Sunday 13 November 2022

Interaction of President IESL with Secy (ESW)

 

Recd at 1834 on 12 Nov 22

Dear ST/UT Presidents,

Met Secy ESW for 45 mins

Following points were discussed & their replies

OROP Revision: Actively being discussed by the Govt. Can’t give any firm date but amount more than 24K crore is not available in the budget. After RE the Govt will find some solution.

ECHS state of funds for TN and Kerala. Dept does not have res funds. This will also be decided after RE.

CSD. Though not under ESW, but items stopped by RM from imports will not be revised. It is Cabinet decision.

Recog of ESM orgs as confirmed by then hon’ble RM be recognised. Orgs approved by MoD will be listened to. I said we are not trade union and we be heard periodically. Secy agreed.

SPARSH: by Mar 2023 all pensioners will be transferred to SPARSH. Tfr procedure will be simplified and banks will be advised to accept live certificate and transfer to SPARSH.

Next meeting with ESM Org after RE of Budget in December.

Regards

Brig Kartar Singh

President IESL 

Saturday 12 November 2022

Simple, Legal Method

 

Simple, Legal Method

 

Make everything as simple as possible, not simpler

- Albert Einstein

 

1. Pensioners have been reminded to check and correct the name and DoB of entitled Family Pensioner spouse/NoK/dependents because Family pension may not be remitted if the name in the Bank account does not tally with the name of Family pensioner in the PPO of the Pensioner. The audience was also reminded that there are SOPs for retired Officers and PBoR detailing the procedure and list of documents required for effecting correction/change.

 

2. A preliminary check of personal documents will reveal that name of the spouse in the PPO and ECHS card match the name in the Certificate of Service though they may be different in the Aadhaar, PAN and joint pension account in the bank. Therefore, the SoP was perused and it was found that it entailed the following procedure for Change/Correction of Name of Spouse through the SOP obtaining, sequentially

 

(i) An affidavit on non-judicial stamp paper (amount not specified) signed by the spouse/prospective family pensioner as Deponent, sworn in/administered by a Judicial Magistrate First Class (wrongly termed 1st Class Magistrate),

(ii) Original copies of an advertisement in national newspaper intimating the corrected name with name & designation of entity who administered the affidavit (this is required by the newspaper along with a self-attested copy of the affidavit),

(iii) Certificate in triplicate of Bank pension account details from PDA/Bank signed by the Manager,

(iv) Photocopy in triplicate of first page of the Bank pension account passbook countersigned by the Manager

(v) Self-attested by spouse photocopies of existing Aadhaar and PAN Cards,

(vi) Pensioner attested copy of PPO/e-PPO

(vii) Pensioner attested copy of Discharge Book for PBoR/Certificate of Service for Officers

(viii) Spouse of Pensioner signed self-declaration countersigned by Officer of ZSB or Office bearer of AFA,

(ix) Personal application to DAV enclosing all documents

 

Next Steps by DAV/Air HQ/PSA

 DAV would in turn approach Air HQ Dte of Personnel (O) PO2 to amend the name of spouse in the Discharge certificate, who would forward it through DAV to PSA for issue of a Corr PPO and this procedure would ensure pension for the Family Pensioner when one pre-deceases her/them.

 

Only problem is that the above SOP is not as per any MoD/DESW policy as admitted by Air HQ on 29 Sep 22 and again on 28 Oct 22. There is a MoD/DESW policy letter on change/correction of DoB of spouse/NoK, reference number of which and a link is given at the end of this article.

 

3. To make the procedure for Post-Retirement changes for family pensioners simpler, less humiliating and inexpensive as compared to following the SOP, relevant documents available in the portals/websites of various Ministries of Govt of India were referred to. To get the whole picture, through RTI Act, 2005, file noting of the relevant file wherein DAV formulated the SOP dated 28 Jun 21 were also obtained.

 

4. Though there are simpler things like any affidavit could be signed by a Notary as per the Section 139 of the Code for Civil Procedure, 1908 or Oath Commissioner or Oath administered by Stn Cdr of Army or Navy or Air Force under Section 3 of the Oaths Act, 1969 respectively, but red tape (or is that blue tape?) being what it is, “it is impossible to do it any other way!” or “here is an alternate either (i) the affidavit by JMFC or (ii) Govt Gazette notification” were the replies. 

