Abolition of Rank Pay & weight age..Orop diluted.Col Lamba

RESPECTED PRESIDENT. PM. RM. FM & Chief Justice  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 ARMED FORCES  & FOOLED EVERYONE AND DEGRADED THE FORCES FURTHER.RANK PAY  HAS BEEN ABOLISHED BY THE BABUS IN MoD LETTER WITH JUST with a STROKE OF PEN WITHOUT EVEN ANY  LOGICAL THINKING OR VISION.

 THE RANK PAY WAS GIVEN IN FOURTH CPC AFTER DEDUCTING THE AMOUNT FROM BASIC PAY

“Fourth Pay Commission and the Armed forces.

Indian National Congress (I) Government, headed by Rajiv Gandhi, in the wake of the4th CPC to implemented concept of 'Rank Pay' for armed forces officer. Rank Pay affected all officers ranks from second lieutenant to brigadier in the army, and equivalent ranks in the Indian Air Force and the Indian Navy.

The 'rank pay', which varied from 200 to 1200, was not an additional pay, but amount deducted from their pay grade.

This ended long established Military Indian Police service equations.

Police Officers, and officers from other AIS officers, with 14 years of service, who were formerly in the same pay grade as majors,with 14 years service, were equated to Brigadiers, on the basis of the new pay grades.Unimaginable degradation.

Veteran say  rank pay is  “rarest of rare fraud, perjury and Injustice to the defence forces”.

He explained, "How could it be allowed that the first military rank of Second Lieutenant along with two promotional ranks of Lieutenant and Captain were all clubbed with the first civilian rank?".

Downgration of junior officer & up the ladder.

Similarly at the level of major "rank pay' had the effect of promoting civilian pay grades equal to major till the 3 CPC, to that of colonels."

The rank pay became an issue of considerable resentment in the armed forces, and cause of general distrust of the pay commissions, and the Congress  Government“

 3] MOREOVER BABUS HAVE DISRESPECTED THE POWERS OF ARTICLE 18 OF CONSTITUTION

 BY ABOLISHING THE RANK PAY

 [ KINDLY NOTE THAT RANK PAY WAS DEDUCTED FROM THE  BASIC PAY IN FOURTH CPC & THEN PAID TO THE ARMED FORCES,]

HOW CAN THEN BABUS TAKE AWAY  PART OF BASIC PAY of Forces.

 [RANK PAY] OF ARMED FORCES IS NULL AND VOID NOW AS PER MoD LETTER MENTIONED ABOVE.

4]NOW THERE IS NO RANK PAY wef 1/1/2006

THE  RANK IS A BASIC STRUCTURE OF FORCES BUT BABUS HAVE BROKEN THE STRUCTURE WITH ONE STROKE OF PEN.

 5]ABOLITION OF RANK PAY  created imbalance IN THE ANTE SE SENIORITY ,WHICH WILL ADD TO FURTHER DEGRADATION OF FORCES PLUS LOWER MORALE,AS RANK PAY AMOUNT HAS BEEN THUS AUTO REDUCED IN HAND OF OFFICERS.

6] THE RANK REMAINS WITH THE  OFFICER AND EVEN AFTER HIS DEATH AS PER ARTICLE 18 OF

CONSTITUTION

THEN HOW CAN BABUS VIOLATE  THE CONSTITUTION.

3] It is shoking OUR SERVICE HQ CANNOT PIN POINT  EVEN  THIS SIMPLE  LUCANA

 [ THREE SERVICES HAVE SEPRATE PAY COMMISION UNDER MAJ GEN RANK & THUS HAVE NOT TAKEN UP THE CASE WITH MoD & STOP DOWNGRADATION EVEN IN 6thCPC.]

4] BABUS HAVE COOLY ABOLISHED THE  RANK PAY IN 6th CPC & BY MENTIONING THAT THE  MSP HAS BEEN GIVEN IN LIEU  OF it.WHICH IS TOTALLY WRONG UNETHICAL & VIOLATION OF ARTICLE 18 OF CONSTITUTION.

A] MSP  IS UNIFORM TO ALL OFFICERS  .IT IS DUE TO HARDSHIPS FACED OVER AND ABOVE CIVILIANS

B] SECONDLY MSP IS NOT EFFECTIVE FROM  1/1/2006 THE DATE OF 6TH CPC BUT FROM1/09/2008.Thus it is not part of basic pay.

NOTE: IRONICALY IN WISDOM OF CHAIRMAN 7th CPC.

