Re-employed Ex-servicemen (POBR) Pay Fixation: Confederation writes to DoPT
Re-employed Ex-servicemen (POBR)
Pay Fixation – Confederation writes to Hon’ble Minister of State, Ministry of
Personnel, Public Grievances and Pension
CONFEDERATION OF CENTRAL GOVT. EMPLOYEES &
WORKERS
1st Floor, North Avenue PO Building, New Delhi
– 110001
Ref:
CONF/GENL/Ex-service men/2016-19
Dated 28.09.2016
To,
Dr. Jitendra Singh
Hon’ble Minister of State Ministry of Personnel,
Public Grievances and Pension 102, North Block
New Delhi – 110001
Respected Sir,
Sub: – Ex-Service men pay fixation
– intervention requested.
1. It is submitted that pay
fixation of re-employed Ex-Service men who held rank below commissioned
officer/Group A at the time of their retirement is not carried out in many
departments (Eg; Postal department) as per Government orders issued from time
due to misinterpretation/wrong classification by the administrative
authorities. The re-employed Ex- Servicemen are being deprived of their due by
the controlling authorities.
2. Department of Personnel &
Training under Ministry of Personnel, Public Grievances and Pension is the
nodal authority in the subject matter. Presently CCS (Fixation of Pay of
re-employed Pensioners) orders 1986, amended from time to time, which act as
the basic guideline, is required to be amended to bring clarity and parity for
whole class of Ex-servicemen. The pay of the re- employed Ex-Commissioned
officers/Group ‘A’ is fixed at a higher stage due to their past service benefit
but in the case of re-employed Ex-Servicemen who held rank below commissioned
officers, their pay is fixed at minimum of pay scale of re-employed post which
is denial of natural justice and violation of fundamental rights, particularly
right to equality, enshrined in our constitution, as discrimination arises out
of such partial provisions. The provision contained in pay fixation basically
are welfare measure to support the class of Ex-Servicemen as a whole. However,
this discrimination in pay fixation had added to their woes.
3. Detailed statement of case for
regularization/streamlining of pay fixation of re-employed Ex- Servicemen are
enclosed herewith for your kind consideration and issue of necessary guidelines
in favour of veteran Warries of our country who sacrificed their vital years
for India and still engaged themselves in nation building.
STATEMENT
OF CASE FOR REGULARISATION OF PAY FIXATION OF RE-EMPLOYED EX-SERVICEMEN
(PERSONNEL BELOW OFFICER RANK) IN CENTRAL GOVERNMENT DEPARTMENTS/ MINISTRIES
INTRODUCTION
Government of India provides
reemployment opportunities to Ex-Servicemen Officers/Other Ranks of Indian
Armed Forces in various Departments/Ministries, Public Sector Organizations
& Autonomous Bodies as a rehabilitation measure due to their compulsory
retirement at early age to keep the forces young. According to CCS (Fixation of
Pay of reemployed Pensioners) Orders 1986 amended from time to time by
DOP&T the Reemployed Officers are allowed to draw a higher stage of initial
pay in consideration with their pre-retirement pay on reemployment in such
Government organizations. In case of other ranks/PBOR (Jawans/NCOs/JCOs) the
Government departments and Ministries have allowed to draw only minimum/entry
pay of re-employed post as applicable to fresh recruit. Public Sector
organizations viz., Nationalised Banks, LIC, NIC and other PSUs have allowed to
draw the higher stage of initial pay (at the stage of pre-retirement pay) to
reemployed ex-servicemen (Jawans/JCOs/NCOs) as mentioned above.