The latter involves the first 3 steps in Para 2 + a CD etc to be sent to the Dte of Publications of the Union Govt’s Min of Housing & Urban Affairs or its counterpart in the State Govt etc).

 

DISCLAIMER: The contents below are not to be quoted as authority. Please be assured that there is nothing illegal as Govt sources have been quoted for ready reference and verification.

6. So, the following simple method was adopted, inspired by the genius Albert Einstein (may God Bless his soul) primarily, and in consultation with a few knowledgeable persons: -

 

(i) Correct the name of spouse first on Aadhaar, then

(ii) Utilising the updated Aadhaar, correct the name of spouse in the PAN Card,

(iii) Take both, the updated Aadhaar and PAN cards, to the Bank where spouse and Pensioner have a joint pension account

(iv) Fill up and submit the KYC forms in the changed the name of the spouse now identical to the name on the PPO (and ECHS Card)

(v) Dispense with need for an affidavit from a JMFC and other complicated paper work.

 

The Simple Method

 

Before starting: Check the name & DoB of spouse or dependents on newly issued ECHS card(s). Name on the ECHS card invariably matches the name and DoB on PPO, which is same as in the discharge/release/certificate of service paper(s). It will because the software used for issue of ECHS card ensures it by halting the application till corrections as per PPO are made in the application.

 

Stage I Aadhaar: Demographic and biometric details update 

Filing Online: If one has internet, please access and read and follow the easy instructions on

https://uidai.gov.in/en/my-aadhaar/about-your-aadhaar/updating-data-on-aadhaar.html

 

If one does not have internet or the online application is rejected because of documentation errors, then one needs to go to a Aadhaar Permanent Enrolment Centre (PEC). Most PECs are located in the main Post Office of each locality, some called “Registrars” are in select bank branches. Check in the link for location of nearest PEC at

https://appointments.uidai.gov.in/easearch.aspx?AspxAutoDetectCookieSupport=1

 

Filing Offline (Caution: Download the correct Form)

 

Step 1

- Form 2 is a Certificate to be signed by any (i) a Gazetted Officer – Gp A or (ii) Village Panchayat Head or (iii) Gazetted Officer – Group B or (iv) MP or (v) MLA or (vi) MLC or (vii) Municipal Councillor or (viii) Tehsildar or (ix) Head of Recognised Educational Institution or (x) EPFO Officer;

- Form V2 is to be filled if Head of Family or an Introducer is supporting the request or

- Form V5 is to be filled if sending for address correction only through post to UIDAI office in Banjara Hills, Hyderabad or Chindwara, MP. More details on https://uidai.gov.in/en/my-aadhaar/about-your-aadhaar/updating-data-on-aadhaar.html

 

Step 2: Download, print and fill up Form 2 titled Aadhaar Certificate for changes and update (is attached but is also available on https://tndsc.co.in/downloads/2.pdf )

 

Step 3: Check the Aadhaar Certification and valid documents list (attached for ready reference) for any additional documents (in the link above) before getting the certificate signed by

 

- a Commissioned Officer (Class A) or a JCO equivalent (Class B as notified & confirmed by MoD in Aug 2018 by then RM, Ms Nirmala Sitharaman withdrawing the letter of Apr 2018 where the Class B was removed)

 

Check https://www.thehindu.com/news/national/jcos-are-gazetted-officers-says-defence-ministry/article24681972.ece

 

Step 4: Visit, with spouse, nearest Aadhaar Permanent Enrolment Centre (PEC) for her demographic and biometric update

 

Take original Aadhaar card & additional ORIGINAL valid ID and Address proof documents; Photocopies are not required

 

Step 5: PEC operator checks application/certificate Form 2 of spouse and original proof documents; Operator takes scans of all original documents and returns them to applicant

 

Step 6: PEC Operator starts to process demographic and biometric details

 

Step 7: PEC Operator asks applicant to check the screen for accuracy of the data entered for up date

 

Step 8: PEC Operator gives KYC form to filled up and signed by applicant and handed to the operator

 

Step 9: PEC Operator will make out deposit slip for payment of Rs 50/- at the Post Office or Bank cash counter if PEC is located in a Bank

 

Step 10: Submit payment receipt to the PEC Operator if in Bank who will then give one a copy of printed Ack/Consent for Update form that has the Update Request Number (URN)

 

Step 11: Wait for 7-10 days for intimation of change & download the e-Aadhaar (use URN to check progress if you do not receive intimation in 7-10 days)

 

Info: PEC operator said that prints of right hand fingers and thumb are indistinct for ladies due Fair wear & tear, hence Iris scan is the most authentic biometric data.

