Saturday, June 29, 2013

It is not akin to the tail wagging the dog? Have things not gone topsy turvy?

By  VIKRAM KARVE 
 
I was fortunate that I read the classic military novel Catch-22 by Joseph Heller before I joined the Navy. This gave me a better understand the curious goings on and peculiar behaviour of some of the idiosyncratic characters I came across in the navy and helped me maintain my sanity in the rather atypical naval environment.
 
There were plenty of  “Cathcarts” “Dreedles” “Scheisskopfs” “Peckems” “Korns” “Captain Blacks” “Milo Minderbinders” “Doc Daneekas” and “Wintergreens” around; and occasionally you also noticed a “Yossarian” or a “Dunbar”. In fact, during my career in the navy, I saw an analogous caricature of every character of Catch-22 including some of the female characters. I am sure you have read Catch-22.
 
In case you haven’t, do read the book – it will surely bring a smile to your lips.
 
There are many themes and morals in Catch-22 and one such truism which I found relevant in today’s navy (and army) is enunciated in chapter XI: “Without realizing how it had come about, the combat men in the squadron discovered themselves dominated by the administrators appointed to serve them. They were bullied, insulted, harassed and shoved about all day long by one after the other” If you are a “fauji” I am sure you have observed this funny phenomenon.
 
Those who are meant to serve you, turn the tables on you, and soon, they start dominating over you.
Civilian Organizations which were meant to serve the Army Navy and Air Force have actually started dominating over the Uniformed Defence Forces. If you have served in uniform, you may have experienced how support organisations like the CDA, MES, DRDO, DGQA etc who are meant to serve you actually boss over you and make you run from pillar to post.
 
Even within the army, the “services” push around the “arms”.
 
The “non-combatant” doctors are supreme since they can use the “weapon” of “medical category” to make even the most redoubtable combat officer tremble and bring his ambitions crashing down.
 
In the navy, “Shore Based Moguls” boss over the “man at sea” slogging it out onboard ships.
 
“Staff Officers” dominate “line officers” and “defence civilians” overshadow the uniformed personnel they are supposed to support.
 
It is not akin to the tail wagging the dog? Have things not gone topsy turvy?
 
Why is the dominance of “supporting civilians” increasing day by day?
 
In relative terms, has the calibre of our generals, admirals and air marshals diminished vis-à-vis their civilian counterparts?
 
Over the years, things have changed, but have the defence services kept up with the pace of change?
Scientists are no longer the austere unpretentious “boffins” they used to be once upon a time. Civil servants have become more clued-up, well-informed, knowledgeable and “on the ball” in defence matters.
 
On the other hand, do we have generals of the calibre of Manekshaw, the astuteness of Sundarji, the vision of SK Sinha or admirals of the uprightness of Ronnie Pereira who can outwit their shrewd civilian counterparts?
 
The fact of the matter is that, till such time senior officers develop the acumen to match the stratagems and wiles of the worldly-wise civilians, the tail will continue to wag the dog and the topsy turvy relationship will prevail.
 
This imbalance and ascendancy of  “civilian supremacy” over the uniformed services will keep increasing over time as this disparity in shrewdness widens.
 
No other organization can match the extensive training provided by the defence services. In order to reach senior ranks, officers have to undergo a multitude of training courses and that is why most senior officers have multiple post-graduate qualifications in diverse disciplines. One wonders why such highly qualified officers are hesitant to formulate imaginative human resource policies to improve the career prospects of serving personnel and enhance the welfare of ex servicemen, like it happened in earlier times?
 
For example, if I am not wrong, it is said that the “ration in kind” perquisite was conceived and formulated due the initiative of Admiral Ronnie Pereira and General SK Sinha.
 
However, it seems that things have changed and, now, we look up to politicians and bureaucrats to take the initiative. e.g. the latest “Cadre Review” for improving career prospects, implemented in 2006, bears the name of the bureaucrat who took the lead in formulating the same. In a democracy there is the concept of “civilian supremacy” which means supremacy of the civilian government.
 
This is perfectly justified. But is this connotation of “civilian supremacy” being overstretched and carried a bit too far and, as a result, do all and sundry civilians think they can dominate the defence services? Is the conservatism, timidity and naivety of senior officers vis-à-vis their shrewd civilian counterparts the reason for this growing trend of “supporting civilians” getting the better of the uniformed services?
 
I do not wish to “generalise” so let me tell you about my own experience in IAT. (Though on paper IAT was a DRDO establishment, it was more of an inter-service training organisation). In 1985, the first time I was appointed as faculty in IAT, it was the defence service officers who called the shots.
Service Officers were way ahead of Scientists in all aspects – qualifications, intellect, calibre and acumen – and the career prospects, status and benefits of service officers were much better then their counterpart civilian scientists.
 
