Wednesday, 26 November 2014

MoD Reply to Parliament on OROP

STATEMENT IN RESPECT OF PARTS (a) TO (c) OF RAJYA SABHA STARRED QUESTION NO.31 FOR 25.11.2014 REGARDING IMPLEMENTATION OF ONE RANK ONE PENSION POLICY.

(a) to (c) :  The principle of One Rank One Pension for the Armed Forces has been accepted by the Government.  The modalities for implementation were discussed with various stakeholders and are presently under consideration of the Government.  It will be implemented once the modalities are approved by the Government.

Monday, 24 November 2014

Hearing of Contempt Petition No. 328 of 2013 Postponed to 12 Dec 14

135.
CONMT.PET.(C) NO. 328/2013 IN               N.K. NAIR & ANR                                   GP CAPT KARAN SINGH
T.P.(C) NO. 56/2007                                                              VS                                                  BHATI
XVIA A/N-D                                                             SHASHI KANT SHARMA & ORS     MR B. V. BALARAM DAS
7TH LISTING                                                         (WITH APPLN(S) FOR IMPLEADMENT
                                                                                        AND OFFICE REPORT)
[ELIMINATED DUE TO EXCESS MATTERS. NOW THIS MATTER IS NOTED FOR BEING LISTED ON  12-12-2014]



    Contempt Petition (Civil)     328/2013           

STATUS       PENDING
Cause Title

N.K NAIR & ANR
Vs.
SHASHI KANT SHARMA & ORS

Advocate Details

 Pet. Adv. GP. CAPT. KARAN SINGH BHATI
 Res. Adv. MR. B. V. BALARAM DAS



Subject Category


ORDINARY CIVIL MATTER - T.P. UNDER ARTICLE 139A(1) OF THE CONSTITUTION OF INDIA

Listing Details


Next Date of Listing    12/12/2014

Thursday, 20 November 2014

How Soon Will MoF Amend Terms of Reference to Enable NFU etc?



Reply dated 7 Nov 14 received on 17 Nov 14

Online RTI Request Form Details

Public Authority Details :-
* Public Authority Department of Defence

Request Details :-
Citizenship Indian
* Is the Requester Below Poverty Line ? No
(Description of Information sought (upto 500 characters)
* Description of Information Sought

1. Please refer to MoD No. 35(1)/2013/D(Pay/Services) dated 8.9.2014 enclosing MoD No. 22(4)/2012/D(Pay/Services) dated 04.7.2014 and 25.8.2014 referring anomalies unresolved by the Committee of Secretaries to 7th Central Pay  Commission for consideration.

2. GoI, MoF, Deptt of Exp Resolution No. 1/1/2013-E.III (A) dated 28.2. 2014, in the Terms of Reference for 7 CPC, at Para 2 (b) related to Defence Forces, does not include resolution/consideration of past/unresolved anomalies.

3. Please provide information as defined in Sec 2 (f) of the RTI Act, 2005 on the case taken up by MoD with MoF, Deptt of Exp for amending the Terms of Reference for the 7 CPC to consider past anomalies referred to by MoD in ibid letters of 04.7.2014 and 25.8.2014.

MoD Reply

No. 35 (1)/2013/D (Pay/Services)
Government of India
Ministry of Defence
7th November, 2014
To

……………….

Subject: Seeking information under RTI Act - 2005

Sir,

          Reference is invited to MOD ID No. MODEF/R/2014/61916 dated 20.10.2014 forwarding your application dated 19.10.2014 received in this Section on 21.10.2014 on the above subject.

2.      Regarding information sought vide Para 3 of RTI application dated 19.10.2014 it is stated that on the request of Army Pay Commission Cell, the matter has been taken up with Ministry of Finance (Deptt of Expenditure) vide MoD OM No. 22 (4)/2012 dated 17th October 2014 (copy enclosed).

3.       The Appellate Authority is Shri Pradeep Kumar, Director (AG-I) Ministry of Defence, Room No. 102, Sena Bhawan, New Delhi.
Sd/---------------
7/11/14
(Prashant Rastogi)
Under Secretary & CPIO
*        *        *        *
Most Immediate
Government of India
Ministry of Defence
No. 22 (4)/2012-D (Pay/Services)                             New Delhi, the 17th October, 2014                   
Office Memorandum
Subject: Reference of the pay related issues of Defence Personnel to the VII CPC as recommended by the Cabinet Secretary Committee set up on the directions of the Hon’ble Prime Minister
          
            On the directions of the Hon’ble Prime Minister, a Committee under the chairmanship of the Cabinet Secretary to look into certain pay and pension issues of serving and retired Defence Services Personnel was set up by the Cabinet Secretariat in July 2012. The Committee was serviced by D/o Expenditure. The issues placed before the Committee were as under: -
          
               (i)       Defence Services Personnel
                    (a)      Common pay scales for in-service JCOs/ORs
                    (b)      Initial pay fixation of Lt Col/Col and Brig/equivalent
                    (c)      Review and enhancement of Grade Pay
                    (d)      Placing of all Lt Gens in HAG+ scale, and
(e)      Grant of Non-Functional Upgradation (NFU) to Armed Forces personnel
              (ii)      Ex-servicemen
                    (a)      One Rank One Pension
                    (b)      Enhancement of Family Pension
                    (c)      Dual Family Pension
(d)      Family pension to mentally/physically challenged children of Armed Forces personnel on marriage

2.       The Committee submitted its report in August 2012. All the recommendations of the Committee related to Ex-servicemen have been implemented by issue of eight Government letters on 17.1.2013.

3.       Regarding the issues related to serving Defence Personnel, the Committee vide Para 39 of its Report noted that

     “the pay related issues are complex and have ramifications across the Government including on para-military personnel. The proposals made by Defence Forces in many cases are at variance with some principles followed by the Sixth Pay Commission.”

Further, vide Para 41 of its Report, the Committee recommended that
          “In the circumstances, the Committee recommends that the pay related issues may be specifically referred to the next Pay Commission for its consideration as the Pay Commission is the expert body set up for this purpose which can examine these issues in a holistic manner.”

4.              The Government has accepted the above recommendations of the Committee on pay related issues. Accordingly, PMO, Cabinet Secretariat, Ministry of Finance (Department of Expenditure) were informed vide MoD OM dated 4.7.2014. Thereafter, these five issues related to serving defence personnel are referred to 7th CPC for its consideration vide MoD ID Note dated 25.8.2014 under intimation to PMO, Cabinet Secretary, Ministry of Finance (Department of Expenditure).

5.       Now, the Army Pay Commission Cell has brought it to notice that during presentation made by them to VII CPC on 28.08.2014, it was indicated by the Commission that since it has been set up under the aegis of Ministry of Finance, the reference for inclusion of core anomalies within the ambit of VII CPC should be made by the Ministry of Finance.

6.      Ministry of Finance (Department of Expenditure) is requested to facilitate in the matter and take it up with VII CPC to consider pay related issues of Defence personnel, as conveyed vide MoD ID Note dated 25.08.2014 under intimation to this Ministry.
Sd/-------------------
17.10.14
(Pradeep Kumar)
Director (AG-I)
2301 4036
Ministry of Finance
(Deptt of Expenditure) (Shri Vivek Ashish, US)
North Block, New Delhi

Copy to: Army Pay Commission Cell.



























































Monday, 17 November 2014

Update on NFU & Other anomalies


On NFU & Other Anomalies from MoD Files

Please note that

RTI application was MODEF/R/2014/61820 dated 04 Oct 14.

Reply dated 11 Nov 14 to RTI of 72 pages was received on 15 Nov 14.

Reply was in two sections – 32 pages of relevant notings and 40 pages of correspondence i.e enclosures.

Notes and correspondence/enclosures have been merged chronologically to provide a cogent picture. A notation as follows indicates common numbers: -

-70- Indicates Note
Encl 70-A indicates the correspondence/enclosure
 *                  *                        *                    *

By Speed Post
RTI Matter
No. 35(1)/2013/D(Pay/Services)
Government of India
Ministry of Defence
New Delhi, the 11th November, 2014

          To


                   Subject: Seeking information under RTI Act, 2005

Sir,

          Please refer to your letter No. SYS/RTI/61820/Add Payment dated 3.11.2014 (received in this section on 7.11.2014) on the above subject.

2.      The copies of relevant notings (32 pages) and correspondence (40 pages) of file No. 22/4/2012-D (Pay/Services) are sent herewith.

3.      The Appellate Authority is Shri Pradeep Kumar, Director (AG-I), Ministry of Defence, Room No. 102, Sena Bhawan, New Delhi.
Yours faithfully,
Sd/--------------
(Prashant Rastogi)
Under Secretary & CPIO
Encl: as above
Copy to AO, Cash, DD of Rs 140/- is sent herewith for necessary action.

Receipt                                   Encl 54-A/B
     Receipt                              Encl 55- A to D
Receipt                                   Encl 56-A
Receipt                                   Encl 57-A
Receipt                                   Encl 58-A

-59-
Ministry of Defence
D (Pay/Services)

          As per the directions of Hon’ble Prime Minister communicated vide PMO ID Note dated 9.7.2012 (Encl 1/A), a Committee under the chairmanship of the Cabinet Secretary to look into pay and pension related issues of relevance to Defence Service Personnel and ex-servicemen was set up by the Cabinet Secretariat vide its order dated 13.7.2012 (Encl 5-A).  The background note on the five issues concerning this section were forwarded to the Cabinet Sectt on 17.7.2012 for meeting on 18.7.2012 vide Encl 10-A. Cabinet Sectt, vide its communication dated 22.8.2012 (Encl 27-A) had informed that the recommendations of the Committee were submitted to the Prime Minister. Subsequently, when Cabinet Sectt was requested to intimate present status of the matter, they vide its communication dated 6.11.2012 (Encl 39-A) informed that Cabinet considered the pension related recommendation of  the Committee on 24.9.2012 and the minutes were issued on 27.9.2012. The Committee was serviced by D/o Expenditure. In this connection, Deptt of ESW (D(Pen/Policy) Section has answered a Lok Sabha Unstarred question No. 958 on 4.3.2013, on the same subject (copy placed at F/A) wherein it has been stated that the Committee submitted its report dated 17.8.2012 on pension issues, which has been accepted by the Government. All the recommendations of the Cabinet Secretary Committee 2012 have been implemented by issue of eight Government letters on 17.1.2013.   

2.      in connection with fulfilment of an Assurance given by this section in respect of Unstarred Lok Sabha Question No. 2514 dated 27.8.2012 (Encl 54-B), Cabinet Secretariat and Ministry of Finance (D/o Expenditure) were requested on 21.3.2013 (Encl 54-A) to intimate decision/present status of the recommendations on pay related issues of the Cabinet Secretary Committee. A copy was also endorsed to PMO. Deptt of Expenditure vide their OM dated 4.4.2013 (Encl 55-B) while enclosing a copy of the report of the Cabinet Secretary Committee intimates that the Committee in its Report has recommended that pay related issues may be specifically referred to next Pay Commission for its consideration. Cabinet Secretariat vide its ID Note dated 5.4.2013 (Encl 55-C) referred their ID Note dated 6.11.2012 (Encl 55-D) vide which it was conveyed that Cabinet considered the pension related recommendations of the Committee on 24.9.2012 and minutes were issued on 27.9.2012. Ministry of Defence D/0 Ex-servicemen Welfare and/or Deptt of Expenditure are Ministry’s/Department concerned for taking any further action, if any, in the matter. They further stated that Ministry of Defence may ascertain further status from the Ministry/Department concerned.

