KOLKATA
Registered
Under West Bengal Societies Registration Act 1961
***************************************** *********************************************
Ref No : 4001/Pay Fixation/18. Date
: 24 June 2016
To
The Secretary
Ministry of Defence
101-A, South
Block, New Delhi
defsecy@nic.in
Sir,
Subject : PAY FIXATION OF REEMPLOYED EX-SERVICEMEN (PERSONNEL BELOW OFFICER
RANK) IN CENTRAL GOVERNMENT DEPARTMENTS/ MINSTRIES
1. With
profound regards it is submitted that pay fixation of reemployed Central Govt
employees belong to ex-serviceman category who held below commissioned
officer/Gp A Officer rank at the time of their retirement are not carried out
as per Govt Orders issued from time to time due to misinterpretation/wrong
clarification by various administrative authorities. The re-employed
Ex-servicemen are being deprived by their employer/controlling authorities.
Ex-servicemen are being deprived by their employer/controlling authorities.
2. DOP&T
under Ministry of Personnel, Public Grievance and Pension is the nodal
authority in the subject matter. Presently CCS (Fixation of pay reemployed
Pensioners ) Orders 1986 amended from time to time is the basic guidelines
which required to be amended as the pay of reemployed Ex Gp A officers/
Commissioned officers are fixed at a higher stage due to his past service benefit but in case of
reemployed Ex Servicemen who held below officer rank, their pay is fixed at
minimum of pay scale of reemployed post which is denial of natural justice and violation of Article 14
of Constitution of India as discrimination arises out of such partial
provisions.
3. Detailed
statement of case for regularization/streamlining of pay fixation of reemployed
ex-servicemen is enclosed herewith for your kind consideration and issue
necessary guidelines in favour of veteran Warriors of our country who
sacrificed their vital years for India and still engaged themselves in nation
building.
(Bikash
De)
Secretary
KREWA
Enclosures
: As above.
STATEMENT
OF CASE FOR REGULARISATION OF PAY FIXATION OF REEMPLOYED EXSERVICEMEN
(PERSONNEL BELOW
OFFICER RANK) IN CENTRAL GOVERNMENT
DEPARTMENTS/ MINSTRIES
INTRODUCTION
Government of India provides
reemployment opportunity in various Departments/Ministries, Public Sector
Organisation & Autonomous Bodies for Ex-Servicemen Officers/Other Ranks of
Indian Armed Forces as a rehabilitation measure due to their compulsory retirement
at early age. 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 with Govt
organization. But in case of other ranks/PBOR (Jawans/NCOs/JCOs) most of the
Govt Deptts and Ministries have allowed to draw only minimum/entry pay of
reemployed post as applicable to fresh recruit.
Public Sector organizations i.e 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
2. Departments under Central Government
Ministries i.e. Department of Post, CBDT
& CBEC, Audit & Accounts Department, Defence Accounts Dept, Indian Railways
and many other Govt Deptts/Ministries are not agreed to allow the higher
initial pay on reemployment in consideration with pre-retirement pay to reemployed
ex-servicemen belong to below officer rank of the Armed Forces. Most of the Ex-servicemen belong to PBOR
category retired (discharged) from service by order on superannuation at the
age of 35 - 40 years. To ensure the minimum survival support earning, govt of
India introduced a higher stage of pay in several manners to the reemployed ex-servicemen
from time to time. According to DOP&T OM No 3/1/86-Estt (P-II) dated 31
July 1986 the 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.
DOP&T consolidated all these orders
and issued fresh guidelines in a single order viz CCS (Fixation of pay
of reemployed pensioners) Order 1986. The
pay fixation procedure mentioned in such earlier OMs issued by Ministry of
Finance as under :-
(i)
According to
Ministry of Finance, Dept of Expenditure OM No 8(34) Estt-III/57 dated
25 Nov 1958 pay of the reemployed pensioners will be fixed at the minimum of
pay scale of the reemployed post. In cases where it is felt that fixation of
pay of reemployed 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.
(ii)
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.
(iii)
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 Gp A/Commissioned officer rank and retired before attaining the
age of 55 years 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.
3. Hence In the cases where pay plus non
ignorable portion of pension is less than last pay drawn before retirement, it
will be treated as undue hardship. In case of Ex - Personnel Below
Commissioned/Gp A Officer Rank, the non ignorable part of pension is zero. So
it may be described as if the pay of reemployed 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.
