LETTERS WRITTEN TO HIGHEST DIGNITORIES BY EX-WO PR BALATHILAKAN ON OROP

      THE FOLLOWING IS POSTED FOR INFORMATION OF ALL CONCERNED:
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      The following actions with regards to submission of letters, memoranda and presentations to various High Dignitaries have been initiated by Warrant Officer P.R. Balathilakan (Retd.) with his vigorous efforts. He has very good rapport while dealing with the subject of ONE RANK ONE PENSION with many High Dignitaries such as all M.Ps. from Kerala, present and past Chief Ministers of Kerala, all Central Ministers from Kerala including Shri A.K. Antony, Defence Ministers, Private Secretaries of the Hon’ble the President of India and Bureaucrats accessible to him in various Ministries on the above subject.

To,

The Hon’ble the President of India
Rashtrapati Bhavan New Delhi

Sub : ONE RANK ONE PENSION : EX-SERVICEMEN

Hon’ble Madam,

I on behalf of all Ex-Servicemen salute your Excellency for announcing the grant of ONE RANK ONE PENSION in your opening remarks of parliament session on 4th June, 2009. Your Excellency while addressing both houses of Parliament on 4th June, 2009 was pleased to announce that Government has appointed a High Level Committee under the Chairmanship of Cabinet Secretary and the Committee expected to deliver its recommendations by end of June, 2009. It was nice to know that the government had announced implementation of Committee’s recommendations with regards to ONE RANK ONE PENSION in the budget speech. Even Hon’ble Prime Minister while unfurling National Flag and addressing the Nation on the eve of 62n Independence Day on 15th August, 2009 had announced that we must protect the interest of our Defence Forces. On this occasion, he also announced that the Government had implemented ONE RANK ONE PENSION for the past Ex-Servicemen pensions.

The recommendations report which was submitted to the Government by the Cabinet Secretary does not contains much improvement in the pension of all pre-2006 pensioners and your assurance on the subject of ONE RANK ONE PENSION has totally diluted. Further, there is no concrete information as to how much pension have been sanctioned to all pre-2006 Ex-servicemen to make their pension equal to ONE RANK ONE PENSION. We have consulted/contacted concerned Departments of Ministry defence, but nobody is interested to supply this information. Therefore, it is apprehend that there may be very less improvement in pension.

It is submitted for your Excellency information that your directions with regards to grant of ONE RANK ONE PENSION has been negated by our bureaucrat brothers who are actually implementing the Govt. decision. We have no grievances against our Prime Minister, Defence Minister on this aspect, but it appears that the directions of our Prime Minister or Defence Minister that one rank one pension has been granted are not being implemented by the bureaucrats at Ministry of Defence

It is for your further information that the Ex-servicemen communities are very unhappy with this development as they have been deprived of their legitimate due since long and the recent announcement of the Govt. has betrayed them as the announcement is totally differ from the implementation. It is further submitted that 60% of the present strength of soldiers in Indian Armed Forces belong to the kith and kin of Ex-servicemen and are aware of their plight of their elders. This may create more dissatisfaction as today’s servicemen is tomorrow’s Ex-servicemen. So we request your Excellency to use your supreme power and impress upon the Govt. to grant ONE RANK OEN PENSION to Indian Armed Forces for the betterment of the country.

In view of the above, Your Excellency may personally intervene and solve this problem as the Ex-servicemen communities are restless about this tardy attitude of the staff at Ministry of Defence for not implementing your direction.

A copy of our suggestions with regards to the Cabinet Secretary’s Recommendations is also enclosed for your kind perusal and further directions.

