As you may have read on this blog before, officers who were substantive Majors as on 01-01-1996 were to be granted the pay-scale of a Lt Col on completion of 21 years of service as a one time measure in terms of Para 5 (a) (iv) of Special Army Instruction (SAI) 2/S/98. Naturally, such officers were also to be granted the pension of a Lt Col since pension is basically calculated on the basis of pay, that is, 50% of emoluments.
It is now being discovered that in many of the cases, the said provision of upgradation of pay was not implemented. It is also coming to notice that those Majors who were granted the pay and consequently pension of a Lt Col are today again being paid the pension of a Major with effect from 01-01-2006 after the 6th CPC. This is totally anomalous. As per instructions issued and approved by the Cabinet from time to time, pension after implementation of any new pay commission cannot be fixed at a rate lower than 50% of the minimum of the new scale corresponding to the scale from which a person had retired. Hence if a Major had been granted the scale of a Lt Col and had hence retired from the scale of a Lt Col, his or her pension is to be fixed at Rs 25,700 as per the minimum pension admissible to a Lt Col. The said stipulation is universally applicable and is granted to civilian retirees too who were granted a higher scale at the time of their retirement than their actual rank / grade under provisions such as Assured Career Progression (ACP). For example, a civil employee who was actually an officer in the Pay Scale of Rs 8000-13500 (Now PB-3 with GP 5400) but retired from an ACP scale of Rs 12000-16500 (Now PB-3 with GP 7600) on non-functional basis, would now be eligible for a pension based on PB-3 with GP 7600 with effect from 01-01-2006 which is the new scale corresponding to the old one from which he retired.
This is for the information and use of affected officers, mainly for those who are jumping on to the litigation bandwagon without taking up the issue with the authorities. One should keep in mind that litigation should always be the last resort after exhausting all remedies so that dockets of Courts are not burdened.
It is now being discovered that in many of the cases, the said provision of upgradation of pay was not implemented. It is also coming to notice that those Majors who were granted the pay and consequently pension of a Lt Col are today again being paid the pension of a Major with effect from 01-01-2006 after the 6th CPC. This is totally anomalous. As per instructions issued and approved by the Cabinet from time to time, pension after implementation of any new pay commission cannot be fixed at a rate lower than 50% of the minimum of the new scale corresponding to the scale from which a person had retired. Hence if a Major had been granted the scale of a Lt Col and had hence retired from the scale of a Lt Col, his or her pension is to be fixed at Rs 25,700 as per the minimum pension admissible to a Lt Col. The said stipulation is universally applicable and is granted to civilian retirees too who were granted a higher scale at the time of their retirement than their actual rank / grade under provisions such as Assured Career Progression (ACP). For example, a civil employee who was actually an officer in the Pay Scale of Rs 8000-13500 (Now PB-3 with GP 5400) but retired from an ACP scale of Rs 12000-16500 (Now PB-3 with GP 7600) on non-functional basis, would now be eligible for a pension based on PB-3 with GP 7600 with effect from 01-01-2006 which is the new scale corresponding to the old one from which he retired.
This is for the information and use of affected officers, mainly for those who are jumping on to the litigation bandwagon without taking up the issue with the authorities. One should keep in mind that litigation should always be the last resort after exhausting all remedies so that dockets of Courts are not burdened.
18 comments:
If anyone could clarify, whether 20 yrs and 9 months of service, which i had at the time of retirement, in the rank of Sqn ldr, qualify for the pension of a lt.col......thanks
In continuance to my earlier query, i would like to add the following, and that is "i had a total of 20 yrs and 9 months service at the time of pre mature retirement, in the year 1992" and as such would like to know if i am covered under this army instruction
@Bidyut Chatterjee
Sir, as is very clear from the post and the earlier one :
1. You had to be in service on 1-1-96 to have availed this one time benefit.
2. You had to be in your 22nd year of service, that is, you should have completed 21 years of service.
Clearly, both of the above conditions are not fulfilled in your case.
The said benefit is hence not admissible to you.
Thanks
Navdeep
Sir,
Well reiterated. Thanks for bringing this to the notice of all responsible. The MOD and PCDA (P) are also responsible for this anomaly along with the Service HQ.
