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Revision of pension of Pre-2006: Delhi High Court dismissed W.P.(C) 1535/2012 filed by GOI against PCAT Judgement dated 01.11.2011

 

IN THE HIGH COURT OF DELHI AT NEW DELHI 

Date of Decision: April 29, 2013

W.P.(C) 1535/2012

UNION OF INDIA & ANR	.....Petitioners
Represented by:	Mr.Rajeeve Mehra, ASG with Mr.Ruchir Mishra and Mr.Ashish Virmani, Advocates
versus
CENTRAL GOVT. SAG & ORS	..... Respondents
Represented by:	Mr.Nidhesh Gupta, Sr.Advocate with Mr.M.K.Ghosh and Mr.Tarun Gupta, Advocates
W.P.(C) 2348/2012
UNION OF INDIA & ANR.	.....Petitioners
Represented by:	Mr.Rajeeve Mehra, ASG with Mr.Ruchir Mishra and Mr.Ashish Virmani, Advocates
versus
D.L.VHORA & ORS.	..... Respondents
Represented by:	Mr.Sushil Kumar Malik, Advocate
W.P.(C) 2349/2012
UNION OF INDIA & ANR.	.....Petitioners
Represented by:	Mr.Rajeeve Mehra, ASG with Mr.Ruchir Mishra and Mr.Ashish Virmani, Advocates
versus
PPS GUMBER & ORS.	..... Respondents
Represented by:	Mr.Sushil Kumar Malik, Advocate
W.P.(C) 2350/2012
UNION OF INDIA & ANR.	.....Petitioners
Represented by:	Mr.Rajeeve Mehra, ASG with Mr.Ruchir Mishra and Mr.Ashish Virmani, Advocates
versus
CENTRAL GOVERNMENT PENSIONERS ASSOCIATION & ORS	..... Respondents
Represented by:	Mr.Sushil Kumar Malik, Advocates

CORAM:
HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
HON'BLE MR. JUSTICE V. KAMESWAR RAO
PRADEEP NANDRAJOG, J. (Oral)

1. We note that on January 28, 2013 the petitioners have issued an office order dated January 28, 2013 which reads as under:-

"OFFICE MEMORANDUM Sub: Revision of pension of pre-2006 pensioners -reg.       The undersigned is directed to say that in pursuance of Government's decision on the recommendations of Sixth Central Pay Commission, orders were issued for revision of pension/family pensioners vide this Department's O.M. No.38/37/08 P&PW(A) dated 1.9.2008, as amended from time to time. 2. It has been decided that the pension of pre 2006 pensioners are revised w.e.f. 1.1.2006 in terms of para 4.1 or para 4.2 of the aforesaid OM dated 1.9.2008, as amended from time to time, would be further stepped up to 50% of the sum of minimum of pay in the pay band and the grade pay correspondent to the pre-revised pay scale from which the pensioner had retired, as arrived at with reference to the fitment tables annexed to the Ministry of Finance, Department of Expenditure OM No.1/1/2008-IC dated 30th August, 2008. In the case of HAG and above scales, this will be 50% of the minimum of the pay in the revised pay scale arrived at with reference to the fitment tables annexed to the above-referred OM dated 30.8.2008 of Ministry of Finance, Department of Expenditure. 3. The normal family pension in respect of pre-2006 pensioners/family pensioners as revised w.e.f. 01-01-2006 in terms of para 4.1 or para 4.2 of the OM dated 01-09- 2008 would also be further stepped up to 30% of the sum of minimum of pay in pay band and the grade pay corresponding to the pre- revised pay scale from which the Government servant had retired, as arrived at with reference to the fitment tables annexed to the Ministry of Finance, Department of Expenditure OM No.1/1/2008 - IC dated 30-08-2008. In case of HAG and above scales, this will be 50% of the minimum of the pay in the revised pay scale arrived at with reference to the fitment tables annexed to the above referred OM dated 30-08-2008 of Ministry of Finance (Department of Expenditure). 4. A revised concordance table ( Annexure ) of the pre-1996, pre-2006 and post 2006 pay scales/pay bands indicating the pension/family pension (at ordinary rates) payable under the above provisions is enclosed to facilitate payment of revised pension/family pension. 5. The pension so arrived at in accordance with para 2 above and indicated in Col.9 of Annexure will be reduced pro-rata, where the pensioner had less than the maximum required service for full pension as per rule 49 of the CCS (Pension) Rules, 1972 as applicable before 1.1.2006 and in no case it will be less than Rs. 3500/-p.m. 6. The family pension at enhanced rates (under sub rule (3) (a) of Rule 54 of the CCS (Pension) Rules, 1972 of pre- 2006 pensioners/family pensioners revised w.e.f. 1.1.2006 in terms of para 4.1 or this Department's OM No.1/3/2011-P&PW(E) dated 25.5.2012 would be further stepped up in the following manner:- (i) In the case of Government servants who died while in service before 01-01-2006 and in respect of whom enhanced family pension is applicable from the date of approval by the Government i.e.24.9.2012, the enhanced family pension will be stepped up to 50% of the sum of minimum of pay in the pay band and the grade pay corresponding to the pre-revised pay scale in which the Government servant had died, as arrived at with reference to the fitment table annexed to the Ministry of Finance, Department of Expenditure OM No.1/1/2008-IC dated 30- 08-2008. & In the case of HAG and above scales, this will be 50% of the minimum of the pay in revised pay scale arrived at with reference to the fitment table annexed to the above referred OM dated 30-08-2008 of Ministry of Finance, Department of Expenditure. (ii) In the case of a pensioner who retired before 01-01- 2006 and in respect of whom enhanced family pension is applicable from the date of approval by the Government, i.e.24-09-2012, the enhanced family pension will be stepped up to the amount of pension as revised in terms of para 2 read with para 5 above. In case the pensioner has died before the date of approval by the Government, i.e. 24.09, 2012 the pension will be revised notionally in terms of para 2 read with para 5 above. The amount of revised enhanced family pension will, however, not be less than the amount of family pension at ordinary rates as revised in terms of Para 3 above. 7. In case the pension consolidated pension/family pension/enhanced family pension calculated as per Para 4.1 of OM No. 38/37/08-P&PW (A) dated 01-09-2008 is higher than the pension/family pension calculated in the manner indicated above, the same ( higher consolidated pension/family pension ) will continue to be treated as basic pension/family pension. 8. All other conditions as given in OM No.38/37/08-P & PW(A) dated 1.9.2008 as amended from time to time shall remain unchanged. 9. These orders will take effect from the date of approval by the Government, i.e. 24-09-2012. There will be no change in the amount of revised pension/family pension paid during the period 01-01-2006 and 23-09-2012, and, therefore, no arrears will be payable on account of these orders for that period. 10. In their application to the persons belonging to the Indian Audit and Accounts Department, these orders issue in consultation with the Comptroller and Auditor General of India. 11 All the Ministries/Departments are requested to bring the contents of these orders to the notice of Controller of Accountants/Pay and Accounts Officer s and attached and subordinate Offices under them on a top priority basis. All pension disbursing officers are also advised to prominently display these orders on their notice boards for the benefit of pensioners. 12. Hindi version will follow. Sd/- (Tripti P.Ghosh) Director To All Ministries/Departments of Government of India As per mailing list."

