Armed Forces Personnel retired up to June 30, 2019 to be covered; Over 25.13 lakh to be benefitted

Rs 23,638 crore to be paid as arrears from July 2019 to June 2022

Estimated additional annual expenditure for implementation of the revision calculated as approx. Rs 8,450 crore @31% Dearness Relief

Posted On: 23 DEC 2022

The Union Cabinet, headed by Prime Minister Shri Narendra Modi, has approved revision of pension of Armed Forces Pensioners/family pensioners under One Rank One Pension (OROP) w.e.f. July 01, 2019. Pension of the past pensioners would be re-fixed on the basis of average of minimum and maximum pension of Defence Forces retirees of calendar year 2018 in the same rank with the same length of service.

Beneficiaries

The Armed Forces Personnel retired up to June 30, 2019 {excluding pre-mature (PMR) retired w.e.f. July 01, 2014} will be covered under this revision. More than 25.13 lakh (including over 4.52 lakh new beneficiaries) Armed Forces Pensioners/family pensioners will be benefitted. Pension for those drawing above the average shall be protected. The benefit would also be extended to family pensioners, including war widows and disabled pensioners.

Arrears will be paid in four half-yearly instalments. However, all the family pensioners, including those in receipt of Special/Liberalised Family Pension and Gallantry Award Winners, shall be paid arrears in one instalment.

Expenditure

The estimated annual expenditure for the implementation of the revision has been calculated as approx. Rs 8,450 crore @31% Dearness Relief (DR). Arrears w.e.f. July 01, 2019 to December 31, 2021 have been calculated as over Rs 19,316 crore based on DR @ 17% for the period from July 01, 2019 to June 30, 2021 and @31% for the period from July 01, 2021 to December 31, 2021. Arrears w.e.f. July 01, 2019 to June 30, 2022 have been calculated as approx. Rs 23,638 crore as per the applicable dearness relief. This expenditure is over and above the ongoing expenditure on account of OROP.

Rank wise likely estimated increase (in rupees) in service pension under OROP w.e.f. July 01, 2019:

Background

The Government took a historic decision to implement OROP for the Defence Forces Personnel/family pensioners and issued policy letter on November 07, 2015 for revision of pension w.e.f.July 01, 2014. In the said policy letter, it was mentioned that in future, the pension would be re-fixed every 5 years. Approx. Rs 57,000 crore has been spent @Rs 7,123 crore per year in eight years in the implementation of OROP.

PIB

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Granting pay re-fixation to former Defence Forces personnel ex-servicemen re-employed in the Central Government Orgarnzations / Departments, are issued, taking into consideration the last pay drawn in Defence Forces at the time of retirement.

No.II/35/2019

Dated: 14/03/2020

The Cabinet Secretary,
Rashtrapati Bhavan,
New Delhi – 110004

Dear Sir,

Sub: Initial pay fixation of re-employed ex-servicemen who held posts below Commissioned Officer Rank in Defence Forces, retired before attaining the age of 55 years and have been appointed on re-employment basis in civilian posts in Railways etc., – reg.

Ref: (i) General Secretary / NFIR’s letter No. II/35/Part XIV dated 21/12/2017.
(ii) General Secretary/ NFIR’s letter No. II/35/Part XIV dated 29/01/2018 addressed to the Hon’ble Prime Minister of India.
(iii) PMO ID No. PMOPG/D /2018/0044515 dated 02/02/2018 addressed to the Secretary, DoP&T and copy to the Federation.
(iv) General Secretary, NFIR’s letter No.II/35/2018 dated 11/04/2018 addressed to the Secretary, DoP&T and Secretary, MoD.
(v) Ministry of Personnel Grievance and Pension (DoP&T) letter No. 6/2/2018 (PMOPG/D/ 2018/0044515) -Estt/ (Pay- II) dated 13th April, 2018 and letter No. 1305498/ 2018-Estt (Pay-II) dated 26th June,2018 addressed to GS /NFIR.(vi) NFIR’s letter No.II/35/2019 dated 05/11/2019 addresses to the Cabinet Secretary, Govt of India.

Central Government Employees Fixation of pay from pre revised grade pay

Federation invites kind attention to its letter dated 05/11/2019 wherein the undersigned, citing para 4.12 of the minutes of 47th meeting of National Council of JCM held on 13th April 2019 at Rail Bhavan, New Delhi, requested
to kindly intervene into the matter to see that orders granting pay re-fixation to former Defence Forces personnel ex-servicemen re-employed in the Central Government Organisations / Departments, are issued, taking into consideration the last pay drawn in Defence Forces at the time of retirement.

Also check: 7th Pay Commission MACP Pay fixation : How to fix Pay on MACP ?

NFIR has learnt that comments / views mainly from the Ministry of Defence, have been forwarded by the DoPT vide ID No.28(11)2019 / D(Res-1) dated 9th August 2019), however, further action seems to have not been taken for the matter to the Ministry of Finance (Dept of Exp) for clearance.