Thanking you,

Yours faithfully,
(P.R. Balathilakan)
Co-ordinator IESM.
07/10/2009
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To,

Shri Manmohan Singh,
Hon’ble the Prime Minister
South Block, New Delhi

Sub : PARITY IN PENSION : BETWEEN PRE AND POST – 1.1.2006 EX-SERVICEMEN PENSIONERS

Sir,

I on behalf of millions of Ex-Servicemen salute you. It was quite encouraging when with your blessing Hon’ble Finance Minister announced in a maiden Budget speech on 6th July, 2009 that UPA Government has considered grant of ONE RANK ONE PENSION to Ex-Servicemen and finally the same has been granted. This legitimate demand was pending quite some years and finally it was your Government who actually took a bold step to fulfil the same. Your Highness also during Your address from Red Fort on 15th august, 2009 had categorically announced that Government will strive hard to uphold the dignity of all Ex-Servicemen and will endeavor to look after their welfare for their sacrifice rendered to safeguard the safety, unity and integrity of the Nation. On that occasion, Your Highness also presented to the countrymen that the UPA Government has granted the long pending demand of Ex-Servicemen i.e. ONE RANK ONE PENSION in toto.

Further, on various forums, Hon’ble the defence Minister had stressed that though it may not be feasible to grant ONE RANK ONE PENRISON but Government will definitely solve it and will improvement the pension of pre-2006 Ex-Servicemen which will be very close to ONE RANK ONE PENSION.

I want to draw your kind attention that the above quotation of Your Highness, specifically Your Honor’s announcement from the red Fort on 15th August, 2009 made Ex-Servicemen communities and their families to feel more excitement about grant of ONE RANK ONE PENSION. It is only your Government who had/have looked after our defence forces in a befitting manner.

I would like to submit here that though our Leaderships are quite affirmative about grant of ONE RANK ONE PENSION, but the real picture has been totally diluted by our Bureaucrat Brothers after putting so many words such as “if, not, but, how where, why” etc. etc. in the Recommendations submitted by Hon’ble Cabinet Secretary, thereby jeopardizing the very purpose of your announcement. This had led to only partial improvement in pension and not in its full form.

Sir, we are not at all demanding more pension for us, but are only requesting Your Honour to bring parity in pension between all Ex-Servicemen retired before 1.1.2006 with the pension of Ex-Servicemen retired/retiring after 1.1.2006 within the hierarchy of their respective ranks and years of service put up in the defence forces.

Sir, lastly I solicit and request Your Hour’s to impress upon our civilian brothers who are in-charge of enforcing the promises made by Your Honor to 23 Lakhs Ex-Servicemen for grant of ONE RANK ONE PENSION to implement the same in its full form. Please keep your promise, Sir.

Thanking you,

Yours faithfully,
(P.R. Balathilakan)
Co-ordinator IESM
09/10/2009
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To,

Shri Pranab Mukherjee,
Hon’ble the Finance Minister
Government of India
North Block New Delhi

Sub : PARITY IN PENSION : BETWEEN PRE AND POST – 1.1.2006 EX-SERVICEMEN PENSIONERS

Sir,

I on behalf of millions of Ex-Servicemen salute you. It was quite encouraging when with your Honour had announced alongwith your maiden Budget speech on 6th July, 2009 that UPA Government has considered grant of ONE RANK ONE PENSION to Ex-Servicemen and finally the same has been granted. This legitimate demand was pending quite some years and finally it was your Government who actually took a bold step to fulfil the same. Hon’le Prime Minister also during his address from Red Fort on 15th August, 2009 had categorically announced that Government will strive hard to uphold the dignity of all Ex-Servicemen and will endeavor to look after their welfare for their sacrifice rendered to safeguard the safety, unity and integrity of the Nation. On that occasion, he also presented to the countrymen that the UPA Government has granted the long pending demand of Ex-Servicemen i.e. ONE RANK ONE PENSION in toto.

Further, on various forums, Hon’ble the defence Minister had stressed that though it may not be feasible to grant ONE RANK ONE PENRISON but Government will definitely solve it and will improvement the pension of pre-2006 Ex-Servicemen which will be very close to ONE RANK ONE PENSION.

I want to draw your kind attention that the above quotation of Your Highness, specifically Your Honor’s announcement on the floor of Parliament on 6th July, 2009 made Ex-Servicemen communities and their families to feel more excitement about grant of ONE RANK ONE PENSION. It is only your Government who had/have looked after our defence forces in a befitting manner.