DETAILED JUSTIFICATION OF THE CASE
Department of Posts and some other
departments has not agreed to allow the higher initial pay on re-employment in
consideration with pre-retirement pay to re-employed ex-servicemen belonging to
below officer rank of the Armed Forces. Most of the Ex-servicemen belong to
PBOR category retired (discharged) from service at the age of 35 – 40 years to
keep the forces young. To ensure the minimum survival support earning,
Government of India introduced a higher stage of pay in several manners to the
reemployed ex-servicemen from time to time. According to Dept of P&T OM No
3/1/86-Estt (P-II) dated 31 July 1986 the earlier orders relating to fixation
of pay of reemployed pensioners was scattered in a number of OM issued by Ministry
of finance from time to time. Dept. of P&T consolidated all these orders
and issued fresh guidelines in a single order viz., CCS (Fixation of pay of
re-employed pensioners) Order 1986. The pay fixation procedure mentioned in
such earlier OMs (Prior to 1986) issued by Ministry of Finance as under: –
1) According to Ministry of
Finance, Dept of Expenditure OM No 8(34) Estt-III/57 dated 25 Nov 1958 pay of
the re-employed pensioners will be fixed at the minimum of pay scale of the re-
employed post. In cases where it is felt that fixation of pay of re-employed
officers at the minimum of pay scale will cause undue hardship the pay may be
fixed at a higher stage by allowing one increment for each year of service the
officer has rendered before retirement in a post not lower than that he
reemployed. In other words, if the amount of pay plus pension is less than the
last pay drawn before retirement from previous service, it will be treated as
undue hardship.
2) In case of reemployed pensioner
who retired before attaining the age of 55 years, Rs 125/- was ignored from the
pension for the purpose of pay fixation vide Ministry of finance OM No F.4(3)E-
III/82 dated 13 December 1978.
3) According to Ministry of Finance
OM No F.4(3)-E.III/82 dated 13 Dec 1983 the entire pension of the reemployed
pensioners who held below Group A post/ Commissioned officer rank and retired
before attaining the age of 55 years will be ignored for the purpose of pay
fixation. In this regard Para 4(d) (i) of CCS (Fixation of pay or reemployed pensioners)
order 1986, amended from time to time may be referred.
Hence in the cases where pay plus
Non Ignorable Portion of Pension is less than last pay drawn (LPD) before
retirement, it will be treated as undue hardship. In case of Ex – Personnel
below Commissioned officer /Group ‘A’ Officer Rank, the non-ignorable part of
pension is zero. So it may be described such a manner that, if the pay of
re-employed post is less than last pay drawn in such cases advance increments
will be granted as instructions given in Ministry of Finance OM dated 25
November 1958. Hence the pay of re-employed ex-servicemen (Jawans/JCOs) will be
fixed at higher stage.
4) Now the provisions of CCS
(Fixation of pay of reemployed pensioners) Order 1986, and its application is
as under: –
(i) In case of Reemployed
officers who held Group A/Commissioned Officer Rank before retirement:
–
According to Para 4(d)(ii) such
re-employed officer who retired before attaining the age of 55 Years, first Rs
4000/- of his pension only will be ignored for the purpose of pay fixation.
According to Para 4(b) (ii) Pay of
such re-employed officers will be fixed at the same stage as last pay drawn
before retirement as a part of pension is only ignored for the purpose of pay
fixation and remaining part of pension will be deducted from pay so fixed at
the last pay drawn. As a result, pay of such officer is fixed at much higher
than the minimum pay of re-employed post. Illustration as mentioned below: –
Colonel A Retired at the age of 54
Years and re-employed as Section Officer [Gp A Gazetted post in the pay scale
of (Rs 15600 (BP) + Rs 5400 (Grade Pay)] His other details are as under: –
Initial pay of reemployed post = Rs
15600 + Rs 5400 = Rs 21000
Last pay drawn in previous service
= Rs 54000 (BP) + Rs 8700 (GP) + Rs 6000 (MSP) Total pay last drawn = Rs
68700/-
Pensioned sanctioned = Rs 34350/-
pm
Pay fixation on his re-employment:
–
Step-I – Determination of last pay
drawn = Rs 68700
Step – II – Determination of
non-ignorable = Rs 34350 – Rs 4000 = Rs 30350 part of his pension
Step – III – Deduction of
non-ignorable = Rs 68700 – Rs 30350 = Rs 38350 Part of pension from
Last Pay Drawn
Step – IV – Fixation of Initial pay
= Rs 38350
(In addition to pay so fixed above,
he shall be permitted to draw, separately any pension sanctioned to him and to
retain any other form of retirement benefit. As explained in para 4(C) of CCS
(RP) rules, 2008 vide OM 3/19/2009 dated 5th April 2010.)
From above it is notable that the
minimum pay of the re-employed post is Rs 21,000/- and the pay fixed at Rs
38350/- hence the pay has been fixed at the higher stage due to consideration
of his pre- retirement pay. It is justified as the pay of an experienced person
can never be equal to a fresh recruit, but the same justification should be
considered for reemployed Ex Non-Commissioned officer cadre (JCOs/Jawans) also.