2. The only issue therefore which survives is, with respect to paragraph 9, of the office memorandum aforenoted which makes it applicable with effect from September 24, 2012, and thereby denying arrears to be paid to the pensioners with effect from January 01, 2006.

3. In short, the Government of India has tacitly admitted that it was in the wrong and that the Tribunal is correct.

4. As is well known, the recommendations of the 6th Pay Commission did away with the hitherto fore applicable pay scales; replacing the same with pay bands having grade pay. For example, pay band I (PB-I) was Rs.5200-20200 and embraced 12 previous pay scales between Rs.2750-4400 and Rs.8000-13500, but with 12 grade pays between Rs.1800-5400.

5. How would the existing pensioners get pension was decided by the Government as per a resolution dated August 29, 2008 which accepted para 5.1.47 of the recommendations of the 6th Pay Commission to the following effect:-

"All past pensioners should be allowed fitment benefit equal to 40% of the pension excluding the effect of merger of 50% dearness allowance/dearness relief as pension (in respect of pensioners retiring on or after 1/4/2004) and dearness pension (for other pensioners) respectively. The increase will be allowed by subsuming the effect of conversion of 50% of dearness relief/dearness allowance as dearness pension/dearness pay. Consequently, dearness relief at the rate of 74% on pension (excluding the effect of merger) has been taken for the purposes of computing revised pension as on 1/1/2006. This is consistent with the fitment benefit being allowed in case of the existing employees. The fixation of pension will be subject to the provision that the revised pension, in no case, shall be lower than fifty percent of the sum of the minimum of the pay in the pay band and the grade pay thereon corresponding to the pre-revised pay scale from which the pensioner had retired."

6. The respondents had made many submissions in their favour; two of which pertained to the law declared by the Supreme Court in the decision reported as 1990 (4) SCC 270 D.S.Nakara Vs. UOI and (2008) 9 SCC 125 UOI Vs. S.P.S.Vains. The Tribunal has negated said pleas. However, reasoning of the respondents on other plea pertaining to resolution No.12 aforesaid has found favour with the Tribunal.

7. We find that a Division Bench of the Punjab & Haryana High Court deciding W.P.(C) No.19641/2009 R.K.Aggarwal & Ors. Vs. State of Haryana & Ors. has referred to the decision impugned by the Tribunal, with reference to an identical question which arose in the State of Haryana because Government of Haryana had adopted the same policy decision of the Central Government. In the decision dated December 21, 2012, in paragraphs 21 to 26, the Division Bench of the Punjab & Haryana High Court has reasoned as under:-