I would like to submit here that though our Leaderships are quite affirmative about grant of ONE RANK ONE PENSION, but the real picture has been totally diluted by our Bureaucrat Brothers after putting so many words such as “if, not, but, how where, why” etc. etc. in the Recommendations submitted by Hon’ble Cabinet Secretary, thereby jeopardizing the very purpose of your announcement. This had led to only partial improvement in pension and not in its full form.

Sir, we are not at all demanding more pension for us, but are only requesting Your Honour to bring parity in pension between all Ex-Servicemen retired before 1.1.2006 with the pension of Ex-Servicemen retired/retiring after 1.1.2006 within the hierarchy of their respective ranks and years of service put up in the defence forces.

Sir, lastly I solicit and request Your Hour’s to impress upon our civilian brothers who are in-charge of enforcing the promises made by our Hon’ble Prime Minister, Your Honor and Hon’ble Defence Minister to 23 Lakhs Ex-Servicemen for grant of ONE RANK ONE PENSION to implement the same in its full form. Please keep your promise, Sir.

Thanking you,

Yours faithfully,
(P.R. Balathilakan)
Co-ordinator IESM
09/10/2009
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To,

Shri Rahul Gandhi,
Hon’ble the General Secretary
A.I.C.C. New Delhi

Sub : PARITY IN PENSION : BETWEEN PRE AND POST – 1.1.2006 EX-SERVICEMEN PENSIONERS

Sir,

At the outset we all Ex-Servicemen salute and congratulate you and your party’s magnificent victory in the General Election and thereafter, in the recent concluded Legislative Assembly Election. It is indeed a great pleasure for the Ex-Servicemen community to support your party and indebted for the announcement of implementation of ONE RANK ONE PENSION to us.

Sir, we would like to draw your kind attention towards your announcement during the various election rallies in Uttaranchal that if, UPA returns to power, will make the provision of ONE RANK ONE PERNSION for the Ex-Servicemen. A copyof such election rally with Hon’ble Mr. Harish Rawatji is enclosed for your ready reference and perusal, please. Sir, please do not forget your promise made to millions of Ex-Servicemen and you should stand by it. In addition to this, Her Excellency, the President of India on 4th June, 2009 had categorically announced that the Government will be definitely grant ONE RANK ONE PEJSION. Fruther, this was later ratified by Hon’ble the Finance Minister in his Budget speech. On 15th August, 2009 Hon’ble the prime Minister addressed that Government will strive hard to uphold the dignity of all Ex-Servicemen and will endeavor to look after their welfare for their sacrifice rendered to safeguard the safety, unity and integrity of the Nation. On that occasion, he also presented to the countrymen that the UPA Government has granted the long pending demand of Ex-Servicemen i.e. ONE RANK ONE PENSION in toto.

Further, on various forums, Hon’ble the defence Minister had stressed that though it may not be feasible to grant ONE RANK ONE PENRISON but Government will definitely solve it and will improvement the pension of pre-2006 Ex-Servicemen which will be very close to ONE RANK ONE PENSION.

Sir, I want to draw your kind attention that the above porimise/assurance of Hon’ble the President, the Prime Minister, the Finance Minister, the Defence Misters at different forum, specifically Your Honours announcement at various Election Rallies in Uttaranchal made the Ex-Servicemen communities and their families to feel more excitement about grant of ONE RANK ONE PENSION. It is only your Government who had/have looked after our defence forces in a befitting manner.

I would like to submit here that though our Leaderships are quite affirmative about grant of ONE RANK ONE PENSION, but our Bureaucrat Brothers are putting avoidable obstructions such as legal, administrative and financial etc. etc. before the Hon’ble Minister. Sir, all citizens are liable to lay their life for the sake of Nation’s integrity, but practically, it is only Defence Forces who are dying every day for the sake of country’s safety and security. So in that scenario, compensating their past contribution with ONE RANK ONE PENSION, the obstructions of legal, administrative or financial constraints should not come into picture.

