Abolition of rank pay is violation of Article 18 of constitution. Abolition of Rank weight age wef 1/1/2006 in Qualifying Service for Pension is cascading effect of Rank Pay. Denial of Rank Weight age to to Pre 2006 is violation of terms & conditions of at time of retirement. The cascading effect on OROP will be reduced pension as it is now on actual service & not on Qualifying service.
RESPECTED SIR
1] KINDLY REFER MoD LETTER ON RANK PAY
NO: 34(10/2013/D (Pay/Services) DATED 24 JULY,2014. APPENDED BELOW.
2] Babus HAVE PLAYED A SERIOUS GAME WITH The FORCES & FOOLED serving & pensionets DEGRADED THE FORCES FURTHER.
RANK PAY HAS BEEN ABOLISHED BY BABUS IN MoD LETTER WITH JUST ASTROKE OF A PEN WITHOUT E
ANY LOGICAL THINKING OR VISION.
3] MOREOVER BABUS HAVE CHALLENGED THE POWERS OF ARTICLE 18 OF THE CONSTITUTION BY ABOLISHING THE RANK AS IT IS NULL AND VOID NOW
4] THERE IS NO RANK PAY wef1/1/2006
THE RANK IS A BASIC STRUCTURE OF THE FORCES BUT BABUS HAVE BROKEN THIS STRUCTURE WITH ONE STROKE OF PEN.
5] ABOLITION OF RANK PAY WILL FACE HAMMER IN THE ANTE SE SENIORITY ,WHICH WILL ADD TO FURTHER WOES OF DEGRADATION OF FORCES PLUS LOWER MORALE,
AS RANK PAY AMOUNT HAS THUS BEEN AUTO REDUCED IN HAND OF THE OFFICERS.
6] THE RANK REMAINS WITH THE OFFICER AND EVEN AFTER HIS DEATH AS PER ARTICLE 18 OF THE CONSTITUTION ,
THEN HOW CAN BABUS VIOLATE THE CONSTITUTION.
3] OUR SERVICE HQ CANNOT EVEN PIN POINT THIS SIMPLE LUCANA
[ THREE SERVICES HAVE SEPRATE PAY COMMISION UNDER MAJ GEN RANK & THUS HAVE NOT TAKEN UP THE CASE WITH MoD TO STOP DEGRADATION EVEN IN 6thCPC.]
4] BABUS HAVE COOLY ABOLISHED THE RANK PAY IN 7th CPC &
BY MENTIONIG THAT MSP HAS BEEN GIVEN IN LIEU .WHICH IS TOTALLY WRONG
A] MSP IS UNIFORM TO ALL DUE TO HARDSHIPS OVER AND ABOVE CIVILLIANS .
B] SECONDLY MSP IS NOT EFFECTIVE FROM 1/1/2006 THE DATE OF 6TH CPC is 1/1/2006
COMMENTS ON PARA 6 {C] OF MOD LETTER APPENDED BELOW
The financial benefit of MSP will be admissible from 01.09.2008
If MSP is replaced by Rank Pay then it should have formed part of Basic pay but the definition at Para 3 (h) of the SAI No. 2/S/2008 excludes MSP.
(i) MSP is not included in the calculations for increments because it is not part of Rank Pay.
(i) MSP is not reckoned for promotion because it is of a single rate for officers of the Armed Forces up to the rank of Brigadier.
(ii) Grant of Military Service Pay.The Commission has taken adequate care while devising the Military Service Pay to ensure that not only the element of edge over civilian pay scales currently enjoyed by the Defence Forces is maintained but also that the genuine aspirations of the Defence Forces officers are met
What the Para 3 (g) & (h) SAI No. 2/S/2008 states:
(iii) (1) “Military Service Pay (MSP)’ is as defined in the Entry at S No. 2.inAnnexure-2 Part-A of the Government of India Resolution No. 1(30)/2008/D(Pay/Services) dated 30.08.2008 published in the Gazette of India Extraordinary Part I Section II vide SRO 1(E) dated 30.08.2008 (hereinafter called Resolution). MSP will be treated as pay for all purposes except for computation of increments and determination of status. The financial benefit of MSP will be admissible from 01.09.2008. It will not count for fixation of pay at the time of promotionexcept in the case of promotion from Brigadier to Major General (emphasis supplied
(iv) MSP is not included in the calculations for increments because it is not part of Rank Pay.
The rank never retires, the officer does, the Army has issued instructions that aim to immortalize the rank.
The circular, issued on July 21 by the Army has informed all the officers, "the correct form of mentioning Retd is Brigadier ABC (Retd) not Brig (Retd) ABC".
The Army officers are entitled to retain their rank before their name by virtue of Article 18 of the Constitution, according to which the military ranks can be retained and used by the military personnel with their name.
rank earned remains even after death,, a unique respect... 1[ the army officer are commissioned officers & other are just officers 2] commission papers are given to officer signed by president , others do not get 3] rank entitles you to get salute ,, other officer do not get salute
each officer has parchment paper signed by president ,,others do not have 5] army officer identity cards is unique in its kind & is even entitles to president place 6] army officers are closet to president in national & international forum .. no other officer has that liberty & so on
HENCE MSP HAS NO LINK WITH RANK PAY AS PROJECTED BY BABUS,
AS PAY COMMISSION IS EFFECTIVE FROM 1/1/2006..AND
MSP From 1/9/2008 BOTH THE DATES ARE MILES APART.