"21. On the recommendations made by VI CPC, which stood validly accepted by the Cabinet, it was argued before the Tribunal that principle for determining the pension has been completely altered under the garb of clarification. It was argued that on the basis of the aforesaid resolution/modified parity revised pension of the pre-2006 pensioners shall not be less than 50% of the minimum of the pay band + grade pay, corresponding to the pre-revised pay scale from which the pensioner had retired. 22. The Tribunal has accepted this contention and because of this reason, it is held that subsequent OMs dated 03.10.2008 and 14.10.2008 purportedly issued to clarify para 4.2 of OM dated 01.09.2008 were contrary to the plain meaning of the said para and whereby the criteria and principle for determination of the pension had been completely changed that too when these two subsequent OMs dated 03.10.2008 and 14.10.2008 were issued by the lower authorities having no power to issue such clarification. 23 After considering the arguments of learned counsels for all the parties, we are of the opinion that it is not even necessary to go into the various nuances and nitty grittys, which are insisted by learned counsels for the petitioners based on D.S. Nakara line of cases and N. Subbarayudu and others and S.R. Dhingra and others (supra), wherein ratio of D.S. Nakara is explained. We proceed on the basis that fixation of cut off date by the government was in order and to this extent we agree with the reasoning given by the Tribunal where similar arguments, as advanced by the petitioners before us, were rejected. The issue can be resolved on the interpretation of OM dated 29.08.2008 itself. It is not in dispute that vide resolution dated 29.08.2008, recommendations of the 6th Central Pay Commission were accepted by the government and the pension was also to be fixed on the basis of formula contained therein. We have already reproduced the recommendations of the 6th Central Pay Commission, as contained in para 5.1.47, which was accepted by the government vide Item No. 12 of resolution dated 29.08.2008 with certain modifications. Based on this resolution, OM dated 01.09.2008 was issued. We have also reproduced para 4.2 thereof. This states in unequivocal terms that "revised pension in no case shall be lower than 50% of the minimum of pay in the pay band plus grade pay corresponding to the pre-revised pay scale------". The clear purport and meaning of the aforesaid provision is that those who retired before 01.01.2006 as well were ensured that their revised pension after enforcing recommendations of the 6th Central Pay Commission, shall not be less than 50% of the minimum of the pay band plus grade pay corresponding to the pre-revised pay scale from which the pensioners had retired. However, notwithstanding the same and without any provocation, the junior functionaries in the Department of Pension nurtured a doubt "though there was none" and note was prepared on that basis, which led to issuance of OMs dated 03.10.2008 and 14.10.2008. The effect of these two OMs was to make revision in the pension of pre-2006 retirees by giving them less than 50% of the sum of minimum of the pay in the pay band. To demonstrate this, Mr. H.L. Tikku, learned senior counsel appearing in some of these cases drew our attention to the following chart:- Min of Pre- revised scale Pay in the Pay Band Grade Pay Revised Basic Pay (2+3) (Rs.) Pension 50% of (2+3) (Rs.) 1 2 3 4 5 S-24 (14300) 37400 8700 46100 23050 S-25 (15100) 39690 8700 48390 24195 S-26 (16400) 39690 8900 48590 24295 S-27 (16400) 39690 8900 48590 24295 S-28 (14300) 37400 10000 47400 23700 S-29 (18400) 44700 10000 54700 27350 The first 4 columns of the above table have been extracted from the pay fixation annexed with MOF OM of 30th August, 2008 (referred to in para 4.5 (iii) above). Revised pension of S 29 works out to Rs.27,350 which has been reduced to Rs.23,700 as per DOP OM of 03.10.2008 (para 4.8 (B) below). 24. As per the impugned OM dated 14.10.2008 in the case of S-24 officers the corresponding pay in the Pay Band against 14,300/- is shown as 37,400/-. In addition, Grade Pay of Rs.8700/- was given totaling Rs.46,100/-. Similarly, revisions concerning all the other pay scales were accepted by the aforementioned OM dated 14th October, 2008. The illegality which has been perpetrated in the present matter is apparent from the fact that whereas an officer who was in the pre-revised scale S-24 and receiving a pay of Rs.14,300/- would now receive Rs.37,400/- plus grade pay of Rs.8700/- and his full pension would accordingly be fixed at Rs.23,050/- (i.e. 50% of 37,400/- pay plus grade pay Rs.8700/-) pursuant to the implementation of VI CPC recommendations after 01.01.2006, whereas a person retiring before 01.01.2006, who was drawing a pay of Rs.18,400/- or even Rs.22,400/- (maximum of scale) in the pre-revised S-29 scale will now be getting pension as only 23,700/- (i.e. 50% of pay of Rs. 37,400/- plus grade pay of Rs.10,000/-). 25. This has arisen because of resolution dated 29.08.2008 and has resulted because of deletion of certain words in para 4.2 of the OM dated 01.09.2008 or 03.10.2008. This aspect is beautifully demonstrated by the Tribunal in its Full Bench judgement in the following manner with which we are entirely agree: "25. In order to decide the matter in controversy, at this stage, it will be useful to extract the relevant portions of para 5.1.47 of the VI CPC recommendation, as accepted by the Resolution dated 29.08.2008, para 4.2 of the OM dated 1.9.2008 and subsequent changes made in the garb of clarification dated 3.10.2008, which thus read: Resolution NO.38/37/8- P&PW (A) dated 29.08.2008 - Para 5.1.47 (page 154-155) Para 4.2 of OM DOP&PW OM No.38/37/8- P&PW (A) dated 1.09.2008 (page 38 of OA) OM DOP & PW OM No.38/37/8- P&PW (A) dated 3.10.2008 The fixation as per above will be subject to the provision 'that the revised pension, in no case, shall be lower than 50% of the sum of the minimum of the pay in the pay band and the grade pay thereon corresponding to the prerevised pay scale form which the pensioner had retired. The fixation as per above will be subject to the provision 'that the revised pension, in no case, shall be lower than 50% of the(sum of the) minimum of the pay in the pay band plus (and) the grade pay (thereon) corresponding to the prerevised pay scale from which the pensioner had retired. The Pension Calculated at 50% of the [sum of the] minimum of the pay in the pay band [and the grade pay thereon corresponding to the pre-revised pay scale] plus grade pay would be calculated (i) at the minimum of the pay in the pay band (irrespective of the pre-revised scale of pay plus) the grade pay corresponding to the prerevised pay scale. For example, if a pensioner had retired in the pre-revised scale of pay of Rs.18400-22400, the corresponding pay band being Rs.37400- 67000 and the corresponding grade pay being Rs.10000 p.m., his minimum guaranteed pension would be 50% of Rs.37400+Rs.10000 (i.e. Rs.23700) Strike out are deletions and bold letter addition Strike out are deletions and bold letters addition. 26. As can be seen from the relevant portion of the resolution dated 29.8.2008 based upon the recommendations made by the VI CPC in paragraph 5.1.47, it is clear that the revised pension of the pre-2006 retirees should not be less than 50% of the sum of the minimum of the pay in the Pay Band and the grade pay thereon corresponding to the pre-revised pay scale held by the pensioner at the time of retirement. However, as per the OM dated 3.10.2008 revised pension at 50% of the sum of the minimum of the pay in the pay band and the grade pay thereon, corresponding to pre-revised scale from which the pensioner had retired has been given a go-by by deleting the words 'sum of the' 'and grade pay thereon corresponding to the pre-revised pay scale' and adding 'irrespective of the pre-revised scale of pay plus' implying that the revised pension is to be fixed at 50% of the minimum of the pay, which has substantially changed the modified parity/formula adopted by the Central Government pursuant to the recommendations made by the VI CPC and has thus caused great prejudice to the applicants. According to us, such a course was not available to the functionary of the Government in the garb of clarification thereby altering the recommendations given by the VI CPC, as accepted by the Central Government. According to us, deletion of the words 'sum of the' 'and grade pay thereon corresponding to the pre-revised scale' 'and addition of the words 'irrespective of the prerevised scale of pay plus', as introduced by the respondents in the garb of clarification vide OM dated 3.10.2008 amounts to carrying out amendment to the resolution dated 29.08.2008 based upon para 4.1.47 of the recommendations of the VI CPC as also the OM dated 1.9.2008 issued by the Central Government pursuant to the aforesaid resolution, which has been accepted by the Cabinet. Thus, such a course was not permissible for the functionary of the Government in the garb of clarification, that too, at their own level without referring the matter to the Cabinet." 26. It is for the aforesaid reasons, we remark that there is no need to go into the legal nuances. Simple solution is to give effect to the resolution dated 29.08.2008 whereby recommendations of the 6 th Central Pay Commission were accepted with certain modifications. We find force in the submission of learned counsel for the petitioners that subsequent OMs dated 03.10.2008 and 14.10.2008 were not in consonance with that resolution. Once we find that this resolution ensures that "the fixation of pension will be subject to the provision that the revised pension, in no case, shall be lower than 50% of the sum of the minimum of the pay in the pay band and the grade pay thereon corresponding to the pre- revised pay scale from which the pensioner had retired", this would clearly mean that the pay of the retiree i.e. who retired before 01.01.2006 is to be brought corresponding to the revised pay scale as per 6th Central Pay Commission and then it has to be ensured that pension fixed is such that it is not lower than 50% of the minimum of the pay in the band and the grade pay thereon. As a result, all these petitions succeed and mandamus is issued to the respondents to refix the pension of the petitioners accordingly within a period of two months and pay the arrears of pension within two months. In case, the arrears are not paid within a period of two months, it will also carry interest @ 9% w.e.f. 01.03.2013. There shall, however, be no order as to cost."