Sir, we are not at all demanding more pension for us, but are only requesting Your Honour to bring parity in pension between all Ex-Servicemen retired before 1.1.2006 with the pension of Ex-Servicemen retired/retiring after 1.1.2006 within the hierarchy of their respective ranks and years of service put up in the defence forces.

Sir, lastly I solicit and request Your Hour’s to utilize your gesture to fulfil the promises made by our Hon’ble the Prime Minister, Hon’ble the Finance Minister, Hon’ble the Defence Minister and Your Honour to 23 Lakhs Ex-Servicemen for grant of ONE RANK ONE PENSION. Please keep your promise, Sir.

Thanking you,

Yours faithfully,
(P.R. Balathilakan)
Co-ordinator IESM
28/10/2009
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To,

Hon’ble the President of India
Hon’ble the Prime Minister
Hon’ble the Finance Minister
Hon’ble the Defence Minister
The Cabinet Secretary
The Defence Secretary
Secretary, Dept. of Ex-Servicemen Welfare Section, MOD
Shri Habans Singh, Director (Pension), Sena Bhavan

Sub : PARITY IN PENSION : BETWEEN PRE AND POST – 1.1.2006 EX-SERVICEMEN PENSIONERS

Sir,

We are quite grateful to Hon’ble the Cabinet secretary for sparing his valuable times to meet our delegation on 11th June, 2009 with regard to appraising His Highness about the grievances to Ex-Servicemen about grant of ONE RANK ONE PENSION. Hon’ble Cabinet Secretary was quite affirmative and had assured that the interest of all Ex-Servicemen especially pre-2006 will be taken care while recommending the issue of ONE RANK ONE PENSION. However, it is quite disheartening to learn from the recommendation dated 30th June, 2009 that there is no much significant improvement in the pension of pre-2006 Ex-Servicemen pensioners, while comparing with the pension of post-1.1.2006 pensioners. This scenario will further aggravate, once pension @ 70% of pay last drawn is sanctioned to post-1.1.2006 PBOR pensioners.

It is pertinent to mention here that the Recommendations are fully grasp by the inability to grant OROP due to administrative and legal hurdles. The Ex-Servicemen and Service personnel of Armed Forces have put up their best ability for the safety and security of the Nation. Their services may not be compared with the civilian while considering the issue of OROP. The contention that OROP, if granted will invite similar demands from the quarters is totally untenable. It has been our experience and knowledge that our civilian brothers have no complaint or wrath about extra benefits/privileges extended to Defence forces for their multiple roles and voluminous assignments. So the Committee’s findings on this account are not justifiable.

We have some suggestions about the recommendations which may kindly look into and ONE RANK ONE PENSION if not feasible, the following may be considered favourably:

Relevant para No. in the Report Committee’s Observations/ Recommendations Our suggestions

2.5 (i) In the case of Commissioned Officers, total parity may be brought between pre-1.1.2986 and post- 1.1.1986 retires by notional fixation of pay in the post-1.1.1986 scales and the notional revised pension be worked out on the basis of this pay. Thereafter, for all pre-1.1.1996 retirees the fitments formula suggested for past civilian pensioners i.e. Basic Pension+ Dearness relief + Interim Relief + Interim relief 1 (Rs. 50) +Interim Relief 2 (10% of Basic Pension)+ 20% (revised by Govt. to 40%) of Basic Pension, may be applied. If the resultant figure falls short of the minimum pension application to the post-1.1.1996 retirees for the rank held, it may be stepped up to the minimum pension prescribed for the rank. As was done to bring parity of pension between pre-1.1.1986 and post-1.1.1986 retirees and where the pension figure of pre-1.1.1996 fall short of the minimum pension applicable to the post-1.1.1996 for the rank held, the pension f pre-1.1.1996 retirees was stepped upto the minimum pension prescribed for the rank.