Read: 7th Pay Commission Pay Fixation : 7th CPC Pay Fixation with examples

NFIR, therefore, once again requests to kindly intervene for taking speedy action in order to render justice to the former Defence Forces Personnel re-employed in central Government organizations / Departments like Railways etc.

DA/As above

Yours sincerely,
(Dr.M.Rahavaiah)
General Secretary / NFIR

Source: NFIR

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RATION MONEY ALLOWANCE

As per the provisions of Govt. of India, Ministry of Defence letter No. 03(01)/2016/D(QS) dt. 31st July 2017, provision of free ration for officers of Defence Forces was discontinued in peace areas. Ration Money Allowance will be admitted by PCDA(O) by Direct Benefit Transfer (DBT) through individual bank accounts. Amount of Ration Money will be remitted alongwith the salary and reflected in Pay Slip as “Ration Money Allowance”

SOP FOR CLAIMING RATION MONEY/ RATION ALLOWANCE :

(1) Ration Money will be admitted based on the Part-II order published by the units.

(2) Ration money will be admitted as per the monthly rate of Ration Money Allowance by Govt. from time to time.

(3) The casualty will be published in the Part- II notifying casualty POSIN (Posting in) and admissible from the date of TOS (Taken on strength of new unit)

(4) Ration money will continue to be admitted till receipt of Part-II order for ‘POSOUT’/’STPRMONY’

(5) Officer on Ty. Duty is not entitled to Ration Money, however, ration money paid during ty. duty period will be adjusted by ‘T’ wing while processing the claim for temporary duty.

(6) Copy of initial Part-II order for grant of Ration Money w.e.f. 01.07.2017 should be supported with a certificate for ‘Non-drawal of Ration Money in cash or kind beyond 01.07.2017 till the date of publication of Part-II order for GTDRMONY” for grant of Ration Money by this office.

Amendment to revised Documentation Procedure for publication of Part-II Orders (Officers) for claiming Ration Money/Ration Allowance is as follows :

1. Ration Money Allowance (in peace)

A new code is to be generated for Ration Money Allowance to officers posted in peace area and the same is to be published on POSIN/POSOUT, as the case may be.

Sr. No. Occurrence Code
3.107(a) GTDRMONY
3.107(b) STPRMONY

A certificate to the effect is also be enclosed with the DO Part II orders:

a. Certified that the conditions laid down in GoI, MoD letter No. 03(01)/2016/D(QS) dated 31/07/2017 have been fulfilled.

ii. The officer is posted to peace station i.e………………. (name of the station)

iii. No free messing/ration in kind was provided for the period.

iv. The officer has not claimed, paid Daily Messing Allowance for the period for which Ration Money Allowance is claimed.

Source: https://pcdaopune.gov.in

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No. 11/35/2018

Dated: 11/04/2018

The Secretary,
Department of Personnel & Training,
North Block,
Central Secretariat,
New Delhi-110001

Dear Sir,

Sub: Initial pay fixation of re-employed ex-servicemen who held posts below Commissioned Officer Rank in Defence Forces, retired before attaining the age of 55 years and have been appointed on re-employment basis in civilian posts in Railways etc – reg.

Ref: (i) General Secretary/NFIR’s letter No. I1/35/Part XIV dated 29/01/2018 addressed to the Hon’ble Prime Minister of India.
(ii) PMO ID No. PMOPG/D/2018/0044515 dated 02/02/2018 addressed to the Secretary, DoP&T and copy to the Federation.

The Federation desires to invite kind attention of the DoP&T to the reference made by the General Secretary, NFIR vide letter No. II/35/Part XIV dated 29/01/2018 (addressed to the Hon’ble Prime Minister) on the subject matter, the same has however, been forwarded by the PMO vide ID No. PMOPG/D/2018/0044515 dated 02/02/2018 for taking further action and conveying the outcome to the Federation.

In this connection, Federation once again brings to the notice of the DoP&T that injustice is being meted out to the former Defence Forces Personnel (PBORs), reemployed in Railways and other Central services on account of the fact that the pay drawn by them at the time of retirement from Defence Forces (prior to attaining 55 years age) has not been protected on their re-employment, while those retired Defence Forces Personnel on re-employment in the Public Sector Undertakings (PSUs) of Central/State Governments have been granted the benefit of pay fixation on the last pay drawn at the time of retirement from Armed Forces. The discrimination has resulted disappointment and frustration among the reemployed retired Armed Forces Personnel in Railways and Central Civil Services.

