
Tuesday, April 5, 2011
Tuesday, March 22, 2011
Cabinet nod for 6% DA hike today. Vet Prabhjot Singh Chhatwal PLS (Retd.)
New Delhi: In what will be a bonanza for the central government employees, the Union Cabinet is all set to clear 6% Dearness Allowance (DA) to the employees and a 6% Dearness Relief (DR) to central government pensioners on Tuesday. The increased DA and DR will be applicable from January 1, 2011.
The proposed hike in DA and dearness relief will amount to a burden of R1, 500 crore to the exchequer, sources said.
The hike in the DA has been done in accordance with the recommended formula in sixth Central Pay Commission. According to the calculation, with the last six months of All India Consumer Price Index Numbers published by Labour Bureau from July-December 2010, the actual DA will work out to be 6.9%. However, sources said the government will give only 6% DA for now while the balance 0.9% will get factored in the next round after six months.
The proposed DA hike of 6% will take the Dearness Allowance from 45 to 51% of the basic pay, government sources said.
In September last year, the government had announced a 10% additional installment of DA for the central government employees and Dearness Relief (DR) to pensioners effective July 1, 2010. At that time, the increase represented a hike in DA from 35% of the basic Pay/Pension, to 45% to compensate for the price rise
Thursday, March 17, 2011
Punjab & Haryana High Court passes strictures and imposes a fine of Rs 50,000 on the Govt for misleading the Court in a disability pension case.
The Union of India, as expected, however filed a Letter Patents Appeal (LPA) before a Division Bench challenging the order of the Single Bench and also alleging on affidavit that the Invaliding Medical Board had declared the disability ‘neither attributable to, nor aggravated by military service’. A copy of the board was however not produced before the Court.
The Division Bench asked the Union of India to produce before it a copy of the Medical Board which was done on the next date of hearing and which consequently left the Court aghast. The Medical Board had in fact clearly declared the disability as ‘aggravated by physical stress and strain of service’.
Clearly perturbed by the conduct, following are the excerpts of the order finally passed by the Hon’ble Court :
"...The aforesaid record now produced before us would show that on the first date of hearing while obtaining notice of motion, there was active concealment and even misrepresentation of facts from the Bench..."
"...Having heard the learned counsel for the parties and perusing the original record, we are amazed at the conduct of the appellant and its Officers. The instant appeal has been filed through the Secretary, Government of India, Ministry of Defence, South Block, New Delhi; Chief of the Army Staff, Army Headquarters, New Delhi; the Principal Controller of Defence Accounts (Pension) Draupadi Ghat, Allahabad(UP) and couple of other Officers. A perusal of ground No. 7 of the appeal shows that a false plea has been set out which is simply against the record. In para 13 of the original proceedings of the Medical Board, it has been categorically found that the disease of 'Manic Episode F 30' is aggravated by military service whereas the proceedings of the Medical Board have been misquoted in para 7 of the grounds of appeal to say that the Medical Board had opined that the disease Manic Episode F 30 is not aggravated by military service..."
"...It is well settled principle of law applicable to equitable jurisdiction that when the facts are actively concealed or there is a misrepresentation then the party seeking to hear the appeal becomes disentitled to it. Such a conduct has been repeatedly condemned by the Courts. In the case of a private citizen filing a writ petition, a Full Bench of this Court in Chiranji Lal and others v. Financial Commissioner, Haryana and others 1978 PLR 582 has held that when there has been a mala fide and calculated suppression of material facts which if disclosed would have disentitled such a party to the extraordinary remedy under the writ jurisdiction or in any case would have materially affected the merits on the interim as well as ultimate relief claimed then such a party by their own conduct would forfeit the right of relief which they seek to claim. When such a conduct is adopted by the Central Body and its Officers, as is evident from ground No.7 of the Memorandum of Appeal, it assumes further seriousness. The Public Authority always file pleadings after due verification of the record. However, in the present appeal all that has been completely forgotten. Therefore, the appeal is liable to be dismissed with heavy costs..."
"...There is another aspect of the matter because the instant appeal is an illustration of frivolous litigation initiated at the instance of Union of India and its Officers. The appellant-Union of India has framed the National Litigation Policy which has been reported as (2010) 6 SCC J-17. The aforesaid policy has been completely overlooked by the appellants..."
"...Accordingly we find that the appeal is frivolous and a misuse of the process of the Court. In view of the aforesaid, the appeal is dismissed with costs of Rs.50,000/-. The costs shall be paid to the writ petitioner-respondent by the Union of India but the same shall be recovered from the Officer or Officers, who pleaded a false ground after holding an enquiry and fixing the responsibility..."