We now request that the same formula may be applied for pre-1.1.2006 pensioners and their pension may be stepped up and brought at par with the pension of post- 1.1.2006 retirees.

2.5 (ii) In the case of PBORs, the need for notional fixation of pay does not exist in view of the existence of pension tables. Therefore, for PBOR all pre-1.1.1986 pensioners may be brought on to post – 1.1.1986 levels by bridging the present gap in the pension tables and the same fitment formula on pension as for offices may be applied. If the resultant figure falls short of the minimum pension for the rank and group for post – 1.1.1996 retiree, it may be upgraded to that level. In the case of PBOR, similar formula as envisaged for pre- 1.1.1986 PBOR pensioners may be applied to and the pension of pre-1.1.2006 PBOR pensioners of each rank and group may be stepped up and brought at par with the pension of post – 1.1.2006 PBOR pensioners belonging to respective rank and group.

2.9 Finally, the GOM unanimously recommended that the pension of pre-1.1.1996 PBOR retirees may be revised with reference to maximum of post -1.1.1996 pay scales. In additional, the weightage of Sepoy, Naik and Havaldar rank for past as well as future retirees be increased to 10, 8 and 6 years respectively subject to a maximum of qualifying service of 30 years. The benefit was given only for service pension. The benefit of the above recommendation took effect from 1.1.2006. Since after implementation of 6th CPC, the fixation of pension of PBOR with reference to maximum of pay scales in the respective ranks has been dispensed with, the formula of stepping up of pension of pre-1.1.2006 PBOR may be adopted to and their pension may be brought at par with the pension of post- 1.1.2006 PBOR pensioners. As a result of which the weightage has no relevance and may be scrapped.

5.2 (a) To Reckon the pension of all pre-1.1.2006 PBOR pensioners wit reference to a notional maximum in the post 1.1.2006 revised pay structure corresponding to the maximum of pre-sixth pay commission pay scales as per fitment table of each rank. These stop gap recommendations of the Committee will still not be sufficient to bridge gap of pension between pre and post 1.1.2006 pensioners. The disparity will be further complicated, once 70% last pay drawn given as pension to post – 1.1.2006 pensioners. Hence, our suggestion with reference to Committee’s presentation vides Para Nos. 2.5 (i) and 2.5 (ii) may please be implemented.

8 (iii) This dispensation xxxxxxxxxxxxxxx xxxxxxxxxxxxxxx. Since this is a new concession aimed at improving the pension of PBORs, the benefit will be given prospectively and no arrears are to be given It is submitted that the benefits ought to have been sanctioned retrospectively from 1.1.2006, on implementation of 6th CPC Recommendations. Though the same was not considered by 6th CPC and the Govt. has taken a belated action after 3 ½ years with no fault of ex-Servicemen community, should have considered the case alongwith other matters at the time of accepting and implementing the 6th CPC Reports during August, 2008. There are evidence that the Govt. had altered/ enhanced/ modified/ introduced several benefits to the beneficiaries which were not recommended by 6th CPC and had effected the benefits which may be entitled to the PBORs with the improvement of pension may be sanctioned from 1.1.2006 and not from 1.7.2009.

Since, the Committee in its reports has rightly summarized the past precedence of stepping up of pension formula for pre- 1.1.1986 and pre-1.1.1996 pensioners by which their pensions were brought at par with the post – 1.1.1986 and post – 1.1.1996 pensioners, we now request and solicit your honour to kindly extend the same formula for the present and the pension of pre-1.1.2006 pensioners may be stepped up and brought at par with post – 1.1.2006 Ex-Servicemen pensioners.

Sir, before concluding our submission, I would like to appreciate the statement of Mr. Harbans Singh, Director, Pension, Ministry of Defence that the Government has made significant improvements in the Pay and Allowances of Defence personnel in the 6th CPC. We agree with his remarks that tremendous improvements have been given to serving Defence personnel and retired Ex-Servicemen retired on or after 1.1.2006. But he has no answer about the tremendous improvement given for pre-1.1.2006 Ex-Soldiers who in their service period were fighting the enemies in 1962, 1965, 1971, 1988 (IPKF), 1999 (Kargil War) etc. etc. and have to fight now for their survival. The significant improvements should have been equally extended and covered all and not a particular group. Please look into these aspects carefully and seriously to find an amicable solution.