C] RANK PAY REMOVAL wef1/1/2006 IS NOT ONLY UNJUSTIFIED BUT ALSO IS UNCONSTITUTIONAL
THE BABUS SHOULD BE TAKEN TO TASK FOR VOILATION OF ARTICLE 18 OF CONSTITUTION.
THUS MSP IS DIFFERENT THAN RANK PAY,
6] IT IS RECOMMENDED THAT
THE RANK PAY MULTIPLE 1.86/ 2.2 OF Vth CPC BE APPLIED AND SHOULD TO BE ADDED IN 6th CPC. WEF 1/01/2006.
KINDLY RE-FIX RANK PAY & DA OF 6th CPC & KINDLY PAY ALONG WITH INTEREST AT BAK RATE.
6] GRADE PAY ;THE QUESTION OF GRADE PAY HAS NO CONCERN WITH THIS AS IT IS ALSO BEING PAID TO CIV.
MOREOVER IT HAS NO LINK WITH RANK PAY AT ALL.
KINDLY NOTE NOW ARMY OFFICER ARE BEING PAID LOWER GRADE PAY, AND EVEN HAVE VIOLATED ACTUAL WARRANT OF PRECEDENCE. A VIOLATION TO ARTICLE OF CONSTITUTION. A SERIOUS MATTER OF CONCERN.
DIG WAS LOWER THAN Lt Col IN IVth CPC, BUT IN 6th CPC HE HAS BEEN PLACED IN GRADE PAY 8900 WHILE AS PER ACTUAL WARRANT OF PRECEDENCE IS JUNIOR TO A COLONEL.
Actual Warrant of Precedence
i] Actual Warrant of Precedence
33. Colonels / Accountants General / Chief Conservator of Forests / Chief Engineers / Inspectors General of Prisons / Members of IC
ii]Actual Warrant of Precedence
.. 37. DIG of Police
DIG POLICE IS JUNIOR TO COLONEL BUT IS GETTING
THUS COL/ BRIG HAVE BEEN DEGRADED FURTHER
PENSIONERS HAVE ALSO BEEN TAKEN FOR RIDE
7] NOW JOLT TO ALL PENSIONERS DUE TO ABOLITION OF RANK PAY FROM1/1/2006.
A] THE PENSION WILL BE REDUCED AS RANK WEIGTAGE HAS BEEN REMOVED FROM TOTAL QUALIFYING SERVICE
B] THE PENSION IS NOW BEING PAID ON THE ACTUALSERVICE ONLY
C] EVEN PRE 2006 PENSIONERS HAVE BEEN DENIED RANK WEIGHTAGE AS PER PCDA CIRCULAR NO:557 Which is against the terms & conditions at time of retirement.
D] OROP IS BEING PAID ON ACTUAL SERVICE AND NOT ON TOTAL SERVICE
TOTAL SERVICE = ACTUAL SERVICE + RANK WEIGHTAGE
EXTRACT OF PCDA CIRCULAR 557 IS APPENDED BELOW.
“PCDA Circular No 557 –
Implementation of One Rank One Pension – PCDA Clarification
....
Whether Qualifying Service (Q.S) is to be taken as actual or with weightage?
In Post-2006 retirees cases, weightage had been withdrawn from Qualifying Service.
Therefore, the qualifying service mentioned in OROP table is actual qualifying service only.
No weightage in qualifying service is to be allowed at all while extending the benefit of OROP in past cases.
For example, if actual Q.S. was ‘q’ years and weightage, if any, was ‘y’ years, the pension indicated in the concerned table for ‘q’ years only is to be paid to the pensioner.“
Note Reckonable emoluments consist of basic pay, Rank Pay, N.P.A. and stagnation increment if any.
WITH BEST WISHES & WARM REGARDS
COL LAMBA[ ONE MAN ARMY]
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Col lamba; you officers all jointly have to fight the war aggressively for getting your all dues and rights back. Don't take the fight coolly, colmly and peacefully. No one is going to listen to your true, reasonable concerns, grievances and demands the way you are going by the approach for the last many many year. You must find the toughest ways and routes to resolve your concerns and demands and get it restored, instated at the earliest. Already you officers have gone far away from the time for getting the matter corrected. If you delay further in planning and wasting the time, the things will go far far away from your control. The Indian Railway employee's warning for indefinite strike brought GOI on their knees. I know that strike have totally different impact in general. But You all Veterans (almost 25 lacs) together can create havoc and stall the system. If you don't put the 'Laggam' लगाम to these so called Babus (thinking themselves Raja, Maharaja), the Armed Forces & Veteran's position will be degraded further to worst-place and will be considered no less than slaves.
ReplyDeleteAs you have mentioned in your blog about Article 18 of the Constitution and the contract signed at the time of retirement. Every contract is always signed between at least two parties with certain terms and conditions and also bound with policies. No single & individual party can change or break any of these terms and conditions. If any party does then it is a breach of contract and that's criminal act. That case must be taken to the Honourable Court.
Further you have written, THE BABUS SHOULD BE TAKEN TO TASK FOR VOILATION OF ARTICLE 18 OF CONSTITUTION. Yes, You must drag the department /specific chair to the court by framing the charges against them of offenders, defaulters, using the power in wrong direction, willfully doing wrong thing against Veterans, making monetary losses to the Veterans etc etc. Make them accountable and responsible for any mistake they do, through PIL application putting it in the Court.
There are much much more grievances to write. Lastly I would say stop soft and mild approaches to any of the departments or offices. Adopt toughest and very aggressive way of fight for getting the things corrected and getting them back to place.
Regards and good luck!