More insights on Core Concerns of Defence Forces

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, 5^th 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).

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            This case relates to demands and implementation of 7^th 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 7^th 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.

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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 7^th 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 7^th 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:

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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 6^th 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 7^th 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 6^th CPC period which has been increased to Rs 5200/- by 7^th 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 6^th CPC also. However, MSP is subsumed under Pay on promotion from Brig to Maj Gen. The aspect to grant of MSP in the 6^th 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 7^th 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 6^th 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 7^th CPC recommended separate Pay Matrix for Defence Forces after due diligence and detailed stakeholder consultation. The 7^th 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.

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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 7^th 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 7^th 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 7^th 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 7^th CPC. However, during the processing of the Report of the 7^th 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

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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 7^th 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)                                                         29^th 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 7^th 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 7^th 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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