NEW DELHI: With prime ministers Narendra Modi and Nawaz Sharif deciding in Paris last month to take the Indo-Pak dialogue process forward, talks between the national security advisers will now run parallel to the comprehensive bilateral dialogue between the neighbouring countries.

The two mechanisms will also be linked to the progress made by Islamabad on its commitment to cooperate in the fight against terrorism and expedite the 26/11 trial, official said. The twin-track process may come up for bilateral review by the two PMs on the sidelines of the SAARC regional summit in Islamabad next year.

After a green signal from the PMs, a successful meeting in Bangkok between NSA Ajit Doval and his Pakistani counterpart, Lt Gen Nasir Khan Janjua, prepared the ground for talks between the foreign ministers and the revival of the comprehensive dialogue in a sign of thawing ties. Sources said first Doval and then external affairs minister Sushma Swaraj made it amply clear that Islamabad would have to move fast to conclude the 26/11 trial as public perception in India about the neighbouring nation was coloured by the Mumbai attacks, which bore the imprints of both Pakistan’s state machinery and the LeT terror group. When the two NSAs met in Bangkok, Doval apparently asked Janjua to produce proof of Indian agencies working against Pakistan or even indicate if any Indian had been incarcerated for terror crimes in that country.

Doval explained India’s concerns at length, citing examples of various terrorists and “a Karachibased mafia don” who were supported by the Pakistani establishment. Islamabad should not live in denial about Pakistan-sponsored terrorism in India as no less than 70 of its nationals are in Indian jails on terror charges and another 3,000 have been killed, he said.

Sources said Janjua heard “with positivity” Indian suggestions that evidence collected by Mumbai police should be made admissible in the 26/11 trial in Islamabad as both countries agree that the attack and conspiracy were hatched in Pakistan. It was also suggested that Pakistan should take action against the four terrorists sitting in the 26/11 control room, whose voices have been identified based on Indian communication intercepts. No dossiers were exchanged between the NSAs as the two sides decided to hammer out all key issues.

Though Indian opposition parties have criticised the Narendra Modi government for allowing the “Kashmir” word to enter the NSA-level dialogue, importantly, the ground situation on terrorism, cross-border firing and the Kashmiri separatist Hurriyat group’s past links with terrorist organisations were discussed at the meeting. While India allowed the reference to Kashmir, NSA Janjua indicated that Pak army action would not remain confined to terrorists operating on the Durand Line separating his country with Afghanistan but would also focus on its eastern borders with India.

India and Pakistan have agreed to hold a comprehensive bilateral dialogue on outstanding issues, including terrorism and Kashmir
KEY POINTS

THE WORD ‘comprehensive’ replaces ‘composite’ in the structured dialogue between the two sides. The comprehensive dialogue will have the eight baskets of issues that were part of the earlier composite dialogue, and two additional components. Two new components are humanitarian issues and religious tourism. Already on the table were peace and security, confidence-building measures, Jammu and Kashmir, Siachen, Sir Creek, Wullar barrage/Tulbul navigation project, economic and commercial cooperation, counter-terrorism, narcotics control and people-to-people contacts.

HT FILEThe comprehensive dialogue will have eight baskets of issues that were part of the earlier composite dialogue.

FOR THE first time, the two national security advisers will play a key role in talks. The joint statement said Swaraj and Aziz had noted the successful talks on terrorism and security-related issues by the NSAs in Bangkok and decided that the “NSAs will continue to address all issues connected to terrorism”. Under the composite dialogue format, terrorism was handled by the foreign secretaries.

PAKISTAN HAS assured India of the steps being taken to expedite the early conclusion of the Mumbai attack trial. THERE IS no green signal yet to cricketing ties between the two nations. Pakistan Cricket Board chief Shahryar Khan was quoted in the local media as saying that India “did not respond positively” to proposals for a bilateral cricket series.