 

If Only you wish: On the UIDAI portal you can also apply for a plastic Aadhaar Card at an additional cost of Rs 50.

 

E-Aadhaar intimation will be received by sms; using URN download the e-Aadhaar (security locked and opens with first four letters of name + YYYY of birth)

 

Stage II PAN Update

 

Online Update

Once the updated Aadhaar Card is received, one proceeds to update PAN online by following the easy instructions on https://www.onlineservices.nsdl.com/paam/endUserRegisterContact.html

 

Caution: If the address given for Aadhaar update exceeds 125 characters, then the online application will be rejected and one will have to fill up hard copy of Form for changes; our online was rejected because the address exceeded 125 characters (because of name of nearest landmark  exceeding 25 character long was also typed in for the Aadhaar update!)

 

Offline update

 

Step 1: The Form, Instructions and List of Documents are available at https://incometaxindia.gov.in/documents/form-for-changes-in-pan.pdf

 

Form titled ‘Annexure A’ is an authentication certificate by a Gazetted Officer etc but a signed photocopy of his/her ID card has to be attached; If a Commissioned Officer signs it, it will place him in an awkward position because photocopying of Armed Forces ID Card is an offence

 

Read and understand instructions as well as proof of ID, Address, DoB documents required before filling up the Form titled Request For New PAN Card Or/ And Changes Or Correction in PAN Data Update Form

 

Step 2: Fill up the form, paste 2 passport size photographs at the top of the page in the earmarked spaces,

Spouse Signs across the one on the left side of the form without obscuring the face, & signs in the rectangle below the photograph on the right side

 

Step 3: Take self-attested by spouse photocopy of the updated Aadhaar card, of passport front and last page which gives detail of father’s name (mandatory even if the person is married)

 

Step 4: Check on internet (NSDL website) for location of PAN Card correction/update centre (usually KARVY Consultants) nearest to you and take the application form + valid documents (available in the link above)

 

Step 5: The operator will enter the details and ask you to check/verify

 

Step 6: Make a payment by cash/online/net banking/credit card of Rs 110/- obtain the receipt and note down the number which you will require to check progress

 

Step 7: Obtain receipt and wait for 7-10 days for the text message on the update

 

Stage III Updating Name and Address in Bank Account

 

Step 1: Visit the branch of the Bank where you have the Pension Account

Step 2: Produce the updated Aadhaar and PAN cards

Step 3: Bank staff will give you and family pensioner one KYC form each

Step 4: Fill up and sign the KYC form

Step 5: After Bank staff have updated the name (which will match the PPO), obtain passbook with corrections

 

As per Min of Fin requirements published in PCDA (P) Circular No. 185, the PPO number must be entered on the first page of your Bank Passbook https://pcdapension.nic.in/pcda/6cpc/Circular-185.pdf  

 

[However, my e-PPO number and suffix was changed 4 times – first because the Basic pension was wrong, then because the PDA was wrong, then the PDA and CPPC were wrong and have finally received the “correct in all details” e-PPO!]

 

Part II - Change/Correction of Date of Birth of Spouse

 

It is easier for Change of Date of Birth of Spouse/Dependents because a Govt Policy exists.

 

First, this DoP&PW policy letter which also applicable to ALL Ministries

 

No. 1/23/2012-P&PW (E) dated 13 Sep 12 available on

https://documents.doptcirculars.nic.in/D3/D03ppw/PPWE_age_130912.pdf

 

Second, the MoD/DESW Policy letter based on the above DoP&PW Letter

 

 MoD No. 1(11)-2009-D (Pen/Pol) dated 23 Dec 14 available on

https://www.desw.gov.in/sites/default/files/1%2811%292009-D%28Pension%20Policy%29_0.pdf

 

PCDA (P) Circular No. 535 is based on the DESW Policy letter.