8. We are in complete agreement with the reasoning of the Division Bench of the Punjab & Haryana High Court and adopt the same and do not burden ourselves any further. We conclude by noting that as regards the substance of the view taken by the Tribunal, even the Central Government accepts its correctness, but insists to make the same applicable prospectively.

9. The writ petitions are dismissed. The decision of the Full Bench of the Tribunal is upheld but without any order as to costs.

(PRADEEP NANDRAJOG)

JUDGE

(V. KAMESWAR RAO)

JUDGE

APRIL 29, 2013

Source: Delhi High Court

Armed Forces Tribunal (AFT): Features, State-wise locations & juristiction

The Government has established the Armed Forces Tribunal (AFT) to deal with complaints of the defence personnel and provide a forum for appeal.  To provide adjudication of disputes / complaints with respect to conditions of service in respect of the persons covered under the Army Act, 1950, the Navy Act, 1957 and the Air Force Act, 1950 and also to provide for appeals arising out of orders of court martial. Armed Forces Tribunal (AFT) functions under the AFT Act, 2007

NO. 4480 FOR ANSWER ON 22.4.2013

Armed Forces Tribunal (AFT) and its Territorial Jurisdiction:

 

Sl. No.	Location of Regional Bench	Date of operationalisation	Territorial Jurisdiction
1.	Armed Forces Tribunal (AFT), Principal Bench	10.8.2009	New Delhi.
2.	Lucknow	09.11.2009	States of Uttar Pradesh,Uttarakhand, Madhya Pradesh and Chhattisgarh.
3.	Chandigarh	16.11.2009	States of Punjab, Haryana, Himachal Pradesh, Jammu & Kashmir and UT of Chandigarh.
4.	Chennai	26.10.2009	States of Tamil Nadu, Andhra Pradesh and Union Territory of Puducherry.
5.	Jaipur	03.11.2009	State of Rajasthan.
6.	Kolkata	23.11.2009	States of West Bengal, Bihar, Jharkhand,Odisha and Union Territory of Andaman & Nicobar Islands.
7.	Kochi	07.12.2009	States of Kerala, Karnataka and Union Territory of Lakshadweep.
8.	Guwahati	31.07.2010	States of Assam, Arunachal Pradesh, Meghalaya, Manipur, Mizoram, Nagaland, Tripura & Sikkim.
9.	Mumbai	09.06.2011	States of Maharashtra, Gujarat and Goa and the Union Territories of Daman and Diu and Dadra and Nagar Haveli.

Orders of AFT are complied with by the Government except in the cases wherein appeal is contemplated as per the provisions of the AFT Act, 2007.

The Government proposes to extend powers of civil contempt to the AFT.  The AFT (Amendment) Bill, 2012 has been introduced in the Parliament which inter-alia includes the provision for grant of powers of civil contempt to the AFT.

The above information was submitted by MoD in reply of undermentioned Lok Sabha Questions:-

GOVERNMENT OF INDIA

MINISTRY OF DEFENCE

LOK SABHA

UNSTARRED QUESTION NO 4480

ANSWERED ON   22.04.2013

ARMED FORCES TRIBUNAL

4480 . Shri MUNDE GOPINATHRAO PANDURANG, C. SIVASAMI
Will the Minister of DEFENCE be pleased to state:-

(a) whether the Government has established the Armed Forces Tribunal (AFT) to deal with complaints of the defence personnel and provide a forum for appeal; 

(b) if so, the main features thereof, and the manner in which the said tribunal will function; 

(c) the State-wise locations where the said tribunal has started functioning; 

(d) whether the orders of AFT are not being implemented despite its having the status of a High Court; 

(e) if so, the reasons therefor; 

(f) whether the Government proposes to extend powers of civil contempt to the AFT; and 

(g) if so, the details thereof?

ANSWER

MINISTER OF DEFENCE (SHRI A.K. ANTONY)

(a) Yes, Madam.
(b) To provide adjudication of disputes / complaints with respect to conditions of service in respect of the persons covered under the Army Act, 1950, the Navy Act, 1957 and the Air Force Act, 1950 and also to provide for appeals arising out of orders of court martial. Armed Forces Tribunal (AFT) functions under the AFT Act, 2007.
(c) As per Annexure.

(d) & (e): Orders of AFT are complied with by the Government except in the cases wherein appeal is contemplated as per the provisions of the AFT Act, 2007. 

(f) Yes, Madam. 

(g) The AFT (Amendment) Bill, 2012 has been introduced in the Parliament which inter-alia includes the provision for grant of powers of civil contempt to the AFT. 

Source: Lok Sabha Q&A qref=139115

Annexure Link: http://164.100.47.132/Annexture/lsq15/13/au4480.htm

(Source-Central Govt Employees news)

Why India needs to pay its soldiers better

As China continues to make incursions across the LAC, India needs to face reality – we are surrounded by hostile neighbours, of whom at least one is frighteningly aggressive.

 

While there are territorial disputes with most of our neighbours – enclaves with Bangladesh, Katchatheevu island with Sri Lanka, Kalapani with Nepal, and of course, parts of Kashmir with Pakistan – our main concessions have been to China. The country continues to illegally occupy Aksai Chin, and Indians are required to obtain passes to travel to Arunachal Pradesh.
 

