SUPREME COURT ISSUED NOTICE TO PENSIONERS IN 3SLP FILED BY UOI

SUPREME COURT ISSUED NOTICES TO RESPONDENTS 

(PENSIONERS ) IN 3 SLP FILED BY UOI  ON 19/11/2013 

AGAINST THE JUDGEMENT OF CAT PB & DELHI HIGH 

COURT.

THE DATE OF  HEARING WILL BE ANNOUNCED SHORTLY AFTER  THE REPLY TO NOTICES ARE RECEIVED BY THE COURT.THERE IS NO PLACE FOR ANY DISAPPOINTMENT 

SINCE THIS WONT AFFECT THE CONTEMPT PETITION 

WHICH IS COMING UP FOR HEARING IN CAT PB 

ON 27/11/2013

THE REVIEW PETITION FILED BY UOI IN SUPREME COURT IS DISMISSED

The review petition RP(civil) 2492/2013 filed by UOI in SUPREME COURT  against the dismissal of SLP(c) 23055/2013 is againdismissed as there is  no fresh case is made out to review the order dated 29th July 2013.The judgement is reproduced below.                      
             IN THE SUPREME COURT OF INDIA

     CIVIL APPELLATE JURISDICTION

REVIEW PETITION (CIVIL) NO.2492 OF 2013

                   IN

SPECIAL LEAVE PETITION (CIVIL) NO.23055 OF 2013

         U.O.I. & ANR...PETITIONERS

                             VERSUS

    CENTRAL GOVT. SAG (S-29)    &ANR....RESPONDENTS          

                               ORDER

This Review Petition has been filed against

order, dated 29thJuly, 2013, whereby the Special

Leave Petition was dismissed.

                          Delay condoned.

           Prayer for oral hearing is rejected.

We have perused the Review Petition as well as

the grounds in support of the Review Petition. In

our opinion, no case for review of order, dated

29thJuly, 2013, is made out. Consequently,  
          the review petition is dismissed.

                 .,J.

        (SURINDER SINGH NIJJAR)

                  ,J.

   (FAKKIR MOHAMED IBRAHIM KALIFULLA)

NEW DELHI

NOVEMBER 12, 2013

ON PAY COMMISSIONS - Damaging a Great Institution - BY LT GEN HARWANT SINGH (RETD)

 

THE 6TH CENTRAL PAY COMMISSION, SET UP IN 2006, DISPLAYED COMPLETE LACK OF KNOWLEDGE OF DEFENCE SERVICES, ON WHOSE PAY &ALLOWANCES IT WAS TO DECIDE. THERE ARE STILL MORE THAN TWO DOZEN ANOMALIES IN ITS RECOMMENDATIONS CONCERNING DEFENCE SERVICES, WHICH AWAIT RESOLUTION 

 

33 YEARS’ SERVICE

The condition of 33 years’ service to earn full pension was introduced,knowing full well that more than 90% of the defence personnel cannot meet this requirement. The 4th CPC created a number of other anomalies which till now have not been resolved.

The 5th CPC took away the running pay band and introduced many more disadvan- tages for the defence personnel. It further lowered the status of defence officers. On persistent protests from the defence services, the bureaucracy (Ajai Vikram Singh Committee), instead of restoring the rank-wise status, altered the very rank structure within the service by creating more vacancies in higher ranks. Thus, we ended up with a Lt Col doing a Major’s jobs, resulting in six to seven Lt Cols in a unit, besides the commanding officer of colonel rank. The same pattern was adopted right up to the rank of Lt Gens. In some manner, this cheapening of the rank did contribute to the problems that have surfaced in units during the past year or so. This has been the handiwork of the bureaucracy, bugged as it had been with the earlier status of armed forces officers vis-à-vis the bureaucracy, police etc. Higher command in the defence forces, unable to oppose this damage to the service, acquiesced to this mischief.

ANOMALIES GALORE
 

The 6th CPC did away with rank pay and displayed complete lack of knowledge of defence services, on whose pay, allowances etc., it was to decide. It thought that a brigadier is of a higher rank than a Maj Gen and consequently gave the former higher pension! It took nearly six years to partially sort out this issue by taking the case right up to the Supreme Court. There are still more than two dozen anomalies in its recommendations concerning defence services, which await resolution.