A] SIACHEN HARDSHIP ALLOWANCE TO FORCES is Rs 31500/ & BABUS ARE  HARDSHIP ALLOWANCE AS Rs 60,000/ IN GUHAWATI WHICH ALMOST DOUBLE THE SIACHEN ALLOWANCE,But in Guwahati No such allowance to Forces

 [ NOTE: THE REASON GIVEN BY CHAIRMAN 7tH CPC FOR GIVING HIGHER ALLOWANCE TO BABUS is that AS THEY DO NOT WANT A POSTING TO GUHAWATI } It amounts to bribing babus for posting to difficult station .WHAT A SHAME OF THEIR HARDSHIP

COMMENTS ON PARA 6 {C] OF MOD LETTER APPENDED BELOW

The financial benefit of MSP will be admissible from 01.09.2008

If MSP has replaced 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 4] 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  BOTH THE DATES ARE MILES APART.

C] RANK  PAY REMOVAL wef1/1/2006  IS NOT ONLY UNJUSTIFIED BUT ALSO IS unconstitutional.

THUS THE  MSP IS DIFFERENT THAN RANK PAY,

5]The 3CPC was the first Pay Commission without a military member.

Its " terms of reference" however included "examination of the structure of emoluments, the retirement benefits and terms and conditions of the Defence Forces personnel".:para 2.3.5

The Commission, established 'relativity' of Defence Forces officers and Indian Police Service(IPS) officers , whose wages till for similar years of service were less than that that of Armed Forces officers with similar years of service, noted that "the relativity" with IPS was "only a working method of devising scales of pay for the service officers which did not mean that the functional role of the two services were similar".

A)First Jolt to the Armed Forces:

The Commission, ambiguously "qualified this statement by mentioning that the job profile of IPS officers was the closest civilian analogue vis-à-vis infantry officers and that a working relationship did exist between the two organizations.

While establishing some sort of parity, and relativity with IPS, the Commission, without an explanation, noted  Cops jumped up.

Force stagnated.

B) Second Jolt to the Armed Forces

"that the pay structure of the Indian Administrative Service with its long pay scales was particularly unsuitable for service officers", see how babus established edge over armed forces

C) Third  Jolt to the Armed Forces
Armed Forces degradation number one From At Par status to lower in ladder of status even though the pay structures of armed forces and Indian Civil Service had been, as a matter of established practice, at par.:para 2.3.

D) Fourth Jolt to the Armed Forces.. OROP taken away

It controversially recommended that military pension be de-linked from military service conditions to conform to civil pensions.

On the basis of the 3 CPC recommendations Indira Gandhi, Prime Minister in the Indian National Congress(INC) government,

took an "ex-parte" decision and terminated One Rank, One Pension (OROP), the basis of military pensions till then.:para 2 and10.2:p1

In 1973, the Government, implemented the following changes in pension and service conditions of the Armed Forces:

E) Fifth Jolt to the Armed Forces
1)Increased the pension of civilians, who retired at 58, by 20 percent, from 30 to 50 percent;

II) reduced the pension of soldier, Non Commissioned Officers (NCOs), and Junior commissioned Officers (JCOs), by 20 percent, from 70 to 50 percent of basic pay,

with the caveat that for full pension the minimum service was 33 years;

[III] an exception was made for the armed forces, the mandatory service for full pension was reduced to 25 year.[ another joil]

F) Sixth Jolt to the Armed Forces

But as soldiers in 1973 retired after 15 years service, at the age of 33-36, they got less than 30 percent of the pay as pension;

[G] Seventh  Jolt to the Armed Forces soldiers pension was thus decreased not by 20 percent but 40 percent from 70 to 30 percent

Note: Babu's raised their pension at their own from 33% to 50 %

H) Eighth  Jolt to the Armed Forces
The government in addition to down grading military pensions down graded the status of soldier by equating "infantry soldier with less than three years’ service" with a "semi-skilled/unskilled labour".

These decisions were based on the recommendation, and endorsement of K B Lall, Defence Secretary. The decision was announced two months after Field Marshal Sam Manekshaw, the victor of the 1971 war, retired from service.

The reason for depressing the armed Forces pensions given by the government was to ensure ‘equivalence’ of Armed Forces pensions with civilians.

The reduction in armed Forces pension, and down grading its status immediately following the decisive Bangladesh war,

THE BANGALDESH WAR WAS A BIG JOB DONE BY ARMED FORCES

I] REMOVED EAST PAKISTAN FROM MAP OF THE WORLD

II]CREATED A NEW NATION BANGLADESH

III] LEAST TIME FRAME OF WAR JUST 2 WEEKS

IV] BIGGEST CATCH OF POW 90,000/

V] ALL WORLD RECORDS OF SHORT DURATIONN BROKEN

NOTE : SEE HOW BABUS & CONGRESS REWARDED FORCES IN DOWN THE LADDER IN PAY &+PENSION + OROP  REMOVED

7]Now see how babu's twist even SC rulings of MAJ DHANPAL

A)Armed forces were deceived on rank pay

The issue was decided by the Supreme Court in March of 2010 in favor of commissioned officers of the three services,

Ruling that ‘rank pay’ was not to be deducted while fixing the salaries of defense officers.