For decades, we have been speaking about how we are not militarily equipped to take China on, but as that country gets increasingly belligerent and increasingly manipulative, it seems inevitable that we must be prepared to take it on someday. The incursions along the LAC are regular occurrences, and do eventually get sorted out, though not always to India’s satisfaction. But one of the most worrying aspects of our country’s defence is the constant shortage of officers and soldiers. Among those who do join the Army, more lose their lives to the cruel weather, in regions such as the Siachen, than lose their lives in border skirmishes. 

 

Our Army men are paid poorly, not only compared to those working in the private sector, but also those in other departments of government service. Worse, their families have to put up a struggle to get such basic relief as disability insurance and compensation in case of death.

The argument put forward to persuade young men to join the Army is that it’s not about the money, but about the prestige; that’s it’s about one’s sense of pride in protecting one’s nation. However, patriotism is a hard sentiment to shore up in the disillusionment surrounding the idea of nation – after all, ‘nation’ has come to be associated with governments, rather than territories.

 

Since independence, our central government has always been high-handed with its decisions, pushing through agreements and Acts in the social, economic, as well as political sphere. But the UPA-II government has been particularly so. On August 27, 2010, our MPS unanimously gave themselves an overnight salary hike of 200 percent. Essentially, this means their basic went up from Rs 16,000 to Rs 50,000; their constituency and office expense allowances were doubled to Rs 40,000 each, along with other perks such as lower interest rates on vehicle loans. 

 

With the pension for former MPs going up from Rs 8,000 to Rs 20,000, this would cost the exchequer close to Rs 150 crore a year. All this on top of a tax-free, all-expenses paid life, and Rs 1000 as incentive to attend Parliament – as if this were an additional duty.

In contrast, it was only after the Sixth Pay Commission that the salaries of Army men were hiked, and by a much smaller percentage than the bonanza that the MPs chose to give themselves.

 

In such a scenario, one wonders how many people would encourage their sons to join the Army, even at the level of officers. A 25-year-old working in an MNC could easily make more money than some of the highest-ranking officers in the Army.

 

More importantly, our government’s inability to sort out its border disputes puts thousands of jawans in danger every day, either from our many enemies’ knives and bullets, or from the vagaries of the weather. 

 

Perhaps the time has come for us to focus on fortifying our defence establishments, and increasing the budgets allocated to the Armed Forces. This naturally means increasing salaries and benefits, and regulating postings in such a manner that no one is exposed to extreme climate for too long.

While the Indian government has been pleading for restraint on the issue of incursions, for fear of damaging diplomatic ties, China appears to have no such concerns. If the past is anything to go by, they won’t be daunted by this either. Our eastern neighbour was able to overcome a PR disaster ahead of the Beijing Olympics, putting down Tibetan protests ruthlessly.

In this context, we need to put forward a more aggressive stance, before we lose any more territory to China. But we can’t afford to take that stance without being adequately prepared in terms of military might. A start to that would be to increase the benefits given to the Army, especially the soldiers who patrol our borders. What price would we place on our sovereignty?

 

 Read more from this author: 

Rahul Pandita, Basharat Peer and Kashmir's contradictory stories

Why aren't children safe anymore

In defence of the 'sexists'
When did we lose our right to protest?

How pragmatic is a student protest?

Sri Lanka issue is about human rights, not Tamil sentiment

Acid attacks in India: Is there a solution?

Is India getting a good deal with Cameron?
By Nandini Krishnan


The author is a writer based in Chennai.

She blogs at http://disbursedmeditations.blogspot.com and tweets at  @k_nandini

 

 

 

 

 (Source- Sify)

Amendment to the Central Government Account (Receipts & Payments) Rules, 1983: Period of Validity of Cheque

Amendment to the Central Government Account (Receipts & Payments) Rules, 1983 regarding period of validity of cheque reduced to 3 months for all govt. transactions. Text of CGA's OM F.No.1(1)/2011/TA/248 Dated 23rd April 2013 reproduced below:-

F.No.1(1)/2011/TA/248

Government of India

Ministry of Finance

Department of Expenditure

Controller General of Accounts

Lok Nayak Bhawan

Khan Market, New Delhi

Dated 23rd April, 2013

OFFICE MEMORANDUM

Subject: Amendment to the Central Government Accounts (Receipts and Payments) Rules, 1983

In exercise of the powers conferred by clause (i) of Article 283 of the Constitution, the President hereby makes the following amendment to the Central Government Account (Receipts and Payments) Rules, 1983:

Correction Slip No. 41

Rule 45 Period of validity of a cheque:

The following rule may be substituted for the existing rule:

"The Cheque shall be payable at any time within a period of three months from the date of issue; thus a cheque bearing the 20th January is payable any time upto the 19th April."

Sd/-

(Chandan Mishra Dwivedi)

Dy. Controller General of Accounts

Click here to get Original Order: www.cga.nic.in

 

(Source-CG Emp news)

Suggest a print out copy of the circular below be taken and kept in your personal file containing your documents.

There had been many complaints by Pensioners and Family Pensioners on delays in paying Pensions and other related payments. Circular 165 has been issued to CMD of all Pension paying Banks instructing them not to delay payments and in case of delays  should pay interest for duration of delays.

Recently, Govt had issued instructions on payment of revised Minimum Pension for all Officers and family pension since Sep last year. However, SBI has not paid this increase and arrears in the pretax that work load is high. Here is a good case to take up and get the interest for the delays.

Please save this circular for future use whenever required. Please take a copy of this circular to your pension paying Bank branch when you take up cases of delay in your pension payments. I have copied the circular below for your benefit.

                Circular No. 165
                                                          Audit/Tech./070-XXI
                                                                                                O/o the Pr.CDA (P),
                                                                                                     Allahabad
                                                                                                    Dated: 22 .02.2013.

