Re employed Ex Servicemen (Rank below commissioned officers) Pay Fixation : Confederation
Ex
Service men Pay Fixation : Confederation writes to Hon'ble Minister of
State, Ministry of Personnel, Public Grievances and Pension
Ref: CONF/GENL/Ex service men/2016 19
Dated : 28.09.2016
To,
Dr. Jitendra Singh
Hon'ble Minister of State Ministry of Personnel, Public Grievances and Pension
102, North Block
New Delhi : 110001
Respected Sir,
Sub :
Ex Service men pay fixation : intervention requested.
1.
It is submitted that pay fixation of re employed Ex Service men who
held rank below commissioned officer/Group A at the time of their
retirement is not carried out in many departments (Eg; Postal
department) as per Government orders issued from time due to
misinterpretation/wrong classification by the administrative
authorities. The re employed Ex Servicemen are being deprived of their
due by the controlling authorities.
2. Department of Personnel
& Training under Ministry of Personnel, Public Grievances and
Pension is the nodal authority in the subject matter. Presently
CCS (Fixation of Pay of re employed Pensioners) orders 1986,
amended from time to time, which act as the basic guideline, is
required to be amended to bring clarity and parity for whole class of Ex
servicemen. The pay of the re employed Ex Commissioned officers/Group
'A' is fixed at a higher stage due to their past service benefit but in
the case of re employed Ex Servicemen who held rank below commissioned
officers, their pay is fixed at minimum of pay scale of re employed post
which is denial of natural justice and violation of fundamental rights,
particularly right to equality, enshrined in our constitution, as
discrimination arises out of such partial provisions. The provision
contained in pay fixation basically are welfare measure to support the
class of Ex Servicemen as a whole. However, this discrimination in pay
fixation had added to their woes.
3. Detailed statement of case
for regularization/streamlining of pay fixation of re employed Ex
Servicemen are enclosed herewith for your kind consideration and issue
of necessary guidelines in favour of veteran Warries of our country who
sacrificed their vital years for India and still engaged themselves in
nation building.
STATEMENT OF CASE FOR REGULARISATION OF
PAY FIXATION OF RE EMPLOYED EX SERVICEMEN (PERSONNEL BELOW OFFICER RANK)
IN CENTRAL GOVERNMENT DEPARTMENTS/ MINISTRIES
INTRODUCTION
Government
of India provides reemployment opportunities to Ex Servicemen
Officers/Other Ranks of Indian Armed Forces in various
Departments/Ministries, Public Sector Organizations & Autonomous
Bodies as a rehabilitation measure due to their compulsory retirement at
early age to keep the forces young. According to CCS (Fixation of Pay
of reemployed Pensioners) Orders 1986 amended from time to time by
DOP&T the Reemployed Officers are allowed to draw a higher stage of
initial pay in consideration with their pre retirement pay on
reemployment in such Government organizations. In case of other
ranks/PBOR (Jawans/NCOs/JCOs) the Government departments and Ministries
have allowed to draw only minimum/entry pay of re employed post as
applicable to fresh recruit. Public Sector organizations viz.,
Nationalised Banks, LIC, NIC and other PSUs have allowed to draw the
higher stage of initial pay (at the stage of pre retirement pay) to
reemployed ex servicemen (Jawans/JCOs/NCOs) as mentioned above.
DETAILED JUSTIFICATION OF THE CASE
Department
of Posts and some other departments has not agreed to allow the higher
initial pay on re employment in consideration with pre retirement pay to
re employed ex servicemen belonging to below officer rank of the Armed
Forces. Most of the Ex servicemen belong to PBOR category retired
(discharged) from service at the age of 35 : 40 years to keep the forces
young. To ensure the minimum survival support earning, Government of
India introduced a higher stage of pay in several manners to the
reemployed ex servicemen from time to time. According to
Dept of P&T OM No 3/1/86 Estt (P II) dated 31 July 1986
the earlier orders relating to fixation of pay of reemployed pensioners
was scattered in a number of OM issued by Ministry of finance from time
to time. Dept. of P&T consolidated all these orders and issued
fresh guidelines in a single order viz., CCS (Fixation of pay of re
employed pensioners) Order 1986. The pay fixation procedure mentioned in
such earlier
OMs (Prior to 1986) issued by Ministry of Finance as under :
1) According to Ministry of Finance,
Dept of Expenditure OM No 8(34) Estt III/57 dated 25 Nov 1958
pay of the re employed pensioners will be fixed at the minimum of pay
scale of the re employed post. In cases where it is felt that fixation
of pay of re employed officers at the minimum of pay scale will cause
undue hardship the pay may be fixed at a higher stage by allowing one
increment for each year of service the officer has rendered before
retirement in a post not lower than that he reemployed. In other words,
if the amount of pay plus pension is less than the last pay drawn before
retirement from previous service, it will be treated as undue hardship.