Courtesy: Maj. Navdeep Singh.
Thursday, March 10, 2011
Northern Railway recruited 2,116 ex-servicemen under various categories. Vet. Prabhjot Singh Chhatwal PLS (Retd.)
The Railway Ministry had earlier taken a decision to enrol ex-servicemen without any written examination for various posts across the country.
As major cantonments are located within the geographical limits of Northern Railway, the response to the recruitment drive was very high, a senior NR official said.
The entire recruitment was transparent as candidates were kept abreast of the developments through website, the official said, adding that the selected ex-servicemen have started reporting for work.
Cabinet likely to approve today 6% Dearness Allowance to CG Employees. Vet. Prabhjot Singh Chhatwal PLS (Retd.)
The Union Cabinet Committee likely to release of additional instalment of 6% Dearness Allowance to Central Government Employees and Dearness Relief to Central Government Pensioners due from 1.1.2011.
The hike in the Dearness Allowance has been done in accordance with the recommended formula in sixth Central Pay Commission. According to the calculation with last six months of All India Consumer Price Index Numbers (AICPIN) published by Labour Bureau Govt. of India, from July 2010 to December 2010, may be given 6% of additional Dearness Allowance from January 2011 to Central Government Employees and Pensioners.
The proposed DA hike, to be approved by the Central Government today, this enhancement is taking the Dearness Allowance from 45 to 51 per cent of the basic pay and also some allowances and advances rise in 25% from the existing rates as per the recommendations in Sixth CPC.
Tuesday, March 1, 2011
Mode of Payment of War Jagir. Veteran Prabhjot Singh Chhatwal PLS (Retd.)
Mob: 098554-09128
Email: prabhjot_singh0@yahoo.com
Ex- Soldiers, Sailors & Airmen Association (Regd.)
# 3 Guru Ram Dass Nagar, Tripuri Road, Patiala - 147 004. Punjab, India.
ESSAA/1/2011 Dt: 28 February 2011 Mode of Payment
To
Director,
Sainik Welfare Harayana.
Sainik Bhawan, Sec-12,
Shaheed Capt. Rohit Kaushal Marg,
Panchkula - 134 109, Harayana.
Sub: Mode of Payment of War Jagir.
Dear Sir,
Kindly refer to the letter by Sub.(Retd.) Partap Singh, V&PO Mitathal, Distt. Bhiwani, published in The Tribune dt: 28-02-2011, in respect of mode of payment of War Jagir.
It is submitted that in most of the states, including Punjab, such payments are made to the parents of the veterans by the respective Distt. Sainik Welfare Offices through bank transactions to avoid any loss to the recipients.
As such, we request you to initiate the change of mode of payment of such payments and oblige.
Yours Sincerely,
Sd/-
Veteran Prabhjot Singh Chhatwal PLS (Retd.)
President.
Copy to: 1. Secretary to Govt. of India, Ministry of Defence,
Deptt. of Sainik Welfare, Sena Bhawan, New Delhi -
2. Secretary, Kendriya Sainik Board, West Block - 4, Wing - V,
RK Puram, New Delhi -
- Both for information and deemed necessary action,
please.
3. Sub. (Retd.) Partap Singh, V&PO Mitathal, Distt. Bhiwani for
information.
Sd/-
President.
Tuesday, February 15, 2011
Improvement in the Pension of PBOR discharged from service on or after 1.1.2006. Veteran Prabhjot Singh Chhatwal PLS (Retd.)
OFFICE OF THE PR. CONTROLLER OF DEFENCE ACCOUNTS
(PENSION), DRAUPADI SHAT,
ALLAHABAD 211014
Group order No. 1580 Dt: 29.09.2010.
Sub: Implementation of Government's decision on the recommendations of the
Sixth Central pay Commission - Pension of Personnel Below Officer Rank
(PBOR) discharge from service on or after 1.1.2006.
Reference: This Section Group No. 1554 dated 22.12.2008.
A copy of Government of India, Ministry letter No. 17(4)/08/(2)/D(Pen/Policy) dated 18.08.2010 on the above subject, is reproduced as Annexure to this Group Order for information and guidance of all concerned.