This subject was dealt by the National Federation of Indian Railwaymen (NFIR), at the level of Railway Ministry in the negotiating fora of PNM, demanding pay re-fixation in favour of re-employed Defence Forces Personnel on the basis of last pay drawn more particularly those who have been re-employed on and after 01/01/2006. On a reference made by Railway Ministry vide O.M. No. E(G)2013/EM 1-5 dated 07/12/2016, the DoP&T had however not agreed for reckoning last pay drawn for pay re-fixation on re-employment in railways. The Federation encloses a copy of Railway Ministry OM dated 07/12/2016 to the DoP&T and reply thereon received from DoP&T vide OM dated 21/02/2017.

Federation also states that DoP&T vide OM dated 18th Oct 2017 called for suggestions for finding single methodology for pay re-fixation of all the ex-servicemen including PBORs, commissioned officers, ex-competent clerks/storemen, NFIR vide letter of even no. dated 21/12/2017 has submitted valid suggestions to the Secretary, Ministry of Defence, Dept of Ex-Servicemen, Welfare, South Block, New Delhi, as follows:-

(a) Considering the crucial role of Defence Forces Personnel in safeguarding the Nation’s borders, they be given pay fixation on the basis of their last pay drawn on re-employment in the Railways and other Central Government Departments.

(b) Their pension needs to be totally ignored as the pension is the social security net provided in recognition to their loyal services to the nation.

(c) The PBORs are not the Personnel of high rankings with higher wages, therefore their case needs to be considered with sympathy and their last pay drawn at the time of retirement from armed forces, to be treated as entry pay on re-employment in Railways and Central Government Departments.

(d) Alternatively, the number of years service rendered by the PBORs in Armed Forces be taken into account for granting pay fixation duly adding the quantum of equal number of increments to the minimum pay of the re-employed post. This may be made applicable to all PBORs who have joined Central Government Departments after 01/01/2006.

(e) In those cases of PBORs retired before attaining the age of 55 years and got re-employment in Government services, their initial pay on re-employment may be fixed at the minimum of the scale of pay prescribed for the post and after fixing the pay, in case the initial pay so fixed, is found to be less than the last pay drawn in the Armed Forces, all such cases may be treated as “cases of undue hardship” and in those cases, their pay may be re-fixed at higher stage duly granting one increment for each year of service rendered in the Armed Forces in order to bring their initial pay at par with the pre-retirement pay, while their pension already drawn be continued un-altered.

NFIR, therefore, requests to kindly see that the above legitimate request of former Defence Forces Personnel is agreed to and orders issued soon. Federation also requests to kindly communicate the action taken in the matter early.

DA/As above

Yours sincerely,
S/d,
(Dr. M. Raghavaiah)
General Secretary

Source: NFIR

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No. II/35/Part XIV

Dated: 21/12/2017

The Secretary,
Ministry of Defence,
Department of Ex-Servicemen Welfare,
[D(Res-I)],
South Block,
New Delhi

Dear Sir,

Sub: Initial pay fixation of re-employed ex-servicemen who held post below Commissioned Officer Rank in Defence Forces, retired before attaining the age of 55 years and have been appointed on re-employment basis in civilian posts in Railways etc., – reg.

Ref: DoP&T OM F.No. 3/3/2016-Estt. (Pay-II) dated 18th October, 2017.

The Defence Forces Personnel (PBORs) have been put to grave injustice as their last pay drawn at the time of retirement from Defence Forces has not been protected on their re-employment in the Central Government Departments (Railways etc.,).

However, such of those Defence Forces Personnel retired from the Defence Forces and got re-employed in the Public Sector undertakings in the country have the benefit of pay fixation on last pay drawn at the time of their retirement from the Armed Forces. This reveals that the Force Personnel re-employed in the Railways and other Central Government Departments have been discriminated against.

The National Federation of Indian Railwaymen (NFIR), a premier Federation of Railway’employees had taken up the subject matter at the level of Railway Ministry in one of the PNM meetings, demanding pay re-fixation in favour of re-employed Defence Forces Personnel on the basis of last pay drawn particularly those who were re-employed on and after 01/01/2006. Conceding the Federation’s demand, the Railway Ministry vide OM No. E(G)2013/EM 1-5 dated 07/12/2016 had sent proposal to the DoP&T, but however, the same was turned down. In this connection, Federation encloses a copy of Railway Ministry OM dated 07/12/2016 addressed to DoP&T together with the reply received from DoP&T vide OM No. 1213833/2016-Estt. (Pay-II) dated 21St February 2017.

The NFIR has now learnt that the DoP&T vide OM F.No. 3/3/2016-Estt. (Pay-II) dated 18th October, 2017 has sent proposal to the Department of Ex-Servicemen Welfare, (Sena Bhawan) South Block, New Delhi, suggesting that single methodology for pay fixation of all the re-employed pensioners including the PBORs, Commissioned Officers, Ex-Combatant Clerks/Storeman etc., needs to be evolved, superseding the previous instructions contained in DoP&T OM dated 31st July 1986. The Department of Ex-Servicemen Welfare, is consulting the re-employed Defence Forces Personnel for eliciting their views before sending its views to DoP&T for its consideration.

