Wednesday 23 March 2016

Meeting with RM on 14 Mar 2016

Kind Courtesy Lt Gen S K Bahri PVSM Veteran



From: Ravindra Pathak <raviwarsha@gmail.com>
To: Sk Bahri <skbahri@yahoo.com>; Satish Kumar Bahri <skbahri1@yahoo.com>
Sent: Thursday, 17 March 2016 7:43 PM
Subject: Meeting with RM

Dear Bahri Sir
I have got various versions of what transpired at the meeting.
Summing up I conclude what the RM said is F O we have given what we had to now go to Committee for any problems and I will see their report is out by 15 May.
Am I right in my conclusion Sir?
Brgds
Ravi


Dear Ravi,
You are correct as far as the gist is concerned. However, I am clarifying as to what exactly happened at the meeting.

a)  RM started by saying that Rs 2000 crs had been distributed as arrears and pensions under OROP till date and the balance will be completed by 20 Mar 16.

b) Then he asked if there were any questions on OROP. A number of people like Col Arasu, Maj Gen NB Singh, Col Nain etc put up points. RM directed that now that the one man Judicial Committee has been setup all issues be referred to it. He pointedly said that if you send your points through DESW, to mark copies to him so that he can follow them up. He also said that if some one desires he can request for personal attendance to argue his point. Gen VK Singh further clarified it will be ensured all issues raised are dealt with sympathetically.

c)  Lastly, Maj Gen Satbir Singh raised the issue that four issues are outstanding regarding OROP, which have a total cost of approx Rs 800 crs only. The RM was quick to respond that money is not the problem but if you hold a gun to his head and demand then the govt is not going to accede to any request. He clarified that our continued fast at Jantar Mantar is putting up the back of the govt and it will not listen to anything under duress. He also clarified  regarding the claim by Satbir that Parliament has accepted the Koshiyari Committee report twice is incorrect. RM said that many committee reports are received by the govt and they are never accepted in toto, as it is the decision of the govt as to what it can and what it cannot. (I have seen it myself after being involved in the passage of Real Estate Regulation Act . The govt accepted/rejected some of the recommendations and improved on some)

d)  Towards the end I raised the issue of Wg Cdr CK Sharma that he had been arrested and bodily removed by Haryana police even though they did not produce an arrest warrant. RM said that Haryana police is a law unto itself and passed some uncomplimentary remarks about it. However, he also seemed to have noticed, as I had written to him, that policemen and CAPFs are wearing disruptive pattern clothing and consequently army flag columns had to carry placards to identify themselves. He said that he had spoken and written to the HM to stop this practice.

I have received a number of queries as to what had happened during the meeting even though IESM had omitted my presence, senior most retired officer, in their communications on this meeting, people somehow were aware that I too was invited. Mr R Chandrashekar or Gen VK had also brought out that due to the continued fast at JM we are losing sympathy of general public. I am also called by number of officers, JCOs and OR that why are we continuing at JM after achieving so much and why don't we negotiate amicably with the govt. Hope some one listens as I have tried my best.

Thursday 17 March 2016

On the Implementation of 7th CPC



 

Implementation of 7th Pay Commission – Interaction between Implementation Cell and Nodal Officers – Minutes of the meeting held on 2.2.2016

[Nodal Officer for MoD/DoD is Shri Ashok Dongre, JS (Estt/PG), 97, South Block, New Delhi – 110 011; Tele: +91 11 23792043; Email: dongre03@hotmail.com ]

