REVISION OF SERVICE PENSION FROM 1.1.1996 ONWARDS - REGARDING

The following petition was sent to all addressees on 15.3.2010 by me, Under Certificate of Posting, which may kindly  be viewed by all vet.brothers and, they may kindly do the same by incorporating their personal/service/pension particulars, if they wish to do so. 

My petitions were replied by some authorities. The one dated 15.1.10 had been sent to ADPA-III for action by DPP&R, GOI,MOD on 18.2.2010, and  the CGDA, New Delhi informed me vide his letter dated 22.2.2010, that the P&H HC order is challenged in in SC and got STAY and hence the effective date 1.1.96 cannot be implemented for now.

Thanks, Gavini VN
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FROM : 612027 EX-SGT GV NARAYANA, C/0 V NARSIMHULU(CONTRACTOR),
H.NO.170/C,BASAVESHWARA COLONY, YELLAMMAKUNTA, MAKTHAL (TQ),
(DIST) MAHABUBNAGAR – 509208 (AP)

TO : 1)THE DEFENCE MINISTER, GOI, MINISTRY OF DEFENCE,
SOUTH BLOCK, NEW DELHI-110011

2)THE SECY. (ESW), DEPTT OF EXSM WELFARE, 5 - A, SOUTH BLOCK,
MINISTRY OF DEFENCE, GOI, NEW DELHI 110011

3) AIR HEADQUARTERS (VB),(AOA), NEW DELHI 110011

4) THE DIRECTOR (PENSION/POLICY), 213, A WING, SENA BHAVAN,
MINISTRY OF DEFENCE, GOI, NEW DELHI 110011

5)THE DIRECTOR, INTGD HQ (AF), SOUTH HUTMENTS, KASHMIR HOUSE,
RAJAJI MARG, MIN OF DEF, GOI, NEW DELHI 110011

SUBJECT - REVISION OF SERVICE PENSION FROM 1.1.1996 ONWARDS - REGARDING

REFERENCES :- 1)GOI MOD PRESS RELEASE ON REVISED PENSIONSD/D 11.3.2010
2) GOI MOD LTR NO.PC.10(1)2009-D(Pen/Pol) DATED 08.3.2010
3) PCDA (P) ALLAHABAD CIRCULAR NO.430 DATED 10.3.2010.
4) GOI, MIN OF PER OM NO.F.NO.45/86/97-P&PW(A)-Part II d/d 27.10.97
5) GOI MIN OF PERS OM NO.45/57/97-P&PG D/D 19.12.97
6) GOI MOD LTR NO.1(2)98/D(PEN/SER) DATED 3/2/98 AND 14/7/98.
7) GOI MOD LTR NO. 1(1)99/D(PEN/SER) DATED 7/6/99.
8) GOI MOF OM F.NO.105/1/2004-IC D/D 1.3.04
9) GOI MOD NO.1(10)/97/D(Pay/Services) D/D 12.3.04
10) HINDU NEWS DT.27.1.2006, PENION INCREASED FOR ARMYMEN IN LOWER RANKS
11) GOI MOD LTR NO. 14(3)/2004-D(PEN/SER)/VOL.III DATED 1.2.06.
12) GOI MOD LTR NO. 14(3)/2004-D(PEN/SER)/VOL.V DATED 2.5.06.
13) PCDA(P) ALLAHABAD CIRCULAR 350 DATED 19.5.06
14) GOI MOD LTR NO.17(4)/2008(1)/D(PEN/POLICY) DATED 11.11.08.
15) PCDA(P) ALLAHABAD CIRCULAR NO.397 DATED 18.11.08.
16) MY PETITION NO.NIL DATED 17.12.2008.
17) AFRO LTR NO.3201/7/P&WW(CBS) DATED 15.1.09
18) MY REPLY NO.NIL DATED 02.2.09
19) MY REMINDER NO.NIL DATED 05.3.09
20) MY PETITION NO.NIL DATED 8.4.09 TO ADALAT OFFICER GUNTUR
21) AFRO LETTER NO.3201/7/612027/11/89/PP&W(PRE-96) DATED 24.4.09
22) DP ADALAT NO.PA/GTR/102 D/D 12.5.09
23) MY REPLY NO.NIL DATED 28.5.09
24) MY REM PETITION NO.NIL DATED 22.6.09
25) AFRO LTR NO.RO/3201/7/P&WW(CBS)/612027 DATED 18.6.09
26) DP ADALAT LTR NO.PA/GTR/102 DATED 18.6.09, 30.6.09 AND 12.8.09
27) AFRO LTR NO.RO/3201/7/P&WW(CBS)/612027 DATED 11.8.09
28) AFRO LTR NO.RO/3201/7/P&WW(PRE-96) DATED 03.8.09.
29) AFRO LTR No.RO/3201/7/P&WW(CBS) DATED 08.12.09
30) PB &HAR HC JUDGEMENT (CWP NO.6223/2007 DATED 26.5.2008
31) MY PETITION NO.NIL DATED 15.1.2010.
32) AIRHQ LTR NO.24229/VI CPC/PP7R-3(i) DATED 18.2.2010