To,  The CMD
1. All Public Sector banks
2. Private Sector Banks (i.e. ICICI, HDFC and AXIS Banks)
Sub: Delay in payment of pension to Defence Pensioners / Family Pensioners
by agency banks.
***********
The payment of pension to defence (including defence civilian)
pensioners/family pensioners is disbursed by banks as per instructions contained in scheme for payment of pension of defence pensioners by Public Sector Banks. Any other order issued by Government affecting entitlement of basic pension, increased dearness relief or other benefits are also supplied to the banks through circulars for timely & correct implementation.However, this office as well as CGDA/Ministry of Defence is regularly receiving complaints from defence pensioners/family pensioners regarding     delay in payment, payment at incorrect rate etc. The number of complaints from pensioners/family pensioners is increasing regularly, which has beenviewed seriously by higher authorities.
Though, the remedial measures on various natures of complaints received from pensioners/family pensioners are already provided in the above  mentioned scheme/circulars issued from time to time by this office, however,the same are again reiterated as under.
1. Release of withheld amount of gratuity/DCRG:- Of late it is reported by pensioner/family pensioner that bank is not releasing the withheld amount of Gratuity/DCRG after expiry of six months from date of retirement (three month after date of death of Personnel in the case of family pension).
Necessary instructions to release automatically the withheld amount of Gratuity/DCRG i.e. without any instruction from Pension Sanctioning  Authority, after expiry of six months/three months (in the case of family pension) is either mentioned on back side of the PPO itself or enclosed/attached separately with the Pension Payment Order concerned. Therefore, there is only a need to establish a mechanism for release of the withheld amount of Gratuity/DCRG automatically after expiry of six months / three months as the case may be, if nothing is heard from concerned Pension Sanctioning Authority in this regard during the above period.
2.Restoration of Commuted Portion of Pension after 15 years of
retirement:- Representations against non restoration of commuted portion of pension even after completion of 15 years are also received in a large numbers. To avoid such representation following guidelines, though already circulated under this office circular No.83 dt.24.11.2000, are reproduced.
(i) Where the commutation of pension is/was simultaneous with the retirement, the commuted portion of pension shall be restored after expiry of15 years with effect from the date of retirement, if payment of commuted value of pension is made during the first month of retirement leading to appropriate reduction on account of commutation in first pension itself.
(ii) Where commutation of pension is applied and notified after the date of commencement of pension and commuted portion leads to a reduction in pension in second or subsequent month, the 15 year period for restoration of commuted portion will be reckoned from the date of payment of commuted value i.e. from the date on which reduction in pension on account of commutation become effective.
(iii) Further, where the commuted value is paid in more than one stages, the reduction in amount of pension in such cases shall be made from the respective date of payment and commuted portion of pension of such pensioners will also be restored in stages by pension disbursing authorities on completion of 15  years from the date of reduction in pension.
A mechanism to restore the commuted portion of pension automatically after expiry of 15 years as clarified above also needs to be established.
3. Payment of Fixed Medical Allowance:-
(A)Defence Pensioners/Family Pensioner:-
(i) Consequent on introduction of new Medicare Scheme w.e.f. 1.4.2003, all Ex servicemen who retired on or after 1.4.2003, have to become member of ECHS compulsory and are not eligible to draw Fixed Medical Allowance. All pre 01.4.2003 retirees have the option of either joining the scheme after depositing the requisite lump sum amount for the purpose or drawing Fixed Medical Allowance as per extent rates. Such pensioners/family pensioner who join this scheme will thereby not be entitled to Fixed Medical Allowance.
(ii) Payment of Fixed Medical Allowance in r/o all pre-01.04.2003
pensioners/family pensioners who do not join the scheme will be regulated as under.
(a) All defence pensioners/family pensioners in whose cases pension payment orders were issued by this office till 31.10.98, have been become entitled to the payment of Fixed Medical Allowance w.e.f. 01.12.97 or the date of commencement of their pension whichever is later provided that they opt for medical allowance and submit an undertaking to the bank to the effect that they are entitled to medical facilities under Armed Forces Hospital/MI Room but are residing in the areas where no such outdoor facilities are available. On the basis of this undertaking bank was requested to make an entry in regard to grant of medical allowance in the PPO, Payment Register and pension certificate and to authorized payment of Fixed Medical Allowance.
(b) The grant of Fixed Medical Allowance in r/o pensioners / family pensioners whose pension payment order is issued after 31.10.98 had to be notified in the PPO itself.
(c) Such an undertaking shall be obtained by the bank every yearalongwith the certificate, the pensioner is required it furnish to continue the payment of  Fixed Medical Allowance.
(d) Only one change in option, in the life time of pensioners/family
pensioners shall be allowed. 
(e) The Fixed Medical Allowance has been enhanced from Rs.100/= p.m. to Rs. 300/= p.m. w.e.f. 01.09.2008.
Note:- (i) If any pensioner or family pensioner receives two pensions,only single Medical Allowance as per the extant rules is admissible if he/she does not avail of the medical facilities provided by the respective organizations.
(ii) Re-employed pensioners/Employed family pensioners are not
entitled to medical allowance as medical facilities are provided by his/her organization
(B) Defence Civilian Pensioners / Family Pensioner:-
(i) All defence civilian pensioners/family pensioners in whose cases pension payment orders were issued by this office till 30.4.98, have been become entitled to the payment of Fixed Medical Allowance w.e.f. 01.12.97 or the date of commencement of their pension whichever is later provided that they opt for medical allowance and submit an undertaking to the bank to the
effect that they are entitled to medical facilities under CGHS or similar Health scheme administrated by the Central Government but are residing in the areas where no such outdoor facilities are available. On the basis of this undertaking bank was requested to make an entry in regard to grant of medical allowance in the PPO, Payment Register and pension certificate and to authorizedpayment of Fixed Medical Allowance.
(ii) The grant of Fixed Medical Allowance in r/o pensioners / family pensioners whose pension payment order is issued after 30.04.98 had to be notified in the PPO itself.
(iii) After exercising above option and furnishing undertaking, if pensioners residential address is changed from CGHS covered area to a non CGHS covered area and vice-versa, only one change in option in the life time of a pensioner shall be allowed to avoid hardship to the pensioner as well as bank.
(iv) Such an undertaking shall be obtained by the bank every yearalong with he certificate, the pensioner is required to furnish to continue the payment of Fixed Medical Allowance.
Note:- (i) If any pensioner or family pensioner receives two pensions,only single Medical Allowance as per the extant rules is admissible if he/shedoes not avail of the medical facilities provided by the respective organizations.
(ii) Re-employed pensioners/Employed family pensioners are not
entitled to medical allowance as medical facilities are provided by his/herorganization.
4. Payment of Enhanced Rate of Ordinary Family Pension:- Enhanced rateof ordinary family pension is payable for 7 years from the date of death of service personnel/pensioner or till attaining the age of 67 years whichever is earlier.
In all cases, where family pension is notified either jointly (i.e. Joint Notification) or separately the period of grant of enhanced rate as well as normal rate is also notified in the PPO itself.
Consequent upon implementation of 6th CPC recommendations, the enhanced rate of ordinary family pension is payable for a period of ten years, without any upper age limit from the date of death of the personnel to the family of a personnel who dies in service. This period of grant is also notified in the PPO itself. However, often it has come to the notice of this office as well as HQrs. Office/MOD that bank is making the payment of family pension at normal rate though the period/condition mentioned in the PPO for payment of enhanced rate has not expired.
5. Payment of Additional quantum of pension/family pension to
pensioners/family pensioners of 80 years of age and above: -
(i) The procedure for payment of additional quantum of pension/family pension to old pensioner/family pensioner has been provided in this office circulars No.57 dt. 27.9.2008, 68 dt. 28.7.2009, 72 dt. 24.9.2009, 75 dt. 25.11.2009, 83 dt. 12.10.2011, 397 dt.18.11.2008, 417 dt. 02.09.2009, 441 dt.01.10.2010 and 470 dt.27.9.2011.According to these, the additional quantum of pension/family pension on attaining the age of 80 years and above would be admissible at the below mentioned rates :-
Age of pensioners/family pensioners Additional quantum of pension/family pension 