In
case of Reemployed Ex-servicemen who held rank below Group A/Commissioned
Officer Rank before retirement and retired
before attaining the age of 55 years: –
According to Para 4(d) (i) such
re-employed ex-servicemen who retired before attaining the age of 55 Years his
entire pension will be ignored for the purpose of pay fixation.
According to Para 4(b) (i) Pay of
such re-employed ex-servicemen will be fixed at the minimum of pay scale of
reemployed post. Pre-retirement pay will not be considered for his pay
fixation. Treatment of undue hardship caused due to fixation of minimum pay is
neglected here.
Illustration as mentioned below: –
Sepoy ABC (MACP-I) Retired at the
age of 36 Years and reemployed as Social Security Assistant in the pay scale of
Rs 5830 (BP) + Rs 2400 (GP) Initial pay of reemployed post = Rs 5830 + Rs 2400
= Rs 8230
His other details are as under: –
Last pay drawn = Rs 9550 (BP) + Rs
2400 (GP) + Rs 2000 (MSP) + Rs 300 (Class pay)
Total pay last drawn = Rs 14250/-
Pension sanctioned = Rs 7125/- pm
Pay fixation on his re-employment:
–
Step-I Determination of Initial pay
of re-employed post = Rs 8230
Step-II Fixation of Initial pay on
re-employment = Rs 8230
From above it is notable that the
re-employed ex-servicemen is allowed to draw only minimum pay of reemployed
post which is Rs 8200/- much less than his last pay drawn Rs14250/- before
retirement, hence the undue hardship arises as his pre-retirement pay has been
neglected. The gap will widen in case we take example of Nb Subedar of Army or
a Sergeant of Air force who gets X-pay additionally.
From the illustration (i) and (ii)
it is revealed that the CCS (Fixation of pay of reemployed pensioners) Order
1986 is not a consolidation of provisions of OM issued by Ministry of finance
rather it is an order issued by Government of India which intended to give
benefit to Ex Commissioned officers and deprive the Ex-servicemen (PBOR). This
Order was formulated to serve the interests of Ex Group ‘A’
Officers/Commissioned Officer category only and discriminated against the
PBOR/Other Ranks in terms of Right to equality enshrined in our Constitution of
India. The service conditions were equally harsher to whole class of
ex-servicemen including all ranks of Armed Forces; in fact more harsh if
service privileges and promotions are to be considered separately.
5. In addition to above, according
to Para 2 of DOPT OM No 3/13/2008/Estt/Pay II dated 11 Nov 2008 it is clear
that the pay of re-employed ex-servicemen will be fixed according to rule 7 of
CCS RP Rules 2008 with adherence to CCS (Fixation of pay of reemployed
pensioners) Rules 1986 amended from time to time. The term minimum pay refers
here the pay last drawn by the reemployed ex- servicemen before retirement
(substantive pay) and the pay should be fixed in the pay structure of
re-employed post i.e. the grade pay of re-employed post only admissible in such
case. Total pay should be equal to the last pay drawn by the pensioner. In this
regard your attention is also invited to para 3(v) of DOPT OM No 3/19/2009-Estt
(Pay II) dated 05 April 2010 where it is clearly instructed that the pay of
re-employed personnel/officers will be fixed at the same stage as last pay
drawn. In this regard Verdict of Honourable Supreme Court dt 08.11.1996 in the
case of Director General of India Posts Vs B Ravindran may be referred.
6. Pay of Re-Employed Officers is
fixed at higher stage due to formula applied as prescribed in the CCS (Fixation
of pay of re-employed pensioners) Order 1986. Whereas the interest of personnel
below officer rank was totally neglected and their pay is fixed at the minimum
of pay scale only which is contrary to natural injustice and violation of Right
to equality enshrined in the Constitution of India as discrimination arises.
7. Public Sector Banks, LIC, NIC
and PSUs are still allowed the higher stage of initial pay to Ex PBOR with
reference to the Government orders (DOP&T OM dated 05.04.2010). Circular of
Indian Banks Association in this regard may be referred to. Due to
misinterpretation/ambiguous language of Government orders issued on the subject
matter, Central Government departments does not agree to re-fix the pay of
re-employed ex-servicemen (PBOR) category as mentioned in para 4 above. The
re-employed Ex-serviceman belonging to PBOR category, are allowed to get their
pay fixed only at the minimum/entry pay of re-employed post which is illogical
and unlawful decision in terms of violation of constitutional provisions of
fundamental rights. As a result, a large number of ex- servicemen are suffering
from financial hardship besides moral depression.
