Dear
Veterans,
1. The
above meeting of IESM delegating was scheduled on 30 Jul 2024 at 11AM. However, the Joint CGDA (Pension Wing) due to her presence in the Hon’ble
Supreme Court for an important case, the meeting was held with Dy CGDA (Pension
Wing).
2. The Agenda Points were forwarded in advance (attached). The Minutes of the
Meeting held on 30 Jul 2024 are attached for your information and widest
circulation please.
With
Regards,
Maj Gen Satbir Singh, SM (Retd) Advisor United Front of Ex Servicemen & Chairman Indian Ex-Servicemen Movement (IESM) Mobile: 9312404269, 0124-4110570 Email : satbirsm@gmail.com
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MINUTES OF THE MEETING HELD
WITH DY CGDA PENSION WING SHRI SAURABH DHARUCH AT DELHI CANTT HELD ON 30 JUL 24
AT 11OOAM
1. A delegation of IESM visited CGDA office at Delhi Cantt Office for a meeting with Jt CGDA Pension, Jt CGDA Smt. Molly Sengupta regarding pension issues and anomalies of OROP and other issues of concern to Ex-Servicemen and their dependents. Jt CGDA Pension Wing Smt. Molly Sengupta had to rush to HSC to attend urgent issue in the Supreme Court hence meeting was held with Dy CGDA Pension Wing Shri Saurabh Dharuch. Following attended the meeting.
(A) From CGDA : Dy CGDA Pension Wing Shri Saurabh Dharuch
(B) From Indian Ex-Servicemen Movement (IESM)
:
(i) Maj Gen Satbir Singh, SM, Adv. United Front of Ex-Servicemen & Chairman IESM.
(ii) Gp Capt VK Gandhi, Vice Chairman IESM.
(iii) Hony Lt Kameshwar Pandey, Gen Secy IESM.
(iv) Hav Devi Dayal, IESM Office Superintendent.
2. The following points were discussed :
(A) LATEST POSITION REGARDING EQUALIZATION DUE SINCE 1 JULY 2024.
(i) Chairman IESM Gen Satbir Singh explained that order of HSC is very clear on OROP equalization. HSC on had ordered that there will be no delay in future five yearly equalization and equalized OROP pension will be paid ASAP it is due. He further explained that veterans are very old and a large number is in late eighties and it is therefore very important that they are paid their enhanced pension without any delay.
(ii)Gp Capt VK Gandhi Vice Chairman requested Dy CGDA to confirm if the letter dated 10 July issued by GoI is being worked on. Dy CGDA confirmed that MoD has issued the letter dated 10 Jul 2024 accordingly approval for equalization of pension with effect from 01 Jul 2024. He further requested Dy CGDA that IESM has been requesting for the live data which is used in preparing the pension tables. This will help us in satisfying many veterans who come to IESM office with queries about their pension.
(iii)Dy CGDA confirmed that action to pay equalization due on 01 July 24 is in hand and the required tables would be soon issued. Dy CGDA also confirmed that he will study the reasons for not sharing the live data and will share the data if possible.
(B) PAYMENT OF 20% INCREASE IN PENSION ON THE BEGINNING OF 80TH YEAR FOR VETERANS.
(i)Chairman IESM Gen Satbir Singh, SM explained that IESM has won more than 20 cases for veterans for increase of 20% pension on the beginning of 80th year of age. However, GoI has obtained a stay for payment of increased pension in one case of Sqn Ldr Yogesh Choudhary from HSC. He requested that this stay is not good taste as sooner or later this stay is likely to be vacated by the HSC. He requested Dy CGDA to use his good offices and internally take up for speedy payment of increased pension to all those who have their 80th year. This should be effective from the first day of 80th year.
(ii)Dy CGDA explained that this vacation of stay is not within the powers of CDA. MOD has obtained this stay unless they authorize CGDA, it will be within their power to effect any payment. However, he will ensure that payment is not delayed ASAP the stay is vacated by the HSC.
(C)PAYMENT OF ONE EXTRA INCREMENT TO VETERANS WHO HAVE RETIRED ON 30 JUNE OR 31 DEC OF THE YEAR.
(i)Chairman IESM explained that AFT Delhi has awarded one extra increment to veterans those who have retired on 30 June or 31 Dec of the year. CAG has issued a letter to all offices that this be given to all affected pensioners who have retired on and from 30 Jun 2023. However, one veteran Gp Capt VK Gandhi Vice Chairman who had retired on 31 Dec 1999 had approached AFT Delhi for grant of one extra increment from 1 Jan 2000. Hon’ble AFT has kindly ordered in his favour and has granted one increment from 1 Jan 2000. He has sent the AFT judgment and his application to CDA AF for grant of one extra increment as ordered by AFT. The document were sent to CDA AF on 17 May 2024. CDA AF has not taken any action on it and has not even acknowledged the receipt of letter. Dy CGDA was requested to kindly expedite on the letter and ask CDA AF release the payment as ordered by AFT Delhi.
(ii)Dy CGDA assured that he will enquire and ask CDA AF to hasten the issue and take action on the application.
(D) VARIATION OF CUT OFF DATE FOR OROP TO VETERANS RELEASED ON PMR.
