IESM: Memorandum for Hon'ble Members of Parliament

Dear Hon’ble Members of Parliament,

There are nearly two million Ex- Servicemen (ESM) pensioners in the country, with 60,000 being added annually. They gave their best years in safeguarding India’s integrity and security. Military service has many unique features. The vicissitudes of life in the defence services can only be experienced; these cannot be explained. Apart from difficulties, hardships, dislocation and dangers, the steep pyramidal promotion structure in the defence forces makes promotions very few, and much delayed. Majority of defence personnel are left out at the lowest rung and these are then compulsorily retired from service when they are in their age group of 35-40 years. At this stage their salaries are low and consequently their pensions are meagre. What is more their financial needs at this stage of life are at their peak. There is no institutionalised provision for a second career for them, which could keep them usefully occupied till the age of Sixty years when their counterparts in other government jobs retire. Despite these hardships even after shedding the uniform these hapless citizens continue to live by the ethos and ethics of the military service and remain physically and mentally ready to serve the country in any capacity, whenever and wherever needed. In return it is reasonable for them to expect that the government would ensure for them a retired life of dignity, honour and reasonable material comfort. It is also expected that the government would ensure equity and justice and treat all ESM – the old and the young – with a common yard stick and not create different categories and classes among them.

Demands
The ESM face several problems on shedding their uniform and in readjusting to the civilian life after living long years in isolation. Having got used to a hard life they tend to take most of these difficulties in their stride. However, they have some minimum inescapable demands that are more in the nature of seeking justice rather than any pecuniary gains. These demands are listed in subsequent paragraphs.

1. One-Rank-One-Pension (OROP)
Pension is a reward for services rendered. Logically two individuals rendering equal service – both in terms of quality and measure – should get equal pension. Translating it in military parlance, two individuals who have served for the same number of years (equal service) and have handled similar responsibility (same rank) should be given equal pension, irrespective of the date on which they retired. Therefore, OROP in actual terms implies ‘equal service-same rank-equal pension’.
This demand is over two decades old and makes sad history. Smt. Indira Gandhi was committed to giving it, but destiny snatched her away. So was Rajiv Gandhi in 1989. The Congress-supported government of Mr. Gujral had agreed, but his government fell before it could be notified. In November 2000 Mrs Sonia Gandhi herself endorsed the demand of OROP in a public meeting in Chandigarh. Even in the last Lok Sabha elections the Congress Party election manifesto included a resolution stating ‘Long pending issue of One Rank One Pension will once again be re-examined and a satisfactory solution arrived at expeditiously’.
The Standing Committee of Defence in their twentieth report dated 19.08.2003 presented to the Parliament had stated in Para 99:
“The Committee have been recommending for grant of ‘One Rank One Pension’ to the armed forces personnel time and again. The Committee observe that successive Governments and Pay Commissions have made improvements in the pension structure keeping in view the cost of living index. This has accentuated the disparity of pensionary benefits between pensioners of the same rank. The older pensioners who have become infirm in ability and capability and burdened with a larger social obligation receive pension calculated at the rate of pay at the time of their retirement in 1950s or 1960s or 1970s, which is quite paltry and the Dearness Relief quite inconsequential in today’s context of inflation and shrinking purchasing purchasing value of money. The nation must repay its debt to those defendants of the motherland with gratitude and humility. We should, instead of, looking for precedents in this regard, create precedents for the others to emulate. Any amount paid in this regard would be small token of our gratitude to them. The Committee, therefore, once again reiterate their earlier recommendation for providing ‘One Rank One Pension’ to the armed forces personnel.”
The issue was also included in the President’s Opening Address to the Parliament in 2004, which makes OROP a stated government policy.
In 2005 the UPA Government through their Group of Ministers headed by Shri Pranab Mukherjee had given personnel below officer rank (PBOR) full parity with Fifth Pay Commission scales. Though this did not meet the ends of justice as far as OROP as a concept is concerned, at least the PBOR were brought close to OROP in financial terms. Ironically the Sixth Pay Commission has undone all that. By creating different categories of pre-1996, of 1996 to 2005, of 1.1.2006 to 30.9.2008 and of 1.10.2008 onwards, they have actually adopted a ‘one-rank-several-pensions’ concept. Nothing could be more disheartening and frustrating for the ESM.
The total annual expenditure for OROP, as worked out by the Standing Committee for Defence in 2003 was Rs 613.78 Crores. With inflation it might have gone up to approximately 1,000 Crores. The OROP is to be given only from the date of applicability of Sixth Pay Commission and there is no backlog of expenditure involved.
It needs to be reiterated that the demand for OROP is a demand for justice. The ESM are demanding fairness. They are demanding equal pension for equal service and not more pension per se. Their demand is based on equity and non-discrimination between the older and the younger pensioners.

