Office of the CGDA,
Ulan Batar Road, Palam, Delhi Cantt-10
Sub: Re-fixation of pension under OROP - reg
Ministry may kindly refer to their ID No.1(1)/2019/D (Pen/Pol) d/d 28.03.19
forwarding a copy of TRIPAS letter No.C/7026/VII CPC/84/OROP d/d 11.03.19. However,
copy of ibid TRIPAS letter has not been found enclosed. It is requested to
kindly forward the same.
2. Further,
vide Para 3 of ibid ID, Ministry has requested to start preparatory work for
re-fixation of pension under OROP as per para 3(v) of MoD letter dated
7.11.2015. In order to begin work, Ministry is requested to clarify the
following:
(a) W.r.t. Para 3 of
GoI, MoD letter dt. 7.11.15, it may be confirmed whether the same methodology
is to be employed for calculating OROP rates viz. average of minimum and
maximum pension. If so, the year from which data of current retirees is to be
used may be specified.
(b) OROP was
implemented w.e.f. 01.07.2014. Similarly date of effect of this next round of
revisions may kindly be intimated.
(c) It may be
recalled that several issues and anomalies regarding OROP implementation has
been raised earlier. Government has referred three (03) major categories of
these issues to a One Man Judicial Commission appointed vide No. 12 (1)/2014-D
(Pen/Pol) d/d 14.12.2015. Various ESM associations had also made reference to
this OMJC. The report of OMJC is pending with the Ministry. It may be clarified
whether any of the recommendations of the OMJC are to be factored into the new
calculations.
3. It may be
mentioned here that there have been several developments since the issue of
OROP orders in 2015-16. The most significant is the implementation of the
recommendations of the VIIth CPC. The impact of these recommendations with
respect to revision of defence pensions was not factored into the OROP orders.
As per the VII CPC orders, pension revision is to be undertaken by two methods
and pension disbursed by the more beneficial of the two. The first method
requires multiplication of pension as on 31.12.2015 by a factor of 2.57. This
has been done by PDAs. The other method requires notional revision of pay
across subsequent Pay Commission scales to arrive at a notional pay (and
pension) under VIIth CPC scales. This revision has raised the following issues:
(a) The notional pay
formula brings all past pensioners to current rates, almost as if they were
serving under VIIth CPC. This is also the formula used in various Court
judgments seeking to equate past pensioners with current retirees. For example,
Hon’ble Supreme Court judgment in SPS Vains vs. UoI (2008) case and in DS
Nakara case. As such it is a matter for consideration as to whether any logic
exists to initiate the process of OROP revision once the pension of past and
current pensioners has been equated w.e.f.1.1.2016.
(b) The notional pay based
revision in respect of defence pensioners has just commenced. The final pension
of past pensioners (as on 1.1.2016) is not available until this is completed.
Therefore, data for comparing past pensioner with current pensioners is
incomplete to that extent.
(c) Ministry may also
kindly refer to WP No. 419/2016 – Indian Ex-Servicemen Movement and others vs.
UoI. While preparing to brief Ld ASG, Ministry had requested to compare pension
under various Pay Commissions. The result was forwarded to Ministry vide this
HQrs UO dated 23.08.2018 (copy enclosed). The sample study indicated that
application of multiplication factor to OROP pension has created an anomaly
whereby past pensioners are drawing higher pension that those who have retired
between 1.7.2014 and 31.12.2015 and post 1.1.2016 retirees. It may be recalled
that Service HQrs have also forwarded proposals citing this anomaly and seeking
protection of pension of current retirees with respect to OROP pension. If this
anomaly turns out to be widespread, the logic of revising pension of past
retirees to bring them to the level of current pensioners would not
subsist.
4. Ministry is
requested to give directions of how to proceed further in view of the points
mentioned above.
Sd/---------------------
(Kanwaldeep Singh)
Jt. CGDA (Pension)
Shri Pudi Hari Prasad, Joint Sec (ESW)
MoD, Deptt of ESW
South Block, New Delhi
5699/AT-P/OROP-2/Vol-I dated 05.04.2019
Copy to
1. Shri RK Karna, IDAS, MoD
(Fin) For information w.r.t. above
South
Block, New Delhi
2. PCDA (P)
Allahabad : For information with request to compile data in r/o
para 3 (c) above.
Sd/---------------------
(Kanwaldeep Singh)
Jt. CGDA (Pension)
Office of the CGDA,
Ulan Batar Road, Palam Delhi Cantt - 10
Sub: Writ
Petition (Civil) No. 419/2016 – IESM & Others Vs UOI & others
Ref:MoD D (ESW) letter No.4 (5)/2016-D
(Pen/Legal) dated 30.07.18
Ministry
may please refer to their above mentioned letter, calling for a comparative
table indicating amounts of pension drawn under various Pay Commissions with
reference to OROP.
2. In this regard it
is submitted that calculation has been made, as a representative sample, for
two ranks of JCOs/ORs (Havildar and Naib Subedar) and two ranks of Commissioned
Officers (Lt Col & Brigadier). The calculation sheet is attached as
Annexure A & B for JCOs & Ors and Commissioned Officers
respectively.
3. It is submitted
that since 6th CPC, two revisions have been made for pre-2006
PBOR pensioners i.e. w.e.f. 01.09.2009 (CSC-2009) and 24.09.2012 (CSC-2012)
with the intention to bring them at par with current pensioners. In addition,
OROP benefits were given w.e.f. 01.07.2014. On analysing the data of post OROP
pensioners, it is seen that: -
(a) Out of 668 retirees in the period
01.07.2014 to 31.12.2015 in the rank of Havildar, more than 20% of post OROP
retirees are drawing pension less than OROP rate i.e. OROP pension is higher
than pension of future retirees.
