Dear JCOs, NCOs, OR and Family Pensioners,
You must know why you are getting pittance of pension arrears from Jan 2006 to 30 Jun 2012 thanks to Circular 547.
I will illustrate how Min of Def worked out pensions as on Jan 2006 and show you why very little increase in your pensions in Cirucular 547. The pension arrears as far as the Min of Def is concerned is only the difference in figures in Circular 547 and Circular 379 as on Jan 2006.
If Sepoy A of Group Y with 15 years’ service and basic pay of Rs 4,300 which is maximum in the pay scale of Rs 3250 – 70 – 4300 in 5th CPC scales of pay moves to Jan 2006 into 6th CPC scales of pay, he gets pay of Rs 12,000 (pay in pay band of Rs 8000 plus grade pay of Rs 2,000 and MSP of Rs 2,000) and if he retires in Jan 2006 he gets pension of Rs 6,000.
The hon’ble Supreme Court has ruled in Maj Gen SPS Vains Vs UOI that benefit given to current pensioners (post – 2006) has to be given to past pensioners (Pre – 2006 like you and me who retired before Jan 2006). This clearly indicates any Sepoy of Y gp with 15 years services should get Rs 6,000 as pension. What did Govt of India give it to Sepoy of that service in Circular 547?
The accountants in PCDA (Pensions) Allahabad treated Sepoy of Group Y with 15 years’ service as if he has not put in even one year service and treated his notional pay at Rs 10250 corresponding to pre – 2006 basic pay of Rs 3250. Can there more irrationality than this. Even if the Sepoy with 15 years will be treated as if his service is zero as on Jan 2006 and they justify it saying this is minimum of fitment table of SAI 1/S/2008.
Then they till you tell this notional pay is also to be given only if Sepoy serves for 33 years when they know Sepoys are forced to retire at 15 years’ service (extended to 17 years now). So the pension of a Sepoy of 15 years of Group Y is fixed at Rs 3883 (=5120+(15+10)/33).
Can there be more illogical interpretation as to why pensions of Sepoys, Naiks and Havildars is fixed so low?
The pay scale for pay band – 1 is Rs 5,200 – 22,000 with grade pay of Rs 2,000 and MSP of 2,000.In fact they should have considered length of service of Sepoy i.e. 15 years and taken his notional basic pay as Rs 5,200 + 3% increment for every year which comes to Rs 12,000 as shown in the SAI 1/S/2008.
So both Sepoys of Group Y with 15 years’ service should have been fixed pension of Rs 6,000 pm whether one retired post – 2006 or pre – 2006.
We have good news. The rule of 33 years which did so much damage from 1973 to Sepoys to Havildars is gone even for pre – 2006 retirees.
Mr MO Inasu, an Ex-Serviceman after his retirement was re-employed in Central Govt and retired as Dy Office Supdt in Kerala. He challenged rule of 33 years for pre – 2006 pensioners in CAT, Ernakulam. Though CAT Ernakulam dismissed his case, he went to hon’ble Kerala High Court who found judgment of CAT Ernakulam is not legally sustainable. CAT Ernakulam on directions of hon’ble High Court of Kerala upheld plea of Shri MO Inasu and directed Govt of India to remove rule of 33 years to pre- 2006 as was done for post – 2006 pensioners as per the judgment of hon’ble Supreme Court in Maj Gen SPS Vains Vs UOI 2008.
There after Govt of India went on appeal in hon’ble Supreme Court against judgment of CAT Ernakulam. The hon’ble Supreme Court were pleased to dismiss the appeal of Govt of India. Therefore Govt of India has now no option but to remove the rule of 33 years for pension fixation to all pre – 2006 Central Govt pensioners. Ministry of Personnel, Pensions and Public Grievances is in advanced stage of issuing the Govt letter removing 33 year rule.
What is the implication on pensions of all ranks from Sepoy to Lt Gen?
Anyone who cannot serve for 33 years with rank weightage to get full pension (half of last pay drawn) will now get full pension on completion of pensionable service i.e. 15 years for Sepoys and 20 years for Officers.
How much a Sepoy of Group Y with 15 years will will get as pension?. It is what post – 2006 Sepoy of same length of service and same groups gets as on Jan 2006 i.e.Rs 6,000.
Then what are the arrears? It is again very simple. Rs 6,000 (what you should get) – Rs 3883 ( as per Circular 547). i.e. Rs 2,117 pm +DR.
What will Govt of India do?
It will avoid paying you arrears from Jan 2006 to say Dec 2015 (by the time the Min of PPP & PG issues letter after getting concurrence of Min of Fin) and will in their letter say that no arears will be paid. The pension of all ranks as on Jan 2006 shall be reworked out by respective ministries. That means you will get no arrears. Govt of India advised by low level babus will not give you even one Rupee.
Is this stand of Govt of India Correct?
It is totally incorrect. When judgment of hon’ble Supreme Court in Maj Gen SPS Vains Vs UOI is there to treat pre – 2006 pensioners at par with post – 2006 pensioners then how can pensions of pre – 2006 pensioners be fixed pensions wrongly as on Jan 2006 depriving you of your correct pension.
The other stand of Govt of India is pension as on Jan 2006 shall be re-fixed based on the judgment of hon’ble Supreme Court of India and arrears shall be paid only w.e.f 2015 when hon’ble Supreme Court dismissed the appeal of Govt of India. Then arrears will be hardly any.
Then what is the stand of TSEWA (Tri Services Ex-Servicemen Welfare Association)? We stand by you and demand arrears shall be paid from Jan 2006. For this if you join TSEWA, then we will file the case in AFT Delhi the moment we get sizeable number of JCOs, NCOs, OR and family pensioners. If you are getting Rs 12,000 or even less as pension arrears with Circular 547 for Rs 383 pm then what will be your arrears when it is Rs 2,117+DR per month. More numbers less cost per head of legal expenses. TSEWA will go right upto hon’ble Supreme Court.
Think over and if you feel my argument is correct then send your willingness to join in this legal
battle to be fought by TSEWA. Pl contact me at csvidyasagar@gmail.com
Regards,
Brig CS Vidyasagar (Rtd)
President TSEWA
President TSEWA
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