7th CPC: Grant of Ration Money Allowance to Officers of Defence Forces: PCDA(O), Pune's instructions

7th CPC: Grant of Ration Money Allowance to Officers of Defence Forces: PCDA(O), Pune's instructions

RATION MONEY ALLOWANCE

As per the provisions of Govt. of India, Ministry of Defence letter No. 03(01)/2016/D(QS) dt. 31st July 2017, provision of free ration for officers of Defence Forces was discontinued in peace areas. Ration Money Allowance will be admitted by PCDA(O) by Direct Benefit Transfer (DBT) through individual bank accounts. Amount of Ration Money will be remitted alongwith the salary and reflected in Pay Slip as "Ration Money Allowance"

SOP FOR CLAIMING RATION MONEY/ RATION ALLOWANCE :

(1) Ration Money will be admitted based on the Part-II order published by the units.

(2) Ration money will be admitted as per the monthly rate of Ration Money Allowance by Govt. from time to time.

(3) The casualty will be published in the Part- II notifying casualty POSIN (Posting in) and admissible from the date of TOS (Taken on strength of new unit)

(4) Ration money will continue to be admitted till receipt of Part-II order for 'POSOUT'/'STPRMONY'

(5) Officer on Ty. Duty is not entitled to Ration Money, however, ration money paid during ty. duty period will be adjusted by ‘T’ wing while processing the claim for temporary duty.

(6) Copy of initial Part-II order for grant of Ration Money w.e.f. 01.07.2017 should be supported with a certificate for ‘Non-drawal of Ration Money in cash or kind beyond 01.07.2017 till the date of publication of Part-II order for GTDRMONY” for grant of Ration Money by this office.
Amendment to revised Documentation Procedure for publication of Part-II Orders (Officers) for claiming Ration Money/Ration Allowance is as follows :

1. Ration Money Allowance (in peace)

A new code is to be generated for Ration Money Allowance to officers posted in peace area and the same is to be published on POSIN/POSOUT, as the case may be.

Sr. No. Occurrence Code
3.107(a) GTDRMONY
3.107(b) STPRMONY

A certificate to the effect is also be enclosed with the DO Part II orders:

a. Certified that the conditions laid down in GoI, MoD letter No. 03(01)/2016/D(QS) dated 31/07/2017 have been fulfilled.

ii. The officer is posted to peace station i.e................... (name of the station)

iii. No free messing/ration in kind was provided for the period.

iv. The officer has not claimed, paid Daily Messing Allowance for the period for which Ration Money Allowance is claimed.

Source: https://pcdaopune.gov.in

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Initial pay fixation of re-employed ex-servicemen who held posts below Commissioned Officer Rank in Defence Forces, retired before attaining the age of 55 years and have been appointed on re- employment basis in civilian posts in Railways

NFIR

No. 11/35/2018

Dated: 11/04/2018

The Secretary,
Department of Personnel & Training,
North Block,
Central Secretariat,
New Delhi-110001

Dear Sir,

Sub: Initial pay fixation of re-employed ex-servicemen who held posts below Commissioned Officer Rank in Defence Forces, retired before attaining the age of 55 years and have been appointed on re- employment basis in civilian posts in Railways etc - reg.

Ref: (i) General Secretary/NFIR's letter No. I1/35/Part XIV dated 29/01/2018 addressed to the Hon'ble Prime Minister of India.
(ii) PMO ID No. PMOPG/D/2018/0044515 dated 02/02/2018 addressed to the Secretary, DoP&T and copy to the Federation.

The Federation desires to invite kind attention of the DoP&T to the reference made by the General Secretary, NFIR vide letter No. II/35/Part XIV dated 29/01/2018 (addressed to the Hon'ble Prime Minister) on the subject matter, the same has however, been forwarded by the PMO vide ID No. PMOPG/D/2018/0044515 dated 02/02/2018 for taking further action and conveying the outcome to the Federation.

In this connection, Federation once again brings to the notice of the DoP&T that injustice is being meted out to the former Defence Forces Personnel (PBORs), reemployed in Railways and other Central services on account of the fact that the pay drawn by them at the time of retirement from Defence Forces (prior to attaining 55 years age) has not been protected on their re-employment, while those retired Defence Forces Personnel on re-employment in the Public Sector Undertakings (PSUs) of Central/State Governments have been granted the benefit of pay fixation on the last pay drawn at the time of retirement from Armed Forces. The discrimination has resulted disappointment and frustration among the reemployed retired Armed Forces Personnel in Railways and Central Civil Services.

This subject was dealt by the National Federation of Indian Railwaymen (NFIR), at the level of Railway Ministry in the negotiating fora of PNM, demanding pay re-fixation in favour of re-employed Defence Forces Personnel on the basis of last pay drawn more particularly those who have been re-employed on and after 01/01/2006. On a reference made by Railway Ministry vide O.M. No. E(G)2013/EM 1-5 dated 07/12/2016, the DoP&T had however not agreed for reckoning last pay drawn for pay re-fixation on re-employment in railways. The Federation encloses a copy of Railway Ministry OM dated 07/12/2016 to the DoP&T and reply thereon received from DoP&T vide OM dated 21/02/2017.

Federation also states that DoP&T vide OM dated 18th Oct 2017 called for suggestions for finding single methodology for pay re-fixation of all the ex-servicemen including PBORs, commissioned officers, ex-competent clerks/storemen, NFIR vide letter of even no. dated 21/12/2017 has submitted valid suggestions to the Secretary, Ministry of Defence, Dept of Ex-Servicemen, Welfare, South Block, New Delhi, as follows:-

(a) Considering the crucial role of Defence Forces Personnel in safeguarding the Nation’s borders, they be given pay fixation on the basis of their last pay drawn on re-employment in the Railways and other Central Government Departments.

(b) Their pension needs to be totally ignored as the pension is the social security net provided in recognition to their loyal services to the nation.

(c) The PBORs are not the Personnel of high rankings with higher wages, therefore their case needs to be considered with sympathy and their last pay drawn at the time of retirement from armed forces, to be treated as entry pay on re-employment in Railways and Central Government Departments.

(d) Alternatively, the number of years service rendered by the PBORs in Armed Forces be taken into account for granting pay fixation duly adding the quantum of equal number of increments to the minimum pay of the re-employed post. This may be made applicable to all PBORs who have joined Central Government Departments after 01/01/2006.

(e) In those cases of PBORs retired before attaining the age of 55 years and got re-employment in Government services, their initial pay on re-employment may be fixed at the minimum of the scale of pay prescribed for the post and after fixing the pay, in case the initial pay so fixed, is found to be less than the last pay drawn in the Armed Forces, all such cases may be treated as "cases of undue hardship" and in those cases, their pay may be re-fixed at higher stage duly granting one increment for each year of service rendered in the Armed Forces in order to bring their initial pay at par with the pre-retirement pay, while their pension already drawn be continued un-altered.

NFIR, therefore, requests to kindly see that the above legitimate request of former Defence Forces Personnel is agreed to and orders issued soon. Federation also requests to kindly communicate the action taken in the matter early.

DA/As above

Yours sincerely,

S/d,

(Dr. M. Raghavaiah)

General Secretary 

Source: NFIR

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Initial pay fixation of re-employed ex- servicemen who held post below Commissioned Officer Rank in Defence Forces, retired before attaining the age of 55 years and have been appointed on re-employment basis in civilian posts in Railways etc

Initial pay fixation of re-employed ex- servicemen who held post below Commissioned Officer Rank in Defence Forces, retired before attaining the age of 55 years and have been appointed on re-employment basis in civilian posts in Railways etc

No. II/35/Part XIV

Dated: 21/12/2017

The Secretary,
Ministry of Defence,
Department of Ex-Servicemen Welfare,
[D(Res- I)],
South Block,
New Delhi

Dear Sir,
Sub: Initial pay fixation of re-employed ex-servicemen who held post below Commissioned Officer Rank in Defence Forces, retired before attaining the age of 55 years and have been appointed on re- employment basis in civilian posts in Railways etc., - reg.

Ref: DoP&T OM F.No. 3/3/2016-Estt. (Pay-II) dated 18th October, 2017.

The Defence Forces Personnel (PBORs) have been put to grave injustice as their last pay drawn at the time of retirement from Defence Forces has not been protected on their re-employment in the Central Government Departments (Railways etc.,).