 

Third, you may try to download and fill this form from DAV

 

https://iafpensioners.gov.in/ords/dav_portal/r/133/files/static/v958/assets/pdf/e-PPO%20Correction%20Form.pdf

*          *          *          *          *          *

Tuesday 6 September 2022

Swearing in Affidavits - SOP by Dte of Air Veterans

1.       This is in context with Directorate of Air Veterans (DAV) SOP for Retired Officers ref No. Air HQ/99797/Pen-Pol/RP/O/DAV dated 28 Jun 2021 that for a correction or change in the name of the spouse of a Commissioned Officer pensioner of the IAF, and for PBoR where one has to have an affidavit sworn before a 1st Class magistrate. (An aside: a former PD DAV corrected me that it wasn’t Judicial Magistrate First Class!)

 2.      It has been admitted there isn’t any GoI/MoD/DESW approval of the SOP, (ii) the matter is now with the Chiefs of Staff Committee. I am placing my points of fact in greater detail for information.

 3.       List of those empowered to swear in affidavits as per Section 139 of the Code of Civil Procedure 1908 and in the Section 12 onwards in the Code of Criminal Procedure 1973: -

 (a)      Code of Civil Procedure 1908 at Section 139 states, inter alia, states, “Oath on affidavit by whom to be administered – in the case of any affidavit under this code (a) any Court or Magistrate or (aa) any notary appointed under the Notaries Act, 1952 (53 of 1952) or (c) any officer or other person whom a High Court may appoint in this behalf or (c) any other officer appointed by any other Court which the State Government has generally or specially empowered in this behalf may administer the oath to the deponent (italics supplied).

 (b)     Section 3 in the Code of Criminal Procedure, 1973

 3. Construction of references.

 (1) In this Code,-

(a) any reference, without any qualifying words, to a Magistrate, shall be construed, unless the context otherwise requires,-

(i) in relation to an area outside a metropolitan area, as a reference to a Judicial Magistrate;

(ii) in relation to a metropolitan area, as a reference to a Metropolitan Magistrate;

(b) any reference to a Magistrate of the second class shall, in relation to an area outside a metropolitan area, be construed as a reference to a Judicial Magistrate of the second class, and, in relation to a metropolitan area, as a reference to a Metropolitan Magistrate;

(c) any reference to a Magistrate of the first class shall,-

(i) in relation to a metropolitan area, be construed as a reference to a Metropolitan Magistrate exercising jurisdiction in that area,

(ii) in relation to any other area, be construed as a reference to a Judicial Magistrate of the first class exercising jurisdiction in that area;

 (d) any reference to the Chief Judicial Magistrate shall, in relation to a metropolitan area, be construed as a reference to the Chief Metropolitan Magistrate exercising jurisdiction in that area.

(2) In this Code, unless the context otherwise requires, any reference to the Court of a Judicial Magistrate shall, in relation to a metropolitan area, be construed as a reference to the Court of the Metropolitan Magistrate for that area.

(c)      Sections 11 to 15 define Judicial Magistrates First Class and Second Class, Sections 16 to 19 define Metropolitan Magistrates.

(d)      Section 20 – 23  defines Executive Magistrates who are appointed by State Governments which includes the District Collector who is District Magistrate, Tehsildars etc. 

4.       Changes/corrections of name/date of birth and other occurrences listed in the SOP are civil procedures. Therefore, swearing in an affidavit should comply with Section 139 of Code of Civil Procedure which states - Oath on affidavit by whom to be administered – in the case of any affidavit under this code

(a) any Court or Magistrate or

(aa) any notary appointed under the Notaries Act, 1952 (53 of 1952) or

(b) any officer or other person whom a High Court may appoint in this behalf or

(c) any other officer appointed by any other Court which the State Government has generally or specially empowered in this behalf may administer the oath to the deponent (emphasis supplied).

5.       Therefore,

(a)      It is clear that the High Court, with prior approval of the State Govt has decided who can swear in any affidavit. As will be seen below, (Karnataka, where I reside) High Court Rules do not restrict/specify who can swear in only a specific category of affidavit. Surely, DAV cannot overrule a High Court.  

