OROP Chill ! as of now!

The FM in his Vote on Account speech said that: OROP accepted in principle but it had legal implications and was a sensitive issue and was to be paid prospectively from 01 Apr 2014 with earmarking of 500 crores. He further mentioned of bridging the gaps in pensions of ORs and Majors upwards.

At the face of it, OROP is only accepted in principle. This we have heard n number of times including from the ramparts of the Redfort and inclusion in political manifestoes and in Parliament too. So there is no cause to be elated.

An open house discussion was held under the ageis of the Flags of Honour with Rajya Sabha MP Mr Chandrasekhar in chair. After lot of delibrations/discussions it was unanimously agreed that a Memoranda be sent to the FM which is attached below. Bottom line is ' We have to wait for the Implementation Notification and the fine print.' It was also agreed that the stakeholders should be involved in the finalisation of the implementation instructions. RDOA will be actively involved in this.

 

GRANT OF ONE RANK ONE PENSION (OROP)

Introduction

1. OROP, an entirely justified and acknowledged demand and yet denied to the defence personnel for over four decades, has finally become a reality. Defence fraternity is indeed grateful to the Govt for accepting the principle of OROP and granting the same to all defence personnel during the Vote-on-Account presentation by the Finance Minister in the Parliament on 17 Feb 2014.

2.       However, lack of details and clarity in the statements made by the Finance Minister during the Vote-on-Account presentation on 17 Feb 2014 has led to diverse interpretation, including apprehensions, among the defence fraternity with regards to implementation of OROP. This in turn raises crucial and critical questions which must be addressed forthwith to instil confidence amongst the defence fraternity that OROP will be implemented holistically and as per accepted definition with no deviation at any stage.

3.       These are listed in the succeeding Paras.

Definition of OROP

4.       One Rank One Pension (OROP) implies that “ uniform pension be paid to the Armed Forces personnel retiring in the same rank with the same length of service irrespective of their date of retirement and any future enhancement in the rates of pension be automatically passed on to the past pensioners.”  This implies bridging the gap between the rate of pension of the current pensioners and the past pensioners, and also future enhancements in the rate of pension to be automatically passed on to the past pensioners.

5.       It is pertinent to mention that the above definition of OROP was duly accepted by the Rajya Sabha Petition Committee on OROP which submitted its report to the Rajya Sabha on 19 Dec 2011. Therefore, while being implemented; definition of OROP must remain absolutely consistent with the above.     

Status of Pension of Earlier Retirees as on 1 Apr 2014

6.       OROP has been granted prospectively with effect from 01 Apr 2014. Therefore , the above definition implies that pension of all ranks of Army, Air Force and Navy will be brought up to 01 Apr 2014 and all past pensioners of all ranks with same years of service will receive the same pension as all ranks with same years of services who will retire as on 01 Apr 2014.

7        In essence the fundamental issue which must be confirmed is that pensions of past defence retirees will be equal to that of defence personnel with same rank and length of service and same group retiring wef 01 Apr 2014.

Impact of Future Enhancements in Pay and Pension

8.       Based on the accepted definition , any future enhancement in pension due to implementation of OROP post 1 Apr 2014 , must be automatically passed on to past pensioners.

9.       This aspect needs to be confirmed.

Allocation of Funds

10      Given that OROP is to be implemented as defined above, allotment of Rs 500 crores as stated by the Finance Minister is way too inadequate. There is a need to clarify whether this amount is only the initial allotment and additional funds required to implement OROP for all ranks in one shot, and not piece – meal, will be made available for implementation of OROP.

11.     Also the additional Funds required to implement OROP as defined above must be worked out by the Finance Ministry in consultation with Ministry of Defence, Service Headquarters and all other stakeholders including Ex Servicemen (ESM).

Family Pension

12.     The Defence Family Pension for all ranks, including all types of casualties, at every stage must be equal to the pension drawn by the Pensioner. Ipso facto this implies that there must be no reduction in the pension while granting family pension to Defence spouses and the Next of Kin where entitled , including in case of all types of casualties.

 Date of Implementation

13.     OROP as defined above and with all confirmations in place must get implemented on ground with effect from 1 Apr 2014.

 

Update IV CPC Rank Pay Contempt Petition as on 23 Feb 14

UOI/MoD has filed reply to the contempt Petition / Notice given by RDOA. The reply runs into 231 pages. MoD has sought exemption for appearance of the Bada Babus and have denied each and every averment, statement and submission given in the Contempt Petition. As per MoD the SC order of 4 Sept 12 has been fully complied with in letter and spirit.