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
Gp A/Commissioned Officer Rank before retirement :-
According
to para 4(d)(ii) such rremployed 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 reemployed 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 much higher than the minum pay
of reemployed post. Illustration as
mentioned below :-
Colonel ABC
Retired at the age of 54 Years and reemployed as Section Officer (Gp A Gazetted
in the pay scale ( Rs 15600 (BP) + Rs 5400 (GP)
His
other details are as under :-
Last
pay drawn = Rs 54000 (BP) + Rs 8700 (GP) + Rs 6000 (MSP)
Total
pay last drawn = Rs 65100/-
Pensioned
sanctioned = Rs 32550/- pm
Initial
pay of reemployed post = Rs 15600 + Rs 5400 = Rs 21000
Pay fixation on his reemployment
Step - I Determination
of last pay drawn = Rs 65100
Step –II
Determination of non
ignorable = Rs 32550 – Rs 4000 = Rs 28550
part
of his pension
Step-III
Deduction of non
ignorable = Rs 65100 – Rs 28550 = Rs 36550
Part
of pension from LPD
Step-IV Fixation
of Initial pay = Rs
36550
From above it is notable that the minimum pay
of the reemployed post is Rs 21,000/- and the pay fixed at Rs 36,000/- , 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 never
be equal to a fresher recruit. But the same justification should be considered
for reemployed Ex Non officer cadre persons also.
(ii) In case of Reemployed Ex servicemen who
held below Gp A/Commissioned Officer
Rank before retirement and retired before attaining the age of 55 years :-
According
to para 4(d)(i) such reemployed 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 reemployed 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
cassed due to fixation of minimum pay is neglected here.
Illustration
as mentioned below :-
Sepoy ABC
Retired at the age of 36 Years and reemployed as Lower Division Clerk in the
pay scale of Rs 5830 (BP) + Rs 1900 (GP)
His
other details are as under :-
Last
pay drawn = Rs 9550 (BP) + Rs 1900 (GP) + Rs 2000 (MSP)+ Rs 300 (Class
pay)
Total
pay last drawn = Rs 13750/-
Pension
sanctioned = Rs 6875/- pm
Initial
pay of reemployed post = Rs 5830 + Rs 1900 = Rs 7730
Pay
fixation on his reemployment
Step - I Determination
of Initial pay of reemployed post = Rs 7730
Step-II Fixation of Initial pay = Rs
7730
From
above it is notable that the reemployed ex servicemen is allowed to draw only
minim pay of reemployed post which is Rs 6020/- less than his last pay drawn
before retirement, hence the undue hardship arises as his pre-retirement pay has been neglected.
From
the illustration (i) and (ii) above 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 Govt of
India which intended to get benefit to Ex officers and deprive the Ex
servicemen (PBOR). This Order was
formulated to serve the interest of burocrats/ Ex Gp A Officers category only
and discriminated created in terms of violation of Article 14 of Constitution
of India.
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 reemployed
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 reemployed post i.e. the grade pay of reemployed post only admissible in
such case. Total pay should be equal to the last pay drawn by the pensioner. .In
this regards your attention is invited to para 3(v) of DOPT OM No 3/19/2009-Estt (Pay 11)
dated 05 April
2010.
6. Pay of Reemployed Officers is fixed at
higher stage due to formula applied as prescribed in the CCS (Fixation of pay
of reemployed 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 which is contrary
to natural injustice and violation of Article 14 of 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 govt orders (DOP&T OM dt 05.04.2010). Circular of
Indian Banks Association in this regard may be referred to. Due to problem in
interpretation of Government orders issued on the subject matter, the
Department/Ministries under central govt. are not agreed to re-fix the pay of reemployed
ex-servicemen (PBOR) category as mentioned in para 4 above. The reemployed Ex-serviceman belong 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 made by the authority.
The victims need to fight for their rights against the system as it shows the
inability to pay the entitled wages to his own employees which is a
constitutional right of every citizen. Being Indian we all are aware of Indian
Armed Forces and service rendered by the soldiers and their supreme sacrifice
for the nation since its inception. Due to some ambiguity in the Office
Memorandum issued by DOP&T related to pay fixation Govt Depts denied to fix
the pay of ex-servicemen in higher stage.
The Jawans (PBOR) are deprived while in service and even after
retirement. As a result a large number
of ex-serviceman are suffering from financial hardship besides moral
depression. No body think about their family, their life. The policy makers never think about the
jawans, rather it was tactfully managed by them that the facility should not be
extended to Jawans who do not have any participation in formulating the policy.
Jawans are always busy to complete the task assigned to them. Discrimination created by the bureaucrats regarding
pay fixation of reemployed Officers and Jawans clarified with illustration above. The situation has been changed. Jawans are no
more just so called soldier. Besides
fighting for the country they have learnt to nurture their own family. So, they are now able to raise their voice
after retirement. In this digital era we can imagine that the information of
such discrimination/disparity easily spreads to the serving soldiers of the
three services. The bureaucratic, dictatorship, dominated ruling is over.
