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)
|
6th 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)
|
7th 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 1st
year of implementation of 7th
CPC or fist year of promotion which is against the principle advocated by 7th
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 1st year of implementation of 7th CPC or
first year of promotion which is against the principle advocated by 7th
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 1st
year of implementation of 7th CPC or first year of promotion which
is against the principle advocated by 7th 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 4th and 5th 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 6th 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 7th 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 7th 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 7th 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
To
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 7th 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 6th 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 6th
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 6th 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 30th 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 6th
CPC or MoD did not have the benefit of the honourable Supreme Court’s 2009
judgment in Maj Gen SPS Vains case, the 7th 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 15th July 2009
concurred by Finance Division of MoD vide U.O. No. 2895/SDF dated 15th
July 2009, and No 4(140) 2010/D (Pen/Legal) Vol II dated 10th August
2015 issued with the concurrence of MoD (Finance/Pension vide U.O. No.
17(04)/2015/FIN/PEN/dated 7th August 2015.
9. CGDA and its Principal/Joint
Controllers of Defence Accounts have provided information in reply to CGDFA/R/2017/50280
dated 21st 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
(c) AFCAO through CPIO Air HQ vide
Air HQ/23401/204/4/12206/E/PS dated
20 Sep 2017: -
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 15th 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 6th
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 7th 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 7th 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.
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 1st
year of implementation of 7th CPC or first year of promotion which
is against the principle advocated by 7th 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 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 4th and 5th 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 6th 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 7th 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 7th 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)
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 12th 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 7th 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 7th 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……………………………
To
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 6th 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 12th 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.
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
* * * * * *