However, such of those Defence Forces Personnel retired from the Defence Forces and got re-employed in the Public Sector undertakings in the country have the benefit of pay fixation on last pay drawn at the time of their retirement from the Armed Forces. This reveals that the Force Personnel re- employed in the Railways and other Central Government Departments have been discriminated against.

The National Federation of Indian Railwaymen (NFIR), a premier Federation of Railway'employees had taken up the subject matter at the level of Railway Ministry in one of the PNM meetings, demanding pay re-fixation in favour of re- employed Defence Forces Personnel on the basis of last pay drawn particularly those who were re-employed on and after 01/01/2006. Conceding the Federation's demand, the Railway Ministry vide OM No. E(G)2013/EM 1-5 dated 07/12/2016 had sent proposal to the DoP&T, but however, the same was turned down. In this connection, Federation encloses a copy of Railway Ministry OM dated 07/12/2016 addressed to DoP&T together with the reply received from DoP&T vide OM No. 1213833/2016- Estt. (Pay-II) dated 21St February 2017.
The NFIR has now learnt that the DoP&T vide OM F.No. 3/3/2016-Estt. (Pay-II) dated 18th October, 2017 has sent proposal to the Department of Ex-Servicemen Welfare, (Sena Bhawan) South Block, New Delhi, suggesting that single methodology for pay fixation of all the re-employed pensioners including the PBORs, Commissioned Officers, Ex-Combatant Clerks/Storeman etc., needs to be evolved, superseding the previous instructions contained in DoP&T OM dated 31st July 1986. The Department of Ex-Servicemen Welfare, is consulting the re-employed Defence Forces Personnel for eliciting their views before sending its views to DoP&T for its consideration.

NFIR now suggests to the Ministry of Defence to consider, the following valid points for taking up the matter with the DoP&T:

(a) Considering the role of Defence Forces Personnel for safeguarding the Nation's integration, these personnel deserve to be given pay fixation on the basis of their last pay drawn on re-employment in the Railways and other Central Government Departments.

(b) Their pension needs to be totally ignored as the pension is the social security net in recognition to their loyal services to the nation.

(c) The PBORs are not the Personnel of high rankings with higher wages, therefore their case needs to be considered with greater sympathy and for the said reason their last pay drawn at the time of retirement needs to be treated as entry pay on re-employment in Railways and Central Government Departments.

(d) Alternatively, the number of years service rendered by the PBORs in Armed Forces be taken into account for granting pay fixation duly adding equal number of increments to the minimum pay of the re-employed post. This can be made applicable to all PBORs who have joined Central Government Departments after 01/01/2006.

(e) It is also proposed that in those cases of PBORs retired before attaining the age of 55 years and got re-employed in Government services, their initial pay on re-employment may be fixed at the minimum of the scale of pay prescribed for the post and after fixing the pay, in case the initial pay so fixed, is found to be less than the last pay drawn in the Armed Forces, all such cases may be treated as "cases of undue hardship" and in those cases, their pay may be re-fixed at higher stage duly granting one increment for each year of service rendered in the Armed Forces so as to bring their initial pay at par with the pre-retirement pay. However, the pension already drawn by these. Personnel need not be meddled with.

NFIR trusts that the above suggestions may kindly be considered for inclusion in the proposal to be sent to the DoP&T. We shall be grateful if copy of the proposal sent to DoP&T is made available to the Federation to enable us to follow up the matter.
DA/As above

Yours faithfully,

S/d,
(Dr. M. Raghavaiah)
General Secretary

---

Government of India
Ministry of Railways
(Railway Board)

No. E(G) 2013/EM 1-5

New Delhi, dated 21 March, 2017

The General Secretary,
National Federation of Indian Railwaymen,
3, Chelmsford Road,
New Delhi.

Sir,
Sub: Initial pay fixation of re-employed ex-servicemen who held post below Commissioned Officer rank in Defence Forces, retired before attaining the age of 55 years and have been appointed on re- employment basis in civilian posts Regarding.

The undersigned is directed to refer to NFIR's letter No.11/3 5/Part dated 23.11.2016 on the above subject and to state that with the reference to Board's letter of even number dated 7/12/2016 addressed to DOP&T pursuant to the discussion in the separate meeting on the issue held on 27/9/2016, DOP&T vide their OM No.1213833/2016-Estt(Pay-11) dated 21/2/2017 (copy enclosed) have clarified that the pay of non-commissioned ex- servicemen(PBOR) who retire from the Defence Forces before attaining the age of 55 years is to be fixed as per the entry pay in the revised pay structure of the re-employed post applicable in the Direct Recruits appointed on or after 1.1.2006 without any protection of last pay drawn, in accordance with prevailing guidelines vide para 4 of OM dated 31.07.1986 as amended vide OM dated 05.04.2010 which provide for methodology of pay fixation on re-employment.

DA: As above.

Yours faithfully,

S/d,

for Secretary
Railway Board

---

Dy. No. 1213833/2016-Estt.(Pay -II)

Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel and Training

North Block, New Delhi
Dated: 21 february, 2017

OFFICE MEMORANDUM

Subject: Initial pay fixation of re-employed ex-servicemen who held post below Commissioned Officer rank in Defence Forces, retired before attaining the age of 55 years and have been, appointed on re- employment basis in civilian posts - reg:

Ref: . Railway Board, Ministry-of Railways OM No. E(G) 2013/EMI-5 dated 07.12.2016
The undersigned is directed to refer to Railway Board, Ministry of Railways' OM dated 07.12.2016 on above cited subject.

2. It is informed that the pay of non-commissioned ex- servicemen. (PBOR) who retire from the Defence Forces before attaining the age of 55 years is to be fixed as per the entry -pay in the revised pay structure of the re-employed post applicable in the case of Direct Recruits appointed on or after 1.1.2006 without any protection of last pay drawn, in accordance with prevailing guidelines vide para 4 of OM dated 31.07.1986 as amended vide OM dated 05.04.2010 which provide for methodology of pay fixation on re-employment.

3. It is also advised that in case, clarification/interpretation of any of the rule position is required, the proposal may be referred to this Department in accordance with the procedure laid down in this Department's OM No.43011/9/2014-Estt.(D) dated 28.10.2015.

4. This has the approval of Joint Secretary (CDT).

S/d,
(Pushpender Kumar)
Under Secretary to the Government of India
Tel No.2304 0489

To
Shri S.Pal, joint Director Estt.(Genl.)
Ministry of Railways,
Railway Board,
Rail Bhavan,
New Delhi

---

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
( RAILWAY BOARD )

No.E(G)2013/EM 1-5

New Delhi, dated 7/12/2016

OFFICE MEMORANDUM

Sub: Initial pay fixation of re-employed ex-servicemen who held post below Commissioned Officer rank in Defence Forces, retired before attaining the age of 55 years and have been appointed on re- employment basis in civilian posts - Regarding.

The undersigned is directed to refer to a demand by the National Federation of Indian Railwaymen (NFIR), a recognised Federation of Railwaymen, who have requested that the initial pay of non-commissioned ex-servicemen (PBOR) who are re-employed on the Railways should be fixed by taking into account the service rendered by them in the Defence Forces. They are insisting that the fixation done in the minimum of the scale of the re-employed post should be according to the procedure laid down in para 4 (b) (ii) of DOP&T's OM s dated 31/7/86 as amended vide OM dated 11th November 2008, 5th April 2010 & 8th November, 2010. The Federation states that the content of these OMs clearly states that the Pay of re-employed former Defence Forces Personnel should be fixed as per Rule 7 of CCS (RP) Rules 2008 i.e. at the same stage of their last basic pay drawn at the time of retirement i.e. allowing one increment (in the post held at the time of retirement) for each year of service the ex-servicemen has rendered at the time of retirement with the proviso that the pay thus fixed does not exceed:

(a) the pay drawn prior to retirement for non-commissioned officer of all three forces like Army, Navy and Air Force (Sub para 2 (ix) of Para 3 & Para 4 (b) (ii) of OM dated 31st July 1986 are relevant).

(b) Para 5 of DoP&T's OM No. 3/13/2008-Estt.(Pay-II) dated 11th November, 2008 stipulated enhancement of existing ceiling of Rs. 26000/- for drawal of pay plus gross pension on re-employment to Rs. 80,000/- p.m.