NFIR now suggests to the Ministry of Defence to consider, the following valid points for taking up the matter with the DoP&T:

(a) Considering the role of Defence Forces Personnel for safeguarding the Nation’s integration, these personnel deserve to be given pay fixation on the basis of their last pay drawn on re-employment in the Railways and other Central Government Departments.

(b) Their pension needs to be totally ignored as the pension is the social security net in recognition to their loyal services to the nation.

(c) The PBORs are not the Personnel of high rankings with higher wages, therefore their case needs to be considered with greater sympathy and for the said reason their last pay drawn at the time of retirement needs to be treated as entry pay on re-employment in Railways and Central Government Departments.

(d) Alternatively, the number of years service rendered by the PBORs in Armed Forces be taken into account for granting pay fixation duly adding equal number of increments to the minimum pay of the re-employed post. This can be made applicable to all PBORs who have joined Central Government Departments after 01/01/2006.

(e) It is also proposed that in those cases of PBORs retired before attaining the age of 55 years and got re-employed in Government services, their initial pay on re-employment may be fixed at the minimum of the scale of pay prescribed for the post and after fixing the pay, in case the initial pay so fixed, is found to be less than the last pay drawn in the Armed Forces, all such cases may be treated as “cases of undue hardship” and in those cases, their pay may be re-fixed at higher stage duly granting one increment for each year of service rendered in the Armed Forces so as to bring their initial pay at par with the pre-retirement pay. However, the pension already drawn by these. Personnel need not be meddled with.

NFIR trusts that the above suggestions may kindly be considered for inclusion in the proposal to be sent to the DoP&T. We shall be grateful if copy of the proposal sent to DoP&T is made available to the Federation to enable us to follow up the matter.

DA/As above

Yours faithfully,

S/d,
(Dr. M. Raghavaiah)
General Secretary

Government of India
Ministry of Railways
(Railway Board)

No. E(G) 2013/EM 1-5

New Delhi, dated 21 March, 2017

The General Secretary,
National Federation of Indian Railwaymen,
3, Chelmsford Road,
New Delhi.

Sir,

Sub: Initial pay fixation of re-employed ex-servicemen who held post below Commissioned Officer rank in Defence Forces, retired before attaining the age of 55 years and have been appointed on re-employment basis in civilian posts Regarding.

The undersigned is directed to refer to NFIR’s letter No.11/3 5/Part dated 23.11.2016 on the above subject and to state that with the reference to Board’s letter of even number dated 7/12/2016 addressed to DOP&T pursuant to the discussion in the separate meeting on the issue held on 27/9/2016, DOP&T vide their OM No.1213833/2016-Estt(Pay-11) dated 21/2/2017(copy enclosed) have clarified that the pay of non-commissioned ex-servicemen(PBOR) who retire from the Defence Forces before attaining the age of 55 years is to be fixed as per the entry pay in the revised pay structure of the re-employed post applicable in the Direct Recruits appointed on or after 1.1.2006 without any protection of last pay drawn, in accordance with prevailing guidelines vide para 4 of OM dated 31.07.1986 as amended vide OM dated 05.04.2010 which provide for methodology of pay fixation on re-employment.

DA: As above.

Yours faithfully,

S/d,

for Secretary

Railway Board

Dy. No. 1213833/2016-Estt.(Pay -II)

Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel and Training

North Block, New Delhi
Dated: 21 february, 2017

OFFICE MEMORANDUM

Subject: Initial pay fixation of re-employed ex-servicemen who held post below Commissioned Officer rank in Defence Forces, retired before attaining the age of 55 years and have been, appointed on re-employment basis in civilian posts – reg:

Ref: . Railway Board, Ministry-of Railways OM No. E(G)2013/EMI-5 dated 07.12.2016

The undersigned is directed to refer to Railway Board, Ministry of Railways’ OM dated 07.12.2016 on above cited subject.

2. It is informed that the pay of non-commissioned ex-servicemen. (PBOR) who retire from the Defence Forces before attaining the age of 55 years is to be fixed as per the entry -pay in the revised pay structure of the re-employed post applicable in the case of Direct Recruits appointed on or after 1.1.2006 without any protection of last pay drawn, in accordance with prevailing guidelines vide para 4 of OM dated 31.07.1986 as amended vide OM dated 05.04.2010 which provide for methodology of pay fixation on re-employment.

3. It is also advised that in case, clarification/interpretation of any of the rule position is required, the proposal may be referred to this Department in accordance with the procedure laid down in this Department’s OM No.43011/9/2014-Estt.(D) dated 28.10.2015.