Tribune News Service

Dehradun, December 10

The police have made elaborate security arrangements for the passing-out parade at the Indian Military Academy (IMA) here on December 12.Vehicles with IMA security passes will only be allowed to go beyond Ballupur, Vasant Vihar and the Panditwari crossing. A verification drive is being carried out in villages, hotels and markets nearby the IMA.Barricades have been placed at Vasant Vihar, Chakrata Road, Premnagar and Ballupur to streamline traffic. Police officials said vehicles entering Dehradun from Paonta Sahib and Asharodi, Mussoorie and Doiwala were being checked. Additional police force had been deployed near the IMA to ensure foolproof security.SSP Sadanand Datte said quick response teams had been deployed on Chakrata Road to prevent any untoward incident. SHOs had been instructed to inspect hotels and inns in the city. The SSP added three traffic sub-inspectors and 12 traffic constables would be on duty near the IMA on December 12.Meanwhile, the IMA administration has beefed up security at the academy. Civilians will not be allowed to enter the academy on December 12. Guests with security passes issued by the academy will only be allowed entry to witness the passing-out parade.IMA cadets urged to lead by exampleMaj Gen YS Mahiwal, Officiating Commandant, Indian Military Academy (IMA) said growth was the essence of life. He urged gentlemen cadets to grow, empower themselves and ensure victory in all spheres of life.He was addressing 519 gentleman cadets and 50 foreign gentleman cadets, from six friendly foreign countries, at the Commandant Parade held on IMA campus here today. Mahiwal complimented the cadets for their crisp movements and impressive parade, which indicated a high level of motivation, pride and cohesion achieved during the rigorous training at IMA. He emphasised the need to promote and strengthen soldiering and advised the cadets to lead with personal example and empathy. It was the duty of every soldier to remain updated on the latest warfare techniques. Soldiers should always remain physically and mentally fit throughout their life, he said.

Defence preparatory institute honours 22 achiever students

 

Please see trailing reports by Committee of Secretaries constituted under Cabinet Secretary in 2009 & 2012. These are now in Public Domain through RTI; thanks to the efforts of Air Marshal SY Savur. Some observations:
There has been a constant endeavor to improve scales of OR & JCOs; so much so that the latter are already on OROP – a statement that i have been making over the last several months.
All along there have been consultations with Government recognized ESM Organisations (IESL, Air Force Association & DIWAVE) and their inputs considered.
There has been no support for OROP – in fact all reasons including legal have been given for its non-implementation. To that extent we have come a long way
Even The Supreme Court (in judgment dated 29.1.1991) took the view that the petitioners’ claim that all pre-1.4.1979 retirees of the Armed Forces are entitled to the same amount of pension as available to post 1.4.79 retirees was clearly untenable and did not flow from the Nakara decision – so much for those who talk of going to Supreme Court on OROP; we have no case unless final letter/tables are out and there are anomalies/ creation of a class within a class
Brig Vijay Raheja
09810631945

Report of the Committee
On
One Rank One Pension & Related Issues

30th June 2009

[Received on 03 Dec 2015 vide MoD letter No. 237/RTI/D (P/P)/2014 dated 30 Nov 2015 alongwith Cabinet Secretary Committee (CSC) report 2012.

Please note: Hereafter any bold print is from the Report]

1.1. On a reference from the Raksha Mantri regarding the issue of ‘One Rank One Pension,’ the Prime Minister had directed that the proposal of Raksha Mantri on ‘One Rank One Pension’ be examined by a Committee headed by the Cabinet Secretary with Defence Secretary, Home Secretary, Secretary DOPT, Secretary (Expenditure) and Secretary (Ex-Servicemens Welfare) as Members. Secretary, Doo Pensions & PW was co-opted as a Member of the Committee. The Committee held 5 meetings to consider the matter.

1.2. In this context, the President, in her address in Parliament on June 4, 2009 also announced that the Committee headed by the Cabinet Secretary to look into the issue of ‘One Rank One Pension’ has already commenced work and expects to complete it by the end of June, 2009.

The issue of ‘One Rank One Pension’

2.1. Ex-Servicemen Associations have been demanding the grant of ‘One Rank One Pension’ for many years. ‘One Rank One Pension’ implies that uniform pension be paid to the Armed Forces personnel retiring in the same rank with the same length of service irrespective of their date of retirement and any future enhancement in the rates of pension be automatically passed onto to past pensioners.