RDOA will be filing rejoinder to their reply in consultation with the legal team by coming week. Next date of hearing is on 10 March 2014.

Rank Pay case in Mail Today

Rank pay case exclusive: Babus make veterans wait on older case

Jugal Purohit  New Delhi, February 17, 2014 | UPDATED 21:13 IST

 

Lt Colonel (Retd) BK Sharma (Left)

On a day the UPA's Vote On Account aimed at delivering the long-awaited One Rank One Pay (OROP) to the defence forces personnel, came yet another reminder of the difference between grand promises and their tardy implementation.

Top bureaucrats, including former defence secretary and present Comptroller and Auditor General (CAG) Shashikant Sharma, Secretary RS Gujral, Arunava Dutt and Priti Mohanty were ordered to appear in the apex court to face contempt petition moved by the Retired Defence Officers Association (RDOA). Not only did they not appear in the court, they in fact sought from court time to file their side, causing much heartburn to the veterans fighting this long battle.

What did the SC say? Accusing the bureaucrats of 'deliberate and intentional non-compliance' with the apex court's earlier order of September 2012, the RDOA had filed a 49-page contempt petition before the SC. Acting on that, the deputy registrar of the SC had issued an order on November 27, last year mandating these bureaucrats to remain present in court. In fact, the SC order went further and mentioned, "You shall attend the court in person on the above mentioned date and shall continue to attend the court on all days thereafter to which the case against you stands adjourned and until final orders are passed on the charge against you. HEREIN FAIL NOT."

"None of them appeared," said Lt. Col (retd) BK Sharma of the RDOA. "The Solicitor General appeared on their behalf and said they will file a reply today. Court said okay and gave another two weeks, if we would like to file anything as response. The court should have taken suo moto cognisance of this asking why, despite the court asking them to appear in person they did not remain present," he added.

"This is a much older case in which even the Supreme Court has closed the issue. There is no accountability for those in charge of implementing it. This is money due to us for al most 30 years ago and yet there is no resolution in sight," added Brigadier (retd) Dharam Prakash, active member of the Indian Ex Servicemen Movement (IESM).

The RDOA had filed a 49-page contempt petition in this case on account of what they believed was deliberate and intentional non-compliance with SC's order of September 2012.  

What is the Rank Pay case all about?

The case, famously known as the Rank Pay case was initiated by Major AK Dhanapalan when he aprached the Kerala High Court in 1998 praying that as per Govt of India resolution, 'rank pay' was admissible to army officers in addition to their integrated scales. Since this was to take place since 1.1.86 i.e date of implementation of the fourth pay commission, court allowed him re-fixation of his pay from that date without deducting his pay based on rank pay -  a practice which was taking place then. Subsequently, the RDOA took up this case on behalf of retired officers against whom the MoD lost all appeals and petitions before all courts, including the SC.

 

Read more at: http://indiatoday.intoday.in/story/one-rank-one-pay-interim-budget-2014-p-chidambaram/1/344043.html

Update:IV CPC Rank Pay Case as on 17 Feb 14

The Contempt Petition in the IV CPC rank pay filed by RDOA was heard today in Court No 2 ( Justice RM Lodha), Item no 9.

Solicitor General appeared for the UOI. He informed the Court that the UOI will file reply before the day's proceedings ends on the Contempt Notice. The Court agreed to the request and also gave 2 weeks time to the Petitioners (RDOA) to file rejoinder if any. The case would be heard thereafter.
Deduction: It would take another three weeks before the case is heard. Also what reply the UOI gives will have to be analysed and reply filed within two weeks by RDOA.

None of the four contemnors (Secretaries) appeared in the Court. Senior Advocate Mr Jagdeep Dhankhar appeared for RDOA.

As per Info available the file pertaining to the infirmities raised by COSC has been sent to the Law Ministry for views of the Attorney General. 

