FIGHT FOR RIGHT : PAY
FIXATION OF REEMPLOYED JCOS/OR
Pay fixation of
reemployed Ex-servicemen is a long pending issue and now I want to narrate the
entire case history and present status of the case. After putting several years
of bona fide military service in Indian Armed forces, soldier, sailors and
airmen are left in uncertain civil life at their middle age. A very few of them
only get reemployed in Govt department . Burt their pay is fixed at the entry
pay which is applicable to a just college pass out new teenager recruit.
Whereas the retired JCOs/OR at this time heavily shucked with burden
maintain his family in terms of education & marriage of children, built a
shelter and take care of old age parents.
To see the video please click here : PAY FIXATION OF REEMPLOYED EX SERVICEMAN
 |
| To watch video click on the picture above |
Here I would like to narrate the
entire issue since back in 1958. You may watch video on link given above to know this entire facts.
In 1958, Ministry of Finance,
Department of Expenditure issued guidelines regarding modalities of pay
fixation of all ranks. At that time pay fixation at higher stage was applicable
to the reemployed persons who were in undue hardship. The parameter of undue hardship was
determined with some simple arrays. It was in simple form like that, If your pay in reemployed civil post plus
pension sanctioned less ignorable part total amount
is less than pre-retirement pay the condition will be treated as undue
hardship. In such cases, advance
increment was granted equal to number of years served in Armed forces.
In 1983 the system turned more
simplified. Entire pension of JCOs/OR
treated as ignored for the purpose of pay fixation. As a result if your present pay of civil post
was less than your pre-retirement pay then you were eligible to be treated
under undue hardship. Advance increment
was still applicable.
In 1986 the controlling
authority of pay fixation related orders shifted from Ministry of finance to
DOPT. After implementation of 4th CPC on 31 July 1986 DOP&T
issued guidelines where modality of pay fixation has divided in to two
different categories. The first one is
for Retired Commissioned officers or Gp A officers of Civil sides. And another
set of orders for reemployed JCOs/OR or equivalent civil post.
A re-employed commissioned
officers who retired before 55 years of age and appointed in any civil
post, he will be allowed to draw the pay in civil post at the same stage as the
pay drawn before retirement. Deduction will be made after allowing all pay and
allowances on the pay so fixed. The deduction amount is equivalent to pension
less non ignorable part of pension (Rs
15,000 at present).
For illustration Col XYZ retired with basic pay Rs 1,60,000/-
+ MSP 15,500
Pension = Rs 87,750/- + DR =
Total Rs 1,06,178/-
Reemployed in Gp
A Central Civil Services with initial pay Rs 56,100/- + DA (21%) +
TA(7200+21%DA) + HRA (24%) = 90,057/-
(Pay + pension should not exceed 2,25,000 - 87,500 = Rs 1,37,250 In this case
the pay to be fixed & restricted to
Rs 1,37,250/-) (as
per DOPT OM dt 01.05.2017 effected
from 01.01.2016)
His pay will be fixed at Rs 1,37,250/- + DA (21%)+
TA(7200+21%DA) + HRA (24%)
= Gross pay Rs 2,07,725/-
Deduct
Pension (Less ignorable
part) - Rs 80,000 – 15,000/- =
65,000/- (MSP element of
pension not to be counted )
Net salary drawn – Rs 2,07,725 – 65,000/- =
1,42,725/-
His total income Pay + pension = Rs. 1,42,725/- + Rs. 87,750/- = Rs
2,30,475/-
(DR on pension not applicable)
In case of non applicability of pay fixation benefit his
total income would have (Pay + Pension
with DR)
Rs 90057/- +
106178/- = 1,96,235/-
So, the senior
officer is benefited by Rs 2,30,475 – Rs 1,96,235/- = Rs 34,240/
Now,
the JCOs/OR who retires before 55 years of age :-
Pay
to be fixed at minimum of pay applicable to new recruit on the reemployed post.
Hence,
they are totally ignored and no pay fixation benefit is applicable to this
category.
Question
of illustration does not arise here.
From
the above facts following three things are extracted:-
1)
Policy
makers always think about their own category. Welfare of other categories done
not makes any sense to them.
2)
Joining
defence forces in other than commissioned rank is a matter of pride, because we
have the ability to live without any special provisions of government.
3)
The
things which are getting wrong with someone else do not bothered others.
This 1986 DOPT orders
was applicable to employees of Central Civil Services only. Bank and other PSU and some stat government
employees were allowed to get the pay protection, the methodology which was
different this and ultimately these reemployed JCOs/OR were ultimately
benefitted enough.
Meanwhile
RTI Act 2005 enforced.