RESPECTED SIRS/MADAM,

1. Apropos to your Press Release on the Revised Pensions w.e.f.1.7.2010 to the Pre-&Post 10.10.97 Armed Forces Pensioners, vide reference cited at Sl.No.1, and a newsitem published in The Hindu on 27.1.2006, on substantial and improved pensionary benefits to armymen, reference cited at Sl.No.10, my this petition to your honour for kind perusal and favourable remedial orders, as requested in the succeeding paras.

2. That I was sanctioned a Service Pension of Rs.551/- w.e.f. 29.11.1989 vide Pension Payment Order No. CS/14/B/11350/1990 on my discharge from the IAF. On my written and e-mail petitions to revise my pension at correct rates, as envisaged in GOI,MOD orders cited at references Sl.Nos.6,7,8,9,10,11, 12 and 13, the AFRO vide their letter cited at Sl.No.25 above, had informed me that - "The Revised Consolidated Pension (RCP) and Revised Pension(RP) payable to me with 18 years of qualifying service is as per the details appended below:-

RCP Rs.1694/- wef 1.1.96 Table No.135 annexed to GOI MOD ltr No.1(2)/98(Pen/Ser) d/d 14/7/98 (V CPC recommendations).

RP Rs.2541/- wef 1.4.04 Table No.62 annexed to O/o the PCDA(P) Allahabad circular No.350 d/d 19/5/06 (with 50% DP merged).

RP Rs.1837/- wef 1.1.06 ---------------------------do----------------------- (without merger of 50%DP)

RP Rs.2755/- wef 1.1.06 --------------------------do-------------------------(with 50% DP merged)

RP Rs.4218/- wef 11.1.06 GOI MOD ltr No.17(4)/2008(1)/D(Pen/policy) dated 11.11.08 and O/o PCDA(P) Allahabad Circular No.397 d/d 18/11/08 (VI CPC recommendations).”

However, AFRO vide their letter reference cited at Sl.No.27 have informed that “ hence the above Govt orders aare not beneficial to PBORs. Further, it is clarified that the restructuring of groups viz.X,Y & Z in IAF came into effect ffrom 10.10.97. Hence, this policy is not applicable to Pre-10.10.97 retirees. Further, it is clarified that tthis office being a processing agency is unable to comment on policy matters.”

3. The above rates have been revised as at the latest table No.114 of Circular 430 (vide reference cited at Sl.No. 3) shown below:-

a)PRE-1.1.96 CASES:- V CPC PENSION - Rs.1694/- w.e.f.1.1.96, IMPROVED PENSION WITHOUT DP –Rs.1837/-, WITH DP Rs.2755/- & CONSOLIDATED - Rs.4153/-PM W.E.F.1.1.2006

b)POST-1.1.96 &PRE-10.10.97 CASES:- V CPC PENSION – Rs.1760/- w.e.f.1.1.96, IMPROVED PENSION WITHOUT DP –Rs.1837/-, WITH DP Rs.2755/- &CONSOLIDATED –Rs.4153/-PM W.E.F. 1.1.2006

c)REVISED PENSION AS PER COS COMMITTEE REPORT – Rs.5531/- W.E.F.1.7.09.