In view of the above, we request to the concerned authorities to be more sympathetic and consider the suggestions and given the legitimate dues to the pre-1.1.2006 Ex-Servicemen Pensioners.

Thanking you,

Yours faithfully,
(P.R. Balathilakan)
Co-ordinator IESM
07/10/2009
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(SOURCE : REPORT MY SIGNAL BLOG)

TENSION/ANXIETY OF EXSM TO KNOW THE DETAILS OF THEIR REVISED PENSIONS AS PER OROP

        THE FOLLOWING IS POSTED, IN RESPONSE TO A QUERY MADE BY A SENIOR MWO, RETIRED IN 1975(34 YEARS BACK) HAVING SERVED ABPOUT 32 YEARS(34+32=66=16 YRS AT THE TIME OF JOINING, HE IS ABOVE80YRS). AND HE HAS BEEN, FOR QUITE SOME TIME,  SEEKING DETAILS OF HIS PENSION AS PER OROP. 

THIS INFORMATION SENT TO HIM BY E-MAIL TODAY MAY BE A SMALL SOLACE:-
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DEAR MWO MK GANGADHARAN SIR,


MY SALUTATIONS. I UNDERSTAND YOUR ANXIETY.

THE GOVT HAVE NOT AGREED FOR OROP. BUT THE CoS COMMITTEE HAD RECOMMENDED SOME OTHER METHOD FOR ENHANCEMENT OF PRE-2006
PENSIONERS WHICH HAS BEEN ACCEPTED BY THE GOVT. AND BASED ON THIS
REPORT, THE NEW PENSION ORDERS ARE NOT YET ISSUED BY THE GOVT. THE
CoS RECOMMENDATIONS ARE:-

(1) To RECKON the Pensions of all Pre-1.1.06--ORs Pensioners, with reference to a 'NOTIONAL MAXIMUM" in the POST 1.1.06 REVISED PAY STRUCTURE Corresponding to "THE MAXIMUM OF PRE-6TH CPC Pay Scales, as per the FITMENT TABLE of each rank, AND

(2) Also to continue THE ENHANCED WEIGHTABE AWARDED BY THE GOM.

Thus, the NOTIONAL MAXIMUM in the post -1.1.06 Revised Pay Structure, corresponding to the MAXIMUM OF Pre-06th CPC Pay Scales) is mentioned against each rank of X and Y groups.. From this figure, the Existing Basic Pension is deduced after applying the Pension calculation formula (Notional Max.amt /2 x 15 yrs+wtg/33). Then the EP is added with 50%DP+ 40%weghtage. All the details are taken from AFSI 1/S/08.

An attempt is made by me, based on the ABOVE FORMULA, for arriving at THE EXISTING PENSION rates(@MINIMUM FOR 15 YRS ONLY), as deduced below:-

MWO(9550)-17770/2X--DITTO--=5385+2693+2154 = 10232 R/OFF TO 10240 (for a minimum period of 15 years of minimum reckonable service only).

PLEASE NOTE THAT THIS IS NOT OFFICIAL AND NOT BASED ON PRESCRIBED
GUIDELINES BUT A TENTATIVE CALCULATION ONLY. THIS IS JUST FOR AN
IDEA/UNDERSTANDING ONLY.

I shall inform you, as and when the exact pension, after the Govt orders are issued by the Govt.
This is for your kind information, please.

WELCOME AND WILL BE HAPPY TO HELP YOU, SIR.