2. However, their attention was drawn to the provisions in DOP&T's OM No.3/1/85-Estt.(pay-II) dated 31st July 1986 and OM NO. 3/19/2009-Estt.(Pay-II) dated 5th April 2010, governing initial pay fixation, inter alia, of re-employed ex-servicemen who held post below Commissioned Officer-rank in Defence Forces and retired before attaining the age of 55 year and have been appointed on re- employment basis in the Railways. As per these orders, the initial pay of such re-employed pensioners is to be fixed in terms of provisions of Central Civil Services (Fixation of Pay of Re-employed Pensioners) Orders, 1986 issued by Department of Personnel and Training vide OM No. 3/1/85-Estt.(Pay-II) dated 31/7/1986 as amended from time to time.

3. It is to be seen that revised provision contained in Para 2 of OM dated 5th April 2010 revising the contents of Para 4(d)(i) of CCS (Fixation of Pay of Re-employed Pensioners) Orders, 1986 provides that in case of ex-servicemen who held post below Commissioned Officer rank in the Defence Forces and in the case of civilians who held posts below Group 'A' posts at the time of their retirement before 55 years of age, the entire pension and pension equivalent of retirement benefits shall be ignored, i.e. no deduction on this count is to be made from the initial pay fixed on re-employment. Also, in terms of the Para 4(a) and Para 4(b)(i) of CCS (Fixation of Pay of Re-employed Pensioners) Orders, 1986, as amended vide DOP&T's OM No. 3/19/2009-Estt. (Pay.II) dated 5/4/2010, the initial pay on re-employment of such pensioners shall be fixed as per the entry pay in the revised pay structure of the re-employed post applicable in the case of Direct Recruits appointed on or after 1/1/2006 as notified vide Section II, Part A of First Schedule to CCS(Revised Pay) Rules, 2008. As is explicit, these instructions do not provide for protection of last pay drawn before retirement, in such cases. Therefore, the fixation of pay of re-employed ex-servicemen is being done accordingly on the Railways.

4. However, the Federation does not agree with the above contention and desires that the pay of ex-Defence Forces personnel re-employed in Railways should be fixed in accordance with the clarification issued vide DoP&T's OM dated 5th April, 2010 in Para 3 (iv) & (v) which contain clarifications duly stating that the pay of the ex-servicemen, re-employed in the Central Government Organizations will be fixed in accordance with the provision contained in DoP&T's OM No. 3/13/2008-Estt.(pay-II) dated 11/11/2008 after exercising option in the manner laid down in Rule 6 of CCS (RP) Rules, 2008 and the fixation of pay is to be regulated in accordance with the provisions of Rule 7 of CCS (RP) Rules 2008.

The Federation has further pointed out that the initial pay of a re-employed military pensioner and a direct recruit cannot be the same in view of the fact that the pay of the re-employed Defence Forces Pensioner is to be done as per the provisions of Rule 7 of CCS (RP) Rules, 2008 as mentioned in the DoP&T's OM dated 11/11/2008 and not under Rule 8 of CCS (RP) Rules, 2008 applicable to direct recruits - the two entrants being independent and have no co-relation with each other.

5. After protracted correspondence and discussion of the issue between NFIR and the concerned of this Ministry, as NFIR are still not convinced with the official stand on this issue and insisting on implementation of Para 3 (iv) and (v) of DoP&T's O.M. Dated 5/4/2010. Hence, it was decided to refer the matter to DOPT for clarification.

6. In the light of the position as brought out above, DOP&T are requested to clarify specifically as to whether the contention of NFIR that - the pay of non - commissioned ex-servicemen (PBOR) who retire from the Defence Forces before attaining the age of 55 years, and are subsequently re-employed on the Railways should be fixed by taking into account the service rendered by them and last pay drawn in the Defence Forces, is in order, or the procedure being followed on the Railways i.e. fixing the pay of such re-employed ex-servicemen as per the entry pay in the revised pay structure of the re-employed post applicable in the case of Direct Recruits appointed on or after 1/1/2006, without any pay protection is correct.

7. An early reply in the matter is solicited.

S/d,
(S. Pal)
Jt. Dir. Estt. (Genl.)

Shri A.K. Jain,
Deputy Secretary (Pay),
Ministry of Personnel, Public Grievances and Pensions,
Department of Personnel and Training,
North Block,
New Delhi.

Source : NFIR

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Important Supreme court Judgement - MACP should be given effect from 01.01.2016

Important Supreme court Judgement - MACP should be given effect from 01.01.2016

REPORTABLE

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION

CIVIL APPEAL DIARY NO.3744 OF 2016

Union of India and Ors. - Appellant(s)
Vs.
Balbir Singh Turn & Anr. - Respondent(s)
Deepak Gupta, J.

1. Applications for condonation of delay in filing and refiling the appeals are allowed.

2. This bunch of appeals is being disposed of by a common judgment since similar questions of law are involved.

3. The 6th Central Pay Commission was set up by the Government of India to make recommendations in matters relating to emoluments, allowances and conditions of service amongst other things. The Pay Commission also made recommendation with regard to armed forces personnel. On 30th August,2008, the Central Government resolved by a resolution of that date to accept the recommendation of the 6th Central Pay Commission (CPC for short) with regard to the personnel Below officer Rank (PBOR) subject to certain modifications clause (i) of the Resolution reads as follows:

"(i) Implementation of the revised pay structure of pay bands and grade pay, as well as pension, with effect from 01.01.2006 and revised rates of allowances (except Dearness Allowance/Relief) with effect from 01.09.2008".

clause 9 of the Resolution reads as follows:-

"(ix) Grant of 3 ACP up-gradation after 8,16 and 24 years of service of PBORs;"

4. Under the recommendations made by the 5th CPC there was a provision for Assured Career Progression (ACP). Vide this scheme, if an employee was not promoted he was entitled to get the next higher scale of pay after completion of 12/24 years of service. The 6th CPC recommended the grant of benefit of ACP after 10 and 20 years of service. The Union of India, however decided to grant 3 ACP upgradations, after 8, 16 and 24 years of service to PBORs, as per Clause (ix) extracted above. However, it would be pertinent to mention that the 6th CPC did away with the concept of pay scales and reduced the large number of pay scales into 4 pay bands and within the pay bands there was a separate grade pay attached to a post.

5. For the purpose of this judgment we are dealing with the facts of civil appeal diary No.3744 of 2016. It would be pertinent to mention that all the petitioners before the Armed Forces Tribunal (AFT for short) who are respondents before us are persons below officer rank. The respondents in this case retired after 01.01.2006 but prior to 31.08.2008. They claim that the benefit of the Modified Assured Career progression (MACP for short) was denied to them on the ground that the MACP was made applicable only with effect from 01.09.2008. The respondents approached the AFT praying that they are entitled to the benefit of MACP w.e.f 01.01.2006, i.e., the date from which the recommendation of the 6th CPC with regard to pay and benefits were made applicable. The stand of the Union of India was that the MACP was applicable only w.e.f. 01.09.2008 and, therefore, the respondents who had retired prior to the said date were not entitled to the benefit of the MACP. The AFT vide the impugned order dated 21.05.2014 held that the benefit of ACP granted to an employee is part of the pay structure which not only affects his pay but also his pension and, therefore, held that the ACP is not an allowance but a part of pay and, therefore, in terms of Clause (i) of the Government Resolution the MACP was payable w.e.f. 01.01.2006.

6. The question that arises for decision is whether the benefit of MACP is applicable from 01.01.2006 or from 01.09.2008.

7. The answer to this question will lie in the interpretation given to the Government Resolution, relevant portion of which has been quoted here in above. A bare perusal of Clause(i) of the Resolution clearly indicates that the Central Government decided to implement the revised pay structure of pay bands and grade pay, as well as pension with effect from 01.01.2006. The second part of the Clause lays down that all allowances except the Dearness Allowance/relief will be effective from 01.09.2008. The AFT held, and in our opinion rightly so, that the benefit of MACP is part of the pay structure and will affect the grade pay of the employees and, therefore, it cannot be said that it is a part of allowances. The benefit of MACP if given to the respondents would affect their pension also.

8. We may also point out that along with this Resolution there is Annexure- I. Part-A of Annexure-I deals with the pay structure, grade pay, pay bands etc., and Item 10 reads as follows :

10

Assured Career Progression Scheme for PBORs. The Commission recommends that the time bound promotion scheme in case of PBORs shall allow two financial upgradations on completion of 10 and 20 years of service as at present. The financial upgradations under the scheme shall allow benefit of pay fixation equal to one increment along with the higher grade pay. As regards the other suggestions relating to residency period for promotion of PBORs Ministry of Defence may set up an Inter- Services Committee to consider the matter after the revised scheme of running bands is implemented (Para 2.3.34)

Three ACP upgradation after 8, 16 and 24 years of service has been approved. The upgradation will take place only in the hierarchy of Grade Pays, which need not necessarily be the hierarchy in that particular cadre.