3.      All the recommendations of the Cabinet Secretary Committee on the pension related issues have been implemented by D/o ESW. Prime Minister’s office vide OM dated 17.4.2013 (Encl 55-A) was requested to intimate decision/present status on the recommendations of the Cabinet Secretary Committee on pay related issues to enable us to fulfil the Assurance. A reply dated 14.6.2013 from PMO has been received (Encl 57-A). PMO has stated that a copy of the Report of the Committee submitted by the Cabinet Secretary has been sent to all concerned including the Defence Secretary on 22.8.2012. Based on a Cabinet Note of Ministry of Defence/Deptt of ESW, the Cabinet already approved on 24.9.2012 the recommendations of the Committee in respect of ex-servicemen. However, no proposal in respect of recommendations regarding serving defence personnel has been received by them from MoD so far, hence it may not be correct to say that any proposal in the matter is pending in PMO for a decision. In the above background, PMO has conveyed that since no proposal is pending in PMO, MoD may take appropriate action and suitably respond to the references regarding assurance given to the Parliament.       

4.      A copy of PMO letter dated 22.8.2012 referred to above (received in this section on 21.6.2013) is placed at Encl 58-A. In this communication, PMO has stated that-

“The report of the committee constituted by Prime Minister to look into various issues of relevance to the Defence Service personnel and ex-servicemen has been received. A copy is enclosed herewith for kind perusal.   

‘X’     2.      Prime Minister proposes to discuss this report in a meeting to be convened soon.”

5.       Submitted for further orders
Sd/----------------
21.6.12
US (P/S)
-60-

          In light of ‘X’ above, some decision from PM was accepted (sic) on pay related issues. Or we have to put up the file for RM’s order in this regard.

          For orders pl.                                                                Sd/ P S Walia
                                                                                                21/6/2013

Dir (AG-I)
-61-

          It is proposed to ascertain from PMO whether PM has taken a meeting in the matter and, if so, what was the outcome of the meeting. This file can be processed further based on this information only.
          Submitted for the kind approval of JS/E.
Sd/-----------
24/6/13
JS (E)
-62-

          What are the recommendations of the Committee relating to serving Defence Personnel? Pl bring them on note sheet.
Sd/----------------
24/6/13
Sameer Kumar Khare
Joint Secretary (E/PG) & CVO
Dir (AG-I)
                   Sd/-------------- 24/6/13      

US P/S
-63-

          JS (E)’s queries in the preceding note refer.

2.      As stated in Note 59, there were pay as well as pension related issues under consideration of the Cabinet Secretary Committee. A copy of the Report of the Committee dated 17.08.2012 is available at Encl 58-A. It is seen therein that after considering all  these issues, the Committee made its recommendations in para 38 (on issues relating to ex-servicemen and consisting of pension related anomalies) and in para 39-41 (on issues relating to serving defence personnel). While favourably recommending on issues related to ex-servicemen, the Committee also stated that these would be implemented from a prospective date [para 38 (e) and (f)]. However, on the issues relating to serving defence personnel, the Committee observed as under:

“39.   The Committee deliberated at length on the pay related issues raised by the Defence Forces. It was noted that the pay related issues are complex and have ramifications across the Government, including para-military personnel. The proposals made by the Defence Forces in many cases are at variance with some of the principles followed by the Sixth Pay Commission. Some of the proposals have already been considered subsequent to the Sixth Pay Commission. 

40.    In this context, the Committee also noted that the next Pay Commission’s recommendations would likely to be implemented w.e.f. 1.1.2016. If the Thirteenth Finance Commission’s recommendations that structural shocks such as arrears arising out of Pay Commission awards should be avoided by making the pay award commence from the date it is accepted is implemented, the next Pay Commission would need to be set up in the second half of 2013 or in early 2014. 

41.     In the circumstances, the Committee recommends that the pay related issues may be specifically referred to the next Pay Commission for its consideration as the Pay Commission is the expert body set for this purpose which can examine these issues in a holistic manner.” 

3.      The Committee submitted its Report to the PM on 17.8.2012. While forwarding a copy of the Report to the members of the Committee, PMO vide ID Note dated 22.8.2012 (Encl 58-A) had stated that the Prime Minister proposes to discuss this Report in a meeting to be convened soon. Subsequently, while the pension related issues were examined in D/o Ex-Servicemen’s Welfare and approved by the Cabinet on 24.9.2012, no formal decision from PMO has been received in respect of the Committee’s recommendations on pay related issues. PMO vide its ID Note dated 14.6.2013 states that no proposal in respect of recommendations regarding serving defence personnel has been received by PMO from MoD so far.

4.      In light of the above facts, it is for orders if clear instructions may be sought from PMO on the recommendations on issue related to serving defence personnel or a stand can be taken in light of para 2 of PMO ID Note dated 14.6.2013 (copy placed at Encl 57-A) that the recommendations have been approved by the PM. 
Sd/----------------
                                                                                                          (P. S. Walia)
                                                                                                          Under Secretary
                                                                                                          25.06.2013
Director (AG)
-64-
1) As desired, position is submitted for the kind perusal of JS E.
2) Recommended for find approval.
Sd/--------------25/6/13        
JS E

-65-

          The views of the PMO as well as Cabinet Sectt on the Committee’s recommendations are not very clear. As the reply has to go to Parliament, we may request PMO & Cab Sectt once again to know their views on Committee’s recommendations.
Sd/------------------
26/06/13
Sameer Kumar Khare
Joint Secretary (E/PG) & CVO
AS (A)
                   Sd/------------27/6

JS (E)         Sd/--------------28/6

Dir (AG)     Sd/--------------28/6

US P/S       Sd/-------------- 28/6
-66-

          Ref notes above.

Draft OM to PMO and Cab Sectt is put up for approval, pl.
                                                                             SO (P/S) Sd/--------------- 1/7/13
US (P/S)    Sd/------------ 1/7/2013

Dir (AG)     Sd/------------2/7/13

JS (E)                 
-67-
Pl discuss             Sd/---------2/7/13

Dir (AG-I)           Sd/---------- 3/7/13

US P/S               
-68-
Discussed today. JS (E) directs that ID Note may go at Dir level.        
Sd/--------4/7/2013
-69-
Ref preceding notes.

Draft ID Note from Dir (AG-I) to Director PMO is put up for approval/signature pl.
                                                                                                Sd/-----------4/7/13
US (P/S)    Sd/---------------4/7/2013

Dir (AG-I)  Sd/--------------8/7/13
US P/S       Sd/-------------08072013
-70-
(Also Encl 70-A)
Most Immediate
Parliament Assurance
Government of India
Ministry of Defence
No. 22(4)/2012- D (Pay/Services)                             New Delhi, 08 July, 2013

Office Memorandum

Subject: Decision/present status on the recommendations of the Committee on pay related issues of Defence service personnel.

          The undersigned is directed to refer to Prime Minister’s office ID No. 270/03/C/3/2009-ES.I Vol.5 dated 14.6.2013 on the above subject and say that PMO has referred their ID Note dated 22.8.2012 vide which while forwarding a copy of the Report of the Committee, it was stated that Prime Minister proposes to discuss this Report in a meeting to be convened soon. Subsequently, while the pension related issues were examined in Department of Ex-Servicemen’s Welfare and approved by the Cabinet on 24.9.2012, no formal decision from PMO have been received in respect of the Committee’s recommendations on pay related issues. Further, PMO vide its ID Note dated 14.6.2013 has stated that no proposal in respect of recommendations regarding serving defence personnel has been received. Cabinet Secretariat vide their ID Note dated 5.4.2013 has stated that Ministry of defence, Department of Ex-Servicemen’s Welfare and/or Deptt of Expenditure are the Ministry/Deptt concerned for taking further action, if any, in the matter an advised MoD to ascertain further status from the Ministry/Deptt concerned. Thus, the views of PMO as well as Cabinet Secretariat on the Committee’s recommendations relating to defence service personnel are not very clear. As the reply has to be given to Parliament to fulfil an Assurance, PMO and Cabinet Secretariat are once again requested to intimate their specific views on the Committee’s recommendations on pay related issues.   
Sd/--------------
(Praveen Kumar)
Director (AG-I)
Phone: 2301 1593
1. Prime Minister’s Office (Shri Munu Mahavar, Director, PMO)

2. Cabinet Secretariat (Shri Murali Bhavaraju, Under Secretary)        

-71-
(Also Encl 71-A)
SECRET
Cabinet Secretariat
Rashtrapati Bhawan
****
Subject: Decision/present status on the recommendations of the
Committee on pay related issues of Defence Services Personnel.

          Reference is invited to M/o Defence OM number 22(4)/2012- D (Pay/Services) dated July 2013 requesting this Secretariat for specific views on the Committee’s recommendations on pay related issues.

2.      In this connection, reference is invited to this Secretariat ID Note of even number dated 5th April, 2013, vide which it was conveyed that M/o Defence, D/o Ex-Servicemen’s Welfare and/or D/o Expenditure are the Ministries/departments concerned for taking further action, if any, in the matter.       

3.      It may be noted that according to the Report of the Committee, the pay related issues were recommended to be specifically referred to the next Pay Commission for its consideration, as the Pay Commission, being an expert body set up for this purpose, can examine these issues in a holistic manner. Further, D/o Expenditure was the servicing Department for the Committee.

4.      Action on the Report of the Committee on pay related issues is, therefore, to be taken by the M/o Defence in consultation with D/o Expenditure.

5.                 This Secretariat has no further comments to offer on the subject.
Sd/--------------------
16/7/13
(Murali Bhavaraju)
Under Secretary
Tel: 2301 3363
M/o Defence (Shri R. K. Mathur, Defence Secretary)
Cab Sectt ID No. 213/2/3/2012-CA.IV dated 16th July, 2013

Copy to:
Prime Minister’s Office (Shri Munu Mahavar, Director)

The communication dated 16/7/13 received from Cab Sectt w.r.t. our ID Note dated 8/7/13 (Encl 70-A) may pl be seen, We may await response from PMO.
Sd/-------19/7/13
US (P/S)

-72-

          Para 3 & 4 of the Cab Sectt ID Note No. 16/7/2013 (Encl 71A) may be seen. PMO’s response on the “recommendations” of the Cab Secy Committee may be awaited.
Sd/P S Walia
19/7/2013
Dir (AG-I) Sd/---------19/7/13/
US P/S       Sd/---- 19/7/2013

-73-
(Also Encl 73-A)

PRIME MINISTER’S OFFICE
South Block
New Delhi – 110 101

Subject: Decision/present status on the recommendations of the Committee on pay related issues of Defence Services Personnel

          Reference is invited to MoD’s OM No. 22(4)/2012- D (Pay/Services) dated 8.7.2013 resting with this office’s ID note of even number dated 14.6.2013 on the above subject.

          In this connection, the undersigned is directed to reiterate that no proposal on pay related issues of defence services personnel is pending in this office.