Gradually, things changed, and there was a complete reversal. Resourceful revamping of recruitment system, modernising induction training, improvement in perks, enhanced facilities and ingenious HR initiatives like “flexible complementing” which vastly improved the career advancement prospects of Scientists made DRDO an attractive career option for bright young engineers.
 
25 years later, towards the end of my naval career, I had a very interesting experience.
 
I was back again IAT finishing my last tenure in service (IAT had since been re-christened DIAT) and I observed that there had been quite a transformation during the long hiatus.It was incredible to see the ascendancy of civilian scientists vis-à-vis their uniformed counterparts. I was tasked with conducting the induction training of newly recruited scientists. I was amazed to see the large number of bright young men and women engineers from IIT, IISc, BITS, NIT and premier Engineering Colleges that the DRDO had been able to attract. The young trainee scientists had to qualify a highly competitive entrance exam and interview.
 
In one batch, among the trainees, there was very smart boy with an excellent all round personality and he was topping the course too. He was an IITian and his father had recently retired from the Army. I was impressed by his overall personality, apt for a service officer, so I asked him why he had joined the DRDO and not the Army.
 
He said, “As a DRDO Scientist I will get all the facilities I get in the Army like CSD canteen, campus accommodation, medical coverage, social perks like sports, clubs etc. In addition I will have a stable life without transfers, faster promotions and much better career prospects, more flexibility to enhance my qualifications, and more freedom on how to live my life – if I want to leave for better prospects I can easily do so, and if I want to stay I can serve till 60 unlike the Army where I cannot leave and they will retire me off at a much younger age.”
 
Isn’t it ironical that a “support” organization like DRDO has become a better career option for bright young men and women than the mainstream uniformed services?Today’s youth are well-informed and if you want to attract the best then you have to devise appropriate recruitment strategies.
 
Money is not the only consideration – in fact, if the defence services want to attract the best they must not emphasize on material aspects like “pay packet” but highlight the intangible USPs because youngsters are very conscious and quite holistic in their approach nowadays.
 
But do the defence services want to attract the cream of the youth?
 
A retired army officer recently expressed the view that the services do not need “intellectuals”. 
He said: We need officers who “do” rather than officers who “think”.
 
Another officer recently commented that the defence services do not need “intelligent” officers and that it was better to recruit “average” individuals.
 
This seems to be the current opinion. But tell me one thing.
 
Will these “mediocre” officers be able to outwit their “clever” civilian counterparts?
 
Will this not result in “civilian supremacy” getting more pronounced and the defence services slide down further in relative status?
 
Is anti-intellectualism good for the defence services? There is a school of thought that “intellectualism” is not conducive to the regimented culture of “instant obedience of orders”.
 
While “do as you are told no questions asked” obedience may be relevant at junior levels and in combat operations; is such regimented blind obedience desirable at higher levels where perhaps more imaginative “out of the box” thinking may be apt?
 
Unfortunately, this “unquestioning blind obedience” culture gets so ingrained that it becomes difficult to “unfreeze” and change one’s way of thinking.
 
I will end with a remark by Liddel Hart on the dangers of anti-intellectualism and conformist military culture quoted by Norman Dixon in his book “On The Psychology of Military Incompetence”:
“A lifetime of having to curb the expression of original thought culminates so often in there being nothing left to express”
 
(Sourced- email sent by Maj G Anuraag K)

Friday, June 28, 2013

CALL OF DUTY - ACTION BY BABU'S + GOVT VERSUS DEFENCE FORCES


SALUTE TO THESE DARE DEVILS. BUT BABU’S & GOVT ARE ALWAYS PASSING BUCK.
ROLE OF BABUS; & GOVT ON INTERNAL MATTERS [ WHICH IS NOT BASIC ROLE OF ARMY]