2)
In case of reemployed pensioner who retired before attaining the age of
55 years, Rs 125/ was ignored from the pension for the purpose of pay
fixation vide
Ministry of finance OM No F.4(3)E III/82 dated 13 December 1978.
3) According to Ministry of Finance
OM No F.4(3) E.III/82 dated 13 Dec 1983
the entire pension of the reemployed pensioners who held below Group A
post/ Commissioned officer rank and retired before attaining the age of
55 years will be ignored for the purpose of pay fixation. In this regard
Para 4(d) (i) of CCS (Fixation of pay or reemployed pensioners) order
1986, amended from time to time may be referred.
Hence in the
cases where pay plus Non Ignorable Portion of Pension is less than last
pay drawn (LPD) before retirement, it will be treated as undue hardship.
In case of Ex : Personnel below Commissioned officer /Group 'A' Officer
Rank, the non ignorable part of pension is zero. So it may be described
such a manner that, if the pay of re employed post is less than last
pay drawn in such cases advance increments will be granted as
instructions given in Ministry of Finance OM dated 25 November 1958.
Hence the pay of re employed ex servicemen (Jawans/JCOs) will be fixed
at higher stage.
4) Now the provisions of CCS (Fixation of pay of reemployed pensioners) Order 1986, and its application is as under: :
(i)
In case of Reemployed officers who held Group A/Commissioned Officer Rank before retirement:
: According to Para 4(d)(ii) such re employed officer who retired
before attaining the age of 55 Years, first Rs 4000/ of his pension only
will be ignored for the purpose of pay fixation. According to Para 4(b)
(ii) Pay of such re employed officers will be fixed at the same stage
as last pay drawn before retirement as a part of pension is only ignored
for the purpose of pay fixation and remaining part of pension will be
deducted from pay so fixed at the last pay drawn. As a result, pay of
such officer is fixed at much higher than the minimum pay of re employed
post.
Illustration as mentioned below:
Colonel
A Retired at the age of 54 Years and re employed as Section Officer [Gp
A Gazetted post in the pay scale of (Rs 15600 (BP) + Rs 5400 (Grade
Pay)] His other details are as under :
Initial pay of reemployed post = Rs 15600 + Rs 5400 = Rs 21000
Last pay drawn in previous service = Rs 54000 (BP) + Rs 8700 (GP) + Rs 6000 (MSP)
Total pay last drawn = Rs 68700/
Pensioned sanctioned = Rs 34350/ pm
Pay fixation on his re employment: :
Step : I : Determination of last pay drawn = Rs 68700
Step : II : Determination of non ignorable = Rs 34350 : Rs 4000 = Rs 30350 part of his pension
Step : III : Deduction of non ignorable = Rs 68700 : Rs 30350 = Rs 38350 Part of pension from
Last Pay Drawn
Step : IV : Fixation of Initial pay = Rs 38350
(In
addition to pay so fixed above, he shall be permitted to draw,
separately any pension sanctioned to him and to retain any other form of
retirement benefit. As explained in para 4(C) of CCS (RP) rules, 2008
vide OM 3/19/2009 dated 5th April 2010.)
From above it is notable
that the minimum pay of the re employed post is Rs 21,000/ and the pay
fixed at Rs 38350/ hence the pay has been fixed at the higher stage due
to consideration of his pre retirement pay. It is justified as the pay
of an experienced person can never be equal to a fresh recruit, but the
same justification should be considered for reemployed Ex Non
Commissioned officer cadre (JCOs/Jawans) also.