          Further, as conveyed by the Cabinet Secretariat to the Ministry vide ID NO. 213/2/3/2012-CA.IV dated 16.7.2013, action on the report of the Committee on pay related issues is to be taken by the Ministry of Defence in consultation with D/o Expenditure. 
Sd/----------------
(Munu Mahavar)
Director
Tel: 2301 0849
Defence Secretary
PMO ID No. 270/3/3/2009. ESI Vol 5 dated 25.7.2013

-74-
Ministry of Defence
D (Pay/Services)

          As per the directions of Hon’ble Prime Minister communicated vide PMO ID Note dated 9.7.2012 (Encl 1/A), a Committee under the chairmanship of the Cabinet Secretary to look into pay and pension related issues of relevance to defence Service Personnel and ex-servicemen was set up by the Cabinet Secretariat vide its order dated 13.7.2012 (Encl 5-A). The terms of reference of the Committee was to look into the following issues related to:

          (i)      Defence Services personnel

                   (a)     Common pay scales for in-service JCOs/ORs
                   (b)     Initial pay fixation of Lt Col/Col and Brig/equivalent
                   (c)     Review and enhancement of Grade Pay
                   (d)     Placing of all Lt Gens in HAG+ scale, and
                   (e)     Grant of Non-Functional Upgradation (NFU) to Armed Forces personnel

          (ii)     Ex-servicemen
                   (a)     One Rank One Pension
                   (b)     Enhancement of Family pension
                   (c)     Dual family pension
                   (d)     Family pension to mentally/physically challenged children of Armed Forces personnel on marriage.
(Note: Paragraph No. 2 is missing/wrongly numbered as 3 in the original. It has been corrected for this post).

2.      The background notes on the above issues were forwarded to Cabinet Sectt on 17.2.2012 for meeting on 18.7.2012 vide Encl 10-A. Cabinet Sectt vide its communication dated 22.8.2012 (Encl 27-A) has informed that the recommendations of the Committee had been submitted to the Prime Minister. Subsequently, when Cabinet Sectt was requested to intimate present status of the matter, they vide its communication dated 6.11.2012 (Encl 39-A) informed that Cabinet considered the pension related recommendations of the Committee on 24.9.2012 and minutes were issued on 27.9.2012. The Committee was serviced by D/o Expenditure.

3.      In this connection, Deptt of ESW D(Pen/Policy) Section has answered a Lok Sabha Unstarred Question No. 958 on 4.3.2013 on the same subject (copy placed at F/A) wherein it has been stated that the Committee submitted its report dated 17.8.2012 on pension issues, which has been accepted by the Government. All the recommendations of the Cabinet Secretary Committee 2012 have been implemented by issue of eight Government letters on 17.1.2013.

4.      In this connection with fulfilment of Assurance given by the section in respect of Unstarred Lok Sabha Question No, 2514 dated 27.8.2012 (Encl 54-B), Cabinet Secretariat and Ministry of Finance(D/o Expenditure) were requested on 21.3.2013 (Encl 54-A) to intimate decision/present status of the recommendations on pay related issues of the Cabinet Secretary Committee. A copy was also endorsed to PMO. Deptt of Expenditure vide their OM dated 4.4.2013 (Encl 55-B) while enclosing a copy of the report of the Cabinet Secretary Committee intimated that the Committee in its Report recommended that the pay related issues may be specifically referred to next Pay Commission for its consideration. Cabinet Secretariat vide its ID Note dated 5.4.2013 (Encl 55-C) referred their ID Note dated 6.11.2012 (Encl 39-A) vide which it was conveyed that Cabinet considered the pension related recommendations of the Committee on 24.9.2012 and minutes were issued on 27.9.2012. Ministry of Defence D/o Ex-Servicemen’s Welfare and/or Deptt of Expenditure are Ministry/department concerned for taking further action, if any, in the matter. They further stated that Ministry of Defence may ascertain further status from the Ministry/Department concerned.  

5.       As all the recommendations of the Cabinet Secretary Committee on the pension related issues have already been implemented by D/o ESW, Prime Minister’s Office vide OM dated 17.4.2013 (Encl 55-A) was requested to intimate decision/present status on the recommendations of the Cabinet Secretary Committee on pay related issue to enable the MoD fulfil the Assurance. PMO, vide its ID Note dated 14.6.2013 (Encl 57-A) stated that a copy of the Report of Committee submitted by the Cabinet Secretary has been sent to all concerned including the Defence Secretary on 22.8.2012. Based on a Cabinet Note of Ministry of Defence/Deptt of ESW, the Cabinet has already approved on 24.9.2012 the recommendations of the Committee in respect of ex-servicemen. However, no proposal in respect of recommendations regarding serving defence personnel has been received by them from MoD so far, hence it may not be correct to say that any proposal in the matter is pending in PMO for a decision. In the above background, PMO further stated that since no proposal is pending in PMO, MoD may take appropriate action and suitably respond to the references regarding the assurance given to Parliament.   

6.      A copy of PMO letter dated 22.8.2012 referred to above (received in this section on 21.6.2013) is placed at Encl 58-A. In this communication, PMO has stated that

“The report of the committee constituted by Prime Minister to look into various issues of relevance to the Defence Service personnel and ex-servicemen has been received. A copy is enclosed herewith for kind perusal.

2. Prime Minister proposes to discuss this report in a meeting to be convened soon.”

7.       In view of the above and as the responses of PMO and Cabinet Secretariat received earlier were not very clear and considering that reply has to be given to Parliament to fulfil as Assurance, PMO and Cabinet Secretariat vide OM dated 8.7.2013 (Encl 70-A) were once again requested to intimate their specific views on the Committee’s recommendations on pay related issues. In response to this, Cabinet Secretariat vide its ID Note dated 16.7.2013 (Encl 71-A) has referred their earlier communication dated 5.4.2013 (Encl 55-C) and stated that according to the Report of the Committee, the pay related issues were recommended to be specifically referred to next Pay Commission for its consideration as Pay Commission being an expert body set up for this purpose can examine these issues in a holistic manner. Further, Department of Expenditure was servicing Department for the Committee. Action on the Report of the Committee on pay related issues is, therefore, to be taken by the Ministry of Defence in consultation with Department of Expenditure. Prime Minister Office vide their ID Note dated 25.7.2013 (Encl 73-A) has reiterated that no proposal on pay related issues of Defence Service personnel is pending with them. Further, PMO have referred Cabinet Secretariat’s ID Note dated 16.7.2013 (Encl 71-A) and stated that as conveyed by Cabinet Sectt to MoD, action on the Report of the Committee on pay related issues is to be taken by the Ministry of Defence in consultation with Deptt of Expenditure. 

8.      Thus, it is seen that inspite of number of communications on this matter, no concrete decision has come from PMO on the recommendations relating to serving personnel. As such, the matter is left to be examined by MoD in consultation with Department of Expenditure as conveyed by PMO/Cabinet Sectt.

9.      On the five issues concerning serving personnel in Armed Forces, MoD has already given its views to the Cabinet Sectt Committee vide ID Note dated 17.7.2012 (Encl 10-A). The Committee after deliberations has given its recommendations (to PM) vide Para 39-41 of its Report.

10.     Vide Para 39, the Committee noted that

“the pay related issues are complex and have ramifications across Government including para-military personnel. The proposals made by the Defence Forces in many cases are at variance with some principles followed by the Sixth Pay Commission.”

          Vide Para 41, the Committee recommended that

“In the circumstances, the Committee recommends that the pay related issues may be specifically referred to the next Pay Commission for its consideration as the Pay Commission is the expert body set up for this purpose which can examine these issues in a holistic manner.”

11.     In the light of the stand taken by PMO, the above stated recommendations of the Cabinet Secretary Committee on pay related issues may be accepted by MoD.

12.     The proposal contained in Para 11 above is submitted for approval of RM before the matter is referred to Ministry of Finance (Department of Expenditure) for their concurrence.
Sd/---------------
(P. S. Walia)
Under Secretary
01.08.2013
Director (AG-I)
 -75-

In view of the position elucidated in Note 73, proposals given in Para 11 is submitted for the kind approval of RM after which it is proposed to refer the matter to MoF for concurrence pl.
Sd/-----------------
5/8/13
JS E
 -76-

          On the directions of Hon’ble Prime Minister (Encl 1-A) a Committee under the chairmanship of  the Cabinet Secretary to look into certain pay and pension issues of serving and retired Defence Service Personnel was set up by the Cabinet Secretariat in July, 2012 (Encl 5-A). This Committee was serviced by D/o Expenditure. The issues placed before the Committee were as under:

          (i)      Defence Service Personnel

                   (a)     Common pay scales for in-service JCOs/ORs
                   (b)     Initial pay fixation of Lt Col/Col and Brig/equivalent
                   (c)     Review and enhancement of Grade Pay
                   (d)     Placing of all Lt Gens in HAG+ scale, and
                   (e)     Grant of Non-Functional Upgradation (NFU) to Armed Forces personnel

          (ii)     Ex-servicemen
                   (a)     One Rank One Pension
                   (b)     Enhancement of Family pension
                   (c)     Dual family pension
                   (d)     Family pension to mentally/physically challenged children of Armed Forces personnel on marriage.

(Note: Paragraph No. 2 is missing/wrongly numbered as 3 in the original. It has been corrected for this post).

2.      The background notes on the above issues were forwarded to Cabinet Sectt on 17.2.2012 (Encl 10-A). Cabinet Sectt vide its communication dated 22.8.2012 (Encl 27-A) informed that the recommendations of the Committee had been submitted to the Prime Minister. Subsequently, when Cabinet Sectt was requested to intimate present status of the matter, they vide its communication dated 6.11.2012 (Encl 39-A) informed that Cabinet considered the pension related recommendation of the Committee on 24.9.2012 and minutes were issued on 27.9.2012. MoD, Deptt of ESW (Pen/Policy) Section answered a Lok Sabha Unstarred Question No. 958 on 4.3.2012 (copy placed at F/A) wherein it has been stated that the Committee submitted its report dated 17.8.2012 on pension issues, which has been accepted by the Government. All the recommendations of the Cabinet Secretary Committee 2012 have been implemented by issue of eight Government letters on 17.1.2013.           

3.      As this Branch dealing with pay matters did not have any details about the recommendations on pay related issues, the answer given in respect of Unstarred Lok Sabha Question No. 2514 dated 27.8.2012 (Encl 54-B) was treated as Assurance by the Lok Sabha Sectt. Cabinet Secretariat and Ministry of Finance (D/o Expenditure) were requested on 21.3.2013 (Encl 54-A) to intimate decision/present status of the recommendations on pay related issues of the Cabinet Secretary Committee. A copy was also endorsed to PMO as the report had been submitted to PM. Deptt of Expenditure vide their OM dated 4.4.2013 (Encl 55-B) sent a copy of the report of the Cabinet Secretary Committee and intimated that the Committee recommended that the pay related issues may be specifically referred to next Pay Commission for its consideration. Cabinet Secretariat vide its ID Note dated 5.4.2013 (Encl 55-C) conveyed that Cabinet considered the pension related recommendations of the Committee on 24.9.2012 and minutes were issued on 27.9.2012. Ministry of Defence D/o Ex-servicemen’s Welfare and/or Deptt of Expenditure are the Ministry’s/Department concerned for taking further action, if any, in the matter. They further stated that Ministry of Defence may ascertain further status from the Ministry/Department concerned.

4.      PMO letter dated 22.8.2012 referred to above status as under: -        

          “The report of the committee constituted by Prime Minister to look into various issues of relevance to the Defence Service personnel and ex-servicemen has been received. A copy is enclosed herewith for kind perusal.

2. Prime Minister proposes to discuss this report in a meeting to be convened soon.”

5.       As there was no clarity on pay related issues, Prime Minister’s Office vide OM dated 17.4.2013 (Encl 55-A) was requested to intimate decision/present status on these issues to enable the MoD to fulfil the above stated Lok Sabha Assurance. PMO vide its ID Note dated 14.6.2013 (Encl 57-A) only informed that a copy of the Report of Committee submitted by the Cabinet Secretary has been sent to all concerned including Defence Secretary on 22.8.2012. While a proposal on pension related issues from Deptt of ESW has already been approved by the Cabinet on 24.9.2012, no proposal in respect of recommendations regarding serving defence personnel has so far been received so far (sic). Thus, PMO held that it may not be correct to say that any proposal in the matter is pending in PMO for a decision and asked MoD to take appropriate action in the matter and suitably respond to references regarding the assurance given to the Parliament.
         
