DETAILED CLARIFICATION OF PAY FIXATION OF RE-EMPLOYED EX-SERVICEMAN ON REEMPLOYED IN CENTRAL GOVT DEPARTMENTS/MINISTRIES
DOP &T has issued clerification regarding pay fixation of Ex-Servicemen recently to Dept of Post. They have clerified that the pay protection is not aplicable to reemployed PBOR. However, our demand was to avail the pay fixation and NOT pay protection. As the attitude of the govt is to deny our demand in any way and parity/anomalies are still there, we should choose the way of movement to get our rights. Just have a look through the matter below :-
Illustration of Pay Fixation of a retired Commissioned Officer reemployed as Section Officer According to CCS (fixation of pay of re-employed pensioner) Orders, 1986 (Revised from time to time).
Colonel ABC who retired at the age of 54 years.
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| Entry pay of his reemployed post :- Pay in the pay band – Rs 15600/- Grade Pay - Rs 5400/- Total Pay - Rs 21000/-
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His Pre retirement pay (Last pay drawn).
Pay in the pay band – Rs 53000/-
Grade Pay - Rs 8700/-
MSP - Rs 6000/-
Total Pay - Rs 67700/-
Pension sanctioned ( 50% of last pay drawn) = Rs 33,850/-
Ignorable part of pension for the purpose of pay fixation = Rs 4,000/-
Non Ignorable part of pension for the purpose of pay fixation = Rs 33850/- – Rs 4000/- = Rs 29850/-
Amount required to be deducted from the pay so fixed = Rs 29,850/-
Pay fixed in r/o Colonel (Retd) ABC in the reemployed post according to CCS (fixation of pay of re-employed pensioner) Orders, 1986 revised from time to time :-
Total pay to be fixed at the same stage as last pay drawn = Rs 67,700/-
Non ignorable part of pension required to be deducted = Rs 29,850/-
Net pay fixed on reemployment (allowed to draw) = Rs 37,850/-
(Subject to pay plus gross pension on re-employment should not be more than Rs. 80,000/-, the maximum salary payable to the Secretary to the Government of India under Central Civil Services (Revised Pay) Rules, 2008.)
Pay of the reemployed commissioned officer in the re-employed post of Section Officer is fixed as:-
Pay in the Pay band –III. Band pay = Rs 32,450/- Grade Pay = Rs 5400/-
Entry pay admissible to fresher/new recruit for the post of Section Officer recruited through UPSC:-
Pay in the Pay band –III Band Pay = Rs 15,600/- Grade Pay = Rs 5400/-
Additional benefit allowed to reemployed Gp A/Commissioned officer = Rs 16,850/-
This benefit of pay fixation is not allowed to re-employed ex-serviceman who belongs to below officer rank (PBOR).
Illustration of Pay Fixation of an Ex-Serviceman (Personnel Below Officer Rank) reemployed in the post of LDC. According to CCS (fixation of pay of re-employed pensioner) Orders, 1986
Havilder XYZ who retired at the age of 40 years.
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| Entry pay of his reemployed post (LDC):-
Pay in the pay band – Rs 5830/- Grade Pay - Rs 1900/- Total Pay - Rs 7730/-
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His Pre retirement pay (Last pay drawn).
Pay in the pay band – Rs 9550/-
Grade Pay - Rs 2800/-
MSP - Rs 2000/-
Classification Pay - Rs 300/-
Total Pay - Rs 14650/-
Pension sanctioned ( 50% of last pay drawn) = Rs 7325/-
Ignorable part of pension for the purpose of pay fixation = Rs 7325/- (entire pension/PEG)
Pay of the reemployed Ex Serviceman in the re-employed post of LDC is fixed according to Para 4 (b) (i) of CCS (fixation of pay of re-employed pensioner) Orders, 1986 (revised) :-
Pay in the Pay band –I. Band pay = Rs 5830/- Grade Pay = Rs 1900/-
Total pay = Rs 7730/- (Entry pay/minimum pay of the reemployed post as admissible to fresher/new recruit for the post of LDC recruited through SSC/other agencies)
Our demand is to fix the pay of reemployed ex-serviceman at the same as the last pay drawn before retirement in the following manner in this case :-
PROPOSED
Pay in the Pay band –I. Band pay = Rs 12750 /- Grade Pay = Rs 1900/-
Total pay = Rs 14650/-
Net benefit due to fixation of pay at the same stage as last pay drawn if
allowed = Rs 6920/-
From the above comparative illustration it is revealed that the re-employed Ex-serviceman who held below Commissioned Officer Rank in the Armed Forces at the time of their retirement, are being deprived and this is contrary to the natural justice and violation of fundamental rights. Commissioned Officers must get their entitled pay in their reemployed posts as mentioned in the relevant rules/orders issued by DOP&T but PBOR also should get the same if we consider them part of the Indian Armed Forces and we remember their sacrifice for our country.
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If the PBOR could have permitted to get their pay fixed according to the illustration given in para 4(b)(ii) of CCS Fixation of Pay of reemployed pensioners Rules 1986 read with DOP&T OM dated 05/04/2010 as the Commissioned Officers are allowed, it would have costs comparatively very little. But such discrimination as the practice is in vogue, is adversely affecting in the moral of our serving soldiers besides veteran. The social and realistic approach of the matter is required to be evaluated with a view of natural justice and well being of our veterans as well as the serving soldiers.
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.
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 (Copy of Circular of Indian Banks Association enclosed).
According to the requirement of the stages of life the minimum supported wages to the reemployed veteran who sacrificed their youthfulness in the sack of 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 for ex-serviceman (PBOR) on reemployment at the same stage as the last pay drawn before retirement.
THE NEXT STEPS
Now, we, the reemployed ex-servicemen should approach to the competent authority for necessary action to protect our rights and remove discrimination in the relevant issues in an organized form. So at first we should form an Association of Reemployed Ex-servicemen and the constructive and to the point representation should be produce before the authority supported by requisite documents on behalf of all members. All interested ESM are requested to send us the representation and your valuable view along with your application as per format attached. The list of authorities to whom we need to approach is as under:-
1. Department of Personnel & Training (Estt/Pay-II), Ministry of Personnel, Public Grievances & Pension,
With intimation to:-
2. Department of Administrative Reforms & Public Grievances.
3. Department of Pension & Pensioners' Welfare
4. Ministry of Finance, Department of Expenditure (through DOP&T).
5. Secretary, National Council (Staff Side), 13-C, Feroz Shah Road, New Delhi.
6. Department of Ex-servicemen Welfare, Ministry of Defence.
7. Kendriya Sainik Board.
8. Director General Resettlement, Ministry of Defence.