Part-B of Annexure-I deals with allowances, concessions & benefits and Conditions of Service of Defence Forces Personnel. It is apparent that the Government itself by placing MACP in Part-A of Annexure-I was considering it to be the part of the pay structure.

9.The MACP Scheme was initially notified vide Special Army Instructions dated 11.10.2008. The Scheme was called the Modified Assured Career Progression Scheme for Personnel Below Officer Rank in the Indian Army. After the Resolution was passed by the Central Government on 30.08.2008 Special Army Instructions were issued on 11.10.2008 dealing with revision of pay structure. As far as ACP is concerned Para 15 of the said letter reads as follows:

"15. Assured Career Progression. In pursuance with the Government Resolution of Assured Career Progression (ACP), a directly recruited PBOR as a Sepoy, Havildar or JCO will be entitled to minimum three financial upgradations after 8, 16 and 24 years of service. At the time of each financial upgradation under ACP, the PBOR would get an additional increment and next higher grade pay in hierarchy.


Thereafter, another letter was issued by the Adjutant General Branch on 03.08.2009. Relevant portion of which reads as follows:-

“…….The new ACP (3 ACP at 8, 16 and 24 years of service) should be applicable w.e.f. 1 Jan 2006, and the old provns (operative w.e.f. the Vth Pay Commission) would be applicable till 31 Dec. 05. Regular service for the purpose of ACP shall commence from the date of joining of a post in direct entry grade.


Finally, on 30.05.2011 another letter was issued by the Ministry of Defence, relevant portion of which reads as follows:-

“5. The Scheme would be operational w.e.f. 1st Sep. 2008. In other words, financial up-gradations as per the provisions of the, earlier ACP scheme (of August 2003) would be granted till 31.08.2008.”

Therefore, even as per the understanding of the Army and other authorities up till the issuance of the letter dated 30.05.2011 the benefit of MACP was available from 01.01.2006.

10. As already held by us above, there can be no dispute that grant of ACP is part of the pay structure. It affects the pay of the employee and he gets a higher grade pay even though it may be in the same pay band. It has been strenuously urged by Col. R. Balasubramanian, learned counsel for the UOI that the Government took the decision to make the Scheme applicable from 01.09.2008 because many employees would have lost out in case the MACP was made applicable from 01.01.2006 and they would have had to refund the excess amount, if any, paid to them. His argument is that under the old Scheme if somebody got the benefit of the ACP he was put in the higher scale of pay. After merger of pay scales into pay bands an employee is only entitled to higher grade pay which may be lower than the next pay band. Therefore, there may be many employees who may suffer.

11. We are only concerned with the interpretation of the Resolution of the Government which clearly states that the recommendations of 6th CPC as modified and accepted by the Central Government in so far as they relate to pay structure, pay scales, grade pay etc. will apply from 01.01.2006. There may be some gainers and some losers but the intention of the Government was clear that this Scheme which is part of the pay structure would apply from 01.01.2006. We may also point out that the Resolution dated 30.08.2008 whereby the recommendation of the Pay Commission has been accepted with modifications and recommendations with regard to pay structure, pay scales, grade pay etc. have been made applicable from 01.01.2006. This is a decision of the Cabinet.

This decision could not have been modified by issuing executive instruction. The letter dated 30.05.2011 flies in the face of the Cabinet decision reflected in the Resolution dated 30.08.2008. Thus, administrative instruction dated 30.05.2011 is totally ultra vires the Resolution of the Government.

12. Col. R. Balasubramanian, learned counsel for the UOI relied upon the following three judgments viz. P.K. Gopinathan Nair & Ors. v. Union of India and Ors. 1 , passed by the High Court of Kerala on 22.03.2017, Delhi Urban Shelter Improvement Board v. Shashi Malik & Ors.2, passed by the High Court of Delhi on 01.09.2016, K.K. Anandan & Ors. v. The Principal Accountant General Kerala (Audit) & Ors3 passed by the Central Administrative Tribunal, Ernakulam Bench, Kerala on 08.02.2013. In our view, none of these judgments is applicable because the issue whether the MACP is part of the pay structure or allowances were not considered in any of these cases.

13. In this view of the matter we find no merit in the appeals, which are accordingly disposed of. All pending applications are also disposed of.

…………………………..J.
(Madan B. Lokur)

……………………………J.
(Deepak Gupta)

New Delhi
December 08, 2017

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Women Personnel in Defence Forces

Women Personnel in Defence Forces 

Presently, women are recruited in Indian Army as Officers through Short Service Commission (SSC) on all India merit basis along with men candidates.  Women Officers are inducted in Army Service Corps, Army Ordnance Corps, Army Education Corps, Judge Advocate General Branch including Engineers, Signals, Intelligence and Electrical & Mechanical Engineering branches.  In addition, they are also commissioned in Medical Branch Army Medical Corps (AMC), Army Dental Corps (ADC) and Military Nursing Service (MNS).  Further, Women Officers are eligible for grant of Permanent Commission in Judge Advocate General (JAG) Department and in Army Education Corps (AEC) of Army.

The IAF has pioneered the entry of women as officers in flying and ground duty.

In Indian Navy, women officers are inducted through Short Service Commission, in Logistics, Law, Observers, Air Traffic Control (ATC), Pilots (Maritime Reconnaissance Stream), Naval Armament Inspectorate cadre (NAIC), Naval Architecture and Education Branch.

The details of women officers in Army (excluding Medical, Dental & Nursing Branch), in Indian Air Force (excluding Medical and Dental Branch) and in Indian Navy recruited during the last three years, Service-wise, are as under:-

Year	Army	Navy	Air Force
2014	104	57	155
2015	72	35	223
2016	69	43	108

The percentage of women officers in the three services of armed forces are as under:-

Percentage of women officers
Army	Navy	Air Force
3.64% (as on 1.1.2017)	4.49% (as on June 2017)	13% (as on July 2017)

In 2011, the Government approved consideration of women Short Service Commission Officers (SSCOs) for grant of permanent commission along with men SSCOs in specific branches in the three services viz. Judge Advocate General (JAG), and Army Education Corps (AEC) of the Army and their corresponding branches in Navy and Air Force, Naval Constructor in Navy and Accounts Branch in Air Force.

 In March 2016, approval has been accorded for induction of women Short Service Commission (SSC) officers as Pilots in Maritime Reconnaissance (MR) stream and in the Naval Armament Inspectorate (NAI) cadre.  The inductions are planned commencing from mid 2017.

 In the Indian Air Force since 1993, women officers have been inducted in all branches and stream as Short Service Commissioned Officers except in the fighter stream.  However, IAF has revised Short Service Commission scheme to induct women into the fighter stream on experimental basis for five years.  The first batch of three women officers was commissioned in the fighter stream on June 18, 2016.

In addition, steps like increasing tenure of women officers and improving promotional prospects in Army have been taken to increase participation of women in the Army.

This information was given by Minister of state for Defence Dr. Subhash Bhamre in a written reply to Shri Harish Chandra alias Harish Dwivedi in Lok Sabha today.

 Source : PIB

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Workshop on Defence Procurements (Ex-Import): Important issues concerning contractual payments

Workshop on "Defence Procurements (Ex-Import): Important issues concerning contractual payments"

The Controller General of Defence Accounts (CGDA) organised a workshop, here today, to discuss various important issues for bringing high degree of efficiency into the process leading to payments of imported stores, for the Defence Services like fighter aircraft, advance weapon systems and platforms, etc. from foreign countries like United States, France, Israel, Russia, etc.

Speaking at the function, CGDA Ms Veena Prasad, highlighted the necessity of developing better understanding amongst all the agencies on complexities of foreign contracts and payments for evolving a seamless system for ensuring prompt payments in terms of contractual provisions and thus ensuring timely delivery of the imported stores by the foreign vendors to our Defence Forces.

Other distinguished dignitaries who expressed their views on the occasion were Financial Advisor (Defence Services) Shri Sunil Kohli, Vice Chief of the Army Staff Lt Gen Sarath Chand, Vice Chief of the Air Staff Air Marshal S B Deo, Vice Chief of the Naval Staff Vice Admiral Karambir Singh and Deputy MD, State Bank of India Shri Siddhartha Sen Gupta.