(b)     In exercise of the powers conferred by Section 122 of the Code of Civil Procedure (Central Act V of 1908) and all other powers thereunto enabling the High Court of Karnataka, with the approval of the Government of Karnataka, and in suppression of the Rules of Practice continuing in force by virtue of Section 119 of the States Reorganisation Act, 1956 (Central Act XXXVII of 1956) in different areas of the State, The Karnataka Civil Rules of Practice, 1967 (https://karnatakajudiciary.kar.nic.in) were enacted. There would be similar Rules for each State.

(c)      The Karnataka Rules referred to above states in Chapter 12 Part B Affidavits at Para 5 (i) Under Section 139 (b) of the Code of Civil Procedure approximately two to four legal practitioners at the Headquarters of each district and one at each station where there is a Subordinate Judge, are appointed as Commissioners for the purpose of administering oaths and affirmations with the previous approval of the High Court. Oath Commissioners may also be appointed at Headquarters of Tahsils where there are no Subordinate Judges…(emphasis supplied).

6. Supreme Court of India Handbook on Practice and Procedure and Office Procedure 2017 at Chapter IX titled Affidavit states 1. An affidavit for the purpose of any cause, appeal or matter before the Court may be sworn before a Notary or any authority mentioned in Section 139 of the Code or before a Registrar of the Court duly authorized in this behalf by the Chief Justice, or before an Oath Commissioner generally or specially authorized in that behalf by the Chief Justice.

 7.       As the honourable High Courts (and even the Supreme Court) have laid down who can swear in any affidavit vide Section 139 of the Code for Civil Procedure, 1908 instead of searching for an entity titled 1st Class Magistrate, it is requested that the matter of who can swear in affidavits of Air Force pensioners/spouses/children/dependents for changes listed in the impugned SOP may also comply with the laws of the land as given in Section 139 of the Code for Civil Procedure, 1908.

 8.       It is understood from anecdotal/hearsay statements of office bearers of different State chapters of AFA that Directorate of Air Veterans has informed though not in writing that the affidavit from 1st Class Magistrate has been insisted up on by Principal Controller of Defence Accounts (Pension)/Joint Controller of Defence Accounts (Air Force). However, reference numbers of the letter/correspondence from PCDA (P) or JCDA (AF) rejecting affidavits for change/correction of name of spouse/children/dependents signed by other than “1st Class Magistrate,” if any have not been placed on the portal/website of DAV or Air Force Association. Publication of the objections of PCDA(P)/JCDA (AF) would enable action under the RTI Act, 2005 just as it was done for truth about Migration policy for Legacy pensioners (reply “It is agreed to that proposal for seeking consent from pensioners before migration to SPARSH was sent to Ministry vide UO No. 5702/AT-P/CPP/Vol II dated 09.3.2017. However it has already been intimated vide our reply dated 10.08.2022 (under trailing mail) that no approval is available with the Department in this regard.” JCDA (AF) Ms Sonal Mehlawat, IDAS, took a screenshot on 20 Aug 22 and has transferred it to PCDA (P) on 25 Aug 22.) 

9.       It is a well know fact that there is immense pressure on the Courts to dispose of as many cases as possible and even the Apex Court has been reported to have disposed off a record number of cases in 4 days (https://www.hindustantimes.com/india-news/supreme-court-wraps-up-1-8k-cases-in-4-days-under-cji-lalit-101662188348087.html). Magistrates are under similar pressure, so Court clerk(s) have asked for a GoI document that overrules Sections 122 and 139 of Code of Civil Procedure.

10.       It is also known that certain States require Govt Gazette notification for correction or change of name of only Govt employees like Karnataka https://legaldesk.com/affidavits/affidavit-for-change-of-name

                                                                                   Concluded

Friday 12 August 2022

SPARSH - Information to some Frequently Asked Questions

 Defence Accounts Department has provided information (32 pages) in reply to my RTI application.

It is available on this link 


https://drive.google.com/uc?export=download&id=1wTK5h4TKFQjUY-P4AseJlz_gl-TAAQh8

However, there is a contradiction because the reply dated 10.8.2022 states there is no information on consent for Legacy pensioners (pre 1.1.2016) whereas UO No. 5702/AT-P/CPP/Vol II dated 9.3.2017 contains procedure for voluntary migration.


