ESM: Voice of Veterans Dehradun

Press Release: Facts of the case which need be rectified to solve 6th CPC problems.

As you know there was no representation of Defence Forces in the 6th CPC and all the data fed to 6th Pay Commission was through the MOD(Ministry of Defence). The three Service Chiefs had made presentation on the subject to the Hon’ble Defence Minister in April 2006. After the 6th CPC. awards the chairman of the Chiefs of Staff committee and other chiefs, again made representation of the core issues as genuine grievances emanating from the anomalies of the 6th CPC awards. The matter though referred to the group of Secretaries and later to the Group of Ministers, continues to be lying in cold storage. You can well imagine the priorities being given to the problems of Defence Forces.

Fourth Pay Commission had authorized from 1.1.1986, Rank Pay as Special Pay due to peculiar service conditions, to be paid in addition to the substantive Pay(Integrated Pay Scale). It was deemed to be ‘Military Service Pay’. It was proportional to the Rank held varying from Rs 200 to 1200 from Capt to Brigadier. This was doubled by the 5th CPC. It was ironically deducted from the Integrated Pay and this was held as incorrect deduction by the Hon’ble Kerala High Court order 5.10.1998 and 4.7.2003 and SLP filed by the Union of India was dismissed by the Hon’ble Supreme Court order 12.7.2005.

The incorrect deduction of Rank Pay was again resorted in fixation of pay under the running pay band introduced under 5th CPC award 1.1.1996. Factually the Rank Pay of Rs200 to Rs1200 for respective ranks was NOT paid and the affected officers Capt to Brig were deprived of the rank pay, though authorized. Consequently the basic pay and status stood scaled down under the 6th CPC award. The aforesaid Court orders have not been implemented to date. Neither this fact has been brought on record of 6th CPC nor was deliberated. As such the CPC was misled with incorrect data placed on record resulting in scaling down the status and pay scales of the commissioned officers viz a viz their counterparts in civil services Gp A officers and CPMFs. This has been the core issue as the genuine grievance.

It may be added here that our financial Pundits instead of giving Rank Pay in addition to normal pay, showed it as paid in the Pay Slips of the officers but actually had deducted it from their ‘Basic Pay’ so that Defence officers neither come to know of it nor get any amount extra than their civilian counter parts as authorized by the 4th CPC. This is a calculated mischief played and those who committed it should be brought to book. These are the guys who are preventing even Court Orders from being implemented.

As you know, the status, the Scale and allowances of all employees, are worked out on the basis of their Basic Pay alone and the 6th CPC has put all Defence officers accordingly in lower scales and Grades in comparison with their civilian counter parts on the basis of their reduced Basic Pay. This aspect was not brought to the notice of 6TH CPC by the MOD, in spite of the Hon’ble Kerala High Court judgment Orders dated 05.10.1998 &04.7.2003 and their SLP having got dismissed by the Hon’ble Supreme Court of India, Order dated 12.7.2005. The implementation of the Court’s judgment were explicit in their direction and there was no justification to skip the issue at sixth CPC stage. Further, the Hon’ble Supreme court have held that wherever a discrepancy has been detected and orders passed, in similar cases, the matter need not be referred to courts again and the Departments concerned should settle the cases. When veterans filed writ petitions in different Courts to make their claims on non- compliance of orders, they have tried to call it Sub-Judice, though there is nothing of the sort as no one has challenged the said judgment.

It created all the anomalies being faced by the Defence Personnel now for which all this hue and cry is taking place. If they simply restore the deductions made in the Basic Pay as stated above, the officers will automatically come in higher scales and they will get the same Pay, grade and status what their civilian counter parts are getting and all the anomalies raised would get solved. Even the Ex Factor of 1.86 which is applied on Extent Pay, would bring parity. Since all officers were getting ‘Rank Pay’ before 6th CPC, all should automatically become entitled to Military Pay authorized by the 6th CPC now, whether they retired before or after 1.1.2006. Wherever the scales are the same in Defence as in other civilian Departments, the grade pay sanctioned for those, should also be equal to maintain parity in scale and status.

Admissibility of MSP is being contended as a new disposition with effect from 1.1.2006 and shall reckon for pension of retirees from 1.1.2006. The said contention is misplaced and erroneous where as it is extension of the Rank Pay granted from 1.1.86 for peculiar service conditions and deemed as MSP. Thus, logically the MSP now introduced at the scale of Rs.6000/- for officers rank up to Brigadier and Rs. 2000/- for PBOR is extension of Rank Pay and admissibility of pension at maximum of pay scale of post/rank held. The MSP should thus be admissible to all pre and post 1.1.2006 retirees and shall be in conformity with the concept of modified parity enunciated by the 5th CPC award.

In case of PBORs the ‘Group Pay’ has been retained for group X but the same has been withdrawn for groups Y&Z in the process of merging both, which needs to be restored. On the contrary the scales of civil Para- Military forces, Constables right up to circle Inspectors in some categories, have been raised but in case of Jawans, who are much more skilled than those and live much more tougher lives, have not been brought even to their level. The extent scales of PBOR should be immediately up graded keeping the role and hazardous service conditions and lower retirement age of 40- 50 years as compared to 55 years for CPMF.

The PBOR used to get pension on maximum of the scale which has now been reduced to 50% of their last pay they draw at the time of retirement. Why scaling down their maximum of the scale as they use to be entitled? This way they were coming closer to one rank one pension formula. Little more weightage in service, as done some time back, would have solved this problem. It can still be solved by giving weightage which brings to full service and solves this problem once for all. For officers too, if they put them to the maximum of the new scale at the time of retirement, the problem gets automatically resolved. All committees formed to discuss Defence Welfare matters should have Defence representatives in those as members to project Defence point of view.

If these points are taken care of by the authorities all the problems get automatically solved. Data, if any, required to support the above case can be produced and is available with our expert Col KL Dewan, who has studied, worked out the details and compiled it. It will boost the morale of the troops and also of those who wish to join Armed Forces.

We are thankful to our Service chiefs for presenting facts boldly for the welfare of the troops.

Brig KG Behl (Retd)
President Dehradun Ex- Services League