However, the biggest mischief of this CPC has been the exclusion of defence officers from what is called Non-Functional Upgradation ( NFU), which means that once an IAS officer, say with 14 years’ service, becomes a joint secretary to the union government, then all, yes all officers, in grade A central service with 16 years of service will get elevated to an equivalent status in terms of pay etc. There are more than 50 class-A central services. Army officers are not in class-A central service, it is military service as designated by the bureaucracy. The issue of NFU for the defence services is being left for the 7th CPC to decide, which of course should not be accepted. Hopefully, army commanders (and those in the air force and the navy) will, in writing, apprise the defence minister of the damage such policies are inflicting on the services.

NO REPRESENTATION

No CPC had a member from the defence services, while theirs is the largest officer cadre and nearly 40% of central employees are from the armed forces. There has never been a defence member even among the staff of more than 150 officers assembled to work out the nitty-gritty of various CPC reports. The 5th CPC’s report runs into 2,100 pages in three volumes, where less than 50 pages deal with the defence services.

The government has succeeded in making the service so very unattractive that few suitable candidates want to join it and many of those in service want to quit. During 2001-04, 2,000 officers applied to leave service and that included two Lt Gens, 10 Maj Gens, 84 brigadiers and the rest colonels and below. How many from the IAS, IPS and other central services have opted to leave? Looking at the number of mutinies in units in recent times and the increasing number of cases of suicides and fratricides, even the dumb-witted can make out the impact these developments will have on national security. The British took more than a century to create a worldclass military, while we have succeeded in inflicting much damage to this great institution within a much shorter period. Winston Churchill spelt out the time and the type of effort required to restore the spirit and morale of an army.

The 7th CPC must have a member from the services and sufficient number among the staff that prepares the report. The issue of NFU for the defence services and other anomalies need to be decided now and not left to the 7th CPC.

AN INSPIRING STORY OF EX-AIR VETERAN

Hon'ble Justice H.R.Panwar (Retd)

The best second inning ever played by an Ex Airman…Inspiring story..

Justice H R Panwar (retd) Ex Corporal, Borne on 11.02.1948 and enrolled as Advocate of High Court of Rajastan on 01.02.1982 and appointed as Judge of Rajastan High Court on 11.01.2001.

Friends, I came to know him somewhere in 1980. He was a Corporal of Clk/Acct. We were sweating together at AF Jodhpur that time. We almost used to see each other daily because of location of work place. He completed his LLB from Jodhpur University just before his discharge from AF in 1982 and quickly changed his uniform from khaki to balck & white (IAF was Khaki then). His attractive personality with good physic and always charming smile on face made him a different person. He started his practice as a lawyer in High Court Jodhpur and soon became a popular person among our folk. Many Ex airmen from Jodhpur followed his footsteps and adopted the same profession and are now successful lawyers.
By his hard work, helping nature and with the blessing of people he was appointed as a Judge in High Court ,Jodhpur in the year 2002. He retired in the year 2010 after 62 years and leading very peaceful life with a lot of respect in the society now. No doubt he added glory to ex-airmen class as a whole.
I met him on the eve of this Diwali at his home. He narrated many inspiring stories of his tenure as a judge to me. It was a wonderful experience to listen him.
…...Is there anybody else who has played second inning like him? Bring him out. People need inspiration.

By 

Nathu Singh Choudhary

Having worked in Jodhpur from 1978 to 1983 as Corporal, I feel proud of having worked with him during my tenure in Jodhpur. I convey my thanks to  Sri. Nathu Singh Choudhary to bring his inspired story to notice of our fraternity.

P.Vigneshwar Raju

Ex-Sergeant

Supdt. of Customs & Central Excise. 

HEARING OF SLP FILED BY UOI FOR ADMISSION DEFERRED BY TWO WEEKS

The review petition filed by UOI against CAT PB judgement in  OA 655/2010 & DELHI HIGH COURT judgement  WP(civil) 1535/2012 in SUPREME COURT is listed to be heard on 12/11/2013.

 The fresh SLP in pre2006 pensioners 
case filed by UOI against CAT PB & DELHI HIGH COURT JUDGEMENT IN SUPREME COURT , which is listed to be heard on 01/11/2013  is now deferred by two weeks & the next date of hearing will be on 15/11/2013.