6.      In view of above stated position, PMO and Cabinet Secretariat were once again requested (Encl 70-A) to intimate their specific views on the Committee’s recommendations on pay related issues. In response to this, Cabinet Secretariat vide its ID Note dated 16.7.2013 (Encl 71-A) has stated that according to the Report of the Committee, the pay related issues were recommended to be referred to next Pay Commission for its consideration as Pay Commission being an expert body set up for this purpose can examine these issues in a holistic manner. Further action on these issues is, therefore, to be taken by the Ministry of Defence in consultation with Department of Expenditure, the servicing Department for the Committee. Prime Minister’s Office (Encl 73-A) has again stated that no proposal on pay related issues of Defence Service personnel is pending with them.  Further PMO have corroborated the above line of action proposed by the Cabinet Secretariat, i.e. action on Report of the Committee on pay related issues is to be taken by the Ministry of Defence in consultation with Deptt of Expenditure. Thus, in light of the facts stated, the matter related to pay related issues is left to be examined by MoD in consultation with Department of Expenditure as conveyed by PMO/Cabinet Sectt. 

7.       Vide Para 39, the Committee noted that

“the pay related issues are complex and have ramifications across Government including para-military personnel. The proposals made by the Defence Forces in many cases are at variance with some principles followed by the Sixth Pay Commission.”

          Vide Para 41, the Committee recommended that

“In the circumstances, the Committee recommends that the pay related issues may be specifically referred to the next Pay Commission for its consideration as the Pay Commission is the expert body set up for this purpose which can examine these issues in a holistic manner.”

8.      These issues had already been examined in MoD and its stand was also placed before the Committee. Thus, in light of the directions of the Cabinet Sectt and PMO, the recommendations of the Cabinet Secretariat Committee on pay related issues may be accepted by MoD. Next pay commission would examine these issues in a holistic manner.

9.      The proposal contained in Para 8 above is submitted for approval of RM before the matter is referred to Ministry of Finance (Department of Expenditure) for their concurrence.
Sd/-------------
(P. S. Walia)
Under Secretary
16.08.2013
Director (AG-I)   Sd/---- 19/8/13

JSE                      Sd/----- 19/8/13

AS (A)                           Sd/------------19/8

Defence Secretary        Sd/------------19/8

-76-

RM                       Wait
Sd/------ 20/8

Def Secy              Sd/-----

JS (E)                            Sd/----------- 20/8

Dir (AG-I)           Sd-------------21/8/13

US P/S                Sd/------------ 22/8/2013

-77-

(Also Encl 77-A)

PRIME MINISTER’S OFFICE
South Block
New Delhi – 110 101

          This office has received several RTI applications during last two-three months, asking for information relating to the implementation of pay related recommendations of the Committee chaired by Cabinet Secretary into pay and pension related issues of defence services personnel and ex-servicemen. While some applications were filed with CPIO of PMO, some others were filed with the CPIO of Ministry of Defence.

2.      As per records of this office, the recommendations of the Committee in respect of ex-servicemen, contained in the Cabinet note submitted by the Department of Ex-servicemen Welfare have since been approved by the Cabinet in its meeting held on 24.9.2012. No proposal in respect of serving defence personnel was received in this office from the Ministry of Defence.

3.      Accordingly, the RTI applications seeking information about serving defence personnel had been transferred to the Ministry of Defence. The CPIO of the Ministry has again transferred such applications back to PMO (copy at Annex –I), stating that the Committee has submitted its report to the Prime Minister. Even some of the applications filed with the Ministry asking for action taken by the Ministry of Defence on these recommendations have been transferred to PMO (Annex-II), indicating the same reason.

4.      In this context, the undersigned is directed to request the Ministry of Defence to respond to such RTI applications on their own, since no proposal of the Ministry of Defence has been made to or is pending in this office. In this regard, a copy each of the previous communications of even number dated 14.6.2013 and 25.7.2013 sent by this office to MoD is also attached (Annex-III and IV) for kind perusal.
Sd/--------------
(Munu Mahavar)
Director
Tel: 2301 0849
Defence Secretary
PMO ID No. 270/3/C/3/2009.ES.I (Vol.5) dated 8.8.2013

Annex - I

No. 35 (9)/2013/D (Pay/Services)
Government of India
Ministry of Defence
New Delhi, the 16th July, 2013
                                            
To,
          Shri Virender Singh Rana,
          H No. RZ-179, ‘T’ Extn, Vishwas Park,
          Uttam Nagar, New Delhi - 110059
                  
                   Subject: Seeking information under RTI Act - 2005

          Reference is invited to MoD ID No. 21(3)/2013(1028)/D (RTI) dated 26.6.2013 forwarding your application addressed to CPIO, Mod received in this Section on 1.7.2013 on the above subject.

2.      The five issues mentioned in Para (1) (a) to (e) of the PMO ID Note dated 9.7.2012 relating to service personnel have been considered by the Committee headed by Cabinet Secretary. The Committee has submitted its Report to the Prime Minister. Final decision on these issues from PMO is awaited.

3.      If you are not satisfied with the information provided you may write to Appellate Authority, Shri Praveen Kumar, Director (AG-I), Ministry of Defence, Room No. 103, Sena Bhavan, New Delhi.
Yours faithfully,
Sd/--------------
(P. S. Walia)
Under Secretary & CPIO

CPIO, PMO, South Block, New Delhi – alongwith RTI application dated 18.6.2013 for providing information on Para 3 of application to the applicant directly. In this connection PMO OM No. RTI/2891/2013-PMR dated 21.6.2013 refers.

CPIO, Cabinet Secretariat - PMO OM No. RTI/2891/2013-PMR dated 21.6.2013 refers.

Annex-II

No. 35 (9)/2013/D (Pay/Services)
Government of India
Ministry of Defence
New Delhi, the 16th July, 2013
                                            
To,
          Shri Harpreet Singh,
          P-35/4, CG Complex,
Near Jagraon Bridge,
Ludhiana – 141001 (Punjab)
                  
                   Subject: Seeking information under RTI Act - 2005

          Reference is invited to your application dated 27.6.2013 received in this section on 1.7.2013 on the above subject.

2.      The five issues mentioned in Para (1) (a) to (e) of the PMO ID Note dated 9.7.2012 (copy enclosed) relating to service personnel have been considered by the Committee headed by Cabinet Secretary. The Committee has submitted its Report to the Prime Minister. Final decision on these issues from PMO is awaited.

3.      If you are not satisfied with the information provided you may write to Appellate Authority, Shri Praveen Kumar, Director (AG-I), Ministry of Defence, Room No. 103, Sena Bhavan, New Delhi.
Yours faithfully,
Sd/--------------
(P. S. Walia)
Under Secretary & CPIO

CPIO, PMO, South Block, New Delhi – alongwith RTI application dated 27.6.2013 for providing information to the applicant directly.

Annex-III
PRIME MINISTER’S OFFICE
South Block
New Delhi – 110 101

          Reference is invited to the Ministry of Defence OM No. 21(4)/2013- D (Pay/Services) dated 21.3.2012, 17.4.2013 and 27.5.2013, requesting this office to intimate decision/present status on the recommendations of the Committee chaired by the Cabinet Secretary on pay and pension related issues of relevance to defence services personnel and ex-servicemen, to enable the Ministry to fulfil the assurance given in the Lok Sabha Unstarred question No. 2514 of 27.7.2012. 

2.      In this connection, the undersigned is directed to say that a copy of the report of the Committee submitted by the Cabinet Secretary had been sent to all concerned including the Defence Secretary on 22.8.2012 vide this office ID Note No. 3605500/JS (M)/2012-Pol. Based on a Cabinet note of Ministry of defence, D/o Ex-Servicemen Welfare, the Cabinet has already approved on 24.9.2012 the recommendations of the Committee in respect of ex-servicemen. However, no proposal in respect of recommendations regarding serving defence personnel has been received by this office from Ministry of Defence so far. Hence, it may not be correct to say that any proposal in the matter is pending in this office for a decision.
3.      In the above background the undersigned is directed to convey that since no proposal is pending in PMO, the Ministry of Defence may take appropriate action and suitably respond to the references regarding the Assurance given to the Parliament.
Sd/----------------
(Munu Mahavar)
Director
Tel: 2301 0849
Defence Secretary
PMO ID No. 270/3/3/2009. ESI Vol 5 dated 14.6.2013

Annex-IV
PRIME MINISTER’S OFFICE
South Block
New Delhi – 110 101

Subject: Decision/present status on the recommendations of the Committee on pay related issues of Defence Services Personnel

          Reference is invited to MoD’s OM No. 22(4)/2012- D (Pay/Services) dated 8.7.2013 resting with this office’s ID note of even number dated 14.6.2013 on the above subject.

          In this connection, the undersigned is directed to reiterate that no proposal on pay related issues of defence services personnel is pending in this office.

          Further, as conveyed by the Cabinet Secretariat to the Ministry vide ID NO. 213/2/3/2012-CA.IV dated 16.7.2013, action on the report of the Committee on pay related issues is to be taken by the Ministry of Defence in consultation with D/o Expenditure. 
Sd/----------------
(Munu Mahavar)
Director
Tel: 2301 0849
Defence Secretary
PMO ID No. 270/3/3/2009. ESI Vol 5 dated 25.7.2013

-78-

(Also Encl 78-A – AHQ letter dated 19.8.13)

Tele: 32907
C/7079/SACPS                                                                               19 Aug 2013

ADJUTANT GENERAL’S BRANCH
PS-STANDING ARMY PAY COMMISSION CELL

ASSURANCE GIVEN DURING THE 11TH SESSION (2012) OF THE 15TH LOK SABHA
UNSTARRED QUESTION No. 2514 DATED 27 AUG 2012 REGARDING PAY AND PENSION MATTERS OF PERSONNEL


1.       Refer to GoI, MoD letter No. 21 (4)/2013-D (Pay/Services) dated 17 Apr 2013.

2.      This office is receiving many RTI applications in which copy of Deptt of Expenditure OM dated 04 Apr 2013 in which the report of the Cabinet Secy was enclosed is being sought.

3.      In view of the above you are requested to provide the copy of Deptt of expenditure OM dated 04 Apr 2013 in which the report of the Cabinet Secy recommended that the pay related issue may be specifically referred to 7th pay commission for its consideration.
Sd/--------------------
(Birendra Kumar Singh)
Lt Col
GSOI (C)
Standing Army Pay Commission Section
MoD (Pay/Services)

-79-

(Also Encl 79-A – Air HQ letter dated 26 Aug 13)

Tele: 26168922

AF Pay Commission Cell
Air HQ, R K Puram
New Delhi - 66
Air HQ/99140/06/A/PCC                                                             26 Aug 13

Dir (AG-I)
D (Pay/Services), MoD
New Delhi
COPY OF THE REPORT OF
THE CABINET SECRETARY COMMITTEE

1.       Reference is made to your office letter No. 21 (4)/2013-D (Pay/Services) dated 17 Apr 2013, addressed to PMO.

2.      It is requested that a copy of the report of the Cabinet Secretary Committee received from Ministry of Finance (Department of Expenditure) vide their OM dated 04.04.2013 on pay related issues be forwarded to this office.
Sd/---------------
(DS Dagar)
Gp Capt
Member AFPCC

-80-
Ministry of Defence
D (Pay/Services)

Encl 77-A

          PMO vide its ID Note dated 8.8.2013 (Encl 77-A) has stated that they have received several RTI applications asking for information relating to implementation of pay related recommendations of Committee chaired by Cabinet Secretary to look into pay and pension related issues of defence service personnel and ex-servicemen. In this context PMO has requested that since no proposal of MoD in respect of serving defence personnel is pending in PMO, MoD should respond to such RTI applications on their own. This has been noted for replying future RTI applications.  