From 80 years to less than 85 years 20% of Basic Pension/family pension
From 85 years to less than 90 years 30% of Basic Pension /family pension
From 90 years to less than 95 years 40% of Basic Pension /family pension
From 95 years to less than 100 years 50% of Basic Pension /family pension
100 years or more 100% of Basic Pension /family pension
(ii) In cases where exact date of birth of pensioner/family pensioner isavailable in the PPO, the additional quantum of pension/family pension onattaining the age of 80 years and above, would be payable at the abovementioned rates from the first day of the month in which his/her date of birth falls.
(iii) However, in case the exact date of birth is not available either in the PPO or in the office records, but an indication regarding the age of pensioner / family pensioner is available, the additional quantum of pension/family pension shall be paid from the 1st January of the year following the year inwhich the pensioner / family pensioner has completed the age of 80 years and above, based on the PPO/Office records. For example if the records show that the pensioner/family pensioner has already completed the age of 80 years/85 years as on 1st January 2008, he/she shall be allowed additional quantum of pension/family pension from 1st January 2008. No corrigendum PPO is required to be issued in such cases.
(iv) In case neither the exact date of birth nor the age is available either in the PPO or in the office records, the bank will request the pensioner / family pensioner to submit four copies of any of the following documents duly attested by a Gazetted off icer/MLA to the bank.
(a) PAN Card
(b) Matriculation Certificate (containing the information regarding date of birth)
(c) Pass Port
(d) CGHS/ECHS Card
(e) Driving license (if it contains date of birth)
(f) Election ID Card
(g) Aadhaar Number UIDAI
A. If the document submitted by the pensioner / family pensioner contains  the information regarding exact date of birth, the additional quantum of pension/family pension will be payable from the 1st day of the month in which his/her date of birth falls. However, in case the exact date of birth is not available on the documents submitted by the pensioner / family pensioner but an indication regarding the age of pensioner / family pensioner is available therein, the additional quantum of pension/family pension shall be paid from the 1st January of the year following the year in which the pensioner / family pensioner has completed the age of 80 years, 85 years etc. based on the documents submitted by the pensioner / family pensioner.
B. The bank will make the additional quantum of pension/family pension,on provisional basis, up to a period of six months from the month in which the roof of date of birth/age is submitted by the pensioner/family pensioner. In all such cases, the bank will immediately send one copy of each documents submitted by the pensioner / family pensioner to the Service HQrs / RO/ HOO in r/o commissioned officers / PBOR / Defence Civilians respectively for verification and submission to concerned Pension Sanctioning Authorities for formal notification of date of birth/age through corrigendum PPO.
C. The bank will make payment of additional quantum of pension/family pension beyond a period of six months only on receipt of acorrigendum PPO notifying the date of birth/age of pensioner / family pensioner.
D. In case, the pensioner / family pensioner is unable to submit any of the documents mentioned in para 5(iv) above, but claims additional pension based on some other documentary evidence, such cases will be submitted by the bankto the Administrative Ministry through service HQrs(for Commissioned Officers)/Record Office (for PBOR)/HOO(for Defence Civilians) as the casemay be. If Administrative Ministry is satisfied about the claim of the pensioner / family pensioner the same will be authorized through corrigendumPPO. No additional pension will be released by the bank until the corrigendumPPO is issued by the Pension Sanctioning Authorities.
6. Payment of Dearness Relief on pension/family pension: -
(i) Of late, it is represented by the defence pensioners / family pensioners that additional installment of dearness relief is not paid timely by the banks.Banks take the plea that they have not received any order/circulars in thisregard from this office. In this context, attention is drawn to this office circular No. 3/1992 bearing file No. G1/C/0113/Vol. X/Tech dt 29th April 1992,wherein banks were requested to release the dearness relief to defencepensioners (including defence civilian) pensioners/family pensioners on the basis of Government Order on the subject received from the Ministry of personnel, PG&P (Deptt. of Pension and pensioners welfare) New Delhi without waiting any instruction from this office as they are authorizedto do so by the Ministry itself.
(ii) This view has also been strengthened by RBI vide, item 2 of Master Circular on disbursement of Pension by Agency Banks conveyed to all agency Banks under RBI Master Circular RBI/2011-13/98 (Ref DGBA GAD No. H-1/31.05.001/2011-12 dt. July 1, 2011)
7. Payment of dearness relief during re-employment of pensioners / family pensioners:- The payment of dearness relief during re-employment / employment / permanently absorption of pensioners / family pensioners under the Central or State Government or in a Statutory Corporation / Company /Body / Bank under them in India or abroad, is not being regulated correctly by various banks though the position on the subject is clearly stipulated in Ministry of Personnel, Public Grievances & Pensions, Deptt of P&PW letter No. 45/73/97-P&PW(G) dt. 2nd July, 1999 and Ministry of Defence letter 79(1)/95/D (Pen/Services) dated 28th August 2000 and Deptt of P&PWUO No.41/42/2007-P&PW(G) dt. 3-4-2008. For uniform implementation of above orders, position is re-clarified as under.
(a) In case of re-employed pensioners who hold Group ‘A’ post or posts of the ranks of commissioned officers at the time of their re-employment will not be entitled to any dearness relief on pension on the fact that:- (i) a certain portion of pension is taken into account and is not entirely ignored. (ii) the pay in the post of re-employment is not required to be fixed at the minimum of thescale in all cases, and (iii) dearness allowance at the rates applicable from timeto time is also admissible on the pay fixed on re-employment.
(b)(i) The entire pension admissible is to be ignored in the case of civilian pensioner who held posts below Group ‘A’ and those ex-servicemen who held posts below the ranks of commissioned officers, at the time of their retirement.
Their pay on re-employment is to be fixed at the minimum of the pay scale of the post in which they are re-employed. Such civilian pensioners will consequently be entitled to dearness relief on their pension at the rates applicable from time to time.
(b)(ii) The ex-servicemen (PBOR) who retired before attaining the age of 55 years and re-employed thereafter and their pay fixed at a higher stage because of advance increments and no protection of the last pay drawn is being given, the pay should be treated as fixed at a minimum only for the purpose of ignoring the entire pension and allowing dearness relief on pension.
(c) The disability element is part of disability pension, therefore position explained at a & b above will also apply for regulating dearness relief on disability element during re-employment of pensioner drawing disability pension.
(d) The family pension received by the eligible central Govt.employees/Armed Forces pensioners is, in any case, not taken into account in determining their pay on employment therefore, dearness relief at the rates applicable from time to time shall be admissible on their family pension.
8. Compensation by the Agency Banks for delay in crediting pension/family pension/arrear thereof:-
(i) Delay in credit of pension/family pension/ arrears thereof by banks have always been cause of increase of representation from defence pensioners/family pensioners. Though, RBI has already issued the guidelines to all agency banks to put in place a mechanism to obtain immediately the copies of pension order from Pension Sanctioning Authorities directly and to make payments so that pensioners/family pensioners should get benefits announced by the Governments in the succeeding month’s pension payment itself. (ii)Non adhering by of above guidelines, thereby causing, increase of complaints from pensioners/family pensioners alleging inordinate delay in disbursing the revised pension/family pension and arrears therof has been reviewed by RBI. And in order to obviate the such unwarranted inordinate delay in payment of pension/defence pension and arrears thereof, RBI has further instructed vide item 34 of Master Circular on Disbursement of pension by Agency Banksissued by RBI under letter No. RBI/2013-13/103, DGBA.GAD.No.H-4/31.05.001/2012-13 dated July 2, 2012 that pension paying banks should compensate the pensioner for delay in crediting the pension/family pension/ arrears thereof by paying compensation at a fixed interest rate of 8 percent for the delay after the due date and the compensation shall be credited to the pensioner’s/family pensioner’s account automatically without any claim fromthe pensioner/family pensioner on the same day when the bank affords credit for revised pension/family pension/ arrears thereof in respect of all delayed pension payments made since October 1, 2008.
In view of the positions explained above, it is requested that all paying branches/CPPC making/authorising payment of defence (includingdenfencecivilian) pension/family pension may be advised/instructed either to put in place a mechanism to revise/calculate the pension/family pension/ arrears thereof at earliest so that pensioner/family pensioner should get the benefits announced by the Government in the succeeding month’s pension payment itself or to compensate the pensioner/family pensioner at a fixed interest rate of 8 percent for the delay in crediting his/her pension/family pension orarrear thereof.
(P.N. CHOPRA)
ACDA (P)
Copy to:
1. T h e C G D A, Office of the CGDA Ulan Batar Road, Palam, Delhi
Cantt.-10: For information w.r.to HQrs Office letter No. 5169/ATP/
Vol-X dt.20.12.2012
2. The PCDA (Navy), Cooperage Road, Mumbai.
3. The CDA (AF), New Delhi.
4. PA to CDA (AT) / CDA (Gts) in Main Office.
5. PA to All Addl.CDA/Jt.CDA, in Main Office.
6. All GOs, in Main Office.
7. Officer-in-Charge, G-I/ M (Tech), G-I/Civil (Tech), Grants(ORs) /Tech
9. Officer-in-Charge, All sections (Local).
10. Officer-in-Charge, E.D.P. Centre (Local). - For information and
uploading at website of this office.
(S.BASUMATARY) ACCOUNTS OFFICER (P)