MINUTES OF THE MEETING OF JOINT SECRETARY (IC) WITH NODAL OFFICERS HELD ON 2ND FEBRUARY, 2016

A meeting of all the Nodal Officers of various Ministries/Departments, who have been appointed to interact with the Implementation Cell in connection with the processing of the recommendations of the 7th Central Pay Commission, was held on 02.02.2016. Joint Secretary (IC), Department of Expenditure, presided over the meeting.
2. While explaining the background and the context in which the meeting of Nodal Officers was held, it was brought out in the meeting that after the receipt of the report of the 7th Central Pay Commission on 19.11.2015, Ministry of Finance initiated a proposal to setup an appropriate mechanism to process the recommendations of the Commission. With the approval of the Cabinet, an Empowered Committee of Secretaries (E-CoS) headed by the Cabinet Secretary has been set up on 27.1.2016 to screen the recommendations and to firm up the conclusions for approval of the Cabinet. An Implementation Cell (IC), as a dedicated and focused wing in the Department of Expenditure (DoE) has been created to work as the Secretariat for the E-CoS.
3. As the recommendations of the Commission relate to various Ministries/ Departments, their views/comments would be essential to process the matter for submitting the same before the E-CoS. JS(Pers), D/o Expenditure wrote a d.o. letter to the Secretaries of various Departments on 21.11.2015, wherein all the Departments were requested to formulate their views/comments on the recommendations of the Commission pertaining to them after taking into account the representations of the Staff Associations and also to nominate a Joint Secretary level Nodal Officer for interaction with the Implementation Cell. While a number of Ministries/Departments have sent their comments and nominated their Nodal Officers, the comments received from some Ministries are simply in the nature of forwarding the representations of the Staff Associations without their comments.
4. In the above background, JS(IC) explained that there was a need for all the Ministries/Departments to furnish their comments in a structured format so that their collation and analysis could be placed before E-CoS in a systemic manner. Accordingly, JS(IC) impressed upon the following action points to be acted upon by the Nodal Officers to enable an expeditious processing of the recommendations of the 7th Central Pay Commission:
(i) Departments who have not yet nominated a Nodal Officer, should do it within the next 2 days.
(ii) To be ensured that Nodal Officers are not changed midway, unless extremely unavoidable.
(iii) Nodal Officers may get acquainted with the recommendations of the Commission as specifically applicable to their Departments. Nodal Officers to find out which Wing/Office (attached or subordinate or UT) is concerned with the recommendations of the Commission. The mechanism of Nodal Officers should also be put in place in attached/subordinate/UTs so that the comments of such offices could be properly coordinated at the level of the Department concerned without any further delay.
(iv) The comments of the attached/subordinate offices/UTs should be compiled by Nodal Officers at the Department level itself.
(v) Nodal Officers to take note of any representation or demand of the Staff Association under the administrative purview of their Department. Nodal Officers to ascertain the views/comments of the concerned office on the recommendation of the Commission in the light of the representation /demands raised by the Staff Association.
(vi) In case, there is any need for consultation with the Staff Association at the level of the Department, the same may be done as per the assessment of the Department.
(vii) Thereafter, the formal views/comments of the Department should be sent to the Implementation Cell (IC) on the recommendations of the Commission, which are specifically and directly related to that Department.
(viii) In case, the Department is of the view that any recommendation which are specifically related to their Department, need any modification, adequate justification in clear-cut terms should be brought out while sending the comments to the Implementation Cell (IC).
(ix) In case of any modification, the extra financial implications (per annum) over the recommendation of the Commission should be clearly indicated.
(x) If no modification of the recommendations of the Commission is suggested, approval of the Secretary of the Department should be obtained before sending the recommendations to the Implementation Cell (IC). if, however, any modification is suggested, approval of the Minister should be obtained.
(xi) While the views/comments of the Departments on the recommendations of the Commission directly and specifically applicable to that Department are mandatory, a Department is free to offer views/comments on the recommendations which are of general nature or concerning other Departments.
(xii) Besides sending the comments/views of the Department in the running format, the same should also be sent to the Implementation Cell (IC)in the `prescribed proforma’ within two weeks. The soft copies of the same should also be sent through email. The email id of JS(IC) is : jsic-cpc@nic. in
(xiii) Nodal Officers shoud regularly keep a watch on the website of the Finance Ministry at the link http://www.finmin.nic.in/the ministry/dept expenditure/ notification/7cpc/index.asp. E-mails should also be checked regularly for the purpose. The updates/further action to be taken shall be posted there to facilitate quick action.
5. Apart from the above action points, it was also felt that sub-groups may be formed after the receipt of comments from the Ministries/Departments to accord focused consideration to certain specific issues, if necessary.
6. Besides above, after detailed deliberations, the Nodal Officers also agreed to the following :
(i) Even if the Department has no comments, it should send a response, saying that it has `Nil Report’.
(ii) While certain Departments have already given their comments, these comments would be sent again in the ‘prescribed format’ and in accordance with the points brought out in para 4 above.
(iii) Nodal officers would ensure that the comments of their Departments on all the recommendations of the Commission and also on the representations received so far from the Staff Associations are forwarded to Implementation Cell (IC) in the prescribed format in a consolidated fashion and not in piece-meal within next two weeks.
(iv) If a representation was made by a Staff Association before the 7th Central Pay Commission and the Commission after due diligence has not accepted the demand made therein, the same matter should normally not be considered at this stage. However, if Departments consider that the issues are of such nature that they require consideration at this stage also, then they may give their comments with full justifications to the Implementation Cell (IC).
7. With the above discussions, the meeting ended with a vote of thanks to the Chair.
*        *        *        *        *
F No.30-1/2016-IC
Government of India
Ministry of Finance
Department of Expenditure
Implementation Cell (7th CPC)
Dated: 15th February, 2016
OFFICE MEMORANDUM
Subject: Comments of the Ministries/Departments on Recommendations of 7th Central Pay Commission – Request to Expedite – regarding.
All the Ministries/Departments, vide the D.O.No.1-4/2015-EIII.A dated 21.11.2015 from Joint Secretary (Pers), Department of Expenditure were requested to formulate their views/comments on the issues and the posts/services under them with reference to the recommendations of the 7th Central Pay Commission and forward it to the Department of Expenditure within a period of three weeks.
2. The action involved on part of the administrative Ministries/Departments was also discussed, in detail, in the meeting with the Nodal Officers on 02.02.2016 and all the Nodal Officers were requested to furnish their comments in the ‘prescribed proforma’ circulated in the meeting, along with soft copy to the ‘jsic-cpc@nic.in within two weeks i.e. by 17.02.2016. The responses received so far are not satisfactory and comments of the most the Ministries/Departments are still awaited.
3. The Implementation Cell which is working as the secretariat of the Empowered Committee of Secretaries (E-CoS) has been asked to furnish considered views of the Ministries/Departments on the recommendations of the 7th CPC.
4. In view of the above, the comments of the Ministries/Departments may be furnished to the Implementation Cell. Department of Expenditure, immediately.
This may be treated as most urgent.
sd/-
(R.K.Chaturvedi)
Joint Secretary (IC