The recommendation of the workshop would be presented to the Ministry of Defence for its consideration.

The workshop was attended by senior officers from the Ministry of Defence, the Indian Army, Navy and Air Force. Officers from the CGDA Headquarters, Principal Controller of Defence Accounts (PCDA), New Delhi and State Bank of India also participated. It gave an opportunity to all participants to discuss payment related multiple aspects in order to bring efficiency in the entire system so as to ensure prompt payments and consequential delivery of the systems

PIB

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Initial Pay Fixation of re-employed ex-servicemen who held post below Commissioned Officer rank in Defence Forces, retired before attaining the age of 55 years and have been appointed on re-employment basis in civilian posts

Initial Pay Fixation of re-employed ex-servicemen who held post below Commissioned Officer rank in Defence Forces, retired before attaining the age of 55 years and have been appointed on re-employment basis in civilian posts

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD

No.E(G) 2013/EM 1-5

New Delhi, dated 21st March, 2017

The General Secretary
National Federation of Indian Railwaymen
3, Chelmsford Road
New Delhi.

Sir,

Sub: Initial Pay Fixation of re-employed ex-servicemen who held post below Commissioned Officer rank in Defence Forces, retired before attaining the age of 55 years and have been appointed on re-employment basis in civilian posts - regarding.

The undersigned is directed to refer to NFIR's letter No.II/35/Part XIII dated 23.11.2016 on the above subject and to state that with the reference to Board's letter of even number dated 7-12-2016 addressed to DOP&T pursuant to the discussion in the separate meeting on the issue held on 27-09-2016, DOP&T vide their OM No.1213833/2016-Estt(Pay-II) dated 21/2/2017 (copy enclosed) have clarified that the pay of non-commissioned ex-servicemen (PBOR) who retire from the Defence Forces before attaining the age of 55 years is to be fixed as per the entry pay in the revised pay structure of the re-employed post applicable in the Direct Recruits appointed on or after 1.1.2006 without any protection of last pay drawn, in accordance with prevailing guidelines vide para 4 of OM dated 31.07.1986 as amended vide OM dated 05.04.2010 which provide for methodology of pay fixation on re-employment.

Yours faithfully,
for Secretary/Railway Board

DA:As above.

Signed Copy

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Women Personnel of the Armed Forces

Women Personnel of the Armed Forces

The number of women officer's (excluding medical and dental branch) in all the three wings of defence forces is as under:

Army (as on 1.1.2017)	Navy (as on 16.3.2017)	Air Force (as on 1.3.2017)
1528	469	1581

The details of women officers (excluding medical and dental branch) recruited during the last four years and the current year, Service-wise, are as under:-

Year	Army	Navy	Air Force
2013	127	50	144
2014	104	57	155
2015	72	35	223
2016	69	43	108
2017 (till March)	35	01	14

In 2011, the Government  approved consideration of women Short Service Commission Officers (SSCOs) for grant of permanent commission along with men SSCOs in specific branches in the three services viz. Judge Advocate General (JAG), and Army Education Corps (AEC) of the Army and their corresponding branches in Navy and Air Force, Naval Constructor in Navy and Accounts Branch in Air Force.

In March 2016, approval has been accorded for induction of women Short Service Commission (SSC) officers as Pilots in Maritime Reconnaissance (MR) stream and in the Naval Armament Inspectorate (NAI) cadre.  The inductions are planned commencing from mid-2017.

The IAF has revised Short Service Commission (SSC) scheme to induct women into the fighter stream on an experimental basis for a period of five years.  The first batch of three women officers were commissioned into the fighter stream on June 18, 2016.

This information was given by Minister of State for Defence Dr. Subhash Bhamre in a written reply to Shri Tiruchi Siva in Rajya Sabha today.

PIB

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Treatment of Military Service Pay (MSP) while fixing the pay of ex-servicemen re-employed on the Railways: Railway Board

Treatment of Military Service Pay (MSP) while fixing the pay of ex-servicemen re-employed on the Railways: Railway Board

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD
No.E(G)2013/EM 1-5

New Delhi, dated 16/01/2017

The General Secretary,
N.F.I.R.,
3, Chelmsford Road,
New Delhi - 110055.

Dear Sir,

Sub:  Applicability of Railway Services (Revised Pay) Rules, 2008 for persons re-employed in Railway service after retirement from Defence Forces - reg.

The undersigned is directed to refer to NFIR's letter-(No.II/35/Pt. XIII dated 23/11/2016 on the above subject and to state that as decided in the meeting with representatives of NFIR in the meeting held in ED/IR's room on 27/9/2016, reference has been made to DOP&T for seeking clarification, duly incorporating the-views of NFIR (copy enclosed). Their reply in the matter is awaited despite a reminder dated 4/1/2017.

Instructions have also been issued to GMs/Zonal Railways, Production Units etc. vide letter [No. E(G)/2013/EM 1-5 dated 15/12/2016] (copy enclosed) for strictly complying with the instructions contained in Board's  letter No. E(G)2013/EM 1-4 dated 24/7/2013 regarding treatment of Military Service Pay (MSP) while fixing the pay of ex-servicemen re-employed on the Railways.

DA: As above

Yours faithfully,
sd/-
for Secretary Railway Board

Source: NFIR

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Budget 2017 - ECs Order could bring Cheer to Central Government Employees

Budget 2017 - EC's Order could bring Cheer to Central Government Employees

Budget 2017 will be keenly watched by millions of CG employees, after waiting patiently for months over hike in allowances as recommended by the 7th Pay Commission.

A new development on Monday could still raise hopes for about 47 lakh Central government employees and 53 lakh pensioners, of which 14 lakh employees and 18 lakh pensioners are from the defence forces, despite the model code of conduct.

The Election Commission of India (EC) said in its order issued on Monday that the budget cannot have promises that are aimed at the five states that could give an electoral edge.

"The Commission hereby directs that in the interest of free and fair elections and in order to maintain level playing field during elections, no State specific schemes shall be announced in the National Budget which may have the effect of influencing the electors of the five poll going States in favour of the ruling party(ies)," the EC said.

“It may be ensured that in the Budget Speech, the Government's achievements in respect of said five States will also not be highlighted in any manner,” the poll panel added.

In other words, the present government could take a call on raising allowances as proposed by the 7th CPC since the decision would have a pan-India effect and not necessarily be seen as luring voters of the five states. So, the model code of conduct need not come as a hurdle.

Money has not been seen as a constraint given that the tax collections have remained buoyant this year and the government also made adequate provisions (Rs. 70,000 crore) for implementing the 7th CPC proposals in Budget 2016.

"The Government announced that the second income disclosure scheme (IDS II) will run till March 31. We continue to estimate that it will net the fisc about Rs1000bn/0.7% of GDP of additional taxes. This should allow Finance Minister Jaitley to hold the FY18 fiscal deficit at 3.5% of GDP - same as FY17's - and at the same time fund the 7th Pay Commission and recapitalize PSU banks, without cutting back on public capex," BofA Merrill Lynch had said in a note a few weeks ago.

Source: IBtimes

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Initial pay fixation of re-employed ex-servicemen who held post below Commissioned Officer rank in Defence Forces, retired before attaining the age of 55 years and have been appointed on re-employment basis in civilian posts

Initial pay fixation of re-employed ex-servicemen who held post below Commissioned Officer rank in Defence Forces, retired before attaining the age of 55 years and have been appointed on re-employment basis in civilian posts - Regarding.

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD

No.E(G)2013/EM 1-5

New Delhi, dated 7/12/2016

OFFICE MEMORANDUM

Sub: Initial pay fixation of re-employed ex-servicemen who held post below Commissioned Officer rank in Defence Forces, retired before attaining the age of 55 years and have been appointed on re-employment basis in civilian posts - Regarding.