Encl 78-A & 79-A

          Army HQ (SAPCS) vide letter dated 19.8.2013 (Encl 78-A) has referred this section letter dated 17.4.2013 (Encl 45-A) addressed to PMO and sought copy of MoF (Deptt of Expenditure) OM dated 4.4.2013 (Encl 45-B). Deptt of Expenditure vide above referred OM dated 4.4.2013 sent a copy of the report of the Cabinet Secretary Committee and intimated that the Committee recommended that the pay related issues may be specifically referred to 7th Pay Commission for its consideration. AFPCC vide letter dated 26.8.2013 (Encl 79-A) has also sought copy of the said report.

          In this connection it is stated that the recommendations on pay related issues of the report of the Committee have been examined vide note 75-76 ante  and its been decided to wait.

          In this connection it is stated that the report of the Committee is ‘SECRET.’ The decision on the recommendations of pay related issue is yet to be taken by the Govt. Submitted for consideration whether we may give a copy of MoF (Deptt of Expenditure) OM dated 4.4.2013 along with a copy of the Cabinet Secretary Report to Service HQ as desired by them.
Sd/---------
27.8.13
SO (P/S)
US (P/S)
-81-

          As all the issues deliberated upon in the Cab Sec Committee report have still not been finally decided by the appropriate authority, the said report should not be shared with RTI applicants as per Section 8 (1) of the RTI Act, 2005. 

          However, the Report as sought by Air HQ vide their letter dated 26.8.2013 (Encl 79-A) may be allowed to them.

          Proposal above are submitted for approval of  JS (E).
Sd/---------------
(P. S. Walia)
27/8/2013

Dir (AG-I)

          When the report of the Cabinet Secretary Committee is ‘Secret’ it cannot be shared with Services HQ. We may communicate this to Services HQ. Further we may reply suitably to the applicants under RTI Act provisions.
Sd/--------------
29/8/13
JS E
-82-
          We may seek advice from MoF whether report can be shared? Put up for approval.
Sd/----------------
29/8/13
Sameer Kumar Khare
Joint Secretary (E/PG) & CVO
AS (A)                  Sd/--------------- 29/8
JS (E)                  Sd/--------------30/8/13/
Dir (AG-I)           Sd/--------------2/9/13/
US (P/S)              Sd/--------------2/9/13/

-83-

          Ref note 82 ante.

          Draft OM to MoF is put up for approval please.
Sd/------------
SO (P/S)
3/9/13
US (P/S)              Sd/----------------3/9/2013
Dir (AG-I)           Sd/----------------3/9/13
US (P/S)              Sd-/---------------3/9/2013

-Encl 83-A-
Most Immediate
Government of India
Ministry of Defence

No. 22 (4)/2012-D (Pay/Services)                             New Delhi – 03 Sept, 2013

Office Memorandum

          Subject: Report of the Cabinet Secretary Committee on issues related to
                   Defence Services Personnel and Ex-Servicemen       

          The undersigned is directed to refer to Ministry of Finance (Deptt of Expenditure) OM No. 341/EV/2013 dated 4.4.2013 on the above subject.

2.      So far as recommendations of the Committee in respect of Ex-Servicemen are concerned, the same have been implemented. Regarding recommendations related to serving defence personnel, final decision is yet to be taken. This Ministry has received a request from Service HQ seeking copy of the said Report. Service HQ have stated that they received a number of RTI applications in which the Report of the Cabinet Secretary Committee is being sought, the copy which was sent to this Ministry vide Deptt of Expenditure OM referred to above.  

3.      Ministry of Finance (Deptt of Expenditure) being the service Department for the Committee, is requested to intimate whether the said Report can be shared with Service HQ and RTI applicants at present.
Sd/--------------
(Praveen Kumar)
Director (AG.I)
Phone: 2301 1593
FAX: 2301 4036
Ministry of Finance (Deptt of Expenditure)
(Shri Jitendra R. Gaikwad, Under Secretary)
North Block, New Delhi

-84-

          Ref Note 82 ante. MoF may be reminded w.r.t. Encl 83-A. DFA pl.
Sd/------------
16/9/13

Dir (AG-I)           Sd/----------17/9/13
SO P/S                Sd/----------17/9/13

Issue           Encl 84 A           


Most Immediate
Government of India
Ministry of Defence

No. 22 (4)/2012-D (Pay/Services)                             New Delhi, 17th Sept, 2013

Office Memorandum

          Subject: Report of the Cabinet Secretary Committee on issues related to
                   Defence Services Personnel and Ex-Servicemen       

          The undersigned is directed to refer this Ministry’s OM of even number dated 3.9.2013 on the above subject (copy enclosed).

2.      Ministry of Finance (Deptt of Expenditure) is requested to expedite the information.
Sd/--------------
(Praveen Kumar)
Director (AG.I)
Phone: 2301 1593
FAX: 2301 4036
Ministry of Finance (Deptt of Expenditure)
(Shri Jitendra R. Gaikwad, Under Secretary)
North Block, New Delhi

-85-
(Also Encl 85-A)

Tele: 26168922

AF Pay Commission Cell
Air HQ, R K Puram
New Delhi - 66
Air HQ/99140/06/A/PCC                                                             13 Sep 13

Dir (AG-I)
D (Pay/Services), MoD
New Delhi
PENDING ISSUES OF SERVING PERSONNEL
CONSEQUENT UPON DIRECTIONS OF PMO

1.       The PMO had approved the constitution of a five member committee headed by Cabinet Secretary vide PMO ID No. 3571289/JS (M)/PMO/2012 dated  09 Jul 2012 (copy annexed).

2.      While Government orders on the issues relating to ex-servicemen consisting of pension related anomalies have been issued, the disposal of issues relating to serving defence personnel consisting of pay fixation anomalies related to 6th CPC is not yet known.

3.      This constitution of the committee was known in public as directed at para 3 of the PMO ID supra. Queries, representations and RTIs are now being received at Service HQ from serving personnel on decisions on the issues relating to serving defence personnel considered by the committee.

4.      It is requested that present status of these issue may please be intimated for dissemination to the environment.
Sd/----------
(DS Dagar)
Gp Capt
Member AFPCC
Annexure: as stated

-86-
(Also Encl 86-A)
PRIME MINISTER’S OFFICE
[E&S.I Section]

          Subject:     RTI/3313/2013-PMR by Shri Harpreet Singh

          The undersigned is directed to refer to the above RTI application, which was originally filed with the CPIO of Ministry of defence. The CPIO of Mod has transferred this RTI application to PMO, stating inter alia that the Committee has submitted its Report to the Prime Minister. Final decision on these issues from PMO is awaited. 

          In this connection, the undersigned is directed to say that the information sought in the RTI application pertains to Ministry of Defence. There is no pending proposal in PMO on pay related issues of Armed Forces personnel. In view of this the application may be sent back to M/o Defence.
Sd/----------
1/8/13

-87-
On the directions of Hon’ble Prime Minister (Encl 1-A) a Committee under the chairmanship of  the Cabinet Secretary to look into certain pay and pension issues of serving and retired Defence Service Personnel was set up by the Cabinet Secretariat in July, 2012 (Encl 5-A). This Committee was serviced by D/o Expenditure. The issues placed before the Committee were as under:

          (i)      Defence Service Personnel

                   (a)     Common pay scales for in-service JCOs/ORs
                   (b)     Initial pay fixation of Lt Col/Col and Brig/equivalent
                   (c)     Review and enhancement of Grade Pay
                   (d)     Placing of all Lt Gens in HAG+ scale, and
                   (e)     Grant of Non-Functional Upgradation (NFU) to Armed Forces personnel

          (ii)     Ex-servicemen
                   (a)     One Rank One Pension
                   (b)     Enhancement of Family pension
                   (c)     Dual family pension
                   (d)     Family pension to mentally/physically challenged children of Armed Forces personnel on marriage.

(Note: Paragraph No. 2 is missing/wrongly numbered as 3 in the original. It has been corrected for this post).

2.      The Committee submitted its report in August 2012. All the recommendations of the Cabinet Secretary Committee related to Ex-servicemen have been implemented by issue of eight Government letters on 17.1.2013 by Deptt of Ex-Servicemen Welfare. The decision on issue related to Services Personnel is yet to be taken.

3.      Vide Para 39, the Committee noted that

“the pay related issues are complex and have ramifications across Government including para-military personnel. The proposals made by the Defence Forces in many cases are at variance with some principles followed by the Sixth Pay Commission.”

          Vide Para 41, the Committee recommended that

“In the circumstances, the Committee recommends that the pay related issues may be specifically referred to the next Pay Commission for its consideration as the Pay Commission is the expert body set up for this purpose which can examine these issues in a holistic manner.”

4.      The matter was examined vide Note 75 ante and it was proposed that the recommendations of the Cabinet Secretary Committee on pay related issues may be accepted by MoD. Next pay commission would examine these issues in a holistic manner and the matter may be referred to Ministry of Finance for their concurrence. Hon’ble RM has minuted as ‘Wait.’ Therefore the decision on the five issues related to Services Personnel is yet to be taken.

5.       Air HQ vide their letter dated 13.9.2013 (Encl 85-A) has sought present status of these five issues relating to Services personnel. A RTI application dated 27.6.2013 in this regard was received and the applicant was informed on 27.8.2013 that the matter is under consideration. Against this reply, an appeal dated 10.9.2013 has been received in which the applicant has desired to know the action taken in last one year at all levels of Mod on the report of the said Committee.

6.      The file is submitted for further directions of the Hon’ble RM.
Sd/-------------
23/9/2013
(P. S. Walia)
Under Secretary
Director (AG-I)

-88-

          It is proposed to dispose of the RTI appeal by giving the factual position so as to preclude the possibility of a second appeal to the CIC by the applicant.

          Submitted for the kind approval of AS (A).
Sd/-------------
23/9/13
JS E
-89-

          RTI appeal has to be dealt with by App Authority. No other person can influence the decision. Pl follow RTI Act in letter & spirit.
Sd/-----------
24/9/13
Sameer Kumar Khare
Joint Secretary (E/PG) & CVO
Dir (AG-I)

-90-
Pl furnish the factual position to the appellant immediately.
Sd/----------------
24/9/13
US (P/S)    Sd/------------24/9/2013

-91-
(Also Encl 91-A)

Tele: 26168922

AF Pay Commission Cell
Air HQ, R K Puram
New Delhi - 66
Air HQ/99140/06/A/PCC                                                              13 Sep 13

Dir (AG-I)
D (Pay/Services), MoD
New Delhi
COPY OF THE REPORT OF
THE CABINET SECRETARY COMMITTEE

1.       Reference is made to this HQ letter of even reference dated 26 Aug 2013.

2.      The copy or any other response on report of the committee headed by Cabinet Secretary is still awaited.

3.      Please accord priority.
Sd/---------------
(DS Dagar)
Gp Capt
Member AFPCC
-92-
(Also Encl 92 A)

No. 128/EV/RTI/2013
Government of India
Ministry of Finance
Department of Expenditure
New Delhi, the 4th September, 2013

To

Shri Aditya Singh,
A1/101, Glaxo Apartments,
Mayur Vihar, Phase-I Extension,
New Delhi – 110 091

Subject: Information sought under RTI Act, 2005 - reg

Sir,

          Please refer to your RTI application dated 27.05.2013, transferred to this Department by Ministry of Defence vide their letter No. 35(1)/2011/D (Pay/Services) dated 16.08. 2013 on the subject cited above.