In the much circulated Annexure – II of the Ministry of Defence letter No. 17(4)/2008(1)/D(Pen/Policy) dated 11.11.2008 , which was amended on 11/12/2008 and again on 20/01/2008 and in the Circular No.403 of PCDA(P),Allahabad, the tables are made with only ranks shown in the column headings. Had they shown Pay scales instead of ranks, this misreading would not have occurred at PDAs.
In the civil services the pay scales, in which employees had retired, had serial numbers ,Eg.,S-1...S-30 etc and the minimum pensions were as per the minimums in the scales. But in the military there are ranks and even though the pensions are now based on pay scales (at least for the officers), the pension tables are still made showing the rank as the determining parameter.
A simple addition of the pay scale along with the rank in the column headings of Annexure II of the MOD letter would have nipped the anomaly .PCDA (P) could have done it themselves.
PCDA (P) could have alternatively, written this special dispensation, in the 'Notes' below that Annexure II in their Circular No. 403.
Even the Service HQ could have prevented this anomaly by granting the rank of Lt.Col. (TS) to those Majors who had completed 21 years of service
Navdeep, thanks you very much for the clarification....however, as i learn from your other posts, that the majors pension would undergo a change for the better, is it true
Sqn ldr Bidyut Chatterjee (Retd)
HI all,
batch details for non functional financial upgradation for gp A services civilian officers has been published by DOPT. These officers will be drawing emoluments equivalent to joint secy/addl secy/ etc based on number of years of service and not in relation to whether they are promoted or not. These orders are applicable wef 01 january 2006. Well. faujis have been given fixed MSP and that too wer 01 sep 2008? What justice and reward for your life in fauj?
Dear Navdeep,
I was holding acting rank of Wing Commander at the time of retirement(due medical reason) .I had total of 25 yrs,8 moth service. As per Vth pay commission I was getting Wing Commanders pension but now ( 6th pay commission) I am not getting Wing Commanders pension. Will you please clarify on this.Thank you.My email-ranjeetpowar45@yahoo.com
basic and fundamental principles of pay & pensions have been violated by transitory instructions/orders by departments of GOI.these issues have also been clearly stated and pronounced in recent judicial orders/judgements . all this relates and applies to Majs/Lt Cols also .
this sort of approach to the issue/problem (covering few cases),coming at such belated stage ;that too from an legal eagle who has done so much to the cause of fauji;needs greater thurst,ofcourse ,with due support from faujis.
Dear Navdeep,
In continunce with my earlier query, I was granted Wing Commander's pension ( I was holding Acting rank) as a one time benefit (Vth pay commission) , am I not entitle for Wing Commanders pension in VIth pay commission's recommandation? Please clarify on this.
Thanks
Dear Maj Navdeep,
As per the Spl Army Instr, if a Maj with 21 yrs is granted pension of a Lt Col then will his pension be fixed at Rs. 25700/= or as per the number of actual yrs of service in Lt Col(TS) band?
Please clarify.
I retired as a Wg Cdr(Select) on completion of 25yrs 02m & 20days(actual service) prematurely in Mar 1997. I was a Sqn Ldr till completion 21 yrs and picked up Wg Cdr rank in Mar 92. My pension has been fixed at Rs. 24922/= i.e. equal to the rate for 25 yrs in the select band for Lt Cols. Going as per the SAI, will I draw less pension than a Maj with lesser length of service than mine? This will be rediculous!
Dear Maj. Navdeep,
You wrote,
"As per instructions issued and approved by the Cabinet from time to time, pension after implementation of any new pay commission cannot be fixed at a rate lower than 50% of the minimum of the new scale corresponding to the scale from which a person had retired."
Is there any instruction , existing now, to this effect?
If such an instruction exists, why is the minimum assured pension(modified party?),
in the orders issued post 6th CPC, is at the minimum of the
'Pay Band' instead of at the minimum of 'Pay in the Pay Band, corresponding to the scale from which a person retired' ?
In the Report of the Committee Of Secretaries(COS) too, this 'anomaly' was examined and the COS opined that the difference between the above said two minima is very little and hence the minimum of 'Pay Band' as the minimum assured pension may continue !
