638476-H Ex Warrant Officer Badree Singh Chauhan Elect Fit
Mob. – 09935611172

H. No. 110-C, Gandhi Gram
P.O. Harjinder Nagar
Kanpur - 208007
E-mail:- badreesingh@ymail.com

15 Dec 2010
To
Hon. Shri Satpal Maharaj
The Chairman, Standing committee on Defense
2/12, Pujabi Bagh East
New Delhi-110026

DEGRADATION IN PENSION AND PENSIONERY BENEFITS OF PBORs AFTER 6TH CENTRAL PAY COMMISSION, REMOVAL OF DISPARITY IN MILITARY SERVICE PAY OF OFFICER AND PBORs OF ARMED FORCES ,ALSO NON DEPRIVING OF EARNED PAY COMPONANT UPTO THE LAST RANK AND FROM PENSIONERY BENEFITS AND ISSUE OF CORRIGENDUM PENSION PAYMENT ORDER

Respected Sir,

1. With due honour and regards I bring the following into your notice and hope for an action on priority.

2 The motive of any pay commission is to improve the living condition of Serving and retired persons. But this time it is vice-versa. There is degradation in pension and pensionery benefits of personnel below officer rank (PBORs) those discharged after 01 Jan 2006 even after implementation of the recommendation of 6th central pay commission. If we calculate the pension of personnel below officer rank (PBOR) who has been discharged pre 01 Jan 06 for maximum benefits with minimum criteria (i.e. 28 years of service) it comes around plus minus 70% (for calculation refer appendix ‘A’). But presently personnel below officer rank (PBORs) those discharged post 01 Jan 06 are being paid only 50% of their last emolument drawn at par with civilians which was never before. The defense personnel were always given a higher edge with their counter part civilians. But this time it is not only the pension which has been degraded but also post 2006 retired personnel below officer rank (PBORs) are denied the weight-age of 5 years in gratuity which was available before the implementation of the recommendation of 6th central pay commission. Thus it has reduced the amount of gratuity (in my case it is Rs. 56,510/=). In case of commutation, the age index (number of year to be commuted or encashed) has been modified to lower side without considering the cost inflation which has considerably reduced the amount of commutation (in my case it is Rs. 3,58,308/= at present rate of pension that is 50%) and recovery has been maintained at old level (15 years). This was a great help in resettlement of personnel below officer rank (PBORs) after retirement from a varied nature of career. Previously, the age index (number of years to be encashed) at the 47 years of age of individual was 14.10 and recovery was effected for 15 years. Presently at the same age of individual, the age index (number of years to be encashed) has been lowered to 08.943 but the recovery has been maintained up to 15 years. Thus it seems that post 2006 retiree personnel below officer rank (PBORs) are deprived off the financial benefits and incurred loss on recovery as compared, after implementation of the recommendation of 6th central pay commission. Therefore it is requested to maintain the age index (number of years to be encashed) as before or proportionately reduce the number of years for recovery to 08 years and weight age of five years in case of gratuity should be restored.

3. After the declaration of the 6th central pay commission’s report, there was anomaly in the pay band of Lieutenant Colonel, grade pay of ‘X’ group sergeant and demand of 70% pension. Also there was a eye widening social disparity in the military service pay between officers and personnel below officer rank in the ratio of 6:1 (Rs. 6000.00 : Rs. 1000.00 for officer and personnel below officer rank respectively). To settle the anomalies, complete armed force did not take the payment of arrears (aroused due to implementation of recommendation of 6th central pay commission) on the last working day of Sep 2008 as it was paid to others. To my memory, in the bargain, Pay Band 4 has been created and Lieutenant Colonel, Colonel, Brigadier and their equivalents in Navy and Air Force have been placed in it (the anomaly settled). Pension for personnel below officer rank (PBOR) was agreed for 70% of the last emolument drawn, by Hon defense minister and then Hon finance minister Shri P Chidambram (the anomaly not yet settled). To diminish the unjust social disparity in the military service pay between officers and personnel below officer rank, it was modified in the ratio of 3:1 from 6:1 (Rs. 6000.00:Rs. 2000.00 for officer and PBOR respectively). And the same was disseminated to all the formations of Air Force establishment.

4. Now as per Government of India letter no. No PC 10 (1) / 2009 - D (Pen / Pol) dated 08 Mar 2010 and PCDA (Pension), Allahabad, circular No. 430 dated 10 Mar 2010 table No. 120 in the appendix, the basic pension of a warrant officer of 'X' group who has put-up 28 years of service and retired before 01 Jan 2006 is Rs 13,105/= (Prorate 70% with minimum criterion maintained as mentioned in Para 2 above also refer appendix ‘A’).