4. My service pension figure, for 18.5 years after including my boys service period (total service from 19.5.1971to 28.11.1989), shall be revised upward to Rs.563/-pm w.e.f.29.11.1989, V CPC Rs.1730/-, w.e.f.1.1.96, Rs.1875/- (without DP), with DP Rs.2812/-, and consolidated Rs.4239/- w.e.f.1.1.06 and Rs.5647/- w.e.f. 1.7.09 as per circular 430 (table 114) d/d 10.3.2010. This can happen only after my Corrigendum PPO is issued by AFRO as per their letter reference cited at Sl.No.29 above.

FIXED MEDICAL ALLOWANCE

5. The GOI have granted a Fixed Medical Allowance @Rs.100/- w.e.f. 1.12.1997 to all Non-CGHS pensioners, including armed forces pensioners vide Orders cited at l.No.5 above. The VI CPC had recommended that this allowance may suitably be revised by the Govt. In these hardprone days, the cost of medical facilities have gone up steeply and hence thee Govt may enhance Fixed Medical Allowance to at least Rs.2000/- pm and release orders most urgently.

CLASSIFICATION ALLOWANCE/GCB PAY

6. The GOI have extended the benefit of Classification Allowance (@50%) to Indian Army pensioners w.e.f.10.10.97 and to all three forces pensioners (@100%) w.e.f.1.1.2006 on the recommendations of the V and VI CPCs. This facility may also be extended to me also w.e.f.10.10.97, since I have passed JWO prom examination in 1984-85 and was drawing I,II and III rates of GCB Pay on the date of my retirement, and appropriate orders may kindly be issued to include these allowances into my pension amount.

EFFECTIVE DATE AS 1.1.96

7. The Panjab and Haryana High Court vide reference cited at Sl.No.30, had quashed the effective date 1.1.06, of improvements in the pensionary benefits to armed forces personnel as per GOM recommen-dations in terms of GOI MOD Order (dated 1.2.06, Para 9), reference cited at Sl.No.11, and directed the GOI to grant revised pensionary benefits to all the Petitioners and similarly situated PBORs within a period of 6 months. Therefore, implementation of this judgement may kindly be done in my case also, and my Service Pension (for 18.5 years total service) may kindly be revised/refixed at the appropriate rates, w.e.f. 1.1.1996.

MINIMUM PENSION @50% OF MINIMUM BASIC PAY SCALE OF RANK/GROUP

8. The Govt have granted a Minimum pension of Rs.375/- pm w.e.f. 1.1.1986 (IV CPC rate) was revised upward to Rs.1275/-pm w.e.f. 1.1.1996 (V CPC recommendations) vide GOI Orders reference cited at Sl..No.4 and 6 above. The formula was simple – 50% of the Basic Pay of the Lowest Cadre CG Employee i.e. Lowest starting Basic Pay Scale of Rs.2550/- and was applicable to all CG employees including the Armed Forces Pensioners. The lowest Basic Pay Scale of an Aircraftsman (V Group) was Rs.2975/- w.e.f. 1.1.96 and the minimum pension should have been Rs.1488/- w.e.f. 1.1.96. And therefore, in my case – as Sgt (GP- III) Min. Pension should have been 50% of minimum basic scale of pay of my rank/group Sgt/III Group) - Rs.3775/2 = Rs.1888/-pm as minimum pension w.e.f. 1.1.96. Further, when the Trades/Groups got merged (III merging to II w.e.f.10.10.97) the Minimum Basic Scale of Pay attached to Group II/Sgt was Rs.4320/- and as such my minimum basic pension should have been 50% of this pay scale, i.e. Rs.2160/-pm w.e.f.10.10.97. This benefit of revised rates of pensions w.e.f. 1.1.96 and/or 10.10.97 were not at all extended to me, in terms of STIPULATION OF MINIMUM PENSION OF NOT LESS THAN 50% OF BASIC PAY OF SCALE OF RANK/GROUP HELD BY ME (SGT/III/II).

