Thursday, 18 September 2014

Avoiding Giving MoF, DoE a handle to beat us with

Avid readers and followers of the ongoing SAG-29 Pensioners Association Vs UoI saga through the OA 655 of 2010 till the Curative Petition and back to the implementation of the orders must have noticed the "teesra" the MoF, DoE has bowled by way of restricting the benefits to the members of the Association.

Avid followers/similarly placed officers of the Rank Pay Case would also have noticed that RDOA and it's advocates ensured that in IA No. 9 of 2010 in TP (C) No. 56 of 2007, every similarly placed officer, whether he approached the Courts, AFT or not, was made a beneficiary of the judgment dated 4th September 2012.

Perceptive readers and followers of both cases would have noticed that the order of the Apex Court in the Rank Pay case i.e. all similarly placed have not been given the advantage (as yet) in the SAG-29 Pensioners case.

It might be worth the while of those similarly placed officers who have not yet decided to become members of the RDOA whether they would like to wage their own legal battles, should the MoD/CGDA/MoF, DoE decide to confine implementation of any future favourable  verdict only to members of the RDOA (which is the "Anr" part of Lt Col N K Nair & Anr Vs UoI) in Contempt Petition (C) No. 328 of 2013.            

Wednesday, 17 September 2014

Reply to RTI from PMO - Petition Sent to Secretary, MoD



Online RTI Request Form Details

Public Authority Details :-
* Public Authority Prime Minister's Office

Request Details :-
* Description of Information Sought

Please refer to SYS/10525/Armed Forces dated 06.06.14 addressed to the Honourable Prime Minister.

The kindness of the Honourable Prime Minister was requested to have the issues examined as Armed Forces personnel retired and serving look to the Honourable Prime Minister for solutions to the listed pending issues mentioned therein.

RTI Act 2005 vide Para 2 (f) states Information means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the ��me being in force.

Please provide information as defined in Para 2 (f) of the RTI Act 2005 on the progress of the actions taken by the Honourable Prime Ministers office in pursuit of solutions to issues mentioned in the above-mentioned petition dated 06.06.2014.

It is requested that this applicant may not be requested to travel to New Delhi to examine and earmark information from the files in the PMO related to the request due to the expense which may far exceed the cost of photocopies of information @ Rs 2/- per photocopied page or Rs 50/- per CD.

60940 Reply to RTI from PMO

Received on 16 Sep 14

Speed Post A.D
Right to Information
PRIME MINISTER’S OFFICE
South Block,
New Delhi – 110 011
No. RTI/4922/2014-PMR                                               Dated: 10 Sept, 2014


To,


Subject: Application under Right to Information Act, 2005
Sir,

          Reference is invited to application (no. 60940) dated 11.8.2014, received on 12.8.2014, on the above noted subject. The matter was referred to the office for providing inputs. Inputs provided by the office in respect of your request for information is enclosed (2 pages). 

2.       For the purpose of section 19 of the Right to Information Act, 2005, Shri Krishan Kumar, Director, is the appellate authority in respect of this office.

Yours faithfully,
Sd/-----------------
                                                                                                              
Encl: as above (2 pages)                                                          (S. E. Rizwi)
                                                                                                                
                                                Director & Central Public Information Officer
                                                                                    Telephone: 2307 4072
*         *         *         *         *
 
                                                                                     Right to Information
RTI/4922/2014-PMR
PRIME MINISTER’S OFFICE
(Public – IV Section)
***

Sub: Application of Shri S Y Savur under RTI Act 2005.

          The petition dated 6-6-2014 received from the applicant in this office has been forwarded to the Secretary, Ministry of Defence, Govt of India for action as appropriate vide PMO letter No. 7/3/2014-PMP-4/July2 dated 17-7-2014. An attested copy of the communication is enclosed.

Sd/---------------
Section Officer 4/9/14

*         *         *         *         *


Monday, 15 September 2014

MoD refers NFU & Other Anomalies to 7th CPC on 25 Aug 14



Non-Functional Upgradation - Online RTI Request (Third time) Details

* Description of Information Sought

1. In reply by MoD No. 35 (11)/2013/D (Pay/Services) dated 08 October 2013, MoD had stated ....”2. The issue of Non Functional Upgradation to personnel of the Armed Forces was one of the five issues relating to service personnel which were considered by the Committee headed by Cabinet Secretary. The Committee submitted its Report to the Prime Minister. It is stated that the recommendations on pay related issues of the report of the Committee have been further examined in Ministry of Defence and it has been still decided to wait.....”

2. In reply of even reference dated 30 December 2013, in reply to MODEF/R2013/61057 dated 10 December 2013, MoD stated .... “2. The issue of Non-Functional Upgradation was one of the issues considered by the Cabinet Secretary Committee. It is informed that 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. Hence, the information sought vide above referred application cannot be shared at this stage by this Ministry under Section 8 (1) (i) of the RTI Act, 2005.

3. Now more than 8 months have passed and some decision must have been taken.

4. Therefore, I request comprehensive information as defined in Sec 2 (f) of the RTI Act 2005 on the issue of decision taken by the Government on the issue of Non Functional Upgradation for eligible defence personnel.

Reply dated 8th September 2014 received on 15th September 2014

No. 35 (1)/2013/D (Pay/Services)
Government of India
Ministry of Defence
New Delhi, the 8th September, 2014

To

Shri S Y Savur     
141, Jal Vayu Towers,
NGEF Layout,
Indira Nagar (PO),
Bangalore - 560038

          Subject: Seeking information under RTI Act, 2005

Sir,

          Reference is invited to MoD ID No. MODEF/R/2014/61542 dated 28.8.2014 forwarding your application dated 26.8.2014 received in this section on 1.9.2014 on the above subject.

2.       The issue of Non-Functional Upgradation to Armed Forces officers was one of the issues considered by the Cabinet Secretary Committee. The Committee recommended that 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. Government has accepted these recommendations. Accordingly, Services have been requested to take further necessary action. MoD has also referred the pay related issues to 7th CPC. In this connection, copies of MoD letters No. 22 (4)/2012-D (Pay/Services) dated 4th July 2014 and 25th August 2014 are enclosed.  

3.       The Appellate Authority is Shri Pradeep Kumar, Director (AG-I), Ministry of Defence, Room No. 102, Sena Bhavan, New Delhi.
sd/--------------
                                                                                08.09.14
(V. N. Raveendran)
                                                                                          Under Secretary & CPIO
Encl: as above
*         *         *         *         *
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

*         *         *         *         *
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

Saturday, 13 September 2014

Manuscript - update

Fascinated by the revelations of Shri P C Parakh and now Shri Vinod Rai, am tempted to write a fact based chronicle of the on-going torture called Rank Pay case.

Since the aforementioned authors have expressed their sides of the story while all the scams - 2G, CWG and Coal - are going through the judicial process in the Hon'ble Courts, why not "An Unlamented Scam on the Armed Forces?"

The manuscript is about 200 pages and may be about 250 pages.

Opinions/comments (even the acerbic ones) are welcome.    

P.S: Editing on for about 370 pages (1.5 spacing); next proof reading and finally, hopefully I can afford the up-front cost of publishing etc

Tuesday, 9 September 2014

Update from 7 CPC website : Visit toLeh/Srinagar scheduled for 15th to 18th September 2014



In view of ravaging flood situation in J &K. The schedule visit of 7th CPC to Leh/Srinagar is temporarily postponed. Fresh dates will be announced soon.