Voting: Armed Forces Personnel

ELECTORAL TANGLE

EC won’t allow def staff to vote at posting place

Bharti Jain TNN

New Delhi: Months after the then chairman of the chiefs of staff committee, N A K Browne, wrote to the Election Commission seeking the right of members of the armed forces to be registered at the place of their posting just like a general voter, the election panel has positioned itself against the proposal.
    Sources in the EC told TOI it was disinclined to allowing soldiers to vote from their cantonments or military stations, as the results in such constituencies could be influenced by the sheer number of such voters on the rolls rather than the locals’ preference.
    The risk, an EC official said, was more in Jammu & Kashmir and northeastern states like Arunachal Pradesh and Sikkim, which are thinly populated but have heavy military presence. Besides, in many constituencies in Kashmir, where the voter turnout could be very low, the participation of the local military unit may alter poll results.
    “How can one rule out the risk of a ruling dispensation trying to influence results by getting a large unit, like a brigade, to relocate to a particular area just six months before a poll?” asked the EC official.
    The EC may present its arguments against allowing defence service voters to vote from the place of their posting to the defence and home ministries when their representatives meet here on Tuesday to discuss the issue. While arguing for a status quo that treats service personnel differently from ordinary voters in the coming Lok Sabha elections, the commission, however, will insist on cooperation of the armed forces to make the postal ballot and proxy voting mechanism more effective.
    There is, however, a view in the EC that internet voting facility for the armed forces and embassy staff could be considered.
    For the full report, log on
    to www.timesofindia.com 

MoD Files Appeal in SC against NANA disability pension case: Republic Day Bonanza

RDOA had taken up case with MoD for admissibility of disability pension in cases where disability is Niether Attributable Nor Aggravated (NANA) due to Military Service with 20% or more disability based on the judgment given by the Supreme Court.

MoD has now filed appeal against the said judgment in the SC. Another legal battle in the offing for the veterans. RDOA will step in and fight for the veterans. Reply recd is appended.

Office of the Controller General of Defence Accounts, Ulan Batar Road, Palam, Delhi Cantt – 110010 Fax: (011)  25674811

No 5669/AT-P/Supreme Court                                                 Dated:  24 .01.2014

To

          LT. Col Satwant  Singh (Retd)

          Secretary, RDOA

          rdoaindia@gmail.com

         

Sub: Payment of disability pension: Neither attributed nor aggravated by Military Services.

Ref:  Your mail representation dated 10.10.2013

********

          Please refer to the above representation dated 10.10.2013 received through Mail. In this regard, it is intimated that Ministry has filed appeal regarding disability pension on Neither attributable nor aggravated (NANA) by Military service. Hence, no action is pending at this stage.

ACGDA (Pension)

Minutes of AGM Held on 22 Dec 2013

RETIRED DEFENCE OFFICERS ASSOCIATION (RDOA)

MINUTES OF THE ANNUAL GENERAL BODY MEETING HELD ON 22 DEC 2013 AT DSOI DHAULA KUAN NEW DELHI AT 1130 HRS

1.         The Annual General Body Meeting of the ‘Retired Defence Officers Association’ (RDOA) was held on 22 Dec 2013 at 1130 Hrs at DSOI Dhaula Kuan, New Delhi. The meeting was attended by 55 officers.

AGENDA POINT NO 1

Welcome address by the President RDOA: Lt Col BK Sharma.

2.         Lt Col BK Sharma (Retd), President of RDOA, welcomed all the members to the Fourth AGM of RDOA. He gave an overview  of the important issues taken up by RDOA to include presentation of OROP to the Parliamentary Standing Committee headed by Mr Hoshiar Singh Koshiary, Broad banding of Disability Pension, Non Functional  Financial Upgradation (NFFU),  Wrong fixation of pension of widows, Pension anomaly case of  Majors and its equivalent etc.

3.         The President informed the members that the instructions issued by MoD vide its letter of 27 Dec 12 to implement the Hon’ble Supreme Court order of 04 Sept 2012 did not meet the directives of the Court in letter and spirit and created further anomalies, / infirmities,  resulting in a situation where in RDOA had to file ‘Contempt Petition’ in the apex court for non compliance of its orders by MoD. The Contempt Notice issued by the Hon’ble Supreme Court was read out for information of the members in which it has been stated that all the contemnors viz, Defence Secretary, Secy Defence Finanace, Secy Expenditure and Controller General of Defence Accounts (CGDA) will appear in person till such time the case gets resolved.

4.         The President informed the members that a delegation of RDOA had met Air Chief Marshal NAK Browne in his office in his capacity as Chairman Chiefs of Staff Committee to express ‘Solidarity’ and to thank him for his unflinching support and persuasion in resolving the infirmities in the IV CPC Rank pay case with the MoD.