Exposing Yet another Falsehood



 Forwarded e-mail:

FYI - Do not still believe this, sharing just in case some one else has heard this statement and shared with you so that it can be passed on to concerned people
xxxxxx

Begin forwarded message:
From: MG Kapoor <mgkapoor.1962@gmail.com>
Date: 16 March 2016 6:52:26 pm IST
To: Vijay <vjraheja@yahoo.co.in>
Subject: Re: What I had analysed and predicted seems coming true.
Dear Vijay,

I am copying a message received from my friend Brig SC Marwaha, which I am pasting below.

"I got a mail that the RM had visited Wellington yesterday and to a specific question whether the 7 CPC implementation will cover the OROP revision from 01 Jan 2016, he said that the 7 CPC will not be implemented for veterans. The next revision will only be in 2019."

If you recollect I had analysed and predicted it so but you had disagreed.

Regards,

MG

Sent from my iPhone

The Facts & Truth

I place the following data for your kind consideration. You may wish to share it, if you deem fit.
RM did not visit Staff College recently. I spoke with my course-mate AVM Gurunathan (retd) who resides in Wellington, and he confirmed that the RM's visit was some months ago.
To re-confirm, I called up a very senior Directing Staff in DSSC and found out that RM did not visit DSSC in the past couple of months. He also said that RM did not have any meeting with Veterans nor did any one else ask about whether 7th CPC would be effective in 2019 for those drawing OROP.
Therefore, this is yet another misinformation by chronic instigators (just like those that shouted out from roof tops that 3rd CPC did us in after the 1971 War.)
Further,
 