Ex-Petty Officer Simon Jose Borges was awarded All Goa Ex-Servicemen Achiever Award

Ex-Petty Officer  Simon Jose Borges 

AFTER COMPLETION OF 15YRS LEAVING INDIAN NAVY AND PUTTING UP 15 YRS SERVICE FOR ELECTRICITY DEPARTMENT,GOVERNMENT OF GOA AS ELECTRICAL ENGINEER.
ALL GOA BEST EX-SERVICEMAN ACHIEVER OF D YEAR AWARD 2012 AWARDED TO SRI. SIMON BORGES BY THE GOVERNOR OF GOA IN PRESENCE OF DY CH.MINISTER OF GOA AT RAJ BHAVAN AND CHIEF SECRETARY OF GOA,MR B.VIJAYAN, DONA PAULO,GOA

THIS BLOG WISHES ALL ITS READERS A HAPPY AIR FORCE DAY

HAPPY AIR FORCE DAY

ECHS – Medical facilities when residing in districts not covered by ECHS

In Patients

EX-SERVICEMEN SECURITY GUARDS REQUIRED IN HYDERABAD

SHERIKAR SECURITY AND FACILITY MANAGEMENT  PVT,LTD. are recruiting the ex servicemen  security guards in Hyderabad eligibilities:  10 pass or fail, spoken hindi, spoken english also writen skills, telephone operating knowledge age: up to 50 years salary: 12 hrs = rs =9000/- to 10000/-

contact:

vemula srinivas

operation manager

"sherikar security and facility management pvt,ltd"

#12-6-2/1/6,viveknagar,behind hdfc bank,kukatpally,hyderabd-500072.

cell:8099858777

email:ssfm007@gmail.com

RECRUITMENT OF POSTS IN RAILWAY EXCLUSIVELY FOR EX-SERVICEMEN IN PAY BAND 5200-20200 WITH GRADE PAY 1800

GOVERNMENT OF INDIA
(BHARAT SARKAR)
MINISTRY OF RAILWAYS (RAIL MANTRALAYA)
(RAILWAY BOARD)

                                                                                                               RBE No, 47/2013
No. E (NG)II/2009/RR-1/10.
                                                                                         New Delhi, Dated: 10/05/2013
The General Manager (P),
All Zonal Railway & Production Units
(As per standard mailing list)

Sub: Recruitment to posts in Pay Band -1 of Rs.5200-20200 with Grade Pay of Rs.1800/- from Ex-servicemen regarding.

Attention is invited to instructions issued vide Board’s letter No.E(NG)ll/2009/RR-1/10/Pt. dated 27.6.2012 (RBE No. 76/2012) wherein while directing to issue notification in July, 2012 for vacancies occurring in Pay Band -1 of Rs.5200-20200 with Grade Pay of Rs.1800/-, it was communicated that modalities for filling up of 20% ex-servicemen quota will be communicated separately.

2. The issue has been deliberated upon and it has been decided that zonal railways shall take immediate action for filling up of vacancies exclusively against ex-servicemen quota in terms of conditions mentioned in Board’s letter of even number dated 10.9.2010 (RBE No. 130/2010) taking into account 20% vacancies of ex-servicemen for which general notifications were issued in July, 2012 and also the other vacancies against the said quota which has remained unfilled before 01.01.2013.

3. Immediate action be taken for issuance of notification and the whole process should be completed by 15th October, 2013. Further, the panel may be drawn in such a manner that it adequately takes care of eventualities like non-turning up of candidates, failing in medical etc., after selection. Therefore, panels may be drawn large enough so that all the posts are eventually filled up.

Please acknowledge receipt.
(Hindi version will follow.)

sd/-
(Harsha Dass)
Director Estt. (N)-II
Railway Board

Source: AIRF

FAQs on Implementation of OROP vide Govt. Order dated 17.01.2013

Q: 1 Are these orders applicable to those pensioners also whose date of commencement of pension is exactly 01.01.2006 ?
A: Yes, these orders are applicable to all the pensioners/family pensioners whose date of commencement of pension is on or before 01.01.2006.
Q: 2 The date of commencement of family pension in respect of a family pensioner is 01.04.2006 whose late husband had retired from the service on 31.08.1999. Will the family pension of the family be revised under these orders?
A: Yes, the family pension will be revised under these orders because the deceased soldier was a pre-2006 retiree.
Q: 3 It is being contended by some pensioners/their associations that the arrears on account of this revision should be paid w.e.f. 01.01.2006 as the orders are merely an amendment to GOI, MoD letter dated 11.11.2008. Please clarify?
A: As the provision of these orders are effective from 24the September 2012. Hence no arrears shall be allowed for the past period.
Q:4 Will the additional pension also be revised accordingly ?
A: The improved pension will be the basic pension from 24.09.2012 and hence additional pension payable will also be revised accordingly by the PDA.
Q:5 The basic pension of a pre-2006 pensioner (Rank - Havildar , Group ‘D’) of Army having total qualifying service of 15 years is slated to be increased from 3500/- p.m. to 5301/- P.M. Is such a high increase in Basic Pension is in order?
A: The increase in BP from 3500/- to 5301/- P.M for the pensioner with particulars as mentioned above is in order. It is evident from the existing basic pension of 3500/-PM and the particulars given above that the PDA has not revised pension of the individual correctly w.e.f. 01.07.2009. The correct entitlement of the individual is as under:
Basic Pension w.e.f. :