GAVINI VN
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Tricity ex-servicemen decide against returning medals

      The following is posted for the benefit of information of all:-
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CHANDIGARH: Some organizations of retired defence personnel from the Tricity have decided that their members will not return their gallantry medals on October 25 in Delhi, which had been planned to push their one-rank- one-pension (OROP) demand. The organizations’ members said they had severed ties with Indian Ex-Servicemen Movement (IESM), which had called for this protest Lt Col (retd) SS Sohi, spokesperson of Indian Ex-Servicemen League (IESL) said the decision was taken after prime minister Manmohan Singh assured that he would take personal interest in resolving the OROP issue.

He also stated that PM had spoken against negative remarks by a committee of seven IAS officers regarding OROP last month and directed defence ministry to hold fresh meetings with ex-servicemen to deal with this demand. He stated that surrendering medals despite PM’s assurance would be against the spirit of democracy.

He added that IESM’s Lt Gen Satbir Singh, who gave the call for this protest, was hand in glove with opposition parties.
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(SOURCE : IESM)

OROP DEMAND : MORALE OF DEFENCE PERSONNEL

1.        All Veteran brothers are requested to go through this excellent article written by eminent writers on the subject, Shri N S Chakravarthy (ns_chak@yahoo.com) retired as a Senior Official in the Telecom Commission. S G Vombatkere (sgvombatkere@hotmail.com) retired at the rank of Major General
from the Indian Army.

2.        One more article on  The Burden of Military Pensions by Shri Gautam Navlakha, is also posted at the end of the above articles.

          Please CLICK HERE for full details of the article.

        ****************

EXCHANGE OF CORRESPONDENCE ON CoS REPORT APPROVAL BY GOVT

1.       The following extracts of correspondence is posted for the information of all Veteran Brothers:-

**********
Dear Praveen,

1.       I fully understand and appreciate your institutional loyalties. While these certainly are concessions, but none of these is even remotely related to OROP. The report does not touch equating pre 1.1.2006 with post 1.1.2006 pensioners which is the essence of OROP.

2.       While you may be perfectly justified in highlighting these as UPA concessions to the Ex Servicemen, grouping these under the heading of OROP unfortunately amounts to misleading the pensioners.

Best regards,

Lt Gen (Emeritus) Raj Kadyan, PVSM, AVSM, VSM

Chairman IESM

*******

Letter from Praveen

1.         I am forwarding below an extract from the recommendation of the committee headed by the Cabinet Secretary in respect of OROP which have been approved recently by the UPA Government.

Extract

         On the basis of MoD’s proposal and some initiatives of the Finance Ministry/Cabinet Secretariat the following have been approved by Government:

(i) Inclusion of classification allowance for PBORs from 1.1.06.

(ii) Removal of linkage of full pension with 33 years from 1.1.06

(iii) Revision of Lt. General Pension after carving out a separate pay scale for them.

[These proposals emanate from Sixth CPC’s Report and are to be implemented w.e.f. 1.1.06].

(iv) Bringing parity between pension of pre and post 10.10.97 PBOR pensioners

(v) Further improving PBOR pensions based on award of GoM, 2006.

[These are new concessions aimed at improving the pension of PBORs, hence the benefit would be given prospectively].

(vi) Broadbanding of percentage of disability/ war injury pension for pre-1.1.96 pensioners from a prospective date.

(vii) Removal of cap on war injury element of pension since the existing cap denies full benefit of war injury element. This shall be effected prospectively.

            The UPA government deserves our grateful thanks for approving the recommendation on OROP. I shall be grateful if you could kindly give the above wide publicity and email this to all Ex-Servicemen in contact with you.

With regards.

Capt Praveen Davar (Retd)

Secretary, AICC

*********************************************************

Demand and                                                              Reality
Ex-servicemen                                                           Government

The demand  orOROP                                               Stalls proposal
Employment in paramilitary forces                                No response

National Commission                                                    No response

Representation on welfare committees                            No response

MoD closes gap of pre and post 1996 pensioners


(SOURCE : REPORT MY SIGNAL)

OROP LEGAL VIEWS ; LT GEN MG KAPOOR (RETD)

          All Veteran Brothers may feel lucky to have access to the expert views on the subject of OROP affecting every veteran as can be seen below(for information of all ):- 


"""""Date: Sunday, 6 September, 2009, 2:03 PM

My Dear VK,

            I have gone through your write up on 'OROP'. It made an interesting reading. But permit me to say that your conclusions from the Apex Court judgments are not correct.

