the Report of the 7th CPC, the issues which have
been sorted out based on the Government decisions and the grounds on which the
remaining issues have not been accepted.
With best regards
Your sincerely
Sd/-------------
(A N Jja)
Shri Sanjay Mitra
Defence Secretary
Ministry of Defence
South Block
New Delhi
Issued 29/11/17
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