Date	Amount (Rs.)PM	Ciruclar No.
01.01.2006	3500/-	397
01.07.2009	4635/-	430
24.09.2012	5301/-	501

Q:6 In most of the cases neither the pensioner has applied to the PDA for revision of their pension nor any Corr PPO or instructions have been received by the PDA from the PSA. Please supply the proforma of application in this regard?
A: It has been clearly mentioned in the orders that the revision of pension by PDAs has to be made with reference to Pension Tables annexed to the orders. No further authorization from the PSA or any application from the affected pensioner is required to carry out the revision.
Q:7 The tables annexed to circular No 501 & Circular No. 502 start from QS of 15 years onwards. How to revise the pension of a pensioner having less than 15 years if qualifying years?
A: Following elements of pension / type of pension are to be revised by PSA.

• Special Pension
• Invalid pension
• Service element of disability pension in respect of PBOR discharged with less than 15 years qualifying service
• Service pension of TA personnel irrespective of their QS service and
• Service element of War Injury Pension and Liberalized Disability Pension

Q:8 Mr. ‘X’ who is a Hony Nb Sub, Gp ‘D’ pensioner having total QS of 24 years is already drawing a basic pension of 7750/- PM. However as per table – 4 (Army) annexued to Cir No 501, his basic pension w.e.f. 24.9.12 should be 7601/- PM. Please advise how to regulate such cases.
A: The existing pension of the pensioner in such cases might have been revised by PCDA (P) by issuing Corr PPO (s) based on some courts orders etc. No action by PDA is required in such cases.
Q:9 Mr ‘X’ is a DSC pensioner in receipt of two pensions, one for regular Army service, and another for DSC service. Are both these pensions to be revised by PDAs?
A: The pension for regular Army service will only be revised under these orders by the PDA. A reference for revision of pension for DSC service will be sent to PCDA (P).
Q:10 The tables annexed to Circular No 501, in respect of DSC pensioner seem to be incomplete e.g. the table in respect of Sep of DSC are only up to QS of 23 years. How to revise pension of a sep of DSC who has total QS of 24 years or above?
A: Sepoy in DSC have maximum engagement period up to 20 years only with the exception that the maximum term of engagement can be up to 23 years in case of pensioner retired on or 30.5.98. Hence QS in such type of cases may be restricted to the maximum permissible and pension revised accordingly. Period-wise complete list of maximum terms of engagement for JCOs/ORs is enclosed in Appendix-X to Cir No 501.
Q:11 There is no table annexed to Cir No 502 to revise Ordinary Family Pension for NOKs of DSC Personnel. Please advise how to revise such cases ?
A: The family pension in respect of DSC personnel who are in receipt of family pension for only DSC service are to be revised at the same rates as given for family pensioners of Regular Army. DSC personnel on “clerical duty” and “other duty” are entitled for family pension of regular Army personnel of group “Y” and “Z” respectively.
Q:12 What are the basic fields/data required to revise pension under these order?
A: The basic fields/data required to revise pension under these orders are as follows:

1. Type of pension viz Retiring pension/service pension/ Ordinary Family Pension/ Special Family Pension/ War Injury Pension/ Dependant Pension
2. Rank of the pensioner
3. Group of the pensioner (only for JCOs / PBORs)
4. Qualifying service (without weightage)
5. Record Office
6. Date of commencement
7. Date of Retiremen

Q :13 How to look for the above information in the PPO or related record ?
A: In case of Post -86 retires all the information is generally available in the original PPO of the Pensioner. In cases where the required information is not available in the PPO or other record of the PDA, the missing information may be called for from the PSA concerned.
Q:14 In case of Pre-86 retires Qualifying service is generally not available in the PPO of the pensioner. Pl. advise the way out to regulate such cases.
A: The qualifying service in such type of cases can be looked for in the original Descriptive Roll of the pensioner or in the Corrigendum PPO(s). Original discharge book/certificate issued to the pensioner by the Record office is also an authentic source of such information.
Q:15 Is capturing of information about Record office financially importance or can be done away with?
A: Following are the 4 major categories of JCOs/PBORs based on Record office.