In case of
Reemployed Ex servicemen who held rank below Group A/Commissioned
Officer Rank before retirement and retired before attaining the age of
55 years: : According to Para 4(d) (i) such re employed ex servicemen
who retired before attaining the age of 55 Years his entire pension will
be ignored for the purpose of pay fixation.
According to Para
4(b) (i) Pay of such re employed ex servicemen will be fixed at the
minimum of pay scale of reemployed post. Pre retirement pay will not be
considered for his pay fixation. Treatment of undue hardship caused due
to fixation of minimum pay is neglected here.
Illustration as mentioned below: :
Sepoy
ABC (MACP I) Retired at the age of 36 Years and reemployed as Social
Security Assistant in the pay scale of Rs 5830 (BP) + Rs 2400 (GP)
Initial pay of reemployed post = Rs 5830 + Rs 2400 = Rs 8230
His other details are as under: :
Last pay drawn = Rs 9550 (BP) + Rs 2400 (GP) + Rs 2000 (MSP) + Rs 300 (Class pay)
Total pay last drawn = Rs 14250/
Pension sanctioned = Rs 7125/ pm
Pay fixation on his re employment:
Step I Determination of Initial pay of re employed post = Rs 8230
Step II Fixation of Initial pay on re employment = Rs 8230
From
above it is notable that the re employed ex servicemen is allowed to
draw only minimum pay of reemployed post which is Rs 8200/ much less
than his last pay drawn Rs14250/ before retirement, hence the undue
hardship arises as his pre retirement pay has been neglected. The gap
will widen in case we take example of Nb Subedar of Army or a Sergeant
of Air force who gets X pay additionally.
From the illustration
(i) and (ii) it is revealed that the CCS (Fixation of pay of reemployed
pensioners) Order 1986 is not a consolidation of provisions of OM issued
by Ministry of finance rather it is an order issued by Government of
India which intended to give benefit to Ex Commissioned officers and
deprive the Ex servicemen (PBOR). This Order was formulated to serve the
interests of Ex Group 'A' Officers/Commissioned Officer category only
and discriminated against the PBOR/Other Ranks in terms of Right to
equality enshrined in our Constitution of India. The service conditions
were equally harsher to whole class of ex servicemen including all ranks
of Armed Forces; in fact more harsh if service privileges and
promotions are to be considered separately.
5. In addition to above, according to Para 2 of
DOPT OM No 3/13/2008/Estt/Pay II dated 11 Nov 2008
it is clear that the pay of re employed ex servicemen will be fixed
according to rule 7 of CCS RP Rules 2008 with adherence to CCS (Fixation
of pay of reemployed pensioners) Rules 1986 amended from time to time.
The term minimum pay refers here the pay last drawn by the reemployed ex
servicemen before retirement (substantive pay) and the pay should be
fixed in the pay structure of re employed post i.e. the grade pay of re
employed post only admissible in such case. Total pay should be equal to
the last pay drawn by the pensioner. In this regard your attention is
also invited to para 3(v) of
DOPT OM No 3/19/2009 Estt (Pay II) dated 05 April 2010
where it is clearly instructed that the pay of re employed
personnel/officers will be fixed at the same stage as last pay drawn. In
this regard Verdict of Honourable Supreme Court dt 08.11.1996 in the
case of Director General of India Posts Vs B Ravindran may be referred.
6.
Pay of Re Employed Officers is fixed at higher stage due to formula
applied as prescribed in the CCS (Fixation of pay of re employed
pensioners) Order 1986. Whereas the interest of personnel below officer
rank was totally neglected and their pay is fixed at the minimum of pay
scale only which is contrary to natural injustice and violation of Right
to equality enshrined in the Constitution of India as discrimination
arises.
7. Public Sector Banks, LIC, NIC and PSUs are still
allowed the higher stage of initial pay to Ex PBOR with reference to the
Government orders (DOP&T OM dated 05.04.2010). Circular of Indian
Banks Association in this regard may be referred to. Due to
misinterpretation/ambiguous language of Government orders issued on the
subject matter, Central Government departments does not agree to re fix
the pay of re employed ex servicemen (PBOR) category as mentioned in
para 4 above. The re employed Ex serviceman belonging to PBOR category,
are allowed to get their pay fixed only at the minimum/entry pay of re
employed post which is illogical and unlawful decision in terms of
violation of constitutional provisions of fundamental rights. As a
result, a large number of ex servicemen are suffering from financial
hardship besides moral depression.