KINDLY NOTE IN 4th CPC THE RANK PAY WAS INTRODUCED AFTER DEDUCTION FROM THE BASIC PAY .HENCE SC RULING WAS 100% CORRECT & NO AMBIGUITY

Note:SC RULING  Rank Pay is not to be deducted. BUT BABUS CARE TOO HOOTS.IT IS CLEAR CASE OF CONTEMPT OF COURT

B)What is Rank Pay?

For those who come in late, a running pay-scale was introduced for commissioned ranks from Second Lieutenant to Brigadier (and equivalent) by the 4th Pay Commission to which a rank pay ranging between Rs 400 to 1200 was to be added for Captains, Majors, Lieutenant Colonels, Colonels and Brigadiers.

The notification in question stated that said ‘rank pay’ would be a part of ‘basic pay’ for all intents and purposes.

C)Still however, while fixing the pay scales, the Ministry of Defense had deducted ‘rank pay’ from the ‘basic pay’ thereby resulting in damage to finances and the pay grades of military officers.

D)The  basic pay is generally dependent on length of service.

E)The defense ministry argued that implementation of the judgment would require rehashing of not only the 4th Pay Commission scales but also the scales devised by the 5th and 6th Pay Commissions.

Note : Never wanted to Rehash the pay structure. ALTHOUGH IT WAS ESSENTIAL  AS RANK PAY WAS OUT OF BASIC PAY.

The ministry also said this would alter the payment of all consequential benefits to officers and their families, as well as, affect the benefits of officers who had retired prior to 1986.But this was a given, considering the deduction of rank pay from 4th Pay Commission scales and beyond had been declared illegal.

WHICH IS IN VOILATION OF LAW OF LAND.

As a result, the pay-scales needed to be upgraded through the three pay commissions leading to enhancement of the pay and status of defense officers.

Note: Pay Scales in 3 CPC were never upgraded IN 4th+5th+6th CPC. THIS WILL ALSO BE DUE IN 7th CPC TOO. .UPGRADTION OF PAY IN ALL CPC IS  STILL A PENDING .A CONTEMPT OF COURT CASE

G)The defense ministry was now left with no option but to implement the judgment.But they decided to play games with it, again, when they issued their implementation letter in December 2012.

Here’s what the ministry said in the letter, purportedly to implement the Supreme Court judgment:

…."and to re-fix the initial pay of the concerned officers of the Army, Navy and Air Force in the revised scale (integrated scale) as on 01-01-1986 as per Para 6 of those instructions without deduction of rank pay appropriate to the rank held by the officer on 01st January 1986…."

the language above, here’s what ministry did.

It changed the language used by the Court in its judgment, when it issued this letter. While the Court had ordered re-fixation of pay ‘with effect from 01-01-1986’,  the Ministry’s letter grants it to officers ‘as on 01-01-1986’

Note: It amounts to Contempt of Court.

H)  It makes lot of difference of words
1) with effect from 01-01-1986’,
2) as on 01-01-1986’.

This variation makes all the difference.

The judgement which was to have a cascading effect on pay-scales after 01-01-1986 with effect from the 4th Pay Commission, continuing till date, now effectively applied only to those persons who were already receiving rank pay as on 01-01-1986.

The letter also states that no changes would be made in the instructions issued after the 5th and 6th Pay Commissions except to the extent of re-fixation necessitated due to fixation as on 01 Jan 1986.

This simply meant that there would be no upgrade of scales or change in the implementation instructions except that, for those affected officers as on 01 Jan 1986 who remained in service as on 01 Jan 1996 or 01 Jan 2006, their re-fixation within the existing tables based on the fitments formula would be affected while switching over from 4th Pay Commission to 5th Pay Commission and then from 5th Pay Commission to 6th Pay Commission tables, but within the same scales.

This was nothing more than a natural consequence of the stipulation of fixation as on 01 Jan 1986.

But no change in pay scale, status or even the scales after the 4th, 5th and 6th Pay Commissions has been notified.

Note : A glaring Contempt of court case

Clearly, getting the intentional anomaly rectified is a tough call since it involves not only the correction of the scales but also the restoration of the status of defense officers which has been on a constant downward slide after the 4th Pay Commission.

BUT IT HAS TO BE DONE

Downgrade of military ranks

While the rank of Captain had been shown equivalent to Senior Time Scale (Under Secretary to Govt of India) of the civil services till the 3rd Pay Commission, it was suddenly shown below this civilian counterpart with effect from 01 Jan 1986 after the 4th Pay Commission, when the concept of rank pay was introduced since it was deducted from the basic pay.