1. Naval Record Office
2. Air Force Record Office
3. DSC Cannanore Record Office
4. All other Record offices except those mentioned above.
   
   Different tables are available to cater to these categories and hence the importance of information about Record Office can’t be done away with.

CLARIFICATION ON HOSTEL SUBSIDY

PLEASE CLICK HERE FOR CLARIFICATION FOR HOSTEL SUBSIDY FOR CHILDREN OF ARMED FORCES. 

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)       

Seventh pay panel to meet ex-servicemen's aspirations: Army chief

General Bikram Singh

Barrackpore (W B): Conceding that the current pension benefits for the country's ex-servicemen are not sufficient, army chief General Bikram Singh on Sunday said he would try to ensure their aspirations and requirements are fulfilled when the Seventh Pay Commission comes up. "I am deeply involved in meeting aspirations and requirements of ex-servicemen. I know that currently what you are getting is not enough. But you know about the current financial conditions in the whole world. So, taking into account the condition of the government's coffers, we have to deal with it," Gen Singh said while speaking at a mega ex-servicemen's rally here.

"However, I can assure you that when the Seventh Pay Commission will be set up and the economic conditions will start improving, all your aspirations and requirements would be included in it," he said.

About 10,000 ex-servicemen, war veterans, disabled soldiers and war widows (veer naris) were present on the occasion. The Army chief said he had taken up the issue of pension benefits with the central government for the welfare of the ex-servicemen.

Lauding the Mamata Banerjee-led West Bengal government for supporting the army on welfare issues, he said it was giving "full support" for the re-employment of ex-servicemen. "I would like to inform you that the Indian Army is getting full support from the West Bengal government. When I met the chief minister earlier, then I saw her love and concern for the Army," he said.

Gen. Singh said the army would set up old-age homes for ex-servicemen in every command across the country. "We are opening old-age homes in every command. We are currently experimenting in Chandigarh, where the first old-age home was built," he added.

(Source- ZEE News)

PENAL INTEREST FOR DELAY IN PAYMENT OF ARREARS TO PENSIONERS

THE RBI HAS ALREADY ISSUED THE FOLLOWING INSTRUCTIONS FOR PAYMENT OF INTEREST FOR DELAY IN PAYMENT OF PENSION , ARREARS ETC.

Pension Payment to Central/ State Govt. Pensioners by Agency Banks-Delay

(Ref.DO.No.CSD.CO/8793/13.01.001/2009-10 dated April 09, 2010, DGBA.GAD.No.H- 46/45.01.001/2010-11 dated July 2, 2010 and DGBA.GAD.No.H- 6212 & 6213/45.01.001/2010-11 dated March 11, 2011)

Reserve Bank of India is receiving several complaints from the pensioners alleging inordinate delay in disbursing the revised pension and arrears. Position was reviewed by RBI and the agency banks have been instructed as under:
i) Pension paying banks should compensate the pensioner for the delay in crediting the pension/ arrears thereof by paying compensation at Bank Rate plus 2% penal interest for the delay after the due date and the compensation shall be credited to the pensioner's account automatically without any claim from the pensioner on the same day when the bank affords credit for revised pension/ pension arrears, in respect of all delayed pension payments made since October 1, 2008.
ii) Pension paying banks have been requested to put in place a mechanism to obtain immediately the copies of pension orders from the pension paying authorities directly and make payments without waiting for receipt of instructions from RBI so that pensioners should get the benefits announced by the Governments in the succeeding month's pension payment itself.
iii) System of attending to customer service including pension payments may be reviewed.
iv) The branch continues to be a point of referral for the pensioner lest he/she feel disenfranchised.
v) All branches having pension accounts should guide and assist the pensioners in all their dealings with the bank
vi) Suitable arrangements are made to place the arithmetic and other details  about  the  pension  calculations  on the web, to be made available to the pensioners through the net or at the branches at periodic interval as may be necessary and sufficient advertisement  is made about such arrangements
vii)   All claims for agency commission in respect of pension payments must be  accompanied  by a  certificate from E.D./ CGM- in-Charge of Government business in case of SBI and its  Associate Banks that there are no pension arrears to be credited /delays in crediting regular pension/arrears thereof.
----

THEREFORE, ALL THE PENSIONERS ARE REQUESTED TO WRITE TO THEIR CONCERNED BANK TO PAY THE INTEREST AS THEY HAVE NOT DEPOSITED THE NEW PENSION AS WELL AS ARREARS OF OROP.