2.      With regard to Point No. (C) and (D) of your RTI application, it is informed that since the decision on the issue relating to serving defence personnel is yet to be taken, the copy of inputs received by the Committee from all concerned and the report cannot be provided at this stage by this Department, as they qualify for exemption under the proviso to Rule 8 (1) (i) of the RTI Act, 2005. 

3.      Shri Vijay Kumar Singh, Director (Administration) in the Department of Expenditure is the Appellate Authority under Section 19 of the RTI Act, 2005.
Yours faithfully,
Sd/-------------
(Vivek Ashish)
Under Secretary & CPIO (EV)
Copy to:

1.       Smt Nirmala Vohra, DS (RTI), Deptt of Expenditure w.r.t. their communication No. 12(484)/2013-RTI dated 21/08/2013 for information.
2.      Shri P. S. Walia, US & CPIO, D (Pay/Services), Ministry of Defence, Sena Bhawan, New Delhi.  

-93-
Ministry of Defence
D (Pay/Services)

          Reference Encl 91-A.

2.      Air HQ vide their letter dated 26.8.2013 (Encl 79-A) has sought copy of the Cabinet Secretary Committee report on pay related issues. A reminder dated 10.9.2013 (Encl 91-A) has also been received. In this connection it is stated that vide OM dated 3.9.2013 (Encl 83-A) we had requested Ministry of Finance to intimate whether the said Report can be shared with Service HQ & RTI applicants. So far as RTI matter is concerned, MOF in its communication dated 4.9.2013 (copy placed at Encl 92-A) has intimated that since the decision on the issues related to serving defence personnel is yet to be taken, the Report cannot be provided at this stage as they qualify for exemption under the proviso of Rule 8 (1) (i) of the RTI Act, 2005.

A1     However, Ministry of Finance has not responded to our letter whether the said Report can be shared with Service HQ. The information is still awaited despite reminder dated 17.9.2013 (Encl 84-A). We may remind MoF as per DFA-I.

3.                Air HQ vide their letter dated 13.9.2013 (Encl 85-A) has also sought present status of the five issues relating to Service personnel considered by the Cabinet Secretary Committee. In this connection it is stated that the recommendations on pay related issues of the report of the Committee have been examined vide Note 75-76 ante and it has been decided at the level of RM to wait.

A2                   If approved, we may intimate the above position to Air HQ as per
              DFA-II.
Sd/------------4/x/13
US (P/S)    A1 & A2 above may be seen.
                   Submitted for approval pl                                  Sd/--------------4/x/13
Dir (AG-I)
-95-
          It is proposed to write to Cab Sectt whether the information as sought vide Air HQ letter dated 13.9.2013 can be shared with the Services. Further, we may remind MoF as per DFA-I please.

JS E

-96-
Please discuss               Sd/----------------------10/10/13
                                      Sameer Kumar Khare
                                      Joint Secretary (E/PG) & CVO

-97-

Dir (AG-I)           Discussed. Pl put up note for RM.           Sd/----------15/10/13

US (P/S)              Sd/------------------- 17/10/2013

-98-

          Air HQ have written a letter dated 26.8.2013 (Encl 79-A) wherein a copy of the Report of the Cab Secy Committee on pay and pension matters of Defence personnel has been asked for. While decision on pension issues has been taken, no decision has yet been taken on pay related recommendations of the Committee. In an RTI matter, MoF/Deptt of Expenditure which serviced the Committee has been advised that since the decision on these issue is yet to be taken the report may not be shared under RTI Act.

2.      In light of the position explained above it is proposed that report of the Cabinet Secy Committee may not be shared with Service HQ presently as final decision  on pay related issues is yet to be taken.  

3.      The proposal contained in para 2 above is submitted for kind approval of RM.
Sd/---------------
(P. S. Walia)
Under Secretary
24.10.2013
Director (AG-I)
-99-

          Proposal as given above is recommended for the kind approval of RM pl.
Sd/-----------
24/10/13
JS E            Sd/-----------19/11

AS (A)        Please speak                  Sd/----------------20/xi

JS (E)         Spoken. Pl discuss        Sd/------------- 21/11

Dir (AG-I)  Sd/---------------25/11

US (P/S)
-100-

          Discussed with AS/A alongwith US P/S. To be kept in abeyance till further instructions.                                     Sd/------2/1/14

US (P/S)              Sd/------------02012014

-101-
(Also Encl 101-A)

Tele: 26168922

AF Pay Commission Cell
Air HQ, R K Puram
New Delhi - 66
Air HQ/99140/06/A/PCC                                                             07 Feb 14

Dir (AG-I)
D (Pay/Services), MoD
New Delhi
PENDING ISSUES OF SERVING PERSONNEL

1.       Reference is made to our letter of even reference dated 13 Sep 2013.

2.      The PMO had approved the constitution of a five member committee headed by Cabinet Secretary vide PMO ID No. 3571289/JS (M)/PMO/2012 dated 09 Jul 2012 (copy annexed).

3.      While Government orders on the issue relating to ex-servicemen consisting of pension related anomalies have been issued, the disposal of issue relating to serving defence personnel consisting of pay fixation anomalies related to 6th CPC is not yet known.

4.      This constitution of the committee was made public as directed at para 3 of the PMO ID supra. Large number of queries, representations an RTIs are now being received at Service HQ from serving personnel on decisions on the issues relating to serving defence personnel considered by the committee.

5.       It is requested that present status of these issues may please be intimated for dissemination to the environment.
Sd/------------
(DS Dagar)
Gp Capt
Member, AFPCC

Annexure: as stated

-102-
Ministry of Defence
D(Pay/Services)

          Reference Encl 101-A.

2.      A reference dated 7.2.2014 has been received from AFPCC vide which they have sought present status of issues considered by Cabinet Committee relating to serving defence personnel as large number of queries, representations and RTIs are being received in their HQ in this regard.

3.      In this connection, it is stated that the five issues relating to service personnel were considered by the Committee headed by Cabinet Secretary. The Committee submitted its report to the Prime Minister. The recommendations on pay related issues of the report of the Committee have been further examined in Ministry of Defence and it has been decided at the level of RM to wait.

4.      In this connection it is also stated that Air HQ earlier asked (for a) copy of the Cabinet Secretary Committee Report vide their letter dated 26.8.2013 (Encl 79-A). They also sought the status of the said five issues vide their letter dated 13.9.2013 (Encl 85-A). The matter was examined vide note 93 ante onwards and it was decided to keep in abeyance till further instructions (Note 100 ante).

5.       It is stated several RTI applications are also received in this section to know the status of issues considered by Cabinet Secretary Committee in one of the RTI application from Shri Anil Jain. It was intimated to the applicant that the decision on the recommendations of Cabinet Secretary Committee Report on the issues of serving defence personnel is yet to be taken by the Government. Hence, the information sought vide his above referred application cannot be shared at this stage by this Ministry under Section 8 (1) (i) of RTI Act, 2005. Ministry of Finance vide their letter dated 4.9.2013 has also given such type of reply (Encl 92-A).

6.      If approved, we may intimate the above position to Air HQ. Accordingly a draft letter is placed opposite for approval please.
Sd/------------
SO (P/S)
21.2.14
US (P/S)
-103-

May also see pl             Sd/---------21/2/2014
Dir (AG-I)                     Sd/---------21/2/14
US (P/S)                       Sd/---------24/4/2014

-104-
(Also Encl 104-A)

Immediate
Ministry of Defence
D (Pay/Services)

Subject: Issues of Serving personnel considered by Cabinet Secretary Committee

          Reference Air HQ letter No. Air HQ/99140/06/AFPCC dated 26.8.2013, 13.9.2013 and 7.2.2014 on the above subject.

2.      The decision on the recommendations of Cabinet Secretary Committee Report on the issues related to serving defence personnel is yet to be taken by the Government.
Sd/---------------
(P. S. Walia)
Under Secretary

AFPCC
MoD ID No. 22 (4)/2012/D (Pay/Services) dated 24 February, 2014

-105-

On the directions of Hon’ble Prime Minister (Encl 1-A) a Committee under the chairmanship of  the Cabinet Secretary to look into certain pay and pension issues of serving and retired Defence Service Personnel was set up by the Cabinet Secretariat in July, 2012 (Encl 5-A). This Committee was serviced by D/o Expenditure. The issues placed before the Committee were as under:

          (i)      Defence Service Personnel

                   (a)     Common pay scales for in-service JCOs/ORs
                   (b)     Initial pay fixation of Lt Col/Col and Brig/equivalent
                   (c)     Review and enhancement of Grade Pay
                   (d)     Placing of all Lt Gens in HAG+ scale, and
                   (e)     Grant of Non-Functional Upgradation (NFU) to Armed Forces personnel

          (ii)     Ex-servicemen
                   (a)     One Rank One Pension
                   (b)     Enhancement of Family pension
                   (c)     Dual family pension
                   (d)     Family pension to mentally/physically challenged children of Armed Forces personnel on marriage.

(Note: Paragraph No. 2 is missing/wrongly numbered as 3 in the original. It has been corrected for this post).

2.      The Committee submitted its report in August 2012. All the recommendations of the Cabinet Secretary Committee related to Ex-servicemen have been implemented by issue of eight Government letters on 17.1.2013 by Deptt of Ex-Servicemen Welfare. The decision on issue related to Services Personnel is yet to be taken.

3.      Vide Para 39, the Committee noted that

“the pay related issues are complex and have ramifications across Government including para-military personnel. The proposals made by the Defence Forces in many cases are at variance with some principles followed by the Sixth Pay Commission.”

          Vide Para 41, the Committee recommended that

“In the circumstances, the Committee recommends that the pay related issues may be specifically referred to the next Pay Commission for its consideration as the Pay Commission is the expert body set up for this purpose which can examine these issues in a holistic manner.”

4.      The matter was taken up with PMO, Cabinet Secretariat, and Ministry of Finance (Deptt of Expenditure). PMO vide their communication (dated) 25.7.2013 (Encl 73-A) corroborated the line of action by the Cabinet Secretariat vide their letter dated 16.7.2013 (Encl 71-A), that action on the Report of the Committee on pay related issues is to be taken by Ministry of Defence in consultation with Deptt of Expenditure. 

5.       The matter was examined vide note 75 ante and it was proposed that the recommendations of the Cabinet Secretary Committee on pay related issues may be accepted by MoD. Next pay commission would examine these issues in a holistic manner and the matter may be referred to Ministry of Finance for their concurrence. Hon’ble RM has minuted as “Wait.” Therefore the decision on the five issues related to Service Personnel is yet to be taken.

6.      As the 7th Central Pay Commission has been constituted, it is proposed that the recommendations of the Cabinet Secretary Committee that pay related issues may be referred to next Pay Commission may be accepted by MoD and the file referred to Ministry of Finance (Deptt of Expenditure) for their concurrence. 