Hundreds of cases regarding pay fixation has been placed in the Central
Administrative Tribunal and higher Judicial systems of the country. It is notable that the pay of officers reached
at so high stage before retirement due to getting several promotions ( 3 Time
Bar (guaranteed) promotion within 13 years of service in Pay Band -IV, and one
time scale promotion within 20 years of service) and retirement age is more
than 55 years, inspite of deduction of a portion of pension, their initial pay
is always fixed at much higher stage, as a result they are always benefited
whereas the PBOR are always deprived &
neglected.
The
Personnel Below Officer Rank (PBOR) of the Indian Armed Forces mostly retired
on superannuation after completion of 17- 20 years of service at an average age
of 40 years in the rank of Havilder or Sepoy/Nk
and equivalent rank of Navy/Air Force.
Scope of resettlement in the Govt sector is too less whereas requirement
is too much. Only 3% veterans get
Govt job against the 5% Ex-serviceman quota reserved for Gp C
& D posts only. The eligible,
qualified and experienced Ex-serviceman recruited mostly in the Group
D/MTS/LDC/equivalent posts in the Central Govt in Pay Band –I (Rs 5200-20200)
with grade pay of Rs 1800/1900. The
initial gross pay/entry pay including DA and other allowances as on date is
appeared to be less than Rs 17000/-pm.
Pension sanctioned including DR at an average is now Rs 10,000/-
pm. The total monthly income after 20
years of service is Rs 27,000/- pm.
Whereas a central govt servant with similar profile and 20 years of
service is drawing his salary not less than Rs 50,000/- pm. Even a newly recruited LDC in any govt office
with only 7 years of service is drawing
Rs 30,000/-pm.
8. Service rendered by an Ex-serviceman
never can be compared with the fresher, as veterans have wide experience of
versatile nature of work, highly motivated, disciplined and trained for prompt
actions with demand of situation and it has been proved in the PSU/Banks that
the productivity/efficiency of the ESM category of manpower is almost 95% more
than the fresher and they have honoured their efficiency/service
experience in the form of allowing the
pay fixation/ protection of last pay drawn. According to the requirement of the
stages of life the minimum supported wages to the reemployed veteran who
sacrificed their youthfulness in the sake of the nation must be considered by
the competent authority. This is not a
mercy to the veteran, they deserve it and it is the right of the veterans who
were separated from family and relatives for a long, posted in the field/CI
Ops/Hazard area and dedicate their lives to serving their country to protecting
the people of India. Soldiers paid the
ultimate sacrifice for their country. Orders of the Commanding officer are the
last word for them. Soldier never thought on the battle field that it is
dangerous, he might get wounded, he might even die | Had they died, it would be because they laid
down their lives for their country. They
chose to obey without regard for the cost.
The living veteran may not have a grave marker as a memorial, but they
nevertheless gave much for our country. The memories linger. The competent authority should consider the
facts and issue necessary instructions to facilitate the benefit of pay
fixation to ex-serviceman (PBOR) on reemployment at the same stage as the last
pay drawn before their retirement.
9. After all it is a matter of shame in the realistic
view. Quoting the same authority /Govt orders
issued by DOP&T the PSU organizations and Banks have facilitate the pay
fixation to the ex-servicemen (PBOR) to fix the pay at the same stage as last
pay drawn before retirement but the department/ministries under central Govt. are
still not agreed to provide the entitlements to the reemployed ex-soldiers due
to ambiguous provisions. The rules and
orders regarding pay fixation has been formulated to give benefit only to the
Elite Class ( Gp A Officers/Commissioned Officers) only whereas the ex servicemen
(PBOR) gets a big zero.
REMEDIAL ACTION REQUIRED TO BE TAKEN
10. In view of the above it is requested
that, your good Ministry should workout the actual disparity arises out of the
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 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-employed
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.
Read :-
Para 4(b)(i)
where the pension
is fully ignored, the initial pay on re-employed
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 where it is felt
that fixation of pay of reemployed ex-servicemen at the minimum of pay scale
will cause undue hardship the pay may be fixed at a higher stage by allowing advance
increments until his pay reached at the same stage as last pay drawn before retirement.
In other words, If the amount of pay in reemployed post is less than the last
pay drawn before retirement from previous service, it will be treated as undue
hardship. Pension of the reemployed Ex-servicemen PBOR/personnel below Gp A
Officer of civil side is fully ignored for the purpose of pay fixation.
CONCLUSION
11. Once again it is requested that the orders
should be issued with free from any ambiguity, clearly mentioning the
feasibility of fixation of pay of the reemployed ex-servicemen belongs to below
officer rank at the same stage as the last pay drawn before retirement with
ignoring entire portion of pension. The
reemployed ex-servicemen (PBOR) should also be entitled to draw pension/PEG
separately. Thousands of reemployed
soldiers suffering from acute financial hardship due to very low earning even
after re-employed with Central Civil Services. They would get relief with the
right approach and a patriotic initiative if taken at your end.
Station :
Kolkata (West Bengal)
Date
: 24 June
2016 (Bikash
De)
Secretary
KREWA