(b) The difference is more
prominent in the rank of Nb. Sub where more than 95% of post-OROP retired Nb.
Subedars are drawing less pension than OROP rates.
(c) More than 95% of post
01.01.2016 retirees in the rank of Nb. Sub draw less pension than the revised
pension amount of OROP beneficiaries.
4. This indicated that
a significant proportion of post OROP retirees are getting less pension than
past pensioners whose pension has been ameliorated as per OROP.
Sd/------------
Accounts Officer (AT-Pen)
Shri R K Arora, Under Secretary
(P/L-II)
MoD, Deptt of ESW
Room No. 224, B-Wing, Sena Bhawan, New
Delhi
UO No. 5699/AT-P/OROP/Vol-XiX dated
23.08.2018
Copy
to
1. Shri Manoj Sinha, Under
Secretary
MoD, Deptt of
ESW : For
information w.r.t. above
222, B Wing, New
BhawanNew Delhi
2. PCDA (P)
Allahabad For
Information w.r.t. above
----------------------------------------------------------------------------
Annexure A
REPRESENTATIVE SAMPLE CALCULATION FOR
JCOs/ORs
Sl No.
|
Rank
|
Date
|
Havildar
|
Nb. Sub
|
Group
|
Y
|
Y
|
||
QS (Term of engagement)
|
24
|
26
|
||
1
|
2
|
3
|
4
|
|
1
|
Pension in 4thCPC (w.e.f
1.1.1986)
|
1.1.86
|
689
|
1057
|
2
|
Revision in 5thCPC
|
1.1.96
|
2104
|
3201
|
3
|
Revision 6thCPC
|
1.1.06
|
5085
|
7486
|
4
|
Modified Pay Parity
|
1.1.06
|
5820
|
8330
|
5
|
Revision as per CSC - 2009
|
1.07.09
|
6465
|
10029
|
6
|
Revision as per CSC – 2012
|
24.09.12
|
7375
|
10029
|
7
|
Revision as per OROP
|
1.07.14
|
7808
|
10405
|
8
|
Revision in 7thCPC (Col 7
x 2.57)
|
01.01.16
|
20067
|
28741
|
9
|
Pension as 1.1.2016 if OROP not given
(Col 6 x 2.57)
|
01.01.16
|
18954
|
25775
|
ANALYSIS OF POST
01.07.2014 RETIREES
Time period
|
Havildar
|
Naib Subedar*
|
||||
Total No. of pensioners with QS 24
Yrs in Gp Y
|
Pensioners drawing less than OROP
rate
|
% of pensioners drawing less than
OROP
|
Total No. of pensioners with QS 26
Yrs in Gp Y
|
Pensioners drawing less than OROP
rate
|
% of pensioners drawing less than OROP
|
|
1.07.14 to 31.12.15
|
668
|
134
|
20.06
|
463
|
450
|
97.19
|
01.01.16 onwards
|
4091
|
Nil
|
432
|
418
|
96.75
|
|
* Majority of Nb Sub who have retired
after 2014 are currently drawing less pension than OROP
|
||||||
Annexure B
REPRESENTATIVE SAMPLE CALCULATION FOR COMMISSIONED OFFICERS
1
|
Lt Colonel
|
Brigadier
|
||||
2
|
Standard Qualifying Sevice
|
24
|
28
|
|||
3
|
Pay (4th CPC)
|
Min Pay
|
Max Pay
|
Min Pay
|
Max Pay
|
|
4
|
Pay
|
3900
|
5100
|
4950
|
5100
|
|
5
|
Pension
|
4th CPC
|
2208
|
2772
|
3075
|
3150
|
6
|
Pension under 5thCPC under
consolidation
|
w.e.f. 1.1.1996
|
5953 to 7286
|
7993 to 8105
|
||
7
|
Pension under modified parity 5thCPC
|
w.e.f. 1.1.1996
|
7093
|
9550
|
||
Range
|
01.01.96
|
7093 to 7286
|
9550 to 9550 (?)
|
|||
8
|
Pension under 6thCPC by
multiplication method
|
w.e.f. 1.1.2006
|
16032 to 16487
|
21583
|
||
9
|
Pension under Modified Parity
|
w.e.f. 1.1.2006
|
26265
|
29145
|
||
10
|
Revision under OROP
|
w.e.f.1.7.14
|
32428
|
36420
|
||
11
|
Revision in 7th CPC
(Col 10 x 2.57
|
w.e.f 1.1.2016
|
83340
|
93600
|
||
12
|
Revision if he had not been granted
OROP (Col 9 x 2.57)
|
w.e.f.
1.1.2016
|
67502
|
74903
|
||
ANALYSIS OF NON-OROP
BENEFICIARIES
Time period
|
Lt Col *
|
Brigadier
|
||||
Total No. of pensioners with QS 24
years
|
Pensioners drawing less than OROP
rate
|
% of pensioners drawing less than
OROP
|
Total No. of pensioners with QS 28
years
|
Pensioners drawing less than OROP
rate
|
% of pensioners drawing less than
OROP
|
|
1.07.14 to 31.12.15
|
246
|
232
|
94.3
|
97
|
8
|
8.25
|
1.01.16 onward
|
514
|
401
|
78.02
|
239
|
1
|
0.42
|
* Majority of Lt Col who have retired
after 2014 are currently drawing less pension than OROP
|
||||||
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