Sd/-
(R.K SAROJ)
DY. C.D.A (P)
No. Gts/Tech/0165/XX
Dated: - 29.09.2010
Copy to :
1. All Record Officers/Regiment, Corp.
2. Bureau of Sailors, Cheetah Camp, Mumbai.
3. All Force Record, Dhaula Kunwa, Delhi Cantt.
4. All Addl CsDA/JI CsDA in Main Office.
5. All GOs in Main Office.
6. The OI/C, G-1(M), AT(ORs)-Tech, and G-1/Civil (Tech.)
7. All SAOs/AOs/AAOs in Gts/Ors Complex.
8. The OI/C, EDP Manual.
9. The OI/C, EDP Centre.
10. Defence Pension Liaison Cell.
11. JAG Cell
12. The OI/C, DPTI Cell.
13. The OI/C, O&M Cell.
14. Spare.
Sd/-
(ALOK PATNI)
Sr.A.O(P)
Veteran Prabhjot Singh Chhatwal PLS (Retd.)
President.
Ex-Soldiers, Sailors & Airmen Association.
Mob. 098554-09128, Tele-fax 0175-5000896.
Improvement in the pension of PBOR discharged from service on or after 1st Jan 2006. Vet. Prabhjot Singh Chhatwal PLS (Retd.)
REGISTERED
No.Gts/Tech/167-I
O/O the PCDA(P)
Allahabad
Dated: 18.01.2011
To
Ex-Servicemen and Social Welfare Trust (EXWEL)
Tirunelveli-627002.
Tamilnadu
Subject: Improvement in the pension of PBOR discharged from service on
or after 01st Jan 2006.
Reference: Your letter No.Exwel/253/2010 dated 25.11.2010.
In this context it is intimated that the issue regarding bridging the gap between pre and post 2006 has already been finalized by government. The Govt. order on this subject has already been issued vide MOD letter No.17(4)/08/(2)/D (Pen/Pol) dt.18.08.2010 (copy enclosed for ready reference). It is further added that the suo-moto Corr. PPO will be issued for affected cases. The software program for implementation of this Govt. letter is under preparation and required Corr. PPO will be issued as and when the program is developed.
Sd/ x xx x
(ALOK PATNI)
Sr.A.O.(P)
Copy to-
The Senior Record Officer
Officer in-Charge
MEG Record Office
Bangalore
Sd/- x x x
(ALOK PATNI)
Sr.A.O.(P)
Veteran Prabhjot Singh Chhatwal PLS (Retd.)
President.
Ex-Soldiers, Sailors & Airmen Association.
Mob. 098554-09128, Tele-fax 0175-5000896.
Tuesday, January 11, 2011
Letter to Secretry, Deptt. Defence Welfare regarding Implementation of Govt. decision regarding pension of PBORs discharged on or after 2006.
Mob: 09855409128.
Email: Prabhjot_singh0@ yahoo.com
Ex-Soldiers, Sailors & Airmen Association
# 3 Guru Ram Das Nagar, Tripuri Road, Patiala-Punjab.-147 004.
ESSAA/5/2011 Dt: January, 2011
To
Secretary, to Govt. of India,
Ministry of Defence,
Deptt. of Ex-servicemen Welfare
Sena Bhawan, New Delhi.
Sub: Implementation of Govt. decision regarding pension of PBORs
discharged from service on or after 2006.
Sir,
Reference is made to your office Memo no. 17(4) 08/(2) / DC(Pen/Policy) dt: 18.08.2010.
It is submitted that no instructions to implement the decision conveyed in your above letter to relieve the said ex-servicemen (JCOs and below) have so for been issued by PCDA (Pension) Allahabad where as instructions issued by your Hqs. regarding deduction of DCRG,already paid to them, have been implemented quickly to squeeze their already bleak financial sources.
As such we request you to instruct PCDA Allahabad to issue the said instructions at the earliest to arrest the discontentment among the ex-servicemen.
We shall be much obliged.
Yours Sincerely,
Veteran Prabhjot Singh Chhatwal PLS (Retd.)
President.
Copy to: PCDA (Pension) Allahabad for information please.
President.
Monday, January 3, 2011
Central Govt. employees and pensioners are likely to get 6% D.A. from January 2011.: Veteran Prabhjot Singh Chhatwal PLS (Retd.).:
Central Govt. employees and pensioners are likely to get 6% D.A. from January 2011
Whatever the price of onion is; the D.A will not be as sweet as July last year. As per the All India Index published by Labour Bureau, Govt. of India the Dearness Allowance payable to the Central Govt.staff with effect from January 2011 may not be more than 6 percent.
The figure for Nov'10 has just released and it stands at 182. The December figure is expected in the end of January. Even if the figure touches 185 in December, which is very unlikely, the D.A. hike will be limited to 6%.
Only thing to cheer is the fixed allowances such as Children Education Allowance, Conveyance Allowance for some category of staff will be 25% more as the D.A. will certainly cross the 50% mark. It may be remembered that D.A. linked allowances such as Transport Allowances will be unchanged.