             Firstly, the question before the Constitunal Bench of the Apex Court in Nakra's case was not that of 'OROP'.The question was whether it was proper to lay down a cut-off date and say that the liberalised pension formula for a retired Goverment employee would be applicable only to those who retired after the cut-off date and and not to those retired prior to the cut off date. The Apex Court replied in the negative. Earlier, the pension was worked out on the bases of the average pay drawn by a Govt empolyee in the last 36 months of service. The liberalised formula reduced the period from last 36 months to last 10 months of service but laid down that this would be applicable only to those retired after the cut-off date. The Apex Court directed the Govt to make it applicable to all Govt employees irrespective of their date of retirement. The famous quote from the said judgment was "Govt cannot pick up a date from the hat to say those retiring after the date would get the benefit and those retiring before it won't".

             The last statement from the Apex Court judgment was misunderstood by many, including IESL (Indian Ex-Servicemen League) and they thought the judgement propagated 'OROP'. It did not. IESL on such misconception moved the Apex Court and instead of building up its case with regard to 'OROP' on its own merit, sought directions to the Government for 'OROP' on the basis of Nakra's judgment.

             Another Constitutional Bench of five judges deciding IESL case (judgment by JS Verma CJI) then threadbare analysed Nakra's judgment and concluded that Nakra's judgment did not lay down such proposition and dismissed IESL writ petition.

            In the latest case of Major Generals decided by two judges (Vains case) the question before the Apex Court was whether it was rational that pension of a Major General retiring before 1.1.1996 (i.e. even on 31.12.1995) is lower than that of a Brigadier retiring on or after 1.1.1996. Taking cue from and Nakra's judgment "Govt cannot pick up a date from the hat to say those retiring after the date would get the benefit and those retiring before it won't" and relyning upon the said judgment, the two-judges Bench decided it was not rational that the pension of a Major General retiring before 1.1.1996 (i.e. even on 31.12.1995) is lower than that of a Brigadier retiring on or after 1.1.1996. The Court (two judges) then directed the Govt to fix the pensions of all Major Generals who retired before 1.1.1996 at par with the pension of similar officers who retired on or after 1.1.1996.

               This too does not lay down OROP proposition. In any case, IESL case decided by five-judges Constitutional Bench was not referred to the two-judges Bench in Vains case (Major General's case). Two-judges Bench naturally cannot decide against what a five-judges Constitutional Bench has held.

               In this context your quoting a part only of the judgment and analysing the complete law on the subject is not correct. You thus have quoted the following out of context:

               "This also contrary to the judgment of the Constitution Bench of the Supreme Court of 17 December 1982 that stated: “by introducing an arbitrary eligibility, being in service and retiring subsequent to the specified date, or being eligible for the regularised pension scheme and thereby dividing a homogeneous class, these classifications being not based on any discernible rational principle ... are unconstitutional and are struck down."

                In my view the whole subject calls for a 'Review' by the Apex Court by a seven-judges Constitutional Bench.

With best wishes,

MG
(Lt Col MG Kapoor, Practising Law in Delhi High Court) """"""

(Source : Report my signal)

DETAILED ANALYSIS OF CABINET SECRETARY REPORT OF 30 JUN 09 ON "ONE RANK ONE PENSION " : BY MAJ GEN RN RADHAKRISHNAN (RETD)

          All Veteran brothers, may like to go through the DETAILED ANALYSIS BY MAJOR GENERAL RN RADHAKRISHNAN (RETD) ON THE  " ONE RANK ONE PENSION " REPORT OF CABINET SECRETARY,  SUBMITTED TO GOVT 30 JUN 09. Since it is a long 26 page report, and thus requires considerable time to read, LIESURELY. They may be Pleased to Click  HERE   for the same.  Happy reading.