1. Earthquake……………………………… Get Army
2. Floods…………………………………….. Get Army
3. Common wealth games…………….... Get Army
4. Terror Attacks………………………….. Get Army
5. Child struck in Borewell……………... Get Army
6. ATTACK ON TAJ ……………………......GET ARMY.
7. TRAIN ACCIDENT……….................. GET ARMY.
8. SECURITY TO NETA’S …………………...GET ARMY
9.STRIKE BY GOVT DEPARTMENTS,,,,, ...GET ARMY
10. Pay Commission[NFU STATUS EXTRA]………. Forget Army
____________________________________________________________
Heroes of Uttarkhand.
Are we a lobsided kaum.????
…..
Utrakhand me Fansi ek Beti ne apni Maa se
Pucha: “Maa Radio peSuna India Jeet Gai, jo Khel
rae the Unhe 1 crore pe Mila”
Maa Boli: Haa Beti sarkar kehti hai “wo Desh k
Liye khel rae hai.. isiliye”
Beti Asmaan me Helicopter pe Latakte Jawaan ko
Dekh ke boli: “Maa Kya Inhe bhi 1 crore??”
Maa: “Naa Beti Naa Hamare yaha Balle se khelne
wale ko Inaam Milta hai Jaan pe khelne wale en jaa baaj soldiers ko
nahi”
What a shame-less governance we have in our country.
EVEN NFU STATUS GIVEN TO ALL BABUS /IPS/DOCS EXTRA ,BUT DENIED TO ARMED FORCES FROM 1/1/2006 TO TILL DATE.REASON GOD KNOWS?
COL LAMBA[ONE MAN ARMY]         Ranbir Lamba 
(Source- Sanjha Morcha)

Ex-servicemen urge Antony to resolve pension anomalies

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

ESM of Lucknow have approached defence minister AK Antony with their demand to rectify anomalies in their pension policies. Retired soldiers of the army, navy and air force, under the pan India banner - Indian Ex-servicemen Movement (IESM) - have, in a letter to the minister, pointed out a “serious lacuna’’ that the ministry of defence (MoD) has committed while formulating the pension guidelines for retired personnel. “On completing 21 years of service, a major rank officer gets a pension higher than a lieutenant colonel, colonel, brigadier or a major general,” said Wg Cdr (retd)  AK Sahai, who is also the Lucknow convener of IESM.

As part of the campaign underway across the country, all retired officers, affected by the scheme, have been advised to write to the defence minister, requesting him to direct the defence secretary Shashi Kant Sharma to immediately remove the serious discrepancy in pensions.

“It is a mischief on the part of a clerk. We want the ministry to enhance the pensions of lieutenant colonel (both time scale and selective), colonel, brigadier and major general proportionately, making it higher than that of a major,” Sahai added. The argument is that unlike civilian govt employees, who retire at the age of 60, military personnel retire by ranks at comparatively younger ages. Retired soldiers feel that this demand, if fulfilled, would be a step towards implementation of the long pending one-rank, one-pension (OROP) scheme, which was announced by the Government of India in 2012. It means that personnel retiring at same rank and putting in the same tenure of service get same pension irrespective of the year of retirement.

“All jawans retire in their mid 30s, junior commissioned officer in their mid 40s and a bulk of officers in their early 50s. This is done to ensure the armed forces always remain young. Only a handful of officers like lieutenant generals serve up to 60 years of age,” said an officer.Since the date of retirement also determines the quantum of pension, with each pay commission, the veterans who retire early receive lesser pension compared to those who have retired later with the same rank and service.

“OROP is the dream of every soldier in the country. The government is still not clear about it. But if they ensure that every retired officer gets maximum pension as proposed by the sixth pay commission it won’t be much of a burden for them financially,” Sahai said.
(Source- Hindustan Times)

Friday, June 14, 2013

Saturday, May 11, 2013

ENJOY THE MUSIC

FORGET DAY-TO-DAY ISSUES THAT TROUBLE YOU.

FORGET THEM AND ENJOY THE FOLLOWING -

1 .  PLEASE CLICK HERE 


2.    ALSO CLICK HERE   ANOTHER SOOTHING MILITARY BAND

(Source- Youtube)

Friday, May 10, 2013

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.)
12345
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

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 BenchDate of operationalisationTerritorial Jurisdiction
1.Armed Forces Tribunal (AFT), Principal Bench10.8.2009New Delhi.
2.Lucknow09.11.2009States of Uttar Pradesh,Uttarakhand, Madhya Pradesh and Chhattisgarh.
3.Chandigarh16.11.2009States of Punjab, Haryana, Himachal Pradesh, Jammu & Kashmir and UT of Chandigarh.
4.Chennai26.10.2009States of Tamil Nadu, Andhra Pradesh and Union Territory of Puducherry.
5.Jaipur03.11.2009State of Rajasthan.
6.Kolkata23.11.2009States of West Bengal, Bihar, Jharkhand,Odisha and Union Territory of Andaman & Nicobar Islands.
7.Kochi07.12.2009States of Kerala, Karnataka and Union Territory of Lakshadweep.
8.Guwahati31.07.2010States of Assam, Arunachal Pradesh, Meghalaya, Manipur, Mizoram, Nagaland, Tripura & Sikkim.
9.Mumbai09.06.2011States 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
(Source-Central Govt Employees news)