4. This has the approval of Joint Secretary (CDT).

S/d,
(Pushpender Kumar)
Under Secretary to the Government of India
Tel No.2304 0489

To

Shri S.Pal, joint Director Estt.(Genl.)
Ministry of Railways,
Railway Board,
Rail Bhavan,
New Delhi

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
( RAILWAY BOARD )

No.E(G)2013/EM 1-5

New Delhi, dated 7/12/2016

OFFICE MEMORANDUM

Sub: Initial pay fixation of re-employed ex-servicemen who held post below Commissioned Officer rank in Defence Forces, retired before attaining the age of 55 years and have been appointed on re-employment basis in civilian posts – Regarding.

The undersigned is directed to refer to a demand by the National Federation of Indian Railwaymen (NFIR), a recognised Federation of Railwaymen, who have requested that the initial pay of non-commissioned ex-servicemen (PBOR) who are re-employed on the Railways should be fixed by taking into account the service rendered by them in the Defence Forces. They are insisting that the fixation done in the minimum of the scale of the re-employed post should be according to the procedure laid down in para 4 (b) (ii) of DOP&T’s OM s dated 31/7/86 as amended vide OM dated 11th November 2008, 5th April 2010 & 8th November, 2010. The Federation states that the content of these OMs clearly states that the Pay of re-employed former Defence Forces Personnel should be fixed as per Rule 7 of CCS (RP) Rules 2008 i.e. at the same stage of their last basic pay drawn at the time of retirement i.e. allowing one increment (in the post held at the time of retirement) for each year of service the ex-servicemen has rendered at the time of retirement with the proviso that the pay thus fixed does not exceed:

(a) the pay drawn prior to retirement for non-commissioned officer of all three forces like Army, Navy and Air Force (Sub para 2 (ix) of Para 3 & Para 4 (b) (ii) of OM dated 31st July 1986 are relevant).

(b) Para 5 of DoP&T’s OM No. 3/13/2008-Estt.(Pay-II) dated 11th November, 2008 stipulated enhancement of existing ceiling of Rs. 26000/- for drawal of pay plus gross pension on re-employment to Rs. 80,000/- p.m.

2. However, their attention was drawn to the provisions in DOP&T’s OM No.3/1/85-Estt.(pay-II) dated 31st July 1986 and OM NO. 3/19/2009-Estt.(Pay-II) dated 5th April 2010, governing initial pay fixation, inter alia, of re-employed ex-servicemen who held post below Commissioned Officer-rank in Defence Forces and retired before attaining the age of 55 year and have been appointed on re-employment basis in the Railways. As per these orders, the initial pay of such re-employed pensioners is to be fixed in terms of provisions of Central Civil Services (Fixation of Pay of Re-employed Pensioners) Orders, 1986 issued by Department of Personnel and Training vide OM No. 3/1/85-Estt.(Pay-II) dated 31/7/1986 as amended from time to time.

3. It is to be seen that revised provision contained in Para 2 of OM dated 5th April 2010 revising the contents of Para 4(d)(i) of CCS (Fixation of Pay of Re-employed Pensioners) Orders, 1986 provides that in case of ex-servicemen who held post below Commissioned Officer rank in the Defence Forces and in the case of civilians who held posts below Group ‘A’ posts at the time of their retirement before 55 years of age, the entire pension and pension equivalent of retirement benefits shall be ignored, i.e. no deduction on this count is to be made from the initial pay fixed on re-employment. Also, in terms of the Para 4(a) and Para 4(b)(i) of CCS (Fixation of Pay of Re-employed Pensioners) Orders, 1986, as amended vide DOP&T’s OM No. 3/19/2009-Estt.(Pay.II) dated 5/4/2010, the initial pay on re-employment of such pensioners shall be fixed as per the entry pay in the revised pay structure of the re-employed post applicable in the case of Direct Recruits appointed on or after 1/1/2006 as notified vide Section II, Part A of First Schedule to CCS(Revised Pay) Rules, 2008. As is explicit, these instructions do not provide for protection of last pay drawn before retirement, in such cases. Therefore, the fixation of pay of re-employed ex-servicemen is being done accordingly on the Railways.

4. However, the Federation does not agree with the above contention and desires that the pay of ex-Defence Forces personnel re-employed in Railways should be fixed in accordance with the clarification issued vide DoP&T’s OM dated 5th April, 2010 in Para 3 (iv) & (v) which contain clarifications duly stating that the pay of the ex-servicemen, re-employed in the Central Government Organizations will be fixed in accordance with the provision contained in DoP&T’s OM No. 3/13/2008-Estt.(pay-II) dated 11/11/2008 after exercising option in the manner laid down in Rule 6 of CCS (RP) Rules, 2008 and the fixation of pay is to be regulated in accordance with the provisions of Rule 7 of CCS (RP) Rules 2008.

The Federation has further pointed out that the initial pay of a re-employed military pensioner and a direct recruit cannot be the same in view of the fact that the pay of the re-employed Defence Forces Pensioner is to be done as per the provisions of Rule 7 of CCS (RP) Rules, 2008 as mentioned in the DoP&T’s OM dated 11/11/2008 and not under Rule 8 of CCS (RP) Rules, 2008 applicable to direct recruits – the two entrants being independent and have no co-relation with each other.