Source: Pay Commission Update
Tuesday, December 28, 2010
Cancellation of meeting of Ex-Soldiers, Sailors and Airmen Association (Regd.) Maharashtra unit.
A message has been recieved from Veteran Balbir Singh, President of E.S.S.A.A (Regd.) Maharshtra unit thats the meeting of Maharshtra unit scheduled on 2nd January,2011 is being cancelled. Fresh date will be notified later.
Veteran Prabhjot Singh Chhatwal PLS (Retd.)
President.
Ex-Soldiers, Sailors and Airmen Association Regd.
Saturday, December 25, 2010
Supreme Court upholds grant of pension of regular Nb Sub to Pre-2006 Hony Nb Sub.: Veteran Prabhjot Singh Chhatwal PLS Retd:.
Supreme Court upholds grant of pension of regular Nb Sub to Honorary Nb Subedars who retired prior to 2006
On the basis of the 6th CPC recommendations, the govt had issued a notification granting pension based on the pay-scale of regular Naib Subedar to Havildars granted the Honorary Rank of Naib Subedar. Though the said notification contained only a stipulation that it would be applicable with (financial) effect from 01-01-2006, it nowhere stated that it shall only apply to those who retired after 01-01-2006 and not those who retired prior to this cut-off date. It was still however being negatively interpreted by the concerned authorities that it was to apply only to post-2006 retirees. The Chandigarh Bench of the AFT in Feb 2010 had however struck down this restrictive interpretation of the imaginary cut-off date and had ruled that the benefit shall be available to all Hony Nb Subs irrespective of date of retirement.
The Ministry of Defence had challenged the said orders in the Hon’ble Supreme Court by way of an SLP. The SLP was dismissed last week thereby upholding the orders of the AFT.
Interestingly, the Army HQrs, even before the issuance of the said notification, had pointed out to the MoD, a fact which is on record, that there should be explicit orders for both pre and post-2006 retirees. But the very fair request of the PS Directorate it seems fell on deaf ears thereby leading to unnecessary litigation on the subject.
Navdeep's Blog
Procedure for Purchase of items (AFD) for Wheelers and other items: Veteran Prabhjot Singh Chhatwal PLS Retd.
ENTITLEMENT AND PROCEDURE FOR PURCHASE OF ITEMS AGAINST FIRM DEMAND (AFD) CATEGORY – I A) FOUR WHEELERS (CARS): OFFICERS
Posted: 23 Dec 2010 05:12 PM PST
ENTITLEMENT AND PROCEDURE FOR PURCHASE OF ITEMS AGAINST FIRM DEMAND (AFD) CATEGORY –I A) FOUR WHEELERS (CARS): OFFICERS
1. Eligibility:
a) All Commissioned / Honorary Commissioned Officers (serving / retired).
b) Widows of Service Officers.
c) Equivalent status of Civilian Officers / Officers of CSD. However, they will have to pay sales tax / Value Added Tax as applicable in the respective State.
d) All GREF Officers (serving / retired).
e) All SSC and EC Officers who have put in five years of reckonable service before release.
f) One of the parents i-e. either the father or the mother of unmarried deceased officers.
g) Either of the officers child, if both the parents have died and the child is drawing pension from Defence Estimates.
2. Other conditions:
a) Applicant must not have purchased a four wheeler (Car) within the last two years on the day of submission of the application. In addition, the applicant will have to give an undertaking that he/she will not sell the vehicle within next two years.
b) As per finance bill of 1998-99, quoting of PAN/GIR No is mandatory at the time of purchase of Car.
B) FOUR WHEELERS (CARS): PBOR
1. Eligibility:
All Personnel Below Officer rank (serving & retired), of the three services having minimum of 15 years colour service and having been released honorably are entitled to purchase a four wheeler upto 1300cc capacity.
2. Procedure and Conditions:
a) JCOs/equivalent can purchase the second car after five years of the initial purchase and all other entitled soldiers/Sailors/Airmen after seven years. Sale of car is not allowed before completion of two years from the date of purchase.
b) Serving and retired PBOR will apply on the prescribed forms as enclosed at Appendices B & C respectively.
c) The following documents shall be submitted alongwith the application:
I) Serving PBOR:-
i) A certified copy of Driving licence issued by the civil authorities.
ii) A certificate from PBOR countersigned by the CO/OC troops that the individual has not purchased a car in the last five / seven years, as applicable, and that he will not sell the car before two years and that he is liable to pay the entire excise/sales tax concession in case of any violation.
iii) A certified copy of the pay book wherein the entry with regard to purchase of car by the PBOR is made.