The undersigned is directed to refer to a demand by the National Federation of Indian Railwaymen (NFIR), a recognised Federation of Railwaymen, who have requested that the initial pay of non-commissioned ex-servicemen (PBOR) who are re-employed on the Railways should be fixed by taking into account the service endered by them in the Defence Forces. They are insisting that the fixation done in the minimum of the scale of the re-employed post should be according to the procedure laid down in para 4 (b) (ii) of DOP&T’s OM s dated 31/7/86 as amended vide OM dated 11th November 2008, 5th April 2010 & 8th November, 2010. The Federation states that the content of these OMs clearly states that the Pay of re-employed former Defence Forces Personnel should be fixed as per Rule 7 of CCS (RP) Rules 2008 i.e. at the same stage of their last basic pay drawn at the time of retirement i.e. allowing one increment (in the post held at the time of retirement) for each year of service the ex-servicemen has rendered at the time of retirement with the proviso that the pay thus fixed does not exceed:-

(a) The pay drawn prior to retirement for non-commissioned officer of all three forces like Army, Navy and Air Force (Sub para 2 (ix) of Para 3 & Para 4 (b) (ii) of OM dated 31st July 1986 are relevant).

(b) Para 5 of DOP&T’s OM No. 3/13/2008-Estt.(Pay-II) dated 11th November, 2008 stipulated enhancement of existing ceiling of Rs. 26000/- for drawal of pay plus gross pension on re-employment to Rs. 80,000/- p.m.

2. However, their attention was drawn to the provisions in DOP&T’s OM No. 3/1/85-Estt.(pay-II) dated 31st July 1986 and OM NO. 3/19/2009-Estt.(Pay-II) dated 5th April 2010, governing initial pay fixation, inter alia, of re-employed ex-servicemen who held post below Commissioned Officer rank in Defence Forces and retired before attaining the age of 55 years and have been appointed on re-employment basis in the Railways. As per these orders, the initial pay of such re-employed pensioners is to be fixed in terms of provisions of Central Civil Services (Fixation of Pay of Re-employed Pensioners) Orders, 1986 issued by Department of Personnel and Training vide OM No. 3/1/85-Estt.(Pay-II) dated 31/7/1986 as amended from time to time.

3. It is to be seen that revised provision contained in Para 2 of OM dated 5th April 2010 revising the contents of Para 4(d)(i) of CCS (Fixation of Pay of Re-employed Pensioners) Orders, 1986 provides that in case of ex-servicemen who held post below Commissioned Officer rank in the Defence Forces and in the case of civilians who held posts below Group ‘A’ posts at the time of their retirement before 55 years of age, the entire pension and pension equivalent of retirement benefits shall be ignored, i.e. no duduction on this count is to be made from the initial pay fixed on re-employment. Also, in terms of the Para 4(a) and Para 4(b)(i) of CCS (Fixation of Pay of Re-employed Pensioners) Orders, 1986, as amended vide DOP&T’s OM No. 3/19/2009-Estt.(Pay.II) dated 5/4/2010, the initial pay on re-employment of such pensioners shall be fixed as per the entry pay in the revised pay structure of the re-employed post applicable in the case of Direct Recruits appointed on or after 1/1/2006 as notified vide Section II, Part A of First Schedule to CCS(Revised Pay) Rules, 2008. As is explicit, these instructions do not provide for protection of last pay drawn before retirement, in such cases. Therefore, the fixation of pay of re-employed ex-servicemen is being done accordingly on the Railways.

4. However, the Federation does not agree with the above contention and desires that the pay of ex-Defence Forces personnel re-employed in Railways should be fixed in accordance with the clarification issued vide DoP&T’s OM dated 5th April, 2010 in Para 3 (iv) & (v) which contain clarifications duly stating that the pay of the ex-servicemen, re-employed in the Central Government Organizations will be fixed in accordance with the provision contained in DoP&T’s OM No. 3/13/2008-Estt.(pay-II) dated 11/11/2008 after exercising option in the manner laid down in Rule 6 of CCS (RP) Rules, 2008 and the fixation of pay is to be regulated in accordance with the provisions of Rule 7 of CCS (RP) Rules 2008.

The Federation has further pointed out that the initial pay of a re-employed military pensioner and a direct recruit cannot be the same in view of the fact that the pay of the re-employed Defence Forces Pensioner is to be done as per the provisions of Rule 7 of CCS (RP) Rules, 2008 applicable to direct recruits – the two entrants being independent and have no co-relation with each other.

5. After protracted correspondence and discussion of the issue between NFIR and the concerned officials of this Ministry, as NFIR are still not convinced with the official stand on this issue and insisting on implementation of Para 3 (iv) and (v) of DoP&T’s O.M. Dated 5/4/2010. Hence, it was decided to refer the matter to DOP&T for clarification.

6. In the light of the position as brought out above, DOP&T are requested to clarify specifically as to whether the contention of NFIR that the pay of non-commissioned ex-servicemen (PBOR) who retire from the Defence Forces before attaining the age of 55 years, and are subsequently re-employed on the Railways should be fixed by taking into account the service rendered by them and last pay drawn in the Defence Forces, is in order, or the procedure being followed on the Railways i.e. fixing the pay of such re-employed ex-servicemen as per the entry pay in the revised pay structure of the re-employed post applicable in the case of Direct Recruits appointed on or after 1/1/2006, without any pay protection is correct.

7. An early reply in the matter is solicited.

(S. Pal)
Jt. Dir. Estt. (Genl.)

Shri A.K. Jain,
Deputy Secretary (Pay),
Ministry of Personnel, Public Grievances and Pensions,
Department of Personnel and Training,
North Block,
New Delhi.

Source: NFIR

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Pay Parity between Military and Civilian Personnel

Press Information Bureau
Government of India

25-11-2016

Pay Parity between Military and Civilian Personnel

The 7th Central Pay Commission (CPC), an expert body constituted by the Government, gave its  recommendations on emolument structure of government employees, including personnel belonging
to Defence Forces, after due consultation with various stakeholders and thorough examination of various aspects involved. The Commission recommended separate Pay Matrix for Defence Forces
after considering: (i)principles and philosophy adopted in devising the Pay Matrix for civilian employees; and (ii)some of the aspects in the rank structure unique to Defence Forces. The Government accepted the Commission’s recommendations on Minimum Pay, Fitment Factor, Index of Rationalization, Pay Matrices and general recommendations on pay with certain exceptions in Defence Pay Matrix, namely, (i)revision of Index of Rationalization of Level 13A (Brigadier) from 2.57 to 2.67; and (ii)addition of three stages in Level 12A (Lt Colonel), three stages in Level 13 (Colonel), and two stages in Level 13A (Brigadier).

As and when issues regarding anomalies in the pay of defence personnel are brought to notice, the same are examined by the Government, on case to case basis.

This information was given by Minister of State for Defence Dr. Subhash Bhamre in a written reply to Shri Sultan Ahmed and others in Lok Sabha today.

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7th Pay Commission - 1st Meeting of the Anomaly Committee to be held on 1/12/2016

7th Pay Commission - 1st Meeting of the Anomaly Committee to be held on 1/12/2016

F.No.ll/2/2016-JCA(Pt)
Government of India
Ministry of Personnel, PG & Pensions
Department of Personnel & Training

North Block, New Delhi
Dated: 15th November, 2016

OFFICE MEMORANDUM

Subject: 1st Meeting of the Anomaly Committee to be held on 1/12/ 2016 under the Chairmanship of Secretary (P) on the calculation of the Disability Pension for Defence Forces' Personnel as per the recommendations of the 7th Central Pay Commission

The first meeting of the Anomaly Committee under the Chairmanship of Secretary (P), will be held on 1st December, 2016 at 11.00 A.M. in Room No. 190, North Block, New Delhi on the calculation of the Disability Pension for Defence Forces' Personnel as per the recommendations of the 7th Central Pay Commission. The detailed agenda note will follow.

2. Kindly make it convenient to attend the meeting

sd/-
(D.K.Sengupta)
Deputy Secretary (JCA)

Source: http://ncjcmstaffside.com/

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Defence personnel to get disability pension under old norms

Defence personnel to get disability pension under old norms

New Delhi: Under attack for introducing slab-based disability pension, Defence Ministry today said armed forces personnel would continue to get such pension based on percentage system till the Anomaly Committee came out with a report on the issue.

There was widespread criticism from opposition parties and the military establishment over a letter issued on September 30 which had introduced a slab-based system, as recommended by the 7th Pay Commission, for determining the disability pension for defence forces.

Following this, the Ministry had referred the matter to the Anomaly Committee.

However, there was confusion as to what system would be used to determine disability pension.

Till the Committee comes out with a report, existing percentage system will be used to determine disability pension, defence sources said.

Earlier, the Defence Ministry had said the 7th CPC had recommended a slab-based system for determining disability pension, which was accepted by the government.