Look at this chronology
1. On 5th September 2015, the RM announced the implementation of OROP.
2. On 8th September 2015, the Govt announced by a Gazette of India notification that the tenure of the 7 CPC is extended to 31 Dec 2015.
3. On 09 Nov 2015, the MoD issued the implementation order for OROP.
4. On 19 Nov 2015, the 7 CPC submitted its report & recommendations.
5. On 03 Feb 2016, MoD issued the OROP tables and instructions to PDAs' to pay the first instalment of 4 half-yearly installments to pensioners other than family pensioners, pensioners with disability and Gallantry award and War pensioners who would be paid full arrears.
Keeping the above chronology in mind, let us read the 7 CPC Report.
A. At Para 4.2.13 and 5.1.43 the CPC has recommended 1.1.2016 as the date of implementation.
B. At Para 5.2.7, CPC states, inter alia, "at the time of implementation of the new pay as on 01.01.2016," and
 C. At Para 10.1.67, the CPC states "The Commission recommends a revised pension formulation for civil employees including CAPF and Defence Forces who retired before 1.1.2016 (expected date of implementation of 7 CPC recommendations).... (emphasis supplied).

Further, from Defence Service Regulations, Army Pension Regulations, 2008

RIGHT TO WITHHOLD OR SUSPEND OR DISCONTINUE PENSION
9. (a) In circumstances to be determined by the competent authority or as may be specified in these Regulations, the pension including the commuted value thereof which
has not been paid or gratuity to be granted to an individual, or any portion of it, may be withheld, suspended or discontinued. In exceptional cases payment of part or whole of the
pension, allowance or gratuity withheld or suspended may, by an order of the competent authority be made to the wife or other dependant(s) of the pensioner.

(b) This Regulation may be invoked under the following circumstances (emphasis supplied) -

(i) Offences against the State during the period of service, including service rendered upon re-employment after retirement, as listed in Chapter-VI of the Indian Penal Code. Relevant provisions of the Indian Penal Code are reproduced below -

(1) Waging or attempting to wage war or abetting waging of war against the Government of India;

(2) Conspiracy to commit offence punishable by section 121 I.P.C.

(3) Collecting arms etc. with intention of waging war against the Government of India.

(4) Concealing with intent to facilitate design to wage war.

(5) Assaulting President, Governor etc. with intent to compel or restrain the exercise of any lawful power.

(6) Sedition.

(7) Waging war against any Asiatic power in alliance with the Government of India.

(8) Committing depredation on territories of powers at peace with the Government of India.

(9) Receiving property taken by war or depredation mentioned in sections 125 and 126 Indian Penal Code.

(10) Public servant voluntarily allowing prisoner of State of war to escape.

(11) Public servant negligently allowing such prisoner to escape.

(12) Aiding escape of, rescuing or harbouring such prisoner.

(ii) Other serious crimes under Indian Penal Code, Official Secrets Act or any other special law of the land and grave misconduct; as defined in Notes to Regulation 8 of these Regulations.

(iii) To recover the whole or part of any pecuniary loss caused to the Government in cases where in any departmental or judicial proceedings, the pensioner/individual is found guilty of misconduct or negligence committed during the period of service including service rendered on re-employment after
retirement/discharge, leading to the said loss;

(iv)Unauthorized by continuing to occupy the residential accommodation including hired one provided by the Government;

(v) When a report is received after sanctioning the pension, that departmental or judicial proceedings (for the offences committed while in service or during the period of re-employment) are in progress against the individual;

(vi)When an individual obtains re-employment after retirement without obtaining prior permission of the competent authority where required; and,

(vii) Any other circumstances considered special by the Central Government.

Satyam Ev Jayate

Friday 11 March 2016

Confidence dented but Truth should prevail



Facing the truth about the 3rd Central Pay Commission
Did it really reduce Defence Personnel’s pensions to 50%

          Instances like these make me wonder why I seek to obtain and publish facts and truth about matters concerning ESM.