7.       The proposal contained in Para 6 (erroneously as 7 in the original) above is submitted for approval of Hon’ble RM please.
Sd/------------
(P. S.Walia)
Under Secretary
8.5.2014
Director (AG.I)                                Sd/-------------08.05.2014

JS (E)                                               Sd/-------------13.5.14

AS (B)                                               Sd/------------13/5

Defence Secretary       
-106-
May please put up for the new Government.
Sd/-------------
(R. K. Mathur)
Defence Secretary
15.05.2014
JS (E)                                      Sd/-------16-5-14
Dir (AG-I)                               Sd/-------16.05.14
US (P/S)                                 Sd/--------19/5/2014

-107-

On the directions of Hon’ble Prime Minister (Encl 1-A) a Committee under the chairmanship of  the Cabinet Secretary to look into certain pay and pension issues of serving and retired Defence Service Personnel was set up by the Cabinet Secretariat in July, 2012 (Encl 5-A). This Committee was serviced by D/o Expenditure. The issues placed before the Committee were as under:

          (i)      Defence Service Personnel

                   (a)     Common pay scales for in-service JCOs/ORs
                   (b)     Initial pay fixation of Lt Col/Col and Brig/equivalent
                   (c)     Review and enhancement of Grade Pay
                   (d)     Placing of all Lt Gens in HAG+ scale, and
                   (e)     Grant of Non-Functional Upgradation (NFU) to Armed Forces personnel

          (ii)     Ex-servicemen
                   (a)     One Rank One Pension
                   (b)     Enhancement of Family pension
                   (c)     Dual family pension
                   (d)     Family pension to mentally/physically challenged children of Armed Forces personnel on marriage.

(Note: Paragraph No. 2 is missing/wrongly numbered as 3 in the original. It has been corrected for this post).

2.      The Committee submitted its report in August 2012. All the recommendations of the Cabinet Secretary Committee related to Ex-servicemen have been implemented by issue of eight Government letters on 17.1.2013 by Deptt of Ex-Servicemen Welfare. The decision on issue related to Services Personnel is yet to be taken.

3.      Vide Para 39, the Committee noted that

“the pay related issues are complex and have ramifications across Government including para-military personnel. The proposals made by the Defence Forces in many cases are at variance with some principles followed by the Sixth Pay Commission.”

          Vide Para 41, the Committee recommended that

“In the circumstances, the Committee recommends that the pay related issues may be specifically referred to the next Pay Commission for its consideration as the Pay Commission is the expert body set up for this purpose which can examine these issues in a holistic manner.”

4.      The matter was taken up with PMO, Cabinet Secretariat, and Ministry of Finance (Deptt of Expenditure). PMO vide their communication (dated) 25.7.2013 (Encl 73-A) corroborated the line of action by the Cabinet Secretariat vide their letter dated 16.7.2013 (Encl 71-A), that action on the Report of the Committee on pay related issues is to be taken by Ministry of Defence in consultation with Deptt of Expenditure. 

5.       The matter was examined vide note 75 ante and it was proposed that the recommendations of the Cabinet Secretary Committee on pay related issues may be accepted by MoD. Next pay commission would examine these issues in a holistic manner and the matter may be referred to Ministry of Finance for their concurrence. Hon’ble RM has minuted as “Wait.” Therefore the decision on the five issues related to Service Personnel is yet to be taken.

6.      As the 7th Central Pay Commission has been constituted, it is proposed that the recommendations of the Cabinet Secretary Committee that pay related issues may be referred to next Pay Commission may be accepted by MoD and the file referred to Ministry of Finance (Deptt of Expenditure) for their concurrence. 

7.       The proposal contained in Para 6 (erroneously as 7 in the original) above is submitted for approval of Hon’ble RM please.
Sd/------------
(P. S.Walia)
Under Secretary
27.5.2014
Director (AG.I) – on tour

JS (E)                            Sd/------27-5-14

AS (B)        RM may kindly approve the proposal above.    Sd/---------28/5

Defence Secretary                  Sd/----------28/5

RM             Sd/-----------29/5

Def Secy     Sd/--------------30/5

JS (E)         Sd/-------------30/5

Dir (AG I)  Sd/-----02/6

US (P/S)  - on tour

-108-

          Note 107 ante explains the case in detail.

2.      The proposal regarding recommendation of the Cabinet Secretary Committee that pay related issues may be referred to the next Pay Commission has been accepted by MoD at the level of RM. The file may now be referred to Ministry of Finance (Deptt of Expenditure) for their concurrence. 
Sd/---------
3.6.14
(Raghunath)
S.O/D (P/S)
US (P/S) – on tour
Dir (AG-I)           Sd/--------- 02/6/14
JSE

JS (Pers), Department of Expenditure, Min of Finance               Sd/--------4/6

DS/E.IIIA            Sd/------- 5/6     

S.O. E.III.A

-109-
Ministry of Finance
Department of Expenditure’
E-III (A) Branch

Reference: Motes of Ministry of Defence at page 107-108/N
[File No. 22 (4)/2012-D (P/S)]

          The proposal of Ministry of Defence to refer the recommendations of the ‘Cabinet Secretary Committee’ on pay related issues to 7th Central Pay Commission has been examined in this Department.

2.      An administrative Ministry may refer an issue concerning employees under its purview to 7th Central Pay Commission, if it so deems, provided the same is within the ambit of the Terms of Reference of the 7th CPC. MoD may take a view accordingly.

3.      Secretary (Expenditure) has seen.
Sd/------------
30.06.14
(Manoj Kumar)
Under Secretary
Joint Secretary (E) Ministry of Defence, South Block, New Delhi
MoF (Deptt of Expr) I. D. No. 94473/14/E-III(A) dated 30th June 2014

Sd/-------------1-7-14
Dir (AG-I)  Sd/------------ 02/07/14
US (P/S) Take action   Sd/--------02/07/2014

-110-
Ministry of Defence
D (Pay/Services)

                   Note 107 ante explains the case in detail.

2.      With the approval of RM, the recommendations of the Cabinet Secretary Committee, that pay related issues may be referred to next Pay commission, was referred to Ministry of Finance (Deptt of Expenditure) for their concurrence. 

3.      Ministry of Finance vide their note dated 30.6.2014 (Note 109) has stated that an administrative ministry may refer an issue concerning employees under its purview to Seventh CPC, if it so deems, provided the same is within the ambit of the Terms of reference of Seventh CPC. Mod may take a view accordingly.

4.      A copy of Ministry of Finance Resolution dated 28.2.2014 regarding appointment of Seventh CPC is placed opposite. The Terms of Reference of the Commission [Para 2 (b)] relevant in this regard is as under: -

“To examine, review, evolve and recommend changes that are desirable and feasible regarding the principles that should govern the emoluments structure, concessions and facilities/benefits in cash or kind, as well as 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.”    

5.       The pay related issues placed before the Committee were as under: -

          (a)     Common pay scales for in-service JCOs/ORs
          (b)     Initial pay fixation of Lt Col/Col and Brig/equivalent
          (c)     Review and enhancement of Grade Pay
          (d)     Placing of all Lt Gens in HAG+ scale, and
(e)     Grant of Non-Functional Upgradation (NFU) to Armed Forces personnel

6.      As the issues mentioned above are covered under the ambit of Terms of reference of Seventh CPC, we may convey to PMO. Cabinet Secretariat and Ministry of Finance (Deptt of Expenditure) that Government has accepted the recommendations of the Cabinet Secretary Committee on pay related issues. We may also request TRIPAS to take further necessary action in this regard alongwith sending a copy of the Report of the Cabinet Secretary Committee. A draft OM is accordingly put up for approval please.
Sd----------------
2.7.14
(Raghunath)
S.O. D (P/S)
US (P/S)
-111-
All the issue raised in the Cab Secy Committee related to pay. As such they may be raised with 7th CPC, as clarified by MoF.

For approval of JS (E)
          Sd/--------------
2/7/2014
(P. S. Walia)
US D (Pay/Services)
Dir (AG.I)            Sd------------02/07/14
JS (E)                  Sd/-----------3/7/14    
Dir (AG.I)            Sd/-----------04/07/14
US (P/S)    Issue Encl 112A

-112-
(Also Encl 112-A)
Most Immediate
Government of India
Ministry of Defence

No. 22(4)/2012-D(Pa/Services)                                                    New Delhi, 04th July 2014
Office Memorandum
          Subject:      Decision on the recommendations of Cabinet Secretary Committee on pay related issues of Defence Services Personnel
          The undersigned is directed to say that on the directions of the Hon’ble Prime Minister, a Committee under the chairmanship of Cabinet Secretary to look into certain pay and pension related issues of serving and retired Defence Services Personnel was set up by the Cabinet Secretariat in July 2012. The issues placed before the Committee were as under:  
                    (i)       Defence Services Personnel
                    (a)      Common pay scales for in-service JCOs/ORs
                    (b)      Initial pay fixation of Lt Col/Col and Brig/equivalent
                    (c)      Review and enhancement of Grade Pay
                    (d)      Placing of all Lt Gens in HAG+ scale, and
(e)      Grant of Non-Functional Upgradation (NFU) to Armed Forces personnel
          (ii)      Ex-servicemen
                    (a)      One Rank One Pension
                    (b)      Enhancement of Family Pension
                    (c)      Dual Family Pension
(d)      Family pension to mentally/physically challenged children of Armed Forces personnel on marriage
2.       The Committee submitted its report in August 2012. All the recommendations of the Cabinet Secretary Committee related to Ex-servicemen have already been implemented.
3.       In respect of issues related to serving Service Personnel, the Committee vide Para 39 of its Report noted that
“the pay related issues are complex and have ramifications across the Government including on para-military personnel. The proposals made by Defence Forces in many cases are at variance with some principles followed by the Sixth Pay Commission.”

Vide Para 41 of its Report, the Committee recommended that
          “In the circumstances, the Committee recommends that the pay related issues may be specifically referred to the next Pay Commission for its consideration as the Pay Commission is the expert body set up for this purpose which can examine these issues in a holistic manner.”

4.       Government has accepted the above recommendations of the Cabinet Secretary Committee on pay related issues.
Sd/-------------------
(Pradeep Kumar)
Director (AG-I)
2301 4036
Prime Minister’s Office
(w.r.t. their communication No. 270/3/3/2009.E.S.I Vol.5 dated 25.7.2013) 
Cabinet Secretariat
(w.r.t. their communication No. 213/2/3/2012 CA.IV dated 16.7.2013)
Ministry of Finance (Department of Expenditure)
(w.r.t. their communication No. 94473/14/E.III(A) dated 30.6.2014
Copy to: - Director, TRIPAS for taking further necessary action in the matter. A copy of the Report of the Committee is also enclosed.
Sd/-------------------
(Pradeep Kumar)
Director (AG-I)
2301 4036
Sd/------4/7/14
-113-
(Also Encl 113-A)
Tele: 23063701
AF Pay Commission Cell
Room No. 454
Air HQ (VB), Rafi Marg
New Delhi – 110 106
Air HQ/99140/03/AFPCC                                                             15 Jul 14

Dir (AG-1)
D (Pay/Services) MoD
Wing B, Sena Bhawan
New Delhi

REPORT OF CABINET SECRETARY COMMITTEE
ON PAY RELATED ISSUES

1.       This is w.r.t. MoD ID No. 22 (4)/2012-D (Pay/Services) dated 04 Jul 2014 on the subject.

2.      It is noted that the Govt has accepted recommendations of the Cabinet Secretary’s Committee that “the pay related issues may be specially referred to the next Pay Commission for its consideration…” (Para 41 of the report refers).