2. Resettlement
Defence forces are unique in that keeping in mind the need for a youthful military, the majority are retired at a relatively young age when their financial needs are at a peak. The worst hit in this are the PBOR. The law of equity demands that all government employees be kept employed till the age of superannuation. Despite recommendations by successive Pay Commissions for a second career through lateral induction into Para Military and Central Police Forces, nothing has so far been done. In fact the Sixth Pay Commission has devoted one full chapter to the subject of lateral induction in their report but the government has done nothing thus far in this direction after the report was tabled on 24 March 2008. From experience it is seen that the Central Police Organisations are reluctant to offer jobs for retiring military personnel. It is recommended that the resettlement till the age of sixty years be guaranteed through a Parliamentary Act. Till such time the resettlement is actually effected, the ESM be compensated financially by paying them the last salary drawn as pension till the age of sixty years. Incidentally, the concept of enhanced pension as compensation for early retirement of military pensioners is already in vogue in many countries.

3. National Commission for ESM
There are several national commissions in existence to look after the interests of various categories or groups. On similar lines a National Commission for ESM with necessary statutory powers needs to be constituted to safeguard the genuine interests of the large population of ESM across the country. As per media reports this demand is already under consideration of the government. However, its reported composition would defeat the very purpose of the commission. Reportedly, it is headed by a retired judge of the Supreme Court or High Court, and among others has Mrs Mohini Giri and a retired bureaucrat as its members. It needs to be highlighted that only those who are familiar with and understand the problems of the ESM be included in the proposed commission Just as the National Commission for Women is headed by a woman, the Minority Commission by a member of the minority community and the SC/ST Commission by a member of SC/ST, the ESM commission must also be headed by an ESM. It must also have members only rom the ESM community who have the knowledge and the feel of the problems of the ESM. On similar grounds a Service widow is recommended to be included as a member. The proposed Commission should have a serving military officer as its secretary. Legal, financial and other experts can be co-opted whenever needed.

4. Representation of ESM
There are a very large number of ESMs in the country. It has been the experience that whenever decisions affecting their interests are taken, they are denied any say in the formulation of those decisions. This gives them a sense of discrimination. To avoid any such misgivings it is recommended that an ESM representative must be included in all committees/ commissions/ bodies where decisions impacting on the interests of the ESM community are being made. This should also include the central pay commissions.

Conclusion
Out of the above four demands the two demands at Serials 3 and 4 will admittedly take some time to fructify. However, the first two demands i.e. the OROP and enhanced pension to compensate for early retirement can be and need to be met immediately. The OROP evokes strong emotions and has become almost a signature tune in every ESM household. Its favourable resolution by the government is likely to earn the gratitude, sympathy and support of all ESM, their families and friends. Seeing the high emotive content of OROP, the converse could also be true.

Yours sincerely,

Lt Gen Raj Kadyan
Chairman
Indian Ex- Servicemen Movement
(A Federation of Ex-Servicemen Organisation)
22 Oct 2008