MERGER OF 50% DA WITH BP AS DEARNESS PENSION W.E.F.1.4.2004

9. The Govt of India, in terms of recommendations of V CPC, have sanctioned/granted merger of 50% DA with the Basic pay of all CG employees and pensioners including the armed forces pensioners w.e.f. 1.4.2004 vide OM reference cited at Sl.No. 4 and 5 above. This concept of Merger of 50% DA equival-ent amount of Merger with the Basic Pension of all Central Govt employees/pensioners and the Armed Forces Pensioners flowed from the V CPC recommendations, i.e. whenever the DA rates exceed above 50%, the same may be merged with the Basic Pay/basic pension scales and this was done wef 1.4.2004, as the DA rates rose to 59% as on 1.1.2004. Therefore, my Consolidated Pension should have been revised and fixed at Rs.2160/- +1080=Rs.3260/-pm w.e.f.1.4.2004. This formula had nothing to do with the POLICY OF GOI MOD ON IMPROVEMENT IN PENSIONARY BENEFITS TO ARMED FORCES PENSIONERS ON GOM RECOMMENDATIONS OR THE PARITY IN PENSIONS ON THE CoS RECOMMENDATIONS D/D 30.6.09. It appears that this concept was completely MIS-CONCEIVED/MIS-UNDERSTOOD, so far as it relates to the Armed Forces Pensions, and was wrongly applied in my pension by including ERRRONEOUSLY in PCDA(P) ALLAHABAD’S MOST IMPORTANT CIRCULARS NO.350 AND 430. The resultant effect of these orders – my Pension Consolidated pension rates were adversely affected, with a substantial financial loss.

IMPROVEMENTS IN THE PENSIONARY BENEFITS OF PBOR (AS PER GOM REPORT-2004) W.E.F.1.1.2006

10. The GOI, MOD orders cited at reference cited at 6 and 7 have, once again, clearly mentioned the MINIMUM BASIC PENION shall not be less than 50% of the MAXIMUM OF THE PAY SCALE OF THEE RANK/GROUP HELD by the pensioner, subject to a MINIMUM PENSION OF Rs.1913/-. In other words, simply the 5th CPC Minimum Pension has been upped by 50% i.e.Rs.1275/- + 1275/2 = Rs.1913/-.wef 1.1.96, (but implemented w.e.f.1.1.2006 - this date struck down by P&H HC Orders). These orders shifted the focus, of fixing the minimum pension based on the MAXIMUM PAY SCALE OF RANK/GROUP, W.E.F.1.1.96, as per the recommendations of the Group Of Ministers which were accepted by the Govt. The Maximum Basic Pay of my rank Sgt/Gp.Y w.e.f.10.10.97 is Rs.5595/- (1.7.09 pensions determined on this figure in my case). As a result, naturally my pension fixation undergoes further change i.e. Rs.5595/2 = Rs.2888/- at the minimum level w.e.f.10.10.97/1.1.96, and   the consolidated pension as on 1.4.2004 should have been Rs.2888/-+1444(50% DA Merged) = Rs.4332/-, and upto 31.12.05. And as such, wef 1.1.06, my pension should have been fixed at Rs.4332/-pm in terms of these orders, but the same was again not incorporated in the PCDA(P) Circulars cited at reference Sl.Nos.3 and 13 above, thus negating the very Concept of Minimum Pension formula as prescribed in GOI orders.

REVISION OF PENSION AS PER VI CPC

11. Since my basic pension as on 31.12.05 should have been Rs.4332/- pm (MINIMUM) and  my revised basic pension as per VI CPC formula should have been Rs.2888/-x2.26=Rs.6527/-pm, had the all the above Govt orders were properly implemented.

12. You are, therefore, requested to kindly intervene, bestow personal attention and pass orders so that my correct pension is revised/refixed by AFRO as stated above and issue a Corr.PPO at an early date.

4. Thanking you sir.


Yours faithully,
                                    sd/-xxxxx
Date :-15.3.2010      (GV Narayana)Ex-sgt

Copies for kind information and necesssary action - To.

1) AIR HQ(RKP),DPP&R-3(i), West Block VI, New Delhi-110066
2) AIR HQ (VB), DDPA-III, NEW DELHI-110011
3)CGDA, WEST BLOCK, RK PURAM, New Delhi- 110066.
4) PCDA(PENSION),DRAUPADI GHAT, Allahabad(U.P.)
5) Jt.CDA(AF),C/O AFCAO,SUBROTO PARK, New Delhi-110010
6) AFRO, SUBROTO PARK, New Delhi -110010
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