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(Source- Sanjha Morcha)

MoD ‘inclined’ to correct rank pay inconsistencies: Air Chief

                       
Chandigarh, April 11
While pointing out that the implementation of the Supreme Court verdict in the rank pay case pertaining to the IV Pay Commission meet the aspirations and the expectations of the affected officers only partially, Chief of the Air Staff, Air Chief Marshal NAK Browne, has said the Ministry of Defence “appeared inclined” to accept the services’ view on the shortcomings in the government orders.

In his reply to a letter written to him by a retired officer on the subject, the Air Chief, who is also Chairman of the Chiefs of Staff Committee, has stated that a detailed note is being prepared by the MoD for seeking the views of the Solicitor General. Further, a committee is also being set up to crystallise the problem definition and the views of the stakeholders. A series of meetings have been held between service representatives and officials of the MoD over the past three months, where the said inconsistencies were discussed in detail. The actual fixation of pay scales and problems thereof have also been submitted to the MoD, which in turn has sought the comments of the Controller General of Defence Accounts, Ministry of Finance and the Legal Attache (Defence) on the issues raised. According to the chief’s letter, the implementation order has restricted the benefits by making the court order effective only for those officers who held the rank of flight lieutenant and equivalent as on January 1, 1986. This meant that officers promoted to the rank of flight lieutenant and equivalent after this date would not be covered by the order even though the apex court judgment implied at the benefits were applicable “with effect from” January 1986.Further, the integrated pay scale of the Fourth Pay Commission (FPC) and the minimum pay for each rank have not been amended, which means that there would be two types of pay scales for the same rank and seniority. The basic pay ceiling of Rs 5,100 prescribed by the FPC has not been amended. 
(Source - The Tribune)