5. As it is stated in the above said government of India letter and circular that “the Government of India in order to bring the improvement in the pension to bridge the gap in pension of pre 01.01.2006 and post 01.01.2006 discharged personnel below officer rank (PBOR) of armed forces” has issued the said letter. Since there are various new components in the present pay structure, which were non existing previously, so there has to be a difference between the pension of post 01.01.2006 pensioner higher side and pre 01.01.2006 pensioners lower side. So it is presumed that post 2006 retirees were considered to be granted with 70% of pension of their last emoluments drawn (that is Rs. 16,212/= in my case) or 50% of highest pay in pay band (that is Rs 21,400/= in my case) as it was before 6th CPC. But it has not been done so far.

6. I am a Warrant Officer of 'X' group and have put-up 29 years of regular service and retired on 30 Jun 2009 after completion of term of engagement and eligible for maximum benefits as before 6th CPC. As per my pension payment order No. 08/14/B/12465/2009 dated 24 Sep 2009 based on civil estimate my basic pension is only Rs 11,580/= (50%). It is not understood that with whose comparison the Government of India has issued the said letter and circular mentioned in Para 4 above. It can be justified only when I am issued with corrigendum PPO as per Para 5 above.

7. Further as per recommendation of 6th Central Pay Commission, the classification pay which was being paid to the personnel below officer rank (PBOR) of Indian Army has not only been increased but also has been recommended to be paid to the personnel below officer rank (PBOR) of Indian Navy and Indian Air Force as well. But the same has been implemented partially in Indian Air Force. I request your kind favour to look into the matter so that what ever earned by an individual in the entire span of service career should not be deprived off the same up to the last rank and should be included in the pensionery benefits. Such as Good conduct badge pay, classification pay, and flight charge allowance etc. Presently these pay and allowance get freezed with the promotion. This will also affect me in my pension.

8. I would like to draw your kind attention towards the socially unjust discrimination between the officers and personnel below officer rank in the Military Service Pay of armed forces which is in the ratio of 3:1 (that is Rs 6000.00 : Rs 2000.00) at present. The Military Service Pay is a compensation for hardship and it is a social component which is not related with education or status. It should have been same for officers and personnel below officer rank (PBORs) since the social and physical suffering are same for every human being even oftenly personnel below officers rank are worst hit than officers. This is also evident from the fact that due to hardship the ratio of personnel below officer rank (PBORs) seeking discharge after initial engagement itself is more than that of officers. In this regard page No 76 and 82 of 6th central pay commission’s report can be referred on the ****yses for military service pay (MSP) for officers and personnel below officer rank (PBORs) respectively. The Hon chairman of 6th CPC has too agreed that suffering for officers and personnel below officer rank (PBORs) are same. For officers, the basic pay, grade pay and all other related allowances which determine the education and status of an individual has already been catered hence justification for lower military service pay (MSP) for personnel below officer rank (PBORs) is not under stood. Though the government of India is trying to bridge the gap between rich and poor but contrary to it this has not only multiplied the gap but also a clear social injustice and disparity. I request your kind favour to intervene in removing the social injustice and disparity.

9. In view of the above facts I draw your kind favour to intervene in to the matter and do the needful at the earliest so that the personnel below officer rank should not be deprived off their financial benefits such as gratuity, commutation, pension and military service pay. Thus a gross injustice to personnel below officer rank (85% of defense population) can be avoided and fair social justice can prevail. This should be done in the same spirit as has been done for officers (their every scores has been settled). This will also show a good gesture of yours towards social justice and financial suffering of a common man personnel below officer rank (PBORs) after retirement. Representation on the subject to “director grievance, Min of defense, Govt of India” dated 08 Sep and 01 Nov 2010 has yielded no result so far.

10. Sir, thanking you in anticipation, with the hope of an early action and intimation please.
Yours faithfully,

(BS Chauhan)
Annexure: - Xerox copy of PPO Ex Warrant Officer

Copy to:-

1. Director grievance
Joint Secretary (Esst / PG) and CVO
97, South Block, New Delhi - 110011

2 The Chief of Air Staff
Vayu Bhavan
New Delhi - 110106

3. The President
National Ex-servicemen Co-ordination Committee, UP Branch, Kanpur - 208012
E-mail: nexcckanpur@yahoo.in


APPENDIX ‘A’

Calculation of pension of warrant officer of ‘X’ group who has retired pre 2006.

1. Pay scale of warrant officer of ‘X’ group pre 2006 was
(Rs. 6750 – 190 – 9790)

2. Pension of warrant officer of ‘X’ group who retired pre 2006 after completing 28 years of service or more was
Rs. 4895/=

Now consider a warrant officer who was eligible for rank pension and whose basic pay was Rs. 6750/= and retired after completing 28 years of service, his pension amount was Rs. 4895/=.

The percentage of pension amount = 4895 / 6750 * 100
=72.52%