HOW LONG WE CHOOSE TO REMAIN AS BUNCH OF FOOLS?
Dear Sir,
My apprehension that all faujis have been paid less pension even after 24 Sep 2012 all along has been proved correct.
You have two choices.
Choice 1. Read this long mail of mine and understand how Govt of India has robbed you of your entitled pension w.e.f 24 Sep 2012 telling you they improved your pensions like nobody did so far.
Choice 2. Press DELETE button. Gulp your large whisky with soda. Choice is entirely yours.
The judgments have to be read, re-read and re-re-read to understand subtle nuances. Since we abhor such careful study and drown our sorrows in two large whisky with soda, we remain what we are and where we are.
When this wonderful judgment is there, where is the need for agitation for OROP?
We don’t read wonderful judgments delivered on our pay, promotions & pensions and do not challenge the Govt of India when injustice after injustice is heaped on us. We naïvely believe that our Mai Bap Sarkar will look after our interests and we should look after Nation’s interests. In the meantime, the bureaucrats improve their salaries and go laughing all the way to their banks.
I am quoting three relevant paras of Judgment of hon'ble Supreme Court of famous Maj Gen SPS Vains Vs UOI delivered on 09 Sep 2008 (By Justice Markendaya Katju whom I admire a lot) & Justice Altmas Kabir) to make you understand hon’ble Supreme Court has mandated that all pre – 1996 Maj Gens irrespective of date of retirement have to be given the same pension as post – 1996 Maj Gens. Is it not OROP?
If any one intelligent guy (after Maj AK Dhanapalan and RDOA who got us Rank pay arrears, all of us including myself have gone to sleep) would have gone to AFTs immediately in 2008 requesting similar benefit be given to Capts to Brigs quoting this judgment, he would have done all of us some good.
After reading my longish mail you will realise there was no need for us to organise RHS and FUD at Jantar Mantar, Delhi.
What we should have done is go to AFTs all over India and demanded that judgment of Maj Gen SPS Vains Vs UOI be applied to all ranks.
Now our tiny organisation in Hyderabad known as Tri Services Ex-Servicemen Welfare Associaton (TSEWA) has decided to file a case in AFT Chennai as we come under its jurisdiction. We shall do so after seeing the judgment of hon’ble Supreme Court in a case filed by 52 Maj Gens or equivalents Vs Union of India and the judgment is likely to be delivered by 28 Sep 2015.
Let me take Para 24 of the ibid judgment and explain to you (I am not a law graduate) how this judgment of Maj Gens is equally applicable to us with illustrations.
24. The said decision of the Central Government does not address the problem of a disparity having created within the same class so that two officers both retiring as Major Generals, one prior to 1.1.1996 and the other after 1.1.1996, would get two different amounts of pension. While the officers who retired prior to 1.1.1996 would now get the same pension as payable to a Brigadier on account of the stepping up of pension in keeping with the Fundamental Rules, the other set of Major Generals who retired after 1.1.1996 will get a higher amount of pension since they would be entitled to the benefit of the revision of pay scales after 1.1.1996.
25. In our view, it would be arbitrary to allow such a situation to continue since the same also offends the provisions of Article 14 of the Constitution.
You need to relate the above para to our various ranks. Since Colonel is the rank in which all officers will retire after 16 Dec 2004, let us take their case. The above para of judgment says Maj Gens who retire prior to 5thCPC and post 5th CPC have to be given the same pension by refixing pay of pre – 1996 Maj Gens notionally and accordingly fix their pension so that at no stage a Brig post 1996 will get pension more than a Maj Gen.
How do you do for Col?
Here is the table of 6th CPC. We have to prove to AFTs that present pension system where in a Colonel in spite of putting 14 years as Colonel (age of superannuation 54 – age at the time of commission 20 = 14 years) or lesser service is being given pension of Rs 27,795 which is equivalent to a post – 2006 Colonel who has put in less than one year service. We have to compare pay & pension of Lt Cols and prove that their pay hence pensions post 2006 is more than that of pre – 2006 Colonel.
Pl read the above sentence second time.
If we can do it, Sir, we have won the case. The courts go by principles. What principles apply to Maj Gens equally apply to all ranks right from Sep to Maj Gen.
Pay scale of Col in 5th CPC : Rs 15100 – 450 – 17350 and Rank Pay of Rs 2000
SER NO
|
BASIC PAY IN 5TH CPC
|
PAY IN PAY BAND IN 6THCPC
|
GRADE PAY
|
MSP
|
TOTAL PAY
|
PENSION
|
1
|
15100
|
40890
|
8700
|
6000
|
55590
|
27795
|
2
|
15550
|
42120
|
8700
|
6000
|
56820
|
28410
|
3
|
16000
|
42120
|
8700
|
6000
|
56820
|
28410
|
4
|
16450
|
43390
|
8700
|
6000
|
58090
|
29045
|
5
|
16900
|
43390
|
8700
|
6000
|
58090
|
29045
|
6
|
17350(Top of Scale)
|
44700
|
8700
|
6000
|
59400
|
29700
|
7
|
17800 (Stagnation)
|
44700
|
8700
|
6000
|
59400
|
29700
|
8
|
18250
|
46050
|
8700
|
6000
|
60750
|
30375
|
9
|
18700
|
46050
|
8700
|
6000
|
60750
|
30375
|
I will make another table for Lt Cols and show you how pre – 2006 Colonels have been taken for a ride by paying lower pensions and proclaim to the world that their pensions have been improved w.e.f. 24 Sep 2012.