3.      In view of the above, it may be confirmed if MoD has referred the issues to 7th CPC (as recommended by the Cabinet Secretary Committee and accepted by the Govt). Copy of the communication from MoD to 7th CPC may also be forwarded to TRIPAS/respective Services Pay Commission Cells for reference & follow up. 
Sd/----------
(Sonny Misra)
Wg Cdr
Member, AFPCC
Copy to: Director, TRIPAS for info

-114-

Ministry of Defence
D (Pay/Services)

          Reference Encl 113-A.

2.      AFPCC vide their letter dated 15.7.2014 has referred our letter dated 4.7.2014 (Encl 112-A) and requested to confirm if MoD has referred the issues to VII CPC.

3.      In this connection it is stated that MoD has not referred the pay related issue to VII CPC. However, TRIPAS has already been requested vide above referred letter dated 4.7.2014 to take further necessary action in the matter. We may inform the position to AFPCC accordingly as per DFA.
Sd/----------------
21.7.14
US (P/S)    May also see                  Sd/---------- 21/7/2014
Dir (AG.)                                          Sd/-----------22/7/14
US (P/S)                                           Sd/-----------22/7/2014
Issue                                                           Encl 114-A
Immediate
Ministry of Defence
D (Pay/Services)

          Subject: Report of the Cabinet Secretary Committee on pay related issues.

          Reference Air HQ letter No. Air HQ/99140/03/AFPCC dated 15.7.2014 on the above subject.

2.      MoD has not referred the pay related issues to VII CPC. Instead TRIPAS has been requested in MoD letter dated 4.7.2014 to take further necessary action in the matter.
Sd/---------------
(P. S. Walia)
 Under Secretary
AFPCC
MOD ID No. 22 (4)/2012/D (Pay/Services) dated 22nd July, 2014

-115-
(Also Encl 115-A)

CABINET SECRETARIAT
RASHTRAPATI BHAWAN

          Subject: Decision on the recommendations of Cabinet Secretary
                             Committee on pay related issues of Defence Service
                             Personnel

          Reference is invited to M/o Defence O.M. No. 22 (4)/2012 – D (Pay/Services) dated 4th July, 2014 (addressed to PMO, Cabinet Secretariat, and D/o Expenditure) conveying the decision of the Government to accept the recommendations made by the subject mentioned Committee in respect of serving defence personnel.

2.      In this connection, reference is also invited to this Secretariat’s Order of even number dated 13th July, 2012 constituting a Committee under the chairmanship of Cabinet Secretary and Principal Secretary to PM, Defence Secretary, and Secretaries of D/o Expenditure, D/0 Ex-Servicemen’s Welfare and Secretary, D/o Personnel & Training as members to look into pay and pension related issues of relevance to defence services personnel and Ex-servicemen. 

3.      D/0 Expenditure is requested to take further follow up action in the matter, under intimation to this Secretariat.
Sd/-----------
(S. Ahlladini Panda)
Director
Tel: 23792357
D/o Expenditure (Shri Ratan P. Watal, Secretary)
Cabinet Secretariat’s I.D. No. 213/2/3/2012-CA.IV dated 25th July, 2014

Copy for information to:
1.       Shri Munu Mahavar, Director, PMO
2.      Shri R. K.Mathur, Defence Secretary w.r.t. reference cited

-116-
(Also Encl 116-A)

Tele: 23063701
AF Pay Commission Cell
Room No. 454
Air HQ (VB), Rafi Marg
New Delhi – 110 106
Air HQ/99140/03/AFPCC                                                             05 Aug 14

Dir (AG-1)
D (Pay/Services) MoD
Wing B, Sena Bhawan
New Delhi

REPORT OF CABINET SECRETARY COMMITTEE
ON PAY RELATED ISSUES

1.       Reference is made to MoD ID No. 22 (4)/2012/D (Pay/Services) dated 22 Jul 2014 on subject vide which it has been intimated that TRIPAS is to take necessary action regarding recommendation of the Cabinet Secretary’s Committee as accepted by Govt that “the pay related issues may be specifically referred to the next Pay Commission for its consideration…” (Para 41 of the report refers).  

2.      In view of the above, to enable TRIPAS (and the Army, Navy & Air Force Pay Cells) to take up these issues with 7th CPC (by way of inclusion in the Joint Services Memorandum), MoD is requested to undertake the matter with DoE, MoF such that consideration and redressal of these issues is included in the Terms of Reference of 7th CPC.

3.      Further, it is requested that the matter may be accorded ‘Priority’ and copy of correspondence from MoD to DoE on subject may also be forwarded to TRIPAS/respective Services Pay Commission Cells for reference and follow up. 
Sd/---------------
(Sonny Misra)
Wg Cdr
Member, AFPCC
Copy to: Deptt of Expenditure (MoF).

-117-
Ministry of Defence
D (Pay/Services)
         
          Note 105 ante onwards may please be perused.

2.      With approval of RM, the recommendations of the Cabinet Secretary Committee, that pay related issues may be referred to next Pay Commission, was referred to Ministry of Finance (Deptt of Expenditure) for their concurrence. Ministry of Finance vide their note dated 30.6.2014 (Note 109), stated that an administrative ministry may refer an issue concerning employees under its purview to Seventh CPC, if it so deems, provided the same is within the ambit of the Terms of Reference of Seventh CPC. MoD may take a view accordingly. The matter was examined further vide note 110 ante. As the pay related issues placed before the Committee are covered under the ambit of Terms of Reference of Seventh CPC, the recommendations of the Cabinet Secretary Committee on pay related issues were accepted and conveyed to PMO, Cabinet Secretariat and Ministry of Finance (Deptt of Expenditure). TRIPAS was also requested to take further action in this regard vide letter dated 4.7.2014 (Encl 112-A).  

3.      Now, Air Force Pay Commission cell vide their letter dated 5.8.2014 (Encl 116-A) addressed to this Ministry with a copy to Deptt of Expenditure has stated that to enable them to take up these issues with VII CPC by way of Joint Service Memorandum, MoD may undertake the matter with Deptt of Expenditure such that consideration and redressal of these issue by 7th CPC is included in the Terms of reference of VII CPC. We may forward the request of AFPCC to Deptt of Expenditure for taking further necessary action. Draft is accordingly placed opposite for consideration please.  
Sd/------------
7.8.14
(Raghunath)
S.O. D (Pay/Services)
US (P/S)    Sd/-----------07082014
Dir (AG.I)
-118-
DFA for kind approval pl                Sd/------------- 08.08.14
JS (E)         Pl discuss                      Sd/--------------8.8

-119-

          As discussed in JS (E) chamber on 11.08.14. The note and DFA may be revised pl.                                                Sd/------------- 11/8/14
US (P/S)    Sd/------------

-120-

          DFA to 7th CPC pl
-121-
Ministry of Defence
D (Pay/Services)
         
          Note 105 ante onwards may please be perused.

2.      With approval of RM, the recommendations of the Cabinet Secretary Committee, that pay related issues may be referred to next Pay Commission, was referred to Ministry of Finance (Deptt of Expenditure) for their concurrence. Ministry of Finance vide their note dated 30.6.2014 (Note 109), stated that an administrative ministry may refer an issue concerning employees under its purview to Seventh CPC, if it so deems, provided the same is within the ambit of the Terms of Reference of Seventh CPC. MoD may take a view accordingly. The matter was examined further vide note 110 ante. As the pay related issues placed before the Committee are covered under the ambit of Terms of Reference of Seventh CPC, the recommendations of the Cabinet Secretary Committee on pay related issues were accepted and conveyed to PMO, Cabinet Secretariat and Ministry of Finance (Deptt of Expenditure). TRIPAS was also requested to take further action in this regard vide letter dated 4.7.2014 (Encl 112-A).  

3.      Now, Air Force Pay Commission cell vide their letter dated 5.8.2014 (Encl 116-A) addressed to this Ministry with a copy to Deptt of Expenditure has stated that to enable them to take up these issues with VII CPC by way of Joint Service Memorandum, MoD may undertake the matter with Deptt of Expenditure such that consideration and redressal of these issue by 7th CPC is included in the Terms of reference of VII CPC.

4.      As discussed, we may now refer the pay related issues to Seventh CPC for its consideration as recommended by the Committee and accepted by the Government. Draft is accordingly placed opposite for consideration please.
Sd/---------------
(Raghunath)
SO D (Pay/Services)
US (P/S)              Sd/-------------- 12/8/2014
Dir (AG-I)          
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          The DFA in respect of the above is submitted for kind consideration and approval please.                                                                           Sd/-------------
 12/8/14
JS (E)
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May kindly see before issue
                                                                             Sd/--------
12-8-14
AS (R)                  Sd/--------------12/8/14
Defence Secretary
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For kind approval                            Sd/-------- R. K. Mathur, Defence Secretary
 12/8
RM   Sd/------------ 29/8
Def Secy
JS (E)
Dir (AG –I)
US (P/S)

Issue Encl  125 A
-125-
(Also Encl 125-A)
Most Immediate
Government of India
Ministry of Defence
          Subject: Decision on the recommendations of Cabinet Secretary Committee on pay related issues of Defence Services Personnel
          
On the directions of the Hon’ble Prime Minister, a Committee under the chairmanship of the Cabinet Secretary to look into certain pay and pension issues of serving and retired Defence Services Personnel was set up by the Cabinet Secretariat in July 2012. The Committee was serviced by D/o Expenditure. The issues placed before the Committee were as under: -

(i)                Defence Services Personnel
          (a)                 Common pay scales for in-service JCOs/ORs
           (b)                Initial pay fixation of Lt Col/Col and Brig/equivalent
                (c)      Review and enhancement of Grade Pay
                 (d)      Placing of all Lt Gens in HAG+ scale, and
          (e)        Grant of Non-Functional Upgradation (NFU) to Armed Forces personnel
          (ii)      Ex-servicemen
          (a)                One Rank One Pension
               (b)      Enhancement of Family Pension
               (c)      Dual Family Pension
(d)      Family pension to mentally/physically challenged children of Armed Forces personnel on marriage

2.       The Committee submitted its report in August 2012. A copy of the Report is enclosed herewith. All the recommendations of the Committee related to Ex-servicemen have been implemented by issue of eight Government letters on 17.1.2013.

3.       Regarding the issues related to serving Defence Personnel, the Committee vide Para 39 of its Report noted that
“the pay related issues are complex and have ramifications across the Government including on para-military personnel. The proposals made by Defence Forces in many cases are at variance with some principles followed by the Sixth Pay Commission.”

Further, vide Para 41 of its Report, the Committee recommended that
          “In the circumstances, the Committee recommends that the pay related issues may be specifically referred to the next Pay Commission for its consideration as the Pay Commission is the expert body set up for this purpose which can examine these issues in a holistic manner.”

4.              The Government has accepted the above recommendations of the Committee on pay related issues. Accordingly, the above five issues related to serving defence personnel are referred to 7th CPC for its consideration. 
Sd/-------------------
25.08.14
(Pradeep Kumar)
Director (AG-I)
2301 4036
Secretary, 7th Central Pay Commission, Post Box No. 4599, Hauz Khas PO, New Delhi – 110 016
MoD ID No. 22(4)/2012-D (Pay/Services) dated 25th August 2014
Encl: as above
Copy to: -
1.       Ministry of Finance (Deptt of Expenditure)
2.       Cabinet Secretariat
3.       Prime Minister’s Office
4.       AFPCC
5.       D (PCC) MoD
*        *        *        *        *