(i)Chairman IESM explained that there is a variation in cut off dates for veterans who opted for PMR in the Govt letter dated 7 Nov 15 and 4 Jan 23. The letter dated 7 Nov 2015 very clearly states that veterans opting for PMR from 7 Nov 2015 onward will not be entitled for OROP. This date has been changed in letter dated 4 Jan 2023 without any reason. The letter dated 4.01.2023 has changed the cutoff date from 7 Nov 15 to 1 July 14, thereby depriving OROP to veterans who had opted for PMR between 1 Jul 14 & 7 Nov 15. This change of date of PMR is illegal and needs to be corrected. Chairman IESM also informed that many affected veterans have already approached courts and it is better that this mistake be corrected by GoI and avoid difficult situation in courts of law.
(ii)Dy CGDA pension accepted that this variation in date is there but had no answer for its insertion in the letter. He confirmed that he will check the reasons if any and inform IESM.
(E)VARIATION IN GOVT LETTER DATED 17.01.2013 AND 7.11.2015 REGARDING FIXING OF PENSION OF JCOS AND ORS OF ARMED FORCES
(i) Chairman IESM explained that there is a variation in the GoI letter dated 17.01.13 and 7.11.15 regarding fixing of pension of JCOs& ORs (both letters handed over to Dy CGDA). The letter dated 17.01.2013 clearly states that pension of JCOs/ORS is to be fixed at notional maximum of the rank and group across three services, whereas the letter dated 7.11.2015 has change this to mean of max and min pension of previous year. This change in the formula is arbitrary and is against the law as pay/pension once fixed cannot be changed or reduced. Chairman IESM explained that this variation in fixing pension needs to be corrected and pension of JCOs/ORs needs to be fixed at notional max of the year across three services and t the same needs to be carried forward in OROP-II (01 Jul 2019) and OROP-III (01 Jul 2024) and thereafter in perpetuity. This will uplift the morale of forces and also save GoI from difficult situation in court of law. He further informed that petition has been filed in AFT for correction of this variation.
(ii) Dy CGDA studied both letters and noted this variation. He agreed to look into this and investigate the reason for this variation in fixing of pensions of JCOs/ORs.
(F) GRANT OF PENSION FOR HONORARY RANKS:
(i) Chairman IESM explained that grave injustice is being done to JCOs who are granted hony rank because of their exceptional service record. He explained that JCOs with exceptional reports, who could not be granted next rank because of no vacancy in the rank, are granted hony rank to recognize their service to the nation. There is an anomaly here that if JCO is granted hony rank while in service, he is given pension of higher (hony) rank, whereas a JCO who is granted hony rank even one day after his retirement is denied the pension of higher hony rank. He further explained that all JCOs are recommended for hony rank while in service but the hony ranks are approved on special days like Republic Day, Independence Day or Army/Navy/Air Force Day. JCOs granted Hony Rank while in service, is entitled to Hony Rank Pension; however, if a JCO is granted Hony Rank even one day after his retirement he is not granted Hony Ranks Pension. The terms and conditions for grant of hony rank are the same in both cases. It is felt that all JCOs granted Hony rank whole in service or after retirement should be given Hony rank Pension. Chairman IESM explained that this is arbitrary and is a major cause of lowering morale of good soldiers. He requested that this arbitrariness in fixing the pensions of two good soldiers needs correction. He further informed that many JCOs have already filed petitions in the court of law.
(ii) Dy CGDA explained that this is GoI policy and is beyond his purview. However, he agreed to discuss with competent authorities and will attempt to resolve this issue.
(G) GRANT OF ENHANCE RESERVIST PENSION AS PER AFT JUDGEMENT, REGIONAL BENCH CHENNAI AT CIRCUIT BENCH, HYDERABAD IN THE CASE O.A.NO. 156 OF 2017 DATED 29 JAN 2019 AS AGAINST MINIMUM OF PENSION OF ONLY RS 9000 PRESENTLY BEING PAID TO THEM.
(i) As per existing policy, reservist are being paid minimum pension ie. Rs 9000/- in the 7th CPC as against their entitlement of not less that 2/3rd of the Ex-servicemen Pension (Sepoy). A case was filed by a sepoy in Hyderabad AFT and the judgement was in favour of the Sepoy. The reservist pension in the 7th CPC Rs 11420 (01 Jan 2016) was fixed and Rs 12530 (w.e.f. 01 Jul 2019). However, the GoI has not implemented this judgement. There is a grave injustice to the reservists who had fought 1962, 1965 & 1971 Wars and are in their advanced age. It is strongly recommended that AFT Judgement be implemented. IESM has already written numerous letters to GoI in this regard. The Chairman requested Dy CGDA for his assistance to approach the GoI for implementation of judgement. The Dy CGDA agreed to study the judgement and will approach the Govt accordingly.
(ii) Dy CGDA explained that this is GoI policy and is beyond his
purview. However, he agreed to discuss with competent authorities and will
attempt to resolve this issue.
(H) RESERVIST PENSION TO BE EQUAL TP EX-SERVICEMEN PENSION (SEPOY)
(i) Another case of reservists to modify the existing policy to grant Sepoy’s pension to all reservists has been filed in AFT New Delhi. The case is under progress.
(ii) Dy CGDA explained that this is GoI policy and is beyond his purview. However, he agreed to discuss with competent authorities and will attempt to resolve this issue.
3. The IESM delegation thanked Dy CGDA for a very useful discussion and requested him to use his office to resolve these issues which are affecting the morale of soldiers.
4. The meeting ended at 1300 hours, with vote of thanks to the chair.
Dated : 02 Aug 2024
(Source : Via e-mail from Maj Gen Satbir Singh, SM (Retd)
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