iv) Following Certificate from the Commanding Officer / OC Troops that financial position of the applicant allows him to purchase a car:-
CERTIFICATE
Certified that No. __________________ Rank _________ Name is eligible to purchase a car and that his financial position allows him to purchase a car. Commanding Officer/OC Troops
II) Retired PBOR: The retired PBOR shall submit an affidavit of Rs. 5/- on Non Judicial Stamp Paper covering the following:-
i) I have not purchased a car in the last 5/7 years as applicable.
ii) I shall not sell the car for the next two years.
iii) I understand that any Violation of the above will make me liable to pay back the entire excise / sales tax concessions to the Govt.
iv) The vehicle is for my personal use.
v) The vehicle purchased from the CSD will be registered on self name.
d) Entry with regards to purchase of car by retd PBOR will be made on the original PPO at the depot.
e) Misuse: In case an individual is found to have violated any of the above conditions, that is, purchase of second car before five/seven years (as applicable) or sale of car before two years from the date of purchase, he will be liable to pay the full excise duty/sales tax as applicable.
f) Action by the CSD: At the CSD Depot level the following action will be taken on receipt of application from the PBOR:-
a) Verify the correctness of the details furnished by the PBOR.
b) Cross check from CSD HO whether the PBOR has already purchased a car from any other CSD depot.
c) Share the data with regard to purchase of car by PBOR with other depots.
d) The PBOR will be allowed to purchase the car only after receipt of confirmation from CSD HO.
g) In case of retired PBOR following additional action shall be taken:-
i) Ensure that affidavit as above has been obtained.
ii) Ensure entry of purchase of car with date is made on the original PPO.
C) CANCELLATION OF APPLICATION In the event of Officer / PBOR intending to withdraw his application due to any reason, the officer shall have to forfeit the incidental charges of Rs.500/- and balance amount will be refunded.
D) PROCEDURE FOR BOOKING OF CARS
a) For readily available vehicles Customer selects the vehicle with dealer. He/she submits indent form (duly completed in all respects) at the depot. He/she also deposits full amount of cost of vehicle with CSD depot. Depot in turn places Local Supply order on dealer and customer gets the delivery of vehicle.
b) For vehicles with waiting period of delivery
i) Depot will inform the customer of applicable selling price & CSD handling charges on the vehicle to be purchased by customer.
ii) Customer will deposit only 0.5% as CSD handling charges in the first instance.
iii) Depot will issue provisional booking order to concerned Dealer.
iv) Booking amount (as decided by firm and applicable for civil customers also) will be paid directly by the customer to the dealer concerned.
v) On intimation of availability of the vehicle, the customer will deposit full amount (excluding 0.5% CSD handing charges already paid) with the Depot and the Depot will place LS Order on the dealer concerned.
vi) The customer will take delivery and obtain refund of booking amount and applicable interest (as conveyed by the firm) from the dealer.
E) TWO WHEELERS/COMMERCIAL VEHICLES/TRUCKS/TRACTORS:
1. Eligibility:
a) All ranks (serving / retired) qualifying under entitled categories.
b) Widows of service personnel (including remarried) qualifying under entitled categories.
c) Eldest child of the deceased service personnel, if he is not survived by his wife, provided the under mentioned conditions are fulfilled:
i) If a son, he should be between 18 to 25 years of age and should not be in service or commercially employed.
ii) If a daughter, she should be unmarried.
2. Other Condition: Entitled category of personnel should not have drawn/brought any of above items from the CSD within the last two years. Entitled purchaser shall have to give an undertaking that he / she shall not sell the vehicles for two years from the date of purchase.
F) REFRIGERATORS/COLOUR TVs/AIR CONDITIONERS/WASHING MACHINES/AND OTHER AFD CAT-I ITEMS:
1. Eligibility: All Ranks (Serving / retired) of Armed Forces.
2. Other Condition: Entitled category of personnel should not have drawn/brought any make of same AFD (CAT-I) items from the CSD within the last two years. Entitled purchaser shall have to give an undertaking that he / she shall not sell the item for two years from the date of purchase.