Pay Scale of Lt Col in 5th CPC: 13,500 – 400 – 17,100
SER NO
|
BASIC PAY IN 5TH CPC
|
PAY IN PAY BAND IN 6TH CPC
|
GRADE PAY
|
MSP
|
TOTAL PAY
|
PENSION
|
1
|
13500
|
38530
|
8000
|
6000
|
52530
|
26,265
|
2
|
13900
|
38530
|
8000
|
6000
|
52530
|
26265
|
3
|
14300
|
39690
|
8000
|
6000
|
53690
|
26845
|
4
|
14700
|
39690
|
8000
|
6000
|
53690
|
26845
|
5
|
15100
|
40890
|
8000
|
6000
|
54890
|
27445
|
6
|
15500
|
40890
|
8000
|
6000
|
54890
|
27445
|
7
|
15900
|
42120
|
8000
|
6000
|
56120
|
28,060 higher than pension of of pre – 2006 Colonel which is only Rs 27795
|
8
|
16300
|
42120
|
8000
|
6000
|
56120
|
28060
|
9
|
16700
|
43390
|
8000
|
6000
|
57390
|
28695
|
10
|
17100 (Top of scale)
|
43390
|
8000
|
6000
|
57390
|
28695
|
11
|
17500
|
44700
|
8000
|
6000
|
58700
|
29350
|
12
|
17900
|
44700
|
8000
|
6000
|
58700
|
29350
|
13
|
18300
|
46050
|
8000
|
6000
|
60050
|
30025
|
If you see carefully pension of post – 2006 Lt Col (in Red colour in above table) is more than that of pre – 2006 Colonel (Rs 27,795) violating judgment of hon’ble Supreme Court.
How much then a pre – 2006 Colonel should get w.e.f. Jann 2006?
For this go through para 31 of ibid judgment.
31. We, accordingly, dismiss the appeal and modify the order of the High Court by directing that the pay of all pensioners in the rank of Major General and its equivalent rank in the two other Wings of the Defence Services be notionally fixed at the rate given to similar officers of the same rank after the revision of pay scales with effect from 1.1.1996, and, thereafter, to compute their pensionary benefits on such basis with prospective effect from the date of filing of the writ petition and to pay them the difference within three months from date with interest at 10% per annum. The respondents will not be entitled to payment on account of increased pension from prior to the date of filing of the writ petition.
What does the judgment say if you relate to our case ?
Fix pay of pre – 2006 Colonel notionally at the rate given to similar officers (post – 2006 Colonels) after the revision of pay scales with effect from 1.1.2006.
What does it mean?
If you are a pre – 2006 Colonel whose basic pay in 5th CPC is say Rs 16,900 then your notional pay as on 01 Jan 2006 is Rs 58,090 and your pension is therefore Rs 29,045 and not Rs 27795 what you are drawing now.
Samaj Mein Aagaya Sirjee?
Similarly see the table for Colonels. See your PPO and find out what was your basic pay at the time of your retirement, go horizontally and find your notional pay as on Jan 2006 and find your pension which should be more than Rs 27,795.
Now you have two more choices.
Choice I. Form a group of all pre – 2006 Officers from the rank of Capt to Brig in the area of jurisdiction of your AFT. For AFT Mumbai you have to reside in the states of Maharashtra, Goa and Gujarat. Find a good and reliable ESM Advocate who practices in your AFT and negotiate with him for his fees. More the number of litigants per head cost comes down. Analyse whether the same applies to JCOs and OR (Pl do not tell me to do it for you. I am very tired after so many ESM activities). Then number of litigants will be in thousands and your advocate can earn enough moolah for rest of his life. He will also ask for share of your arrears you are to get from Jan 2006 to 23 Sep 2012. Can you imagine how much money your advocate will earn?
Choice 2. Become a member of TSEWA. Get a temporary address either in Telangana or A.P or Tamilnadu. I am sure you have number of relatives in any of these states. We will include you in our list of litigants. We will negotiate with our advocate and get the lowest legal fees per head.
I am quite confident that if a principle is for Maj Gens, then the same principle will be applied to Capts to Brigs pre – 2006.
You have two more choices if you are in Northern India.
Choice 1. Go and spend your time in Jantar Mantar, cheer those who are in RHS, put your hard earned money in donation boxes kept there, help IESM fill their coffers as much as Bill Gates has acquired his wealth.
Choice 2. Move around and inform similarly placed officers from Capt to Brig. Get them together. Find a good Advocate and file a case in AFT Principal bench, New Delhi. If this judgment can get you OROP then what is this revision once in 5 years, Average of Maximum and Minimum and such a non-sense?
Govt of India, Ministry of Def have already enhanced pensions of 52 Maj Gens i.e.OROP by a simple judgment of AFT Chandigarh.
Will you not get it?
Choice is entirely yours.
My profound thanks to Cdr Chandrashekhar (Retd) of JAG Branch of Navy who opened my eyes. We foolishly observed Relay Hunger Strike in Hyderabad from 01 to 06 Sep 2015 instead of reading this wonderful judgment of hon’ble Supreme Court, discussed it threadbare like we did today and firmed up our plans.
DHER HAIN LEKIN DHRUST HAI.
All staunch supporters of IESM will say AUR EK JAYACHAND SECUNDERABAD MEIN HAI
Regards,
Brig CS Vidyasagar (Retd)
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