5. After protracted correspondence and discussion of the issue between NFIR and the concerned of this Ministry, as NFIR are still not convinced with the official stand on this issue and insisting on implementation of Para 3 (iv) and (v) of DoP&T’s O.M. Dated 5/4/2010. Hence, it was decided to refer the matter to DOPT for clarification.

6. In the light of the position as brought out above, DOP&T are requested to clarify specifically as to whether the contention of NFIR that – the pay of non – commissioned ex-servicemen (PBOR) who retire from the Defence Forces before attaining the age of 55 years, and are subsequently re-employed on the Railways should be fixed by taking into account the service rendered by them and last pay drawn in the Defence Forces, is in order, or the procedure being followed on the Railways i.e. fixing the pay of such re-employed ex-servicemen as per the entry pay in the revised pay structure of the re-employed post applicable in the case of Direct Recruits appointed on or after 1/1/2006, without any pay protection is correct.

7. An early reply in the matter is solicited.

S/d,
(S. Pal)
Jt. Dir. Estt. (Genl.)

Shri A.K. Jain,
Deputy Secretary (Pay),
Ministry of Personnel, Public Grievances and Pensions,
Department of Personnel and Training,
North Block,
New Delhi.

Source : NFIR

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Union of India and Ors. – Appellant(s)
Vs.
Balbir Singh Turn & Anr. – Respondent(s)

Deepak Gupta, J.

1. Applications for condonation of delay in filing and refiling the appeals are allowed.

2. This bunch of appeals is being disposed of by a common judgment since similar questions of law are involved.

3. The 6th Central Pay Commission was set up by the Government of India to make recommendations in matters relating to emoluments, allowances and conditions of service amongst other things. The Pay Commission also made recommendation with regard to armed forces personnel. On 30th August,2008, the Central Government resolved by a resolution of that date to accept the recommendation of the 6th Central Pay Commission (CPC for short) with regard to the personnel Below officer Rank (PBOR) subject to certain modifications clause (i) of the Resolution reads as follows:

“(i) Implementation of the revised pay structure of pay bands and grade pay, as well as pension, with effect from 01.01.2006 and revised rates of allowances (except Dearness Allowance/Relief) with effect from 01.09.2008”.

clause 9 of the Resolution reads as follows:-

“(ix) Grant of 3 ACP up-gradation after 8,16 and 24 years of service of PBORs;”

4. Under the recommendations made by the 5th CPC there was a provision for Assured Career Progression (ACP). Vide this scheme, if an employee was not promoted he was entitled to get the next higher scale of pay after completion of 12/24 years of service. The 6th CPC recommended the grant of benefit of ACP after 10 and 20 years of service. The Union of India, however decided to grant 3 ACP upgradations, after 8, 16 and 24 years of service to PBORs, as per Clause (ix) extracted above. However, it would be pertinent to mention that the 6th CPC did away with the concept of pay scales and reduced the large number of pay scales into 4 pay bands and within the pay bands there was a separate grade pay attached to a post.

5. For the purpose of this judgment we are dealing with the facts of civil appeal diary No.3744 of 2016. It would be pertinent to mention that all the petitioners before the Armed Forces Tribunal (AFT for short) who are respondents before us are persons below officer rank. The respondents in this case retired after 01.01.2006 but prior to 31.08.2008. They claim that the benefit of the Modified Assured Career progression (MACP for short) was denied to them on the ground that the MACP was made applicable only with effect from 01.09.2008. The respondents approached the AFT praying that they are entitled to the benefit of MACP w.e.f 01.01.2006, i.e., the date from which the recommendation of the 6th CPC with regard to pay and benefits were made applicable. The stand of the Union of India was that the MACP was applicable only w.e.f. 01.09.2008 and, therefore, the respondents who had retired prior to the said date were not entitled to the benefit of the MACP. The AFT vide the impugned order dated 21.05.2014 held that the benefit of ACP granted to an employee is part of the pay structure which not only affects his pay but also his pension and, therefore, held that the ACP is not an allowance but a part of pay and, therefore, in terms of Clause (i) of the Government Resolution the MACP was payable w.e.f. 01.01.2006.

6. The question that arises for decision is whether the benefit of MACP is applicable from 01.01.2006 or from 01.09.2008.

7. The answer to this question will lie in the interpretation given to the Government Resolution, relevant portion of which has been quoted here in above. A bare perusal of Clause(i) of the Resolution clearly indicates that the Central Government decided to implement the revised pay structure of pay bands and grade pay, as well as pension with effect from 01.01.2006. The second part of the Clause lays down that all allowances except the Dearness Allowance/relief will be effective from 01.09.2008. The AFT held, and in our opinion rightly so, that the benefit of MACP is part of the pay structure and will affect the grade pay of the employees and, therefore, it cannot be said that it is a part of allowances. The benefit of MACP if given to the respondents would affect their pension also.