5.         The President then read out the names of officers who had contributed Rs 5000/- and more to the RDOA corpus fund.

    

      6.         The President informed the members that the  governing body of RDOA had decided that           all information will be put on the RDOA blogspot/website and as such, the  officers who did not            have access to email/net facilities to be in touch with those        having             the same or visit Cyber Cafe to          get the latest. He requested officers to motivate other officers        to join the association so that RDOA grows from strength to strength and is able to handle more            cases affecting the officers.

7.   The President emphasized once again in informing members that not even a single penny has been expended by any of the office bearers on transport, telephones, internet and secretarial support from Associations fund which speaks of high credibility and dedication of the team.

8.               The President then requested the Secretary Lt Col Satwant Singh to proceed with the remaining agenda points.

AGENDA POINT NO 2.

Progress on IV CPC Rank Pay Case and Contempt Petition.

9.   The Secretary, Lt Col Satwant Singh, then informed the members that the instructions issued by MoD to implement the order of the Hon’ble Supreme Court of 04 Sept 12 fell short of the Court’s directive and has led to a situation that it became necessary for RDOA to file ‘Contempt Petition’ in the apex court for will full defiance and non compliance/implementation of the Court’s order.

10. The Secretary then explained the infirmities so created by MoD which are as given.

(a)        Non compliance of the Hon’ble Supreme Court orders within the stipulated time limit of 31 May 2013. 

(b)        Limiting the scope of the Supreme Court order dated 04 Sept 2012 by changing the text of the order to read ‘as on 1/1/86’ instead of ‘with effect from 1/1/86’ thereby excluding benefit to all those officers who joined or were promoted to the rank of Captain and higher ranks on any day after 1/1/86.

(c)        The minimum initial pay for each rank as per para 6 (a) (ii) of SAI 1/S/87 has not been changed. The table given in this para specifies minimum initial pay for each rank from Capt to Brig which was also arrived at after deducting an amount equal to rank pay for each rank. Since the deduction step has been removed by the apex court, so therefore, the minimum initial pay for each rank needs to be corrected too.

(d)       Amendment of top of the integrated scale 2300-100-3900-150-4200-EB-150-5100.

 Officers in the rank of Brig have been fixed at 4950/- after deduction of rank pay. Such officers were already drawing more pay than 4950 on 1/1/86. They have not only been denied the fitment weightage of 20% as per the fixation formula but have also stagnated at 5100/- itself. Even stagnation increments to be absorbed as personal pay are not admissible to such officers as per instructions issued since these have not been amended.

(e)        Revision of pension of pre 1986 retiree officers.

(f)        Applicability of the judgment to subsequent V CPC and VI CPC

The admitted position of MoD before the Hon’ble Supreme Court both during arguments as well as in Affidavits was that; the implementation of the orders of the Hon’ble Court of Kerela would have a cascading effect on subsequent pay commissions as it would involve refixation of pay of officers subsequently as on 1/1/96 and 1/1/2006 during the V and VI CPC.

It is clear from the records that the methodology followed to implement the recommendations of V CPC is exactly the same as that of IV CPC where in rank pay has been deducted both at the fixation of initial pay scales as well as calculation of emoluments after implementing the recommendations.

(g)        Payment of rank pay to Substantive Lt Col (TS)

Rank pay as defined by IV CPC is payable either in acting or substantive capacity appropriate to the rank held by the officer in addition to the pay in the revised scale. The rank of Lt Col (TS) is a substantive rank given to officers on completion of 21 yrs of reckonable service and such offrs are therefore entitled to rank pay of Lt Col which has not been covered by the implementation order of MoD dated 27 Dec 2012.

AGENDA POINT NO 3

11.       OTHER ISSUES TAKEN UP BY RDOA AND PROGRESS THERE OF

The Secretary briefed the members on the current status of the ongoing cases in which RDOA had filed intervention application thereby becoming party to the case and the cases which RDOA will take up for the benefit of the veterans.

      (a)        Broadbanding of Disability Pension.  

In the case of UOI v/s Lt Gen Vijay Oberoi, AFT             Chandigarh had given judgment in favour of the petitioner saying that a person superannuating      was entitled to broad banding of disability pension. Lt Gen V Oberoi retired with 70% disability and as per the judgment was entitled to get 75% disability after rounding off. UOI has filed SLP in the Supreme Court. No date of hearing has been notified. As and when it is known, information will be put on the blogspot for information of all concerned.