The COS actually calculated this difference in percentage terms and came to the conclusion that the pensions of Lt Col to Major General need not be revised etc.
Dear Maj Navdeep,
Please refer to my comment dated 06 Jul. I have requested for a clarification. 'Will be grateful if you could plase respond. Many will be benefited.
Thanks & regards.
Wg Cdr PC Pattanayak
When we talk of pre- 86 and pre-96 Majors. The criteria of 21 years service would not be justifiable. We should consider 20 years sevice as the base line, because there is no difference among the Major of 20years service and a Major with 25 years service and more.
The Post 2004 Parity on Majors Before 2004, a commissioned Officer required 13 years of service and passing of promotion exams, to earn the rank of Majors ; whereas, after 2004, with exactly the same QRs, the officers become Lt Cols. Thus,the erstwhile Majors, for all practical purposes should be treated equal to post 2004 Lt Cols, at least for pension parity; but in reality, the Majors get a pittance of pension, comparable NOT to the Lt Cols,as should be ; but to Hony Capts. There is a strong case to increase the pension of existing Majors on pension strength.
Added problems by 6th CPC. The 6th CPC has caused a lot more harm to Majors on Pension than the 5th CPC. Please see these comparative figures given below regarding the pension of Lt Cols vis - a -vis Majors. ( in Rs per month ) CPC Lt Col Major Difference 5th 7,550 6,400 1,150 6th 25,700 14,100 12,600
The 6th CPC / Govt have widened the gap in pension between Majors and Lt Cols, by a large margin. These Pensioned out senior Majors have silently suffered so much already. They have been again given the short shrift by both the 6th CPC and the Govt. They had little promotional avenues ; had to retire early ; lost huge sums by way of reduced life time earning ( as compared to Civ counter parts ) and got truncated pension due to early release and are now paid Rs 12,600 per month less pension than their equivalent Lt Col ( T S ). This is gross injustice.
The job profiles of Lt col ( T S ) and Major are very much the same. In fact, Lt Col ( T S ) are posted against the vacancies tenable by Majors. But, a Lt Col ( T S ) earns a pension of Rs 26,700 while a Maj gets only Rs14,100 ; that is, Rs12,600 less than the time scale Lt Col. please compare this wide gap to the narrow difference in pension of Cols over Lt Cols ( Rs 350 only ) ; Brigs over Cols ( Rs 100 only )
The base line therefore should be 20 years service for all pactical purposes and not 21 years service.
Dear Sir,
I was a Major in the Army. commissioned on 21st December 1975.In service for 22 Yrs and 214 days.Retired on 26.7.98.As above rule is applicable to me. How can i apply for the above and for the arrear's.As I am drawing a major's pension since last twelve year's.
Awating your reply.
Warm regard's
Major K.S.Rathore
Currently I am holding the rank of Substantive Wing Commander.I am retiring on 30 Sep 2012. But due to non publication of Gazette notification on Designation of Wing Commander I am fixed with pension and other benefits of Squadron Leader. I have put up representation and found no reply. I am informed verbally by officer concerned that my entitled pension may start from Jan/Feb 2013 after gazette notification is published in Nov 2012. i am in deep dilemma and don't know what to do.Kindly advise. Regards
Are these rules applicable to
Whole Time (Regular) N C C
Officers also ?
Dear Maj Navdeep Singh
MOD lr 15324/HQNCC/Coord/532/D(GS-VI)/98 dt 20.5.98 clearly states that as one time measure those who became Subs Maj before 1.1.96 will be gtd scale of Lt Col (TS)on completion of 21 yrs. But PCDA(O)Pune has still not considered my cse for Lt Col (TS) Pl clarify.
Maj Navdeep,
I had written regarding my father Late Maj Krishna Vir who died on 7th Dec 1984 after 26 years and 11 months. He had done senior command course and Lt. Col time scale promotion had come after completing 26 years of service but could not take it due to medical reasons. Hence after 2013 circular i wish to know will my mother get MaJOR FAMILY PENSION OR LT COL FAMILY PENSION
I need to have a clarification from you urgently.REGARDS Mohit jain
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