8. We may also point out that along with this Resolution there is Annexure-I. Part-A of Annexure-I deals with the pay structure, grade pay, pay bands etc., and Item 10 reads as follows :

Part-B of Annexure-I deals with allowances, concessions & benefits and Conditions of Service of Defence Forces Personnel. It is apparent that the Government itself by placing MACP in Part-A of Annexure-I was considering it to be the part of the pay structure.

9. The MACP Scheme was initially notified vide Special Army Instructions dated 11.10.2008. The Scheme was called the Modified Assured Career Progression Scheme for Personnel Below Officer Rank in the Indian Army. After the Resolution was passed by the Central Government on 30.08.2008 Special Army Instructions were issued on 11.10.2008 dealing with revision of pay structure. As far as ACP is concerned Para 15 of the said letter reads as follows:

“15. Assured Career Progression. In pursuance with the Government Resolution of Assured Career Progression (ACP), a directly recruited PBOR as a Sepoy, Havildar or JCO will be entitled to minimum three financial upgradations after 8, 16 and 24 years of service. At the time of each financial upgradation under ACP, the PBOR would get an additional increment and next higher grade pay in hierarchy.

Thereafter, another letter was issued by the Adjutant General Branch on 03.08.2009. Relevant portion of which reads as follows:-

“…….The new ACP (3 ACP at 8, 16 and 24 years of service) should be applicable w.e.f. 1 Jan 2006, and the old provns (operative w.e.f. the Vth Pay Commission) would be applicable till 31 Dec. 05. Regular service for the purpose of ACP shall commence from the date of joining of a post in direct entry grade.

Finally, on 30.05.2011 another letter was issued by the Ministry of Defence, relevant portion of which reads as follows:-

“5. The Scheme would be operational w.e.f. 1st Sep. 2008. In other words, financial up-gradations as per the provisions of the, earlier ACP scheme (of August 2003) would be granted till 31.08.2008.”

Therefore, even as per the understanding of the Army and other authorities up till the issuance of the letter dated 30.05.2011 the benefit of MACP was available from 01.01.2006.

10. As already held by us above, there can be no dispute that grant of ACP is part of the pay structure. It affects the pay of the employee and he gets a higher grade pay even though it may be in the same pay band. It has been strenuously urged by Col. R. Balasubramanian, learned counsel for the UOI that the Government took the decision to make the Scheme applicable from 01.09.2008 because many employees would have lost out in case the MACP was made applicable from 01.01.2006 and they would have had to refund the excess amount, if any, paid to them. His argument is that under the old Scheme if somebody got the benefit of the ACP he was put in the higher scale of pay. After merger of pay scales into pay bands an employee is only entitled to higher grade pay which may be lower than the next pay band. Therefore, there may be many employees who may suffer.

11. We are only concerned with the interpretation of the Resolution of the Government which clearly states that the recommendations of 6th CPC as modified and accepted by the Central Government in so far as they relate to pay structure, pay scales, grade pay etc. will apply from 01.01.2006. There may be some gainers and some losers but the intention of the Government was clear that this Scheme which is part of the pay structure would apply from 01.01.2006. We may also point out that the Resolution dated 30.08.2008 whereby the recommendation of the Pay Commission has been accepted with modifications and recommendations with regard to pay structure, pay scales, grade pay etc. have been made applicable from 01.01.2006. This is a decision of the Cabinet.

This decision could not have been modified by issuing executive instruction. The letter dated 30.05.2011 flies in the face of the Cabinet decision reflected in the Resolution dated 30.08.2008. Thus, administrative instruction dated 30.05.2011 is totally ultra vires the Resolution of the Government.

12. Col. R. Balasubramanian, learned counsel for the UOI relied upon the following three judgments viz. P.K. Gopinathan Nair & Ors. v. Union of India and Ors. 1 , passed by the High Court of Kerala on 22.03.2017, Delhi Urban Shelter Improvement Board v. Shashi Malik & Ors.2, passed by the High Court of Delhi on 01.09.2016, K.K. Anandan & Ors. v. The Principal Accountant General Kerala (Audit) & Ors3 passed by the Central Administrative Tribunal, Ernakulam Bench, Kerala on 08.02.2013. In our view, none of these judgments is applicable because the issue whether the MACP is part of the pay structure or allowances were not considered in any of these cases.

13. In this view of the matter we find no merit in the appeals, which are accordingly disposed of. All pending applications are also disposed of.