      (b)        Minimum Guaranteed Pension (Major’s Pension )

In the case of Major Avtar Singh      v/s UOI, minimum guaranteed pension for Major’s was made applicable from 24 Sept 2012 as  per the notification issued by the GOI. AFT Delhi had ruled that the pension should be paid from  1/1/2006. UOI has filed SLP in the Supreme Court. The next date of hearing is scheduled for 07 Feb 2014.

      (c)        Admissibility of Disability Pension Due to ‘Neither Attributed to Nor Aggravated       (NANA) by Military Service. 

In a recent judgment the Supreme Court had said that if a person     at the time of joining service was in sound bodily health and no record of any disability was recorded in his service documents, then such a person was entitled to disability pension if 20% or  more disability was recorded at the time of retirement even if not attributed/aggravated by   service.

      Based on this judgment RDOA had requested such affected officers to write to CDA Pension and          claim disability pension. As is known, MoD is not accepting such cases on the plea that the judgment is applicable to the individual case only in whose favour it was issued. Therefore    RDOA intends to take up this case with the Dept of Ex Serviceman Welfare and thereafter file    PIL in the Supreme Court to obtain relief for all affected officers and other ranks

.

      (d)       Rationalisation of Pension of Majors/Lt Col (TS)/Select post AVS Report         Implementation. 

Consequent to implementation of AVS Report with cutoff date of 16 Dec 2004, officers who were Lt Col (TS)/Select with 26 yrs of service and had the advantage of age  were promoted to the rank of Col overnight and were drawing the pay and pension of Col. Officers who did not have the age advantage were drawing the pension of Lt Col even though having more than 26 yrs service. This was gross injustice to such officers resulting in the       division of a homogeneous group of veterans.

      The AVS Report also affected the rank of Major very badly. The report reduced the qualifying    service to become Major from the existing 10 yrs to 6 yrs as a result of which the pension of Majors got drastically reduced to Rs 10000/- which was corrected to the minimum guaranteed   pension of Rs 14 205/-. Majors who had put in more than 13 yrs of commissioned service and   were not able to pick up the rank of Lt Col (TS) due to having less than 20 yrs service were deprived of the Pensionary benefit.

      RDOA will file case in the Supreme Court /AFT Delhi to correct this anomaly so that Majors who had put in 13 yrs of commissioned service should be given pension of Lt Col as that is the  rank attainable by all officers now and also to enhance the pension of Lt Col (TS)/ Select to that of Col (TS) provided the officer had rendered 26 yrs of commissioned service as is admissible  now.

      AGENDA POINT NO 4

      12.       POINTS FOR 7CPC: 

The Secretary informed the members that a preliminary meeting    was held with the Service HQ Pay Cell on the 7 CPC. It was beyond the scope and time of  this AGM to    discuss the modalities of 7 CPC, however it was conveyed that the basis for working out pay scales for 7 CPC should be based on the assumption that the infirmities in the implementation of the IV CPC rank pay case would be resolved and all outstanding anomalies from previous pay commissioned would be sorted out before firming up scales for 7       CPC.

AGENDA POINT NO 5

13. Confirmation of Minutes of the AGM held on 17 Jun 2012

The salient points of the meeting of the AGM held on 17 Jun 2012 were read out to the members. There being no observation the minutes were deemed to be passed duly proposed by Cmde AK Dhir        and seconded by Brig V Raheja.

.

AGENDA POINT NO 6

14. Presentation of Accounts for the period Apr 2012 to March 2013

The statement of accounts for the period Apr 2012 to March 2013 was presented to the members. This was also given as a handout to all the members. There being no observations, the accounts for the period Apr 2012 to March 2013 were passed being proposed by Col M Sharma  and seconded by Brig VK Mahajan.

AGENDA POINT NO 7

15. Points from members

Issues / doubts from members relating to the IV CPC Rank pay case were clarified by Gp Capt KS Bhati, Advocate on Records in the Hon’ble Supreme Court of India and handling all legal cases pertaining to RDOA.

Lt Col Raghubir Singh raised the issue of extension of age by two yrs in the case of RCO commissioned officers whereby they have got deprived of pension of Lt Col if that was done.  The Secretary assured that the matter would be looked into and taken up with appropriate authorities.

.

AGENDA POINT NO 8.

16. Vote of Thanks.

There being no other point, the meeting was closed with a vote of thanks by the Secretary. This was followed by lunch with the members.

SECY RDOA