In the past few days, I have been at the receiving end of a vitriolic attack for suggesting that those perpetrating the myth that the 3rd CPC reduced our pensions from 70% of last pay drawn to 50% after the victory of 1971 must own up before all ESM get tarnished with the same brush that we were all either ignorant, but more damagingly, we spoke an untruth and continue to repeat it.

My errors, if I may, were that I searched for the 3rd CPC Report to vindicate that stand and, more importantly, provide the documentary proof of the above repeated assertion.

One ESM officer, an office bearer of an organisation, queried my disagreement for the method and manner of each of those myth perpetrators, as well as the philosophy of the organisation by using an untruth to increase the sense of injustice among ESM. He countered that many have received “diluted” OROP and have not queried it. Does that justify uttering and repeating an untruth?

I am more shaken that even after placing that Chapter 53 of the 3rd CPC Report on this blog not many of the more vociferous readers and commentators have questioned things like these: -   

If you study this carefully, it may be a sinister plan something similar to the 3rd CPC.



Why OROP is not ‘unconscionable’

The armed forces have got a raw deal in terms of pensions and pay since Independence


Earlier, armed forces personnel drew 70% of their last salary as pension while civilian government servants drew about 30% or so of last pay drawn, a practice that was in vogue the world over. The 3rd central Pay Commission (CPC), in 1973, made the pension percentage equal for both, reducing the armed forces personnel’s pension from 70% to 50 %, and increasing civil pension to 50%, on the logic that the armed forces would soon get pension under a new design—One Rank One Pension (OROP) — but that is yet to be implemented, 42 years later!



The discontent among the armed forces started in 1973 when the Indira Gandhi government decided to reduce pension as a part of the Third Pay Commission and aligned it to the civilian pension structure. Till then officers were entitled to 50 per cent of their last salary as pension, while in the case of jawans and junior commissioned officers the amount rose to 70 per cent of last drawn salary.


Thus the Government ingeniously cut a soldiers pension from 70% to 30% of pay at the same time enhancing the civilian pension from 30% to 50%.


A SYSTEMATIC DEGRADATION OF INDIAN ARMED FORCES!

Aug 23, 2015
While so much has been shared on OROP, I would like to highlight certain facts,that MUST BE KNOWN to the Citizen of India.
Till 1973, the pensions of Armed Forces were 70% of the last pay drawn, while of the civilians, it was 30% of the last pay drawn.

The Facts (and the truth) from the 3rd CPC Report (in italics) is this (emphasis supplied): -

The person associated with the 3rd CPC Report was I. M. Lal and not M. B. Lal as quoted by one of the worthies above.
                                                                           
Officers

2.      The existing pension code for the Services is based on the recommendations of the Armed Forces Pension Revision Committee (AFPRC) which submitted its report in 1950. The introduction of the Death-cum-Retirement Gratuity (DCR Gratuity) Scheme for Servicemen in September 1970 is the only significant change that has taken place since the Post-War Pension Code was introduced with effect from 1st June 1953 on the recommendations of AFPRC. Before formulating its recommendations, the AFPRC enunciated certain general factors for determining the entitlement to and assessment of pensions. The AFPRC viewed pensions and other terminal benefits as a reward for good service which should vary with the length and quality of service rendered; as an inducement to the right type of men to undertake continuous service; as compensations for early termination of career, liability to recall and for disabilities, if any, attributable to military service; and as an element towards the maintenance of those discharged and as support for the members of the family of deceased personnel.      

3.       The Services have, in their proposals, generally endorsed the principles enunciated by the AFPRC. They have also stated that Service pensions should take into account the peculiar conditions of service and the hierarchical set-up of the Services. They have added that an element on account of compensation for early retirement and liability to be recalled to service should be specifically provided when determining the pensionary benefits. In the case of death or disablement, the Services have proposed that compensation should be graded depending on the type of casualty ad degree of disablement. They have also proposed that pensioners should be protected against future inflationary trends.     