8. Quoting the same authority
/Govt. orders issued by DOP&T the PSU organizations and Nationalised Banks
(Govt. Undertakings) have facilitated the pay fixation to the ex-servicemen
(PBOR) to fix the pay at the same stage as last pay drawn before retirement but
Central Government departments still not agreed to provide the entitlements to
the re-employed ex-soldiers due to ambiguous provisions. They cite different
reasons that PSUs are following different pay system etc. forgetting that PSUs
derive the authority from the same Central government, So, how can there be two
sets of rules for same category by same employer (Central Government).
REMEDIAL ACTION REQUIRED TO BE TAKEN
9. In view of the above it is
requested that, your good office should weed out the actual disparity arising
out of incomplete and discriminatory orders issued by the DOP&T vide CCS
(Fixation of pay of reemployed pensioners) Order 1986 (amended from time to
time) and issue necessary amendment/fresh order in favour of the Ex Servicemen
(PBOR) category as mentioned below: –
For: – Para 4(b)(i)
Where the pension is fully ignored,
the initial pay on re-employment shall be fixed as per 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 (RP) Rules, 2008.
It should be read as under (DRAFT
PROPOSAL): – Para 4(b)(i)
where the pension is fully ignored,
the initial pay on re-employment shall be fixed as per 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 (RP) Rules, 2008. In cases of reemployed ex-servicemen where
pension is fully ignored and pay fixed at minimum/entry pay of reemployed post
which is less than his pay last drawn in the Armed forces will be treated as
undue hardship and his pay required to be fixed at a higher stage by allowing
advance increments until his pay reaches at the same stage as last pay drawn
before retirement to prevent undue hardship. In addition, he will be permitted
to draw, separately any pension sanctioned to him and to retain any other form
of retirement benefit.
Illustration: Sergeant/Havildar (any noncommissioned rank)
ABC Retired before the age of 55 Years and reemployed in the pay scale of Rs
5830 (BP) + Rs 2400 (GP)
Initial pay of reemployed post = Rs
5830 + Rs 2400 = Rs 8230
Last pay drawn by him = Rs 12000
(BP) + Rs 2800 (GP) + Rs 2000 (MSP) + Rs 300 (Class pay) + GCB 240 + X-pay 1400
Total pay last drawn = Rs 18740/-
Pension sanctioned = Rs 9370/-
Pay fixation on his reemployment: –
Step – I Determination of minimum
pay = Rs 5830 + Rs 2400 = 8230 (minimum pay of reemployed post)
Step – II Fixation of total pay =
Rs 18740/- (Last pay drawn) by allowing advance increment).
Step – III Manner of Re-fixation of
pay = Rs 16840 (Band Pay) + 2400 (Grade Pay of re-employed post)
(This order should be applicable to
all re-employed ex-servicemen irrespective of their date of retirement and date
of re-employment)
CONCLUSION
10. In the light of the above, it
is requested that the fresh orders/amendments be issued free from any scope of
misinterpretation/ ambiguity, clearly mentioning the feasibility of fixation of
pay of the re-employed ex-servicemen belonging to below officer ranks, at the
same stage as the last pay drawn before retirement, ignoring entire portion of
pension since the pension is miniscule and not even enough to live on rent in a
city. In addition, they shall be permitted to draw, separately any pension
sanctioned to them and to retain any other form of retirement benefit.
Thousands of re-employed soldiers suffering from acute financial hardship due
to very low earning even after re-employed. They would get relief with the
right approach and initiative if taken at your end at the earliest. This will
also save the Government’s expenditure and precious time of officers on
litigations that are either pending or may be initiated in various courts.
Yours
faithfully,
(M.
Krishnan)
Secretary
General
Mob:
09447068125
E-mail:
mkrishnan6854@gmail.com
Copy to: –
Secretary, Department of Personnel Public Grievances and Pension, 112, North Block, New Delhi – 110001
Courtesy: Confederation HQ Document