Correct information has been requested for.

Wednesday 10 August 2022

Revision of OROP and related aspects

 

Revision of OROP and related aspects

 

The honourable Supreme Court has awarded the petitioners a revision of One Rank One Pension (OROP) with effect from July 2019. This is in consonance with the Cabinet decision of 2015 submitted to the Hon’ble Prime Minister for approval under Rule 12 of the Transaction of the Business Rules vide this Department’s OM No. 12 (1)/2014/D (Pen/Pol) (Part II) dated 5.9.2015 to the Cabinet Sectt with the following proposals:

 1. The benefit will be given from 1.7.2014.

 2. Pension will be re-fixed for all pensioners retiring in the same rank and with the same length of service as the average of minimum and maximum pension drawn by the retirees in the year 2013. Those drawing above the average will be protected.

 3. The benefit would also be extended to family pensioners including war widows and disabled pensioners.

 4. Personnel who voluntarily retired/retired will not be covered under the OROP scheme.

 5. Arrears will be paid in four half-yearly instalments. Widows will be paid arrears in one instalment.

 6. In future the pension would be re-fixed every 5 years.

 7. OROP is a complex issue. A thorough examination of interest to retirees of different periods and different ranks is needed. The inter-service matters of 3 Forces also require consideration. This is not an administrative matter alone. Therefore, it is proposed that a One Member Judicial Committee may be constituted, which will give its report in 6 months.

 The Cabinet Sectt vide its ID No. 144/1/1/2015-Cab dated 7.11.2015 also communicated the approval of the Hon’ble PM to the said proposals as contained in Para 7 with the following modifications:

 Personnel who opt to get discharged henceforth on their own request under Rule 13 (3) (1) (i) (b), 13 (3) 1 (iv) or Rule 16B of the Army Rules 1954 or equivalent Navy or Air Force Rules will not be entitled to the benefits of OROP. It will be effective prospectively.

 The proposal is for constituting One Member Judicial Committee; instead the approval is for Judicial Committee.

This article focuses attention on three aspects

 Has the formula for calculating Pension of Personnel Below Officers Rank been changed?

 1.         Has the approval of 1997 that pension for Personnel Below Officers rank (PBOR) to be determined as 50% of the highest across the three Services for a given rank, group and years of qualifying service been reversed as brought out in the Cabinet Secretary Committee Report of 2009 quoting the GoM of 2006 where the following recommendations were made by the Committee: -

 "Personnel Below Officer Ranks

 (i)         The proposal of Ministry of defence to bring pre 10.10.1997 PBOR pensioners on par with post 10.10.1997 PBOR pensioners may be agreed to. Since this is a new concession aimed at improving the pension of PBORs, the benefit will be given prospectively and no arrears are to be given. The financial implications for the proposal would be Rs 470.66 crore per annum.

 (ii)        The proposal of the Ministry of Defence to reckon the enhanced rate of classification allowance w.e.f.1.1.2006 on notional basis for the purpose of calculation of pension (as in the case of reckoning MSP for determination of pension) may be agreed to. This recommendation would benefit around 88,000 PBORs who retired between 1.1.2006 and 31.8.2008. The average increase in pension of these PBORs is estimated to be Rs 60 p.m. in Basic Pension. The financial implications for this proposal will be Rs 7.73 crore per annum. This proposal emanates from Sixth CPC’s recommendations and may be implemented w.e.f 1.1.2006. Accordingly, arrears will be paid.  

 (iii)       In order to reduce the gap between the pensions of pre and post 1.1.2006 PBOR pensioners, its is proposed to follow the principle of the Award of GOM of 2006 in the following manner: -

 (a)        To reckon the pension of all pre 1.1.2006 PBOR pensioners with reference to a notional maximum in the post 1.1.2006 revised pay structure corresponding to the maximum of pre-Sixth Pay Commission pay scales as per fitment table of each rank.   

 (b)        Also to continue with enhanced weightage awarded by the GOM.