A percentage-based system was followed under the 6th CPC regime for calculating disability pension for defence forces personnel as well as civilians.

What the military personnel are upset about is that civilians will continue to be paid pension according to the earlier percentage system, which means that a civilian employee will get higher disability pension than his military counterpart.

ANI

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7th Pay Commission: Central Govt employees to discuss allowances on October 24 and 25

7th Pay Commission: Central Govt employees to discuss allowances on October 24 and 25 

The finance ministry had recently issued a notification abolishing seven allowances as proposed by the 7th Central Pay Commission.

The Central government employees are apparently upset with the Narendra Modi government abolishing seven allowances hitherto paid to them, and are planning to discuss the issue in about 10 days. It may be recalled that the union finance ministry had issued a notification recently announcing the abolishment of seven allowances as recommended by the 7th Central Pay Commission (CPC).

The Confederation of Central Government Employees said that a meeting scheduled on Thursday (October 13) to take up the issue between the secretary (personnel), government of India and the Staff Side, National Council JCM, will now be held on October 25.

"I am directed to inform you that, the meeting under the Chairmanship of Secretary (Personnel) with the Staff Side, National Council JCM, to firm-up views of the Staff Side (JCM) on various allowances pertaining to DoP&T and also meeting of the Standing Committee, which were scheduled to be held on 13.10.2016 have been postponed.

"They will now be held at 3.00 p.m and 4.30 p.m respectively on 25.10.2016 vide Dy. Secretary (JCA) letter No. 6/8/2016-JCA 2 dated 5.10.2016 (already mail on 10.10.2016)," the Confederation of Central Government Employees said in a communication addressed to Standing Committee Members of the National Council (Staff Side) JCM.

A day prior to that, an Internal Meeting of the Standing Committee Members of the National Council (Staff Side) JCM will be held in New Delhi to discuss the matter, the Confederation of Central Government Employees said.

The abolished allowances include festival advance, bicycle advance and advance of leave salary among others, while those that have been retained are advances for medical treatment, travelling allowance for family of deceased, travelling allowance on tour or transfer and leave travel concession (LTC).
In its report, the pay commission had recommended abolition of 51 allowances and subsuming 37 others after examining 196 allowances.

A study by Tata Strategic Management Group had estimated the quantum of allowances at Rs. 34,000 crore. This could change if the committee differs from the hike proposed by the 7th CPC.

The recommendations of the 7th CPC cover 47 lakh Central government employees and 53 lakh pensioners, of which 14 lakh employees and 18 lakh pensioners are from the defence forces.

Source: Yahoo

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Resolution on pensionary matter on recommendation of 7th CPC

Resolution on pensionary matter on recommendation of 7th CPC

(TO BE PUBLISHED IN THE GAZETTE OF (EXTRAORDINARY), PART SECTION III)

GOVERNMENT OF INDIA
MINISTRY OF DEFENCE
DEPARTMENT OF EX-SERVICEMEN WELFARE

RESOLUTION

New Delhi, the
30th September, 2016

The Terms of Reference of the Seventh Central Pay Commission as contained in Ministry of Finance (Department or Expenditure) Resolution (A), dated 28.2.2014, as amended vide Resolution, dated 8.9.2015, inter alia , included the following:-

To examine. review, evolve, and recommend changes that are desirable and feasible regarding the principles that should govern emoluments structure, concessions and facilities/benefits, in cash or kind well the retirement benefits of the personnel belonging to the Defence Forces, having regard to the historical and traditional parities, with due emphasis on the aspects unique to these personnel.

2. The Commission submitted its report to the Government on 19th November, 2015. Government has considered the recommendations of the Commission on pensionary benefits to the personnel belonging to the Defence Force contained in Chapter 10.2 of the Report of the Commission and have decided that the recommendations shall broadly accepted subject to certain modifications.

3. Detailed recommendations the Commission relating to pensionary benefits and decisions taken thereon by the Government are listed in the statement annexed to this Resolution.

4. The revised provisions regarding pensionary benefits will be effective from 01.01.2016.

sd/-
(K. Damayanthi)
Joint Secretary the Govt. of India

ANNEXURE

Statement showing the recommendations of the Seventh Central Pay Commission relating to principles which should govern the structure of pension and other terminal benefits contained in Chapter 10.2 of the Report and the decisions of Government thereon.

Item No.	Recommendation for past Defence Forces personnel	Decision of Government
1	Revision of Pension of pre 7th CPC retirees The Commission recommends the following pension formulation for Defence Forces Personnel who have retired before 01.01.2016 : (i) All the Defence Forces who retired prior to 01.01.2016 (expected date of implementation of the Seventh CPC recommendations ) shall first be fixed in the Pay Matrix being recommended by this Commission, on the basis of the Pay Band and Grade Pay at which they retired, at the minimum of the corresponding level in the matrix. This amount shall be raised, to arrive at the notional pay of the retiree, by adding the number of increments he 1 she had earned in that level while in service, at the rate of three percent. Military Service Pay shall be added to the amount which is arrived at after notionally fitting him in the 7th CPC matrix. Fifty percent of the total amount so arrived at shall be the revised pension. (ii) The second calculation to be carried out is as follows. The pension, as had been fixed at the time of implementation of the VI CPC recommendations, shall be multiplied by 2.57 to arrive at an alternate value for the revised pension. (iii) Pensioners shall be entitled to the higher of the two. It is recognized that the fixation of the pension as per formulation (i) above may take a little time since the records of each pensioner will have to be checked to ascertain the number of increments earned in the retiring level. It is, therefore, recommended that in the first instance the pension, may be fixed in terms of formulation (ii) above, till final fixation of the pension under the Seventh CPC matrix is undertaken. (Para 10.2.87 & 10.2.88 of the Report)	Both the options recommended by the 7th Central Pay Commission as regards pension revision be accepted subject to feasibility of the implementation. Revision of pension using the second option based on fitment factor of 2.57 be implemented by multiplying the pension drawn on 31.12.2015 immediately. The first option may be made applicable if its implementation is found feasible after examination by the Committee comprising Secretary (Pension) as Chairman and Member (Staff) Railway Board, Member (Staff) D/o Posts, Additional Secretary &FA M/o Home Affairs and Controller General of Accounts as Members
2	Rates of Pension, Family Pension & Special Family Pension The Commission does not recommend any further increase in the rate of Pension for JCOs/ORs. (Para 10.2.22) No change is being recommended by the Commission for either civilian or defence pensioners in Enhanced Ordinary Family Pension. (Para 10.2.33) No further increase in the existing rate of Special Family Pension is recommended by the Commission. (Para 10.2.35)	Accepted.
3	Additional Pension and Family Pension to the older pensioners. No further increase in the existing rate of additional pension and additional family pension with advancing age is recommended by the Commiss:ion.(Para 10.2.24) No further increase in the existing rate of additional pension and additional family pension with advancing age is recommended by the Commission.(Para 10,2.37)	Accepted.
4	Pre-2006 Honorary Naib Subedar This Commission does not find any merit in re-opening an issue that has been clearly settled. Therefore no change is Being recommended in this regard. (Para 10.2.26 )	Accepted.
5	Defence Security Corps (DSC) personnel The Commission does not recommend reduction in the qualifying service for entitlement of second pension to Defence Security Corps (DSC) personnel from 15 to 10 years. (Para 10.2.28)	Accepted.
6	Depression in Pension for Qualifying Service The Commission observes that pension formulation is appropriate and finds no justification for a review of the existing arrangements with regard to pension of Territorial Army personnel.(Para 10.2.30)	Accepted.
7	Inclusion of War Injury Element/Disability Element in Computation of Family Pension The Commission has not recommended any further change in the existing provisions with regard to inclusion of war injury element/disability element in the computation of family pension. (Para 10.2.39)	Accepted.
8	Enhancement in rate of disability pension. The Commission is of the considered view that the regime implemented post VI CPC needs to be discontinued, and recommended a return to the slab based system. The slab rates for disability element for 100 percent disability would be as follows Rank Levels Rate per month(INR) Service Officers 10 and above 27000 Honorary Commissioned Officers Subedar Major /Equivalents 6 to 9 17000 Subedar /Equivalent Naib Subedar /Equivalents Havildar/Equivalents 5 and below 12000 Nailc/Equivalents Sepoy/Equivalents	Accepted
9	Enhancing the Cover of Disability. The Commission recommends broad-banding of disability for all personnel retiring with disability, including premature cases/ voluntary retirement cases fo disability greater than 20 percent.(Para 10.2.57)	Accepted.
10	Additional old age Pension should be Applicable for Disability/War Injury Pension. No further enhancement by inclusion of elements of disability/ war injury pension has been recommended by the Commission.(Para 10.2.59)	Accepted.
11	Neither Attributable Nor Aggravated (NANA) cases, be awarded Disability Pension The Commission recommends that while the existing regulations involving disability Neither Attributable Nor Aggravated (NANA) by service may continue, it is for the authorities to establish, in each case, through a reasoned order that disability was Neither Attributable Nor Aggravated ANA) by military service. (Para 10.2.61)	Accepted.
12	War Injury Pension where Individual is Retained in Service The Commission does not recommend any change in the. existing regime of payouts for those with war injury and retained in service. (Para 10.2.63)	Accepted.
13	Ex-gratia Lump Sum Compensation to Invalided out Defence Personnel. The Commission has recommended an increase in the existing lump sum compensation of Rs. 9 lakh for 100 percent disability to Rs. 20 lakh. However it finds no justification to recommend broad banding for payment of Ex-gratia award to service personnel boarded out on account of disability/war injury attributable to or aggravated by military service.(Para 10.2.65)	Accepted.
14	Ex Gratia Disability Award to Cadets. The Commission, however, keeping in views the facts relating to cadets recommends an increase ex-gratia disability award from the existing Rs. 6,300 per month to Rs. 16,200 per month for 100 percent disability. (Para 10.2.67 )	Accepted.