4.      By and large, the principles followed by the AFPRC continue to be valid. Our examination shows that it would not be proper to adopt the civil pension rules in the case of Service personnel because it would fail to take into account the peculiar hierarchical structure of the Services and the operational requirement of ensuring that the vast majority of the personnel in the armed forces be young and in sufficient good condition to cope with the rigours of Service life. We think that the grant of pension should be regulated as to enable Servicemen to earn full pensions at a relatively younger age compared to civilians. Further, the length of service beyond a point should not be allowed to influence pension rates, as that would induce these personnel to stay on in service in order to earn higher pensions even after they have ceased to be useful. We accept the need for providing an element of compensation in the pension rates for early retirement in the Service interest and we feel that this should be done in as explicit a manner possible. In formulating our recommendations with regard to the non-effective benefits, we have not considered it necessary to suggest changes in such matters as the age of retirement, the period of tenure prescribed for senior ranks, the periods of qualifying service for pension, and certain other conditions attaching to the grant of these benefits.

6…………………… The standard rates of pension for officers of the three Services in force from time to time are given in the table below: - 

TABLE IV
(in rupees)
Rank
Between
1-6-53 and
16-4-56
Between
17-4-56 and 30-9-61
From 1-10-61
Post DCR Gratuity pension after 10-9-70
(1)
(2)
(3)
(4)
(5)
2nd Lt/Lieut
275
275
300
272
Captain
350
350
425
377
Major
475
475
550
482
Lt Colonel
625
625
675
587
Colonel
675
675
750
638
Brigadier
725
800
825
696
Maj General
800
875
875
735
Lt General
900
900
900 (975 from 12.10.1970)
819
General
1000
1000
1000
840

The amounts in columns (4) and (5) of the above table are current rates of pension; rates in column (4) pertain to the amount of pension admissible where no DCR Gratuity is payable and those in column (5) to pension admissible in conjunction with DCR Gratuity.

7.       Although the Services favour the continuance of the existing standard rate system, they have pointed out that the pension earned by a Service officer is related to the minimum prescribed for the rank and is not increased if the actual period of qualifying service rendered by him is more. They have also proposed that the rate of earning pension after the provision of the DCR Gratuity in the case of Service officers should be higher than that prescribed for the civilians. The Services have criticised the manner in which the compensatory element for early retirement has been provided in Service pensions and have pointed out that this element fixed in 1953 has not undergone any change despite subsequent revisions in pay scales and pensions.
Personnel Below Officer Rank

38.    The AFPRC had broadly followed the civil pension rules in making recommendations on pensions for personnel below officer rank, without providing any compensatory element in pensions for early termination of career. However, they allowed the full benefit of the civil pension formula to only those Servicemen who were able to complete 25 years or more of colour service. Thus, while they suggested the minimum period of 15 years colour service for earning pensions, the minimum pension was calculated on the basis of 13/60 of emoluments and not 15/60. This depression was removed on the recommendations of the Kamath Committee in 1968. Since then, the only change that has taken place is the provision, in September 1970, of the DCR Gratuity on the civilian pattern for the personnel below officer rank also. After the provision of DCR Gratuity, the pension rates have been reduced by 11% to partially offset the cost of providing the DCR Gratuity.


43.    After detailed consideration, we have reached the conclusion that the right course would be to adopt the same approach for determining the pensions of personnel below officer rank as we have commended in relation to Service officers, viz., adding a weightage of 5 years to the prescribed length of qualifying service, subject to the total length of service reckonable for pension not exceeding 33 years, and applying the formula of 1/80 of emoluments as on the civil side for calculating the pension amount in conjunction with DCR Gratuity. We also proposed that the maximum of the pay scale prescribed for various ranks should be taken into account for calculating the pension of the rank. The addition of 5 years in cases where the period of qualifying service prescribed for earning pension of the rank is less than 20 years is a substantial benefit, which, we feel, provides adequate compensation for the liability to recall and the problems occasioned by early release from the Services, such as the transition from military to civil life, and the attendant uncertainty about securing suitable civil employment. We would again emphasise that the Government’s efforts should be viewed as a whole, and the adequacy of the 5 years weightage should be judged in the light of the package of other measures for the resettlement of released personnel from the Armed Forces.      

Finally, any one interested in the pdf version of the Volume III of the 3rd CPC Report is welcome to either go to Digital Library of India or, take a short cut and email me for it.