 This dispensation, which will be applicable to service pension as in the case of GOM award of 2006, will result in average monthly increase in pension of pre 1.1.2006 PBORs in the range of Rs 800 to Rs 1400 for Group Y depending on the rank and years of service. This will benefit approximately 12 lakh pre-1.1.2006 PBOR pensioners. The financial implications on account of this proposal would be Rs 1636 crore per annum. Since this is a new concession aimed at improving the pension of PBORs, the benefit will be given prospectively and no arrears are to be given.

  The answer is “Yes” on the basis of Serial No. 2 of the Cabinet’s approval. That effectively nullifies the submission of the Petitioner in its Review Petition which was dismissed after a hearing in chambers.

 Will the Revision of OROP be beneficial?

 2.         Will the revision of OROP w.e.f 2019 be financially beneficial?

 The answer is a mixed and is the apprehension expressed in the following words, from Ref No. C/7026/VII CPC/84/OROP dated 11 Mar 2019 from Tri Services Pay Staff (TRIPAS), Room No. 116, Kashmir House, on OROP REVISION 2019

 “1.       Reference is made to MoD Dept of DESW letter No. 12(1)/2014/D(Pen/Pol)-Part II dated 07 Nov 2015 (Copy enclosed).

 2.         The salient features of OROP were given in the above mentioned Govt letter. As per para 3(v) of the MoD letter under mention, the first revision of OROP is due on 01 Jul 2019.

 3.         It is pertinent to mention that basis of calculation of pension as per OROP differs from the basis of calculation for pension in 7th CPC. This may have resulted in lower fixation of pension for post 2016 retirees than the one who retired prior to 1.1.2016. It is requested that during the revision of OROP in Jul 2019, pension protection for post 2016 retirees be taken care of.

 4.         In view of the above and to avoid similar situation in future, it is requested that a timeline may be promulgated to review the OROP. The data considered for formulating the revised OROP 2019 for pensioners be shared with Service HQs before finalising the pension tables. 

 5.         It is also submitted that recommendations of One Man Judicial Committee be declassified at the earliest as it may have an effect on the revision of OROP.”

 This apprehension is more glaring in the case of PBOR than in the cases of Commissioned Officers as per the sample tables furnished by PCDA (P) to the MoD. Some of these tables are re-produced below: -

"Ministry may please refer to their above mentioned letter, calling for a comparative table indicating amounts of pension drawn under various Pay Commissions with reference to OROP.

 2.         In this regard it is submitted that calculation has been made, as a representative sample, for two ranks of JCOs/ORs (Havildar and Naib Subedar) and two ranks of Commissioned Officers (Lt Col & Brigadier). The calculation sheet is attached as Annexure A & B for JCOs & Ors and Commissioned Officers respectively. 

 3.         It is submitted that since 6th CPC, two revisions have been made for pre-2006 PBOR pensioners i.e. w.e.f. 01.09.2009 (CSC-2009) and 24.09.2012 (CSC-2012) with the intention to bring them at par with current pensioners. In addition, OROP benefits were given w.e.f. 01.07.2014. On analysing the data of post OROP pensioners, it is seen that: -

 (a) Out of 668 retirees in the period 01.07.2014 to 31.12.2015 in the rank of Havildar, more than 20% of post OROP retirees are drawing pension less than OROP rate i.e. OROP pension is higher than pension of future retirees.

 (b)        The difference is more prominent in the rank of Nb. Sub where more than 95% of post-OROP retired Nb. Subedars are drawing less pension than OROP rates.

 (c)        More than 95% of post 01.01.2016 retirees in the rank of Nb. Sub draw less pension than the revised pension amount of OROP beneficiaries.

 4.         This indicated that a significant proportion of post OROP retirees are getting less pension than past pensioners whose pension has been ameliorated as per OROP.

 

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

Accounts Officer (AT-Pen)

Ref: UO No. 5699/AT-P/OROP/Vol-XiX dated 23.08.2018

 

Annexure A

 REPRESENTATIVE SAMPLE CALCULATION FOR JCOs/ORs

 

Sl No.