Click to read the resolution
Authority: http://www.desw.gov.in/

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Applicability of Railway Services (Revised Pay) Rules, 2008 to persons re employed in Railway Service after retirement from Defence forces

Applicability of Railway Services (Revised Pay) Rules, 2008 to persons re employed in Railway Service after retirement from Defence forces

Government of India
Ministry of Railways
(Railway Board)

No.2015/E(LR)I/NM 120

New Delhi,dt 20.09.2016

Sub : Applicability of Railway Services (Revised Pay) Rules, 2008 to persons re employed in Railway Service after retirement from Defence forces

A meeting to discuss the above mentioned subject with the Federation (NFIR) has been fixed for the afternoon of 27.09.2016 in Board’s office.

General Secretary / NFIR vide his letter dated 09.09.2016 has advised that the following representatives will be participating in the discussions and has requested to grant Special CL and Passes to them.

1. Shri B. Chandra Sekhar Reddy (IG 110207) working under SSE/ER/LGD Carriage Workshop Lalaguda, South Central Railway, Secunderabad.

2. Shri Yesbir Singh (PF No. 13844803) working under SSE/T/D Net/BCT, Sr.DSTE /HQ, Divisional Office, Mumbai, Western Railway.

It is requested that above representatives may be advised to attend the meeting and facilities of Special Casual Leave & Pass be extended to S/Shri B. Chandra Sekhar Reddy and Yesbir Singh as requested by General Secretary / NFIR as a Special case.

Sd
(Nirmala U. Tirkey)
Dy. Director, Estt. (LR)II

Source : NFIR

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7th Pay Commission report: New panel set up, controversy hit IAS cadre under scanner

7th Pay Commission report: New panel set up, controversy hit IAS cadre under scanner

The 7th Pay Commission report is still grabbing headlines as the various permutations and combinations are still being bandied about and discussed threadbare and now it spans a big controversy that has to do with the near monopoly currently enjoyed by the IAS and how to end it, once and for all. Moving forward, as per the requirement of the report, the Narendra Modi government has set up a task force to review the cadre structure of all Organised Group A Central Services. This controversy has acquired increased urgency after the turf war between the officers of the Indian administrative and revenue services (IAS and IRS) recently reached a flashpoint after several IRS officers huddled together in Mumbai last month bringing matters to a head and this set alarm bells ringing at the highest echelons of the government. (PTI)

The 7th Pay Commission task force will be headed by Department of Personnel and Training additional secretary T Jacob and he will submit the report in 3 months. What he will have on his hands will deal with 4 basic factors that include 1) the ideal structure for posts of joint secretary and above, 2) percentage of reserves in organised Group A services, 3) ideal recruitment policy and 4) way forward in mitigating stagnation level. There are 49 Organised Group A Services ranging from the IFS, the Indian Postal Service, the five Accounts services and Indian Revenue Service (IT) to the 13 engineering services under the railways, CPWD, telecom, power, water and defence forces. (PTI)

This move comes courtesy 7th Pay Commission panel chairman, Justice (retired) A K Mathur calling for an end to the dominance of IAS officials. However, there were divergent views in the panel on ending the IAS superiority. Under the scanner especially was the joint secretary-and-above-level positions in the central staff. The 7th Pay Commission threw up the data: out of a total of 91 secretary level posts, 73 (80%) were occupied by IAS; out of 107 additional secretary level posts, 98 (92%) were with the IAS and of 391 joint secretary level posts, 249 (64%) were with the IAS. (PTI)

The 7th Pay Commission said IAS officers get two extra increments at promotion stages and it wanted to extend the same to the IPS and the Indian Forest Service. Other all-India services and central services (Group A) are not getting proper representation either. The IAS officers always had a two-year edge compared to other services. (PTI)

The solution that the 7th Pay Commission panel unveiled said that all personnel who have put in 17 years of service should be given equal opportunity for central staff. The panel was overwhelmed by the reactions of Group A Services, who demanded that the services should have equal opportunities to man the senior-most posts and it should not be the preserve of a small group. (PTI)

Source : FinancialExpress

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Applicability of Railway Services (Revised Pay) Rules 2008, for persons re-employed in Railway Service after retirement from Defence Forces

Applicability of Railway Services (Revised Pay) Rules 2008, for persons re-employed in Railway Service after retirement from Defence Forces

No. II/35/Part 12

Dated: 01/08/2016

The General Secretaries of
Affiliated Unions of NFIR

Brother,

Sub: Applicability of Railway Services (Revised Pay) Rules 2008, for persons re-employed in Railway Service after retirement from Defence Forces-reg.

Ref: (i) NFIR’s PNM Item No. 1/2013.
(ii) GS/NFIR’s letter No. II/35/Part 12 dated 04/01/2016 and 02/02/2016 addressed to Secretary (E), Railway Board.

Attention is invited to the discussions held in the NFIR’s PNM meeting with the Railway Board on the subject and also illustrations given vide letters dated 04/01/2016 and 02/02/2016 with regard to Pay Fixation for ex-servicemen re-employed in Railways.

The General Manager, Western Railway has since written to the Railway Board justifying the pay fixation already done on Western Railway and in support of the same, the Zonal Railway has cited the Judgement given by Hon’ble CAT Chandigarh. A copy of the CAT Chandigarh Judgement is enclosed to enable the affiliates to examine in consultation with the ex- servicemen Railway employees on their respective Zonal Railways etc., and furnish comments early for taking further action.

DA/As above

Yours fraternally,

Sd/-
(Dr. M. Raghavaiah)
General Secretary

Source: NFIR

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Defence Forces up in arms against 7th Pay Commission Report

Defence Forces up in arms against 7th Pay Commission Report

 

New Delhi: The Defence forces forces have raised their concerns with the defence ministry about the ‘shortcomings’ in the Seventh Pay Commission report, Indian Navy chief Admiral R K Dhowan said on Thursday.

The navy chief, addressing the customary annual press conference in Delhi on the eve of Navy Day, was asked if there was discontent in the armed forces on the recommendations of the Seventh Pay Commission.
“Whatever we feel are the shortcomings are being taken up by the three services with the defence ministry to see that whatever we feel is necessary for our men, our officers, our civilians, is made available to them,” Admiral Dhowan said.

He said all issues of “concern” were being taken up with the ministry.

Officers of the armed forces feel the current Pay Commission’s recommendations were less rewarding.
Among the concerns was the way pension was calculated on the basis of the number of years served in a particular rank.

A senior official who did not want to be named said: “The rank of major general is equivalent to Joint Secretary. But an IAS officer becomes Joint Secretary sooner than an armed forces personnel would reach that rank. And the percentage of those who reach that rank in the forces is also less, which makes the system unfair.”

Another grudge is the risk-hardship matrix.

While a soldier posted at the Siachen Glacier gets an allowance of Rs.31,500 per month, a civilian bureaucrat draws 30 per cent of his salary as “hardship allowance”.

PTI

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