Anomaly in Pay Fixation of Reemployed Exservicemen

 

Anomaly in Pay Fixation of Reemployed Ex-Servicemen (JCOs/OR) : Possible Solution 

The reemployment of ex-servicemen, particularly Junior Commissioned Officers (JCOs) and Other Ranks (OR) from the Indian Armed Forces, in central civil services and public sector undertakings (PSUs) is a crucial initiative aimed at leveraging their experience and discipline. However, a significant anomaly has long been observed in the process of pay fixation upon their reemployment. This issue has caused dissatisfaction among many ex-servicemen, undermining their morale and expectation of fair treatment.

The problem arises primarily because of a lack of uniform implementation or clarity in the rules regarding pay fixation for reemployed ex-servicemen. Although detailed instructions exist under various Office Memoranda (OMs) issued by the Ministry of Defence (MoD) and the Department of Personnel and Training (DoPT), their interpretation and application by different government departments and PSUs vary widely. This inconsistency leads to disparities in salaries, benefits, and seniority for individuals with identical service backgrounds.

Those who are reemployed in Nationalised Banks are getting pay protection in the manner of grant of advance increment equal to the last pay drawn level considering the same OM issued by DOPT.  However, Ministry of Finance has denied to grant the pay fixation benefit to the reemployed JCOs/OR serving under MoF and various ministry and departments.

Nature of the Discrepancy

The anomaly in pay fixation stems from several factors:

1. Non-protection of Last Drawn Pay: Often, the last drawn pay in the Armed Forces is not adequately protected during reemployment. In many cases, JCOs/OR who served in high-ranking positions or in specialized roles find their salaries reduced post-reemployment due to flawed pay fixation rules.
   
   
2. Non-recognition of Military Service: While Armed Forces service is crucial for the nation, reemployed JCOs/OR sometimes do not receive due recognition for their years of military service. This lack of recognition affects the computation of seniority and increments under the civil service norms.
   
   
3. Misinterpretation of OMs and Orders: Different departments and PSUs interpret laws and guidelines on reemployment differently, thereby leading to a lack of standardization in pay fixation.  DOPT OM dated 31 July 1986 has formulated the policy regarding pay fixation of reemployed pensioners belongs to all categories of pensioners including commission and non commissioned officers of Indian armed forces.  However, the OM has allowed only commissioned officers to get protected their last pay drawn and for all other categories are denied wilfully.

4. Challenges with Pension Deduction: There is a practice of deducting the military pension from the salary in some cases, which leads to lower take-home pay, further exacerbating the issue.  The matter has been discussed with various military pension authority and nodal authority of policy formulation for civil servants.

Consequences of the Anomaly

This anomaly severely impacts ex-servicemen who have dedicated a substantial part of their lives to the Armed Forces. The consequences include:

1. Demotivation Among Ex-servicemen: The perceived unfairness leaves many feeling undervalued in their civilian roles, which can lead to lower morale and reduced productivity.
2. Financial Disadvantages: The disparities in pay severely affect the financial well-being of ex-servicemen. In some cases, the reduced earnings make it challenging to support family needs and maintain a decent standard of living post-retirement.
3. Administrative Complexity: The lack of uniformity in pay fixation creates a cumbersome administrative burden for government departments and PSUs, with conflicts and grievances often requiring resolution through prolonged legal battles or representation.
4. Legal Challenges: Many ex-servicemen have to turn to courts or legal forums to address these discrepancies, adding to both the government's and the individual’s resource expenditure. This not only takes time but also negatively impacts the government’s image.

Possible Resolutions

Addressing this long-standing anomaly requires a reformed approach:

1. Standardized Guidelines: The Ministry of Defence, in collaboration with the Department of Personnel and Training (DoPT), must issue standardized and unambiguous guidelines to ensure consistency in the pay fixation process for reemployed JCOs/OR across all departments and PSUs.
2. Pay Protection: The last drawn pay of ex-servicemen should be fully protected during their reemployment. This would acknowledge their service and ensure fairness in salary calculations.
3. Recognition of Military Service: Clear guidelines should be in place for accounting military service years towards benefits like increments and seniority in their civilian roles.
4. Centralized Monitoring: A centralized grievance redressal mechanism or monitoring body should be established to ensure proper implementation of pay fixation norms across various institutions and resolve disputes promptly.
5. Awareness Campaign: Government departments and PSUs should conduct training workshops for HR and accounts personnel to accurately interpret and apply the relevant OMs and pay rules.
6. Need to reform the old and ambiguous policy :   The old policy which is still effective to fix the pay on reemployment of the pensioners should be amended duly consider the anomalies.  The matter has already been drafted by DOP&T but MoF has rejected the same showing some silly reason.  The file need to be resubmitted to MoF with clarifications which is still pending since long. ESM are waiting with hope to get justice from the burocrats.