And while there was no 4th Pay Commission recommendation or government order downgrading the rank of Captain (and subsequent ranks), this downgrade was surgically performed in a vacuum without official sanction, without authority and it continues till date.

The problem also remains that the defense services, especially till the last Pay Commission, were guilty of a failure to appreciate the impact of the actions of the bureaucracy affecting them.

Some serving officers also never had the foresight to analyze how such issues would affect future generations as well as retirees, which would someday include their own selves.Serving officers need to remember that they too will be veterans one day and their interests are common to them.

8] Rank Pay Scales. 5th CPC

 Rank.           Pay Scale                                          
Lt.     8250-300– 10050

Capt 9600 – 300- 11400

Major11600- 325-14850

Lt Col  13500–400–17100

Colonel 15100–450–17350

Brig.         15350–450–17600

In addition, the following rank pay may be granted

Rank           Rank Pay Rs
                                     
Captain              400

Major                 1200

Lt Col                  1600

Col                       2000

Brig                      2400

Source: www.gservants.com

9) Thus abolition of Rank Pay is utter violation of SC judgement.
" and to re-fix the initial pay of the concerned officers of the Army, Navy and Air Force in the revised scale (integrated scale) as on 01-01-1986 as per Para 6 of those instructions without deduction of rank pay appropriate to the rank held by the officer on 01st January 1986…."

10)THE Rank Pay can be abolished

A] IT WAS GRANTED AFTER DECUCTION FROM BASIC PAY

  B] it is against the SC judgement which amounts to contempt of court

  C] Violation of Article 18 of constitution. RANK IS FOR LIFE EVEN AFTER   DEATH

 D )It cannot  be replaced by MSP.
This aspect has been highlighted in length

11) The multiple of Rank Pay for 5th CPC is multiple of 2 of 4th CPC

12) The Rank Pay multiple for 6th CPC  taking as 2.4 will not be justified one TILL  Sum of Basic & Grade Pay of 1/1/2006.is taken into account
We got arrears from 1/1/2006 RECENTLY/

12]Thus Rank Multiple will be 2.4 ( basic pay + grade pay)
With this Rank Pay scale can be set & apply it across the board
A)Serving will get new scales & arrears from1/1/2006 with interest.
B) Post 1/1/2006 Retires will also get  revised pension with arrears
C) Pre 1/1/2006 will also get revised pension with arrears.
D)OROP will get rank weight age
E) Orop will be thus paid on Qualifying Service & not on Actual Service
F) 7th CPC will also get enhanced due to rank pay & rehashing of basic pay of 4th+5th+6thCPC
G)Rank Pay will also be admissible in 7th CPC WITH FRESH MULTIPLICATION FACTOR
H) MSP should will also get same multiplication factor

10 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 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 BEEN TAKEN FOR RIDE

11] NOW JOLT TO ALL PENSIONERS DUE TO ABOLITION OF RANK PAY FROM1/1/2006.

 A] YOUR PENSION WILL BE REDUCED AS RANK WEIGTAGE HAS BEEN  REMOVED FROM TOTAL SERVICE

B] THE PENSION IS NOW BEING PAID ON YOUR ACTUALSERVICE ONLY

C] EVEN PRE 2006 PENSIONERS HAVE BEEN DENIED RANK WEIGHTAGE AS PER PCDA CIRCULAR NO:557

D] OROP IS BEING PAID ON ACUAL 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.“

WITH BEST WISHES & WARM REGARDS

COL LAMBA[ ONE MAN ARMY]

.....

Re: SC is only way to get our dues

Respected Sir.

1)Kindly note a anomaly of 7th CPC has started due to Abolition of Rank Pay
& Rank weight age post 1/1/2006 & OROP
( Egg is yet to be hatched) but Babus have played the game of cascading
degradation by denying benefit of increment to Armed Forces Pensioners
As No Rank Pay & No weight age for pension

By denying Rank weight age in OROP (Due to denial of Rank Pay in 6th CPC)
the cascading action will hamper benefit of increments in 7th CPC to
serving & retired .

with no rank pay there is No rank weight age in Orop ( Say a Col rank
weightage is as 7) .

But many are not aware of it that OROP is paid on actual service & not on
Qualifying service ( Means benefit of Rank weightage is absent now)

Now a Col will loose 7 increments in 7th CPC increments & will nullify gain
of rank weight age.

Thus a Col pension will be further less as compared to civilian. Col will
start with Zero increment & his civilian counter part will get 7 increments
Let forces struggle continuously & will be behind 7 years from civilians.
It will have same effect on all Ranks depending upon respective Rank Weight
age of Rank earned.

A one more step of degradation of serving & retired

Civilians will get all increments & we Forces get zero increment.

The 7th CPC anomaly starts even the Egg of 7th CPC is hatched.

With warm regards

Col lamba ( one man army )