8. Quoting the same authority
/Govt. orders issued by DOP&T the PSU organizations and Nationalised
Banks (Govt. Undertakings) have facilitated the pay fixation to the ex
servicemen (PBOR) to fix the pay at the same stage as last pay drawn
before retirement but Central Government departments still not agreed to
provide the entitlements to the re employed ex soldiers due to
ambiguous provisions. They cite different reasons that PSUs are
following different pay system etc. forgetting that PSUs derive the
authority from the same Central government, So, how can there be two
sets of rules for same category by same employer (Central Government).
REMEDIAL ACTION REQUIRED TO BE TAKEN
9.
In view of the above it is requested that, your good office should weed
out the actual disparity arising out of incomplete and discriminatory
orders issued by the DOP&T vide CCS (Fixation of pay of reemployed
pensioners) Order 1986 (amended from time to time) and issue necessary
amendment/fresh order in favour of the Ex Servicemen (PBOR) category as
mentioned below: :
For: : Para 4(b)(i)
Where the pension is
fully ignored, the initial pay on re employment shall be fixed as per
entry pay in the revised pay structure of the re employed post
applicable in the case of direct recruits appointed on or after 1.1.2006
as notified vide Section II, Part A of First Schedule to CCS (RP)
Rules, 2008.
It should be read as under
(DRAFT PROPOSAL)
: Para 4(b)(i) where the pension is fully ignored, the initial pay on
re employment shall be fixed as per entry pay in the revised pay
structure of the re employed post applicable in the case of direct
recruits appointed on or after 1.1.2006 as notified vide Section II,
Part A of First Schedule to CCS (RP) Rules, 2008. In cases of reemployed
ex servicemen where pension is fully ignored and pay fixed at
minimum/entry pay of reemployed post which is less than his pay last
drawn in the Armed forces will be treated as undue hardship and his pay
required to be fixed at a higher stage by allowing advance increments
until his pay reaches at the same stage as last pay drawn before
retirement to prevent undue hardship. In addition, he will be permitted
to draw, separately any pension sanctioned to him and to retain any
other form of retirement benefit.
Illustration: Sergeant/Havildar
(any non commissioned rank) ABC Retired before the age of 55 Years and
reemployed in the pay scale of Rs 5830 (BP) + Rs 2400 (GP)
Initial pay of reemployed post = Rs 5830 + Rs 2400 = Rs 8230
Last pay drawn by him = Rs 12000 (BP) + Rs 2800 (GP) + Rs 2000 (MSP) + Rs 300 (Class pay) + GCB 240 + X pay 1400
Total pay last drawn = Rs 18740/
Pension sanctioned = Rs 9370/
Pay fixation on his reemployment :
Step : I Determination of minimum pay = Rs 5830 + Rs 2400 = 8230 (minimum pay of reemployed post)
Step : II Fixation of total pay = Rs 18740/ (Last pay drawn) by allowing advance increment).
Step : III Manner of Re fixation of pay = Rs 16840 (Band Pay) + 2400 (Grade Pay of re employed post)
(This
order should be applicable to all re employed ex servicemen
irrespective of their date of retirement and date of re employment)
CONCLUSION
10.
In the light of the above, it is requested that the fresh
orders/amendments be issued free from any scope of misinterpretation/
ambiguity, clearly mentioning the feasibility of fixation of pay of the
re employed ex servicemen belonging to below officer ranks, at the same
stage as the last pay drawn before retirement, ignoring entire portion
of pension since the pension is miniscule and not even enough to live on
rent in a city. In addition, they shall be permitted to draw,
separately any pension sanctioned to them and to retain any other form
of retirement benefit. Thousands of re employed soldiers suffering from
acute financial hardship due to very low earning even after re employed.
They would get relief with the right approach and initiative if taken
at your end at the earliest. This will also save the Government's
expenditure and precious time of officers on litigations that are either
pending or may be initiated in various courts.
Yours faithfully,
sd/
(M. Krishnan)
Secretary General
Mob: 09447068125
E mail: mkrishnan6854@gmail.com
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Source: Confederation