Rank

Date

Havildar

Nb. Subedar

 

Group

 

Y

Y

 

QS (Term of engagement)

 

24

26

 

1

2

3

4

1

Pension in 4th CPC (w.e.f 1.1.1986)

1.1.86

689

1057

2

Revision in 5th CPC

1.1.96

2104

3201

3

Revision 6th CPC

1.1.2006

5085

7486

4

Modified Pay Parity

1.1.2006

5820

8330

5

Revision as per CSC - 2009

1.07.2009

6465

10029

6

Revision as per CSC – 2012

24.09.2012

7375

10029

7

Revision as per OROP

1.07.2014

7808

10405

8

Revision in 7th CPC (Col 7 x 2.57)

01.01.2016

20067

28741

9

Pension as on 1.1.2016 if OROP not given (Col 6 x 2.57)

01.01.2016

18954

25775

 

ANALYSIS OF POST 01.07.2014 RETIREES

 

Time period

Havildar

Naib Subedar*

 

Total No. of pensioners with QS 24 Yrs in Gp Y

Pensioners drawing less than OROP rate

% of pensioners drawing less than OROP

Total No. of pensioners with QS 26 Yrs in Gp Y

Pensioners drawing less than OROP rate

% of pensioners drawing less than OROP

1.07.2014 to 31.12.2015

668

134

20.06

463

450

97.19

01.01.2016 onwards

4091

Nil

 

432

418

96.75

* Majority of Nb Sub who have retired after 2014 are currently drawing less pension than OROP

 

Annexure B

REPRESENTATIVE SAMPLE CALCULATION FOR COMMISSIONED OFFICERS

 

1

 

 

Lt Colonel

Brigadier

2

Standard Qualifying Sevice

 

24

28

3

Pay (4th CPC)

 

Min Pay

Max Pay

Min Pay

Max Pay

4

 

Pay

3900

5100

4950

5100

5

Pension

4th CPC

2208

2772

3075

3150

6

Pension under 5th CPC under consolidation

w.e.f. 1.1.1996

5953 to 7286

7993 to 8105

7

Pension under modified parity 5th CPC

w.e.f. 1.1.1996

7093

9550

 

Range

01.01.96

7093 to 7286

9550 to 9550 (?)

8

Pension under 6th CPC by multiplication method

w.e.f. 1.1.2006

16032 to 16487

21583

9

Pension under Modified Parity

w.e.f. 1.1.2006

26265

29145

10

Revision under OROP

w.e.f.1.7.2014

32428

36420

11

Revision in 7th CPC (Col 10 x 2.57

w.e.f 1.1.2016

83340

93600

12

Revision if he had not been granted OROP (Col 9 x 2.57)

w.e.f.

1.1.2016

67502

74903

 

ANALYSIS OF NON-OROP BENEFICIARIES

 

Time period

Lt Col *

Brigadier

 

Total No. of pensioners with QS 24 years

Pensioners drawing less than OROP rate

% of pensioners drawing less than OROP

Total No. of pensioners with QS 28 years

Pensioners drawing less than OROP rate

% of pensioners drawing less than OROP

1.07.2014 to 31.12.2015

246

232

94.3

97

8

8.25

01.01.2016 onwards

514

401

78.02

239

1

0.42

* Majority of Lt Col who have retired after 2014 are currently drawing less pension than OROP

 

Fate of Report of One Man Judicial Committee

The Third Aspect that remains unfulfilled is the Report of the One Man Judicial Commission. Smt Nirmala Sitharaman, as Raksha Mantri constituted a 3 member Internal Committee (Shri Ravi Kant, then Joint Secretary Ex-Servicemen Welfare (later Secretary ESW and now superannuated ; Shri R K Karna Addl FADS and Joint Secretary, Def/Fin and Shri Kanwaldeep Singh, Jt CGDA). The Internal Committee was constituted in July 2017 and mandated to submit its report within 2 months. Not so surprisingly, a reply to a RTI application elicited a reply that no record exists of any dates of meetings of this Committee, even when the Central Information Commission intervened on 29 Apr 2021 in Second Appeal No. CIC/DEXSW/A/2019/127359-DODEF. It has now been intimated by Deptt of Ex-Servicemen Welfare that the Internal Committee has reportedly been re-constituted on 10.12.2021.  Ironically, the new OM states that all other conditions remain unchanged, which means the IC should have submitted its report to Shri Rajnath Singh latest by March 2022!      


[Please note: All information quoted above is based on replies provided by Chief Public Information Officers of Department of Ex-Servicemen Welfare of the Ministry of Defence, Govt of India).