G) PROCEDURE FOR ALL CATEGORIES OF AFD-I ITEMS:
a) Entitled customers will fill the application form and submit the same to the CSD Area Depot of their choice alongwith a Bank Draft for the value of the item. Form for purchasing AFD-I items (except cars) is at Appendix ‘D’ for serving personnel and at Appendix ‘E’ for retired personnel.
b) Customers are required to deposit Demand Draft / Bankers Cheque drawn on Nationalized Bank / Scheduled bank or UTI, HDFC, ICICI, IDBI banks only. For all other State & Central Co-operative and other Private Banks, the release order will be given only after the draft / bankers cheque amount is actually credited in CSD Public Fund Account (Main). The Demand Draft / bankers cheque should be drawn in favour of “CANTEEN STORES DEPARTMENT PUBLIC FUND ACCOUNT (MAIN)” payable at the location of Area Depot. Cheques will not be accepted.
c) The application form must be countersigned by the Commanding Officer of the unit/Formation. In case of retired officers, the application must have the countersignature of Stn HQs/DDZSB. They should also produce original PPO for verification.
d) Customer should select four wheeler/car/two wheeler available with authorized dealer and obtain Engine No./ Chasis No. & other details and submit the same alongwith application form. For other AFD-I items, customers should preferably confirm availability of item with the dealer.
e) Purchase of AFD-I items is subject to compliance of procedural requirements laid down by Central / State Govts. and payment of taxes (as applicable).
H) COLLECTION OF AFD-I ITEMS THROUGH AUTHORISED REPRESENTATIVES: Where the bonafide customer is unable to collect in person due to valid reasons proper authority letter with the signature of the nominee duly attested by the bonafide customer and countersigned by the Unit Commander in case of Serving personnel and Station HQ/Secretary, Zila Sainik Board/Deputy Director, Zila Sainik Board in case of retired Service personnel can be accepted for effecting delivery at the discretion of the Depot. All the necessary documents in respect of the bonafide customer required to be perused at the Depot will be brought by the authorised representative to book the AFD item. The delivery of an item will be given to the same person only, who signs at the Depot and in whose favour the authority for collection has been given by the Depot. No authorization in favour of any dealer or his employee will be accepted by the depots.
I) PROCUREMENT OF AFD-I ITEMS FROM ANY OF THE DEPOT AFD-I items including cars can be purchased from any CSD Depot of choice of CSD customer subject to following preconditions:-
a) These items will be allowed to be purchased on smart cards since AFD limit (excluding car) is catered for in the smart card.
b) The purchase will be through valid forms processed through the CSD.
c) The form duly countersigned by the CO/OC of the unit will be verified by the CSD Manager concerned with an undertaking (on the form itself) that the individual is making a valid purchase as per authorization.
d) For all other entitled category of pers, the form will be verified by the CSD Manager/station HQ or local authority involved with canteen management.
J) PAYMENT OF INTEREST ON DELAYED DELIVERY No interest will be paid by the Department for late delivery of AFD-I items including vehicles. Customers are requested to ascertain the delivery position from the concerned dealer(s) and the concerned Depot(s) before booking of AFD-I items. Prices prevailing on date of delivery will be applicable.
Application form can be had from dealers of the respective items.
Friday, October 22, 2010
Computation of pension -Post-2006 JCOs and below
Please find below MOD letter as requested by some veterans.
Vet.Prabhjot Singh Chhatwal PLS Retd.
No.17 (40/08/(2)/D(Pen/Policy)
Government of India
Ministry of Defence
Department of Ex-Servicemen Welfare
New Delhi, Dated 18.08.10
To
The Chief of the Army Staff
The Chief of the Naval Staff
The Chief of the Air Staff
Subject: Implementation of the Government decision on the recommendations of the
Sixth Central Pay Commission - Pension of Personal Below Officer Rank
( PBOR) discharged from service on or after 1.1.2006.
Sir,
The undersigned is directed to state that in terms of Para 5.1.3 of this Ministry's letter No. 17(4)/2008(2)/D(Pen/Policy) dated 12.11.2008 issued in implementation of the decision taken on the recommendation of the Sixth Central Pay Commission, the benefit of adding year of qualifying service for the purpose of computation of pension has been withdrawn in respect of PBOR discharged/invalided out from service with effect from 1.1.2006. The Ex-Servicemen Association have been demanding restoration of weightage in qualifying service in respect of PBOR admissible to them prior to 1.1.2006 till the recommendation of the 6th CPC vide Chapter 2.4 of its Report regarding Lateral movement of Defence Forces personal to CPOs/Defence Civilian organization, are implemented by the Government. It has also been apprehended by the Service HQrs that in certain cases, Post - 1.1.2006 discharged/invalided out PBOR may draw less pension then their Pre - 1.1.2006 counterparts.