2.2. The demand for grant of ‘One Rank One Pension’ has been considered by the Government a number of times in the past. The Estimates Committee (1980-81) on resettlement of ex-servicemen noted that disparity in pension between past and present pensioners of Equal rank was inequitable and recommended that the matter should be examined and a just solution found to end this disparity. Thereafter, this issue was raised in 1984 by the High Level Empowered Committee on the problems of ex-servicemen headed by Shri K P Singh Deo, the then Minister of State for Defence. This Committee recommended that the Fourth CPC may consider the issue particularly in the light of the principle established regarding pensions of Judges of the Supreme Court and High Court.

2.3. The Fourth Pay Commission considered the issue and stated that the amount of pension undergoes changes as and when pay scales are revised and any attempt to equalise pension with reference to the revised scales of pay would amount to retrospective application of pay scales.

2.4. Subsequently, a High Level Empowered Committee chaired by the then Defence Minister, Shri Sharad Pawar, was formed in 1991 to consider the matter. This Committee did not recommend grant of ‘One Rank One Pension.’ However, this Committee observed that the terms and conditions of service of Armed Forces were distinct and as such, a special dispensation for them was required. Based on this, grant of a One Time Increase (OTI) was recommended and granted on the following lines:

(a) Sepoy Pensioners

(i) Grant of benefit of 18 years service to all retiring on or after 1.1.1986.

(ii) Pre and Post 1.1.1973 retirees brought at par and stepped up by neutralising 95% differential between post 1.1.86 and post 1.1.73 rates of pension.

(b) NCOs/JCOs/Honorary Commissioned Officers – Pension of post 1.1.1986 retirees reduced in a graded manner by R 10/- pm for 15 years of service and by additional Rs 2/- p.m. for additional years of service up to 24 years of service. The difference between existing pension and revised pension so arrived at was rounded off to the lower multiple of Rs 5/- and granted as OTI.

(c) Officers

(i) Pre 1.1.1973 pension stepped up to post 1.1.1973 level.

Officers below Colonel

(ii) Pension further raised by giving benefit of 33 years as the system of weightage was only started from 1.1.1973. The revised consolidated pension (RCP) was thereafter determined with reference to improved original pension and difference between this RCP and existing pension granted as One Time Increase.

2.5. The Fifth Pay Commission, on the matter of grant of full parity in pensions of Defence personnel, stated that while they agreed that the gap between past and future pensioners should be narrowed down, it was pertinent to note that every Pay Commission gives certain benefits in pay which are over and above the impact of inflation. The additional benefit is given either due to upgradation of recruitment qualifications or change in job content etc. The benefit accrued on this account need not necessarily be passed on to pensioners. Keeping these factors in view and taking a cue from the Sharad Pawar Committee, the Fifth CPC made the following recommendations for Armed Forces personnel:

(i) In the case of Commissioned Officers, total parity may be brought between pre- 1.1.1986 and post 1.1.1986 retirees by notional fixation of pay in the post 1.1.1986 scales and the notional revised pension be worked out on the basis of this pay. Thereafter, for all pre-1.1.1996 retirees the fitment formula suggested for past civilian pensioners i.e. Basic Pension + Dearness Relief + Interim Relief 1 (Rs 50) + Interim Relief 2 (10% of Basic Pension) + 20% (revised by Government to 40%) of Basic Pension, may be applied. If the resultant figure falls short of the minimum pension applicable to the post 1.1.96 retirees for the rank held, it may be stepped up to the minimum pension prescribed for the rank.

(ii) In the case of PBORs, the need for notional fixation of pay does not exist in view of the existence of pension tables. Therefore, for PBOR all pre-1.1.1986 pensioners may be brought on pensioners may be brought onto the post 1.1.1986 levels by bridging the present gap in the pension tables and the same fitment formula on pension as for officers may be applied. If the resultant figure falls short of the minimum pension for the rank and group for post-1.1.1996 retiree, it may be upgraded to that level.

2.6. After the Fifth Pay Commission, an Inter-Ministerial Committee was set up in 2003 by the Department of Pension & Pensioners’ Welfare to consider the demand of ‘One Rank One Pension.’ The Committee in its report submitted on 24.9.2004 did not favour grant of ‘One Rank One Pension’ but recommended grant of modified parity based on the maximum of the revised scale of pay introduced with effect from 1.1.1996 for PBOR.