…………………………..J.
(Madan B. Lokur)

……………………………J.
(Deepak Gupta)

New Delhi
December 08, 2017

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Presently, women are recruited in Indian Army as Officers through Short Service Commission (SSC) on all India merit basis along with men candidates.  Women Officers are inducted in Army Service Corps, Army Ordnance Corps, Army Education Corps, Judge Advocate General Branch including Engineers, Signals, Intelligence and Electrical & Mechanical Engineering branches.  In addition, they are also commissioned in Medical Branch Army Medical Corps (AMC), Army Dental Corps (ADC) and Military Nursing Service (MNS).  Further, Women Officers are eligible for grant of Permanent Commission in Judge Advocate General (JAG) Department and in Army Education Corps (AEC) of Army.

The IAF has pioneered the entry of women as officers in flying and ground duty.

In Indian Navy, women officers are inducted through Short Service Commission, in Logistics, Law, Observers, Air Traffic Control (ATC), Pilots (Maritime Reconnaissance Stream), Naval Armament Inspectorate cadre (NAIC), Naval Architecture and Education Branch.

The details of women officers in Army (excluding Medical, Dental & Nursing Branch), in Indian Air Force (excluding Medical and Dental Branch) and in Indian Navy recruited during the last three years, Service-wise, are as under:-

The percentage of women officers in the three services of armed forces are as under:-

 In 2011, the Government approved consideration of women Short Service Commission Officers (SSCOs) for grant of permanent commission along with men SSCOs in specific branches in the three services viz. Judge Advocate General (JAG), and Army Education Corps (AEC) of the Army and their corresponding branches in Navy and Air Force, Naval Constructor in Navy and Accounts Branch in Air Force.

 In March 2016, approval has been accorded for induction of women Short Service Commission (SSC) officers as Pilots in Maritime Reconnaissance (MR) stream and in the Naval Armament Inspectorate (NAI) cadre.  The inductions are planned commencing from mid 2017.

 In the Indian Air Force since 1993, women officers have been inducted in all branches and stream as Short Service Commissioned Officers except in the fighter stream.  However, IAF has revised Short Service Commission scheme to induct women into the fighter stream on experimental basis for five years.  The first batch of three women officers was commissioned in the fighter stream on June 18, 2016.

 In addition, steps like increasing tenure of women officers and improving promotional prospects in Army have been taken to increase participation of women in the Army.

 This information was given by Minister of state for Defence Dr. Subhash Bhamre in a written reply to Shri Harish Chandra alias Harish Dwivedi in Lok Sabha today.

 Source : PIB

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GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD

No.E(G) 2013/EM 1-5

New Delhi, dated 21st March, 2017

The General Secretary
National Federation of Indian Railwaymen
3, Chelmsford Road
New Delhi.

Sir,

Sub: Initial Pay Fixation of re-employed ex-servicemen who held post below Commissioned Officer rank in Defence Forces, retired before attaining the age of 55 years and have been appointed on re-employment basis in civilian posts – regarding.

The undersigned is directed to refer to NFIR’s letter No.II/35/Part XIII dated 23.11.2016 on the above subject and to state that with the reference to Board’s letter of even number dated 7-12-2016 addressed to DOP&T pursuant to the discussion in the separate meeting on the issue held on 27-09-2016, DOP&T vide their OM No.1213833/2016-Estt(Pay-II) dated 21/2/2017 (copy enclosed) have clarified that the pay of non-commissioned ex-servicemen (PBOR) who retire from the Defence Forces before attaining the age of 55 years is to be fixed as per the entry pay in the revised pay structure of the re-employed post applicable in the Direct Recruits appointed on or after 1.1.2006 without any protection of last pay drawn, in accordance with prevailing guidelines vide para 4 of OM dated 31.07.1986 as amended vide OM dated 05.04.2010 which provide for methodology of pay fixation on re-employment.

Yours faithfully,
for Secretary/Railway Board

DA:As above.

Signed Copy

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GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD
No.E(G)2013/EM 1-5

New Delhi, dated 16/01/2017

The General Secretary,
N.F.I.R.,
3, Chelmsford Road,
New Delhi – 110055.

Dear Sir,

Sub:  Applicability of Railway Services (Revised Pay) Rules, 2008 for persons re-employed in Railway service after retirement from Defence Forces – reg.

The undersigned is directed to refer to NFIR’s letter-(No.II/35/Pt. XIII dated 23/11/2016 on the above subject and to state that as decided in the meeting with representatives of NFIR in the meeting held in ED/IR’s room on 27/9/2016, reference has been made to DOP&T for seeking clarification, duly incorporating the-views of NFIR (copy enclosed). Their reply in the matter is awaited despite a reminder dated 4/1/2017.

Instructions have also been issued to GMs/Zonal Railways, Production Units etc. vide letter [No. E(G)/2013/EM 1-5 dated 15/12/2016] (copy enclosed) for strictly complying with the instructions contained in Board’s  letter No. E(G)2013/EM 1-4 dated 24/7/2013 regarding treatment of Military Service Pay (MSP) while fixing the pay of ex-servicemen re-employed on the Railways.

DA: As above

Yours faithfully,
sd/-
for Secretary Railway Board

Source: NFIR

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