2. The above issues have been under consideration of the Government and the President is now pleased to decide that with effect from 1.1.2006 Service pension for all ranks of post - 1.1.2006 POBR retirees in Army, Navy and Air Force (including DSC and TA) determined under the provisions contained in para 6.2 of this Ministry's above said letter dated 12.11.2008 shall in no case be less then 50% of the notional pay in the post - 1.1.2006 revised pay structure corresponding to the maximum of Fifth CPC pay scales including whole of classification allowance last drawn in the rank and group held at the time of discharge/invaliding. The amount so determined will be the pension for 33 year of reckonable qualifying service including rank weightage (except TA personnel) as admissible under the Ministry's letter No. 1(6)/98/D(Pension/Services) dated 3.2.1998 and enhanced vide Ministry's letter No. 14(3)/2008/D(Pen/Sers)/Vol.III dated 1.2.2006. For lesser period of reckonable qualifying service, this amount will be proportionately reduced. The amount of pension finally arrived at will be subject to a minimum of Rs. 3,500/- per month.
3. Following will be taken into account per Para 2 above:-
(i) The notional pay in the revised pay structure corresponding to the
maximum of the pay scales of the rank and group held at the time of
discharged/invalidment, will be determined as per the fitment tables
attached to SAI 1/S/2008 and corresponding as pay in the Navy & Air
Force, for each rank and group and will consist of pay in the pay band
plus Grade pay plus 'X' Group pay (where applicable) plus Military
Service pay plus whole of the classification allowance last drawn, where
admissible;
(ii) Since common pay class scales under revised pay structure have been
introduced for PBOR of the three Services, the highest of such maximum
for rank and group in which discharged/invalided out, will be reckoned
across the three Services for computation of pension;
(iii) In addition to service pension determined as per Para 3(i) & (ii) above,
Havildars who are granted honorary rank of Naib Subedars on retirement,
will also be allowed additional pension equal to the amount of per-revised
rate of additional pension as consolidated under fitment formula
prescribed vide Para 4.1 of this Ministry's letter No.
17(4)/2008/(1)/D(Pen/Policy) dated' 11.11.2008;
(iv) National pay in the revised pay structure in respect of PBOR granted pay
of higher rank Assured Career Progression Scheme (ACPS)/ Modified
Assured Career Progression Scheme (MACPS) will be determined with
reference to the rank which ACPS/MACPS has been granted and the pay
drawn at the time of discharged/invaildment.
(v) The service pension under there order will be determined an the basis of
the rank/group last held by the individual and the pre-revised/revised pay
scales connected thereto, even if the rank/group was held for less than 10
months before discharged/invalidment.
4. The service pension in respect of PBOR who have already got discharged/invalidment out on or after 01.01.2006 and in whose case pensionary benefits have already been notified under the provision contained in Para 6.2 of Ministry's letter dated 12.11.2008, the pension Sanotioning Authorities (PSAs) concerned will recalculated pension in terms of these orders and will suo-moto issue corrigendum PPOs if the recalculated pension in terms of these order, are found benefits. Further implementation instructions to all concerned will be issued by PCDA (Pension), Allahabad on receipt of these order.
5. These order take effect from 1.1.2006.
6. This issues with the concurrence of finance Division of this Ministry vide their U.O.No.2518/Fin/Pen dated 16.08.10.
Hindi version will follow.
Yours faithfully,
Sd/-
Malathi Narayanan
Under Secretary (Pen/Pol)
Friday, April 2, 2010
Don’t treat Army men shabbily, SC tells govt- Tribune News: Veteran Prabhjot Singh Chhatwal PLS Retd.
R Sedhuraman-Legal Correspondent
New Delhi, April 1.The Supreme Court has directed the government to treat Army personnel in a “better and more humane manner” in respect of emoluments, pension and other benefits as they were bravely defending the country at the cost of their lives.
A Bench comprising Justices Markandey Katju and AK Patnaik passed the order yesterday while dismissing a government appeal against a Punjab and Haryana High Court verdict, granting disability pension to an officer for the entire 10-year period of commissioned service.
CS Sidhu was given short service commission on June 22, 1968, for five years, which was extendable by another five years. He was posted in a high-altitude field area and while being on duty on November 21, 1970, he met with an accident and suffered severe injuries. As a result of the accident, his right arm had to be amputated and he also suffered a compound fracture in the thighbone and another fracture in the jawbone. He was released from service on June 23, 1978.
For calculating the amount of disability pension, the Army authorities had taken into account only the period between the date of joining and the date of the accident.
Describing as “a pittance” the “meagre pension” of Rs 1,000 a month plus DA granted by the Army to the affected officer, the Bench said, “If this is the manner in which the Army personnel are treated, it can only be said that it is extremely unfortunate.”
Thursday, April 1, 2010
Pension Enhancement Close to One Rank One Pension Demand, says Govt: Veteran Prabhjot Singh Chhatwal PLS Retd.