2.7. Ministry of Finance did not agree with the proposal of the Ministry of Defence for implementation of the recommendations of the Committee. They observed that any departure from the principle laid down by the 5th CPC regarding modified parity, would be introduction (through a side door), of the one rank one pension system and the same should not be further modified to redress presumed injustice. The position was brought to the notice of (the) Prime Minister who directed that a Group of Ministers be constituted to consider the demand of one rank one pension.

2.8. Accordingly, a Group of Ministers (GOM) was constituted by the Government in January 2005 to look into the issue. After detailed deliberations on various aspects, the GOM felt that One Rank One Pension cannot be agreed to. However, there was justification for improving the pensionary benefits of the Personnel Below Officer Rank (PBOR), particularly the three lowest ranks.

2.9. Finally, the GOM unanimously recommended that the pension of pre-1.1.1996 PBOR retirees may be revised with reference to maximum of post 1.1.1996 pay scales. In addition, the weightage of Sepoy, Naik and Havildar rank for past as well as future retirees be increased to 10, 8 and 6 years respectively subject to a maximum of qualifying service of 30 years. The benefit was given only for service pension. The benefit of the above recommendation took effect from 1.1.2006.

2.10. The Sixth Pay Commission, on the issue of ‘One Rank One Pension’ for Defence personnel, stated as under: –

“One Rank One Pension has been demanded for all ex-servicemen. The Fifth CPC had already granted full parity between pre and post 1/1/1986 pensioners and modified parity between pre and post 1/1/1996 pensioners. Identical dispensation was given to the civilian employees as well as Defence Forces personnel. No change is proposed in the existing dispensation either in case of civilians or Defence Forces. Hence, extant provisions may continue.”

2.11. In the context of One Rank One Pension, it is also relevant to mention that a petition was filed by (Indian) Ex-Services League (1991 1 SCR 158) as a sequel to the decision of (the) Supreme Court in D. S. Nakara & Ors Vs Union of India. The relief claimed by petitioners, in substance, was to the effect that the result of the decision in Nakara is that all retirees who held the same rank irrespective of their date of retirement must get the same amount of pension and this should be the amount which was calculated and shown in the appendices to the Memorandum challenged in the Nakara judgment.

The Supreme Court (in judgement dated 29.1.1991) took the view that the petitioners’ claim that all pre-1.4.1979 retirees of the Armed Forces are entitled to the same amount of pension as available to post 1.4.79 retirees was clearly untenable and did not flow from the Nakara decision.

2.12. The issue of ‘One Rank One Pension’ was also referred to the Ministry of law & Justice by Ministry of Defence to advise the Group of Ministers in 2005. The Ministry of Law opined that “the issue has come up for consideration before the Supreme Court in a number of cases wherein the ex-servicemen has not been found to be entitled to one rank one pension under the existing legal regime. This is equally true to the pensions for civil side as well. The cases of K L Rathee Vs UoI 1997 (3) SLR 207 and Indian Ex-Services league and others Vs UoI 1991 1 SCR 158 may be referred to. The issue involves serious implications that need to be duly examined. The pensioners constitute a class and the Supreme Court has said that there cannot be mini-classification in the category. Nonetheless, it must be noted that (the) group is not a homogenous one. The pensioners as a group consist of persons with different number of years service and different average pay during the relevant period. If all of them have to be treated alike by providing same pension while ignoring their respective variations in length in service and average pay, that may amount to treating unequals as equals. This my entail discrimination offending the principles of equality before law as enshrined in our Constitution. Thus, even in case of one rank one pension, there would be large number of persons likely to be affected adversely. The present system has stood the test of judicial scrutiny. The same cannot be said for one rank one pension and the legal feasibility of the same stands open to be adjudicated.”

2.13. On a subsequent reference made in 2008, Ministry of Law advised again that the same pension for same rank was not an acceptable proposition and that no new facts had been brought on record which may necessitate review of their earlier opinion.