In the year 2010 Govt
of India issued another set of
instructions regarding applicability of pay fixation which caused huge
ambiguity in interpretations and some department started giving pay fixation
benefit to reemployed JCOs/OR. Ignorable
part of pension increased from Rs 1,500 to Rs 4,000/- for Commissioned Officers.
Those who did not get the benefit, raised their voice through RTI applications
and PG Portal. Ultimately all central Govt department seized to extend the pay
fixation benefit to reemployed JCOs/OR. Approx 400 Court case raised in different part
of the country.
In the course of
time, re-employed ex-servicemen united at their respective department level and
regional level. Various reemployed ex-servicemen associations approached the
Directorate of Ex-Servicemen Welfare (DESW) under Ministry of Defence and they
have ultimately convinced and accepted the injustice and discrimination in the
1986 pay fixation orders and agreed to make necessary rectification.
They promised to
issue suitable instructions to fix the pay of JCOs/OR at par with the
Commissioned officers but the CCS (RP) Rules , Fixation of pay of reemployed
pensioners 2016 failed to incorporate any such instructions in this regard.
Meanwhile, in the
year 2017, the All India Ex-Servicemen Association formed which was recognized
by Ministry of Defence and other stake holders. The Association met Govt authorities
in formal meeting to discuss the anomalies in 2016 pay fixation orders. After repeated requests and reminders and a
number of meeting held with Ministry of Defence and DOP&T, finally DOP&T has drafted the revised order of
pay fixation which is at par with the
pay fixation method adopted earlier for Commissioned Officers which were
circulated to the stakeholders for necessary review and recommendation at their
end.
During the recent
meeting held with the authority, they assured us that the final orders will be
issued very soon once the draft reviewed by the stake holders and received at
their end.
Salient features of
the Proposed Pay fixation Orders of DOP&T are as given below :-
CCS (RP) Fixation of pay of reemployed pensioners
rules 2019.
1. Modalities of pay fixation for JCOs/OR will
be at par with other categories.2. Ignorable part of
pension will be 15000 or 70% of pension whichever is less.
3. DR on pension will be seized for entire
reemployment period.
4. Will be effective from 01.01.2016 and
retrospective effect is applicable to existing reemployed pensioners.
5. MSP, class pay & x pay will not be
counted as part of
pre-retirement pay.
6. Combatant clerks will be treated at par
with other categories
7. Age limit for ignoring a part of pension increased from 55 to 57.
Here is an
illustration of pay fixation of a reemployed Hav of Indian Army (Level 5 of Pay
matrix) who retired from armed forces in
30.04.2020
ILLUSTRATION (PROPOSED DOPT PAY FIXATION RULES-2019) :
Last pay in Armed force : Rs 46,000/- +
5200(MSP) +6200 (X Pay)
+ 360 (Class-I pay) = Rs 57760/-
Initial pay of civil post : Rs 29,200/-
Pension sanctioned : Rs 28,880/-
Pay to be fixed : Rs 46,000/- + DA + HRA +
other
allowances = Rs
71,056/-
Deduction : Rs 23,000 – 70% of 23,000
= Rs 8790/- (MSP, X Pay, Class pay etc are not to
be counted)
Net pay in civil post = 71,056 – 8790 =
62,266/-
Net pension in civil post = 28,880/-
(including commuted portion)
No DR applicable.
Total pay + Pension = 62266 + 28880 = Rs 91146/-
ILLUSTRATION (AT PRESENT AS PER 1986 PAY FIXATION RULES) :
Last pay in Armed force : Rs 57,760/- (PAY IN PAY MATRICS ONLY)
Initial pay of civil post : Rs 29200/- (Auditor/Accountant grade)
Pension sanctioned : Rs 28880/-
Pay to be fixed : 29200/- TA(3600+21%DA)+
DA(21%) + HRA(24%)
= Rs 46696/-
Deduction : Nil
Net Pension
=
28880/- + DA 21%
= Rs. 34945/- (including commuted
amount)
Total pay + Pension = 46696 + 34945 = Rs 81641/-
So, net
difference = 91146 – 81641 = Rs 9505/-
The final Orders is likely to be issued by DOPT very soon. Case has been taken with DOPT by AIREXSA for inclusion of all elements of pre-retirement pay for purpose of fixation of pay in civil post.
A DETAILED VIDEO IN THIS REGARD WILL BE
PUBLISHED IN OUR YOUTUBE CHANNEL EXSERVICEMAN INDIA
Please SUBSCRIBE the
Channel so that the information spread to wide population and you will get more
information on Pay fixation and welfare of Exsm,
To get amazing Mind and Memory Power, Motivation and preparation tips please subscribe Wonder Memory channel by clicking here :
Click on Yes to Subscribe.