One Pension Demand, says Govt:Pension Enhancement
Close to One Rank One Pension Demand,says Govt:In a move
that will bring relief to over 12 lakhex-servicemen, the
Defence Ministry has issued orders to implement pending
pensionary benefits to theminvolving an annual expenditure
of about Rs 2,200 crore.The decision followed
recommendations by a high-level committee and recent
assurance in this regard in theLok Sabha by Prim Minister
Mr. Manmohan Singh.With these orders, the ministry has
implemented all the seven recommendationsof the
committee headed by Cabinet Secretary Mr. K M
Chandrasekhar on pensions, which would now be close to the
‘One Rank-One Pension’ demand of ex-servicemen, senior
ministry officials said today.“The Defence Ministry issued the
orders on March 8 this year to implement the remaining two
of the seven suggestions of the Cabinet Secretary K M
Chandrasekhar-headed committee on‘One Rank-One Pension’
demand,”they said.The two recommendations for which the
orders were issued werbringing parity between pension of
pre- and post-October 10, 1997, personnel below officer rank,
and further improving their pensions based on award of
Groupof Ministers in 2006.To queries on the order, Defence
Ministry spokesperson Sitanshu Kar said implementation of
the orders would not only significantly reduce the gap between
the past and current pensioners, but would also considerably
improve the pension of ex-servicemen includingdisabled
pensioners.
Monday, March 29, 2010
Cut-off date of 01-01-1996 for rounding-off / broad-banding of disability pension held to be illegal by the Jaipur Bench of AFT:Vet.PJS Chhatwal
broad-banding of disability pension held to
be illegal by the Jaipur Bench of AFT
The Govt, in order to curtail medical subjectivity, had introduced rounding-off / broad-banding of disability percentages for the purposes of computation of disability element through a letter dated 31-01-2001. The stipulation was however made applicable only to post-01-01-1996 retirees.The Hon’ble Punjab & Haryana High Court had held this cut-off date to be arbitrary and had ordered the broad-banding of disability percentages even for pre-96 retirees. The Union of India went into an SLP which is still pending before the Hon’ble Supreme Court. In the meantime, on 19-01-2010, the Govt itself abrogated this cut-off date and extended the benefit to pre-96 retirees too. The Govt however added a rider that the arrears would only be paid with effect from 01-07-2009.The Hon’ble AFT at Jaipur has however again held the cut-off date of 01-01-1996 as arbitrary and has directed the release of arrears w.e.f 01-01-1996 which waters down the govt’s stipulation of 01-07-2009.
By Navdeep.
Saturday, March 27, 2010
Moga jawan’s battle for pension lasted 49 yrs- Vijay Mohan Tribune:Veteran Prabhjot SinghChhatwal PLS Retd.
Vijay MohanTribune News Service
Chandigarh, March 26.His tryst with the Army lasted for just about two years, but the battle he waged for pension stretched for 49 long years.Almost five decades after Balbir Singh, a resident of Moga, was invalided out of service on medical grounds, the Armed Forces Tribunal today allowed his writ petition, entitling him pension. The Bench, comprising Justice Ghanshyam Prashad and Lt Gen NS Brar also ordered that he be given arrears of pension for the past three years along with 10 per cent interest.
Balbir had enrolled in the Army in November 1956, but was discharged on medical grounds in November 1958 after he developed health problems. A medical board attributed his disease to be fully attributable to and aggravated by military service and assessed his disability to be above 20 per cent.
He was sanctioned disability pension, but to his shock, it was discontinued from September 1960, even though a review of his disability percentage remained static and there was no change in his condition. No reasons for discontinuing his pension were conveyed to him.
Balbir had contended that ignoring the settled position of law and instructions on the subject, the Controller of Defence Accounts (Pensions) rejected the claim of the petitioner presumably on the grounds that the disability percentage assessed by the invaliding medical board was below 20 per cent. This decision, he claimed, was never received by him.
He approached the authorities concerned to get his pension restored, but in the meantime, inadvertently lost the entire correspondence relating to the matter. He had thereafter been making representations to all concerned, but there was no reply or restoration of pension by the authorities.
Finally, he sent a notice through his counsel in September 2008, in response to which he received a copy of letter dated October 31, 1960, that had declined his claim on the ground that his disability had fallen below 20 per cent. And he was, therefore, not entitled to any pension. Thereafter, he sought judicial redressal for his grievance.
Long wait
Balbir Singh had enrolled in the Army in November 1956, but was discharged on medical grounds in November 1958 after he developed health problems. A medical board attributed his disease to be fully attributable to and aggravated by military service and assessed his disability to be above 20 per cent.He was sanctioned disability pension, but to his shock, it was discontinued from September 1960.