2.14. It is also pertinent to mention that in a D. O. reference from the Raksha Mantri to the Finance Minister dated 13th March 2009, the proposal made in relation to One Rank One Pension was as under: –

“While acceptance of the demand for grant of ‘One Rank One Pension’ is not feasible administratively, a strong case definitely exists for bringing the quantum of pension or pre-1.1.1996/10.10.1997 pensioners at par with post 1.1.1996/10.10.1997 and pre 1.1.1996 pensioners as the gap between the pension of the past and the present retirees has widened after implementation of the recommendations of the Sixth CPC. Financially, this would be feasible as it is broadly estimated to entail additional financial burden only to the extent of around Rs 500 crore per annum and would be much less than the estimated financial liability for grant of ‘One Rank One Pension.’ The Ex-Servicemen have also raised certain anomalies in the implementation of the Sixth CPC award which has adversely affected them.”

2.15. Apart from the above factors, grant of ‘One Rank One Pension’ cannot be implemented for ex-servicemen alone and a demand for similar dispensation for civilian pensioners would also arise. The dispensation would then have to be extended to pensioners in autonomous bodies, Central and State Universities and Colleges and in all other institutions where the pension scheme is applicable. The financial implications for such a dispensation would then be substantial.

3. In view of the factors mentioned above, it is not considered feasible to grant ‘One Rank One Pension’ for the following reasons: –

(i) Various Committees have considered the matter in the past and not found enough justification for grant of ‘One Rank One Pension.’

(ii) Successive Pay Commissions have addressed the issue of ‘One Rank One Pension’ in the past and have not recommended it. Pay Commissions are expert bodies which look at pay and pension related issues in a holistic manner keeping all considerations in view.

(iii) Acceptance of the principle of ‘One Rank One Pension’ has substantial financial implications estimated at Rs 8000-9000 crore per annum.

(iv) Revision of pay scales at times is accompanied with revision of educational qualifications/restructuring of cadres/duties attached to the post etc the benefit of which need not be passed on to past pensioners.

(v) The Supreme Court on the issue of grant of ‘One Rank One Pension’ has ruled in the matter of Indian Ex-Services League Vs UOI AIR 1991 SC 1182 examined the issue of ‘One Rank One Pension’ and held that the claim for ‘One Rank One Pension’ is not tenable. The apex court in the decision of K L Rathee Vs UOI 1997 (3) AISLJ 207 held that the claim for same pension for same rank cannot be accepted.

(vi) Ministry of Law, which was consulted, has also opined that the same pension for same rank is not an acceptable proposition.

(vii) The matter was also considered by a Group of Ministers in 2005-06 and this Group did not recommend grant of ‘One Rank One Pension,’ although certain improvements in the scheme of modified parity were recommended and accepted by the Government.

Issues pertaining to Personnel Below Officer Rank (PBOR)

4.1. Although the Ministry of Defence did not recommend grant of ‘One Rank One Pension’ to the PBORs, certain improvements in the pension structure of PBORs were suggested to the Committee. It was brought out by MoD that at present there are 4 classes of PBOR pensioners: –

(i) Those who retired prior to 10.10.1997: – For those who retired prior to 10.10.1997, pension is being computed with reference to the maximum of emoluments arrived at in the scale of pay applicable after 1.1.1996. This pension is with reference to 5 trade groups of PBORs namely, A to E (pre 1.1.1996) and 4 trade groups post 1.1.1996/

(ii) Those who retired between 10.10.1997 and 31.12.2005: – With effect from 10.10.97, the trade groups were rationalised and PBORs in service distributed into 3 trade groups X, Y and Z. Pay scales of PBORs were also improved at this stage. Therefore, for post 10.10.1997 PBORs retirees, pension was computed with reference to maximum of the pay scale for X, Y, and Z groups introduced w.e.f 10.10.1997. This pension was higher than pension granted to pre-10.10.1997 retirees.

(iii) & (iv) Those who retired between 1.1.2006 and 31.8.2008 and Those who retired on or after 1.9.2008: – There is a distinction between the pensions of the PBORs who retired between 1.1.2006 and 31.8.2008 and those who retired on or after 1.9.2008 on account of the treatment of Classification allowance for grant of pension. Classification allowance, which is also an element of reckonable emoluments has not been revised w.e.f 1.1.2006 but w.e.f 1.9.2008 and pre-revised rates of this allowance are admissible till 31.8.2008. Accordingly, pension admissible to those retired between 1.1.2006 and 31.8.2008 is less than pension admissible to post 1.9.2008 retirees.

Pension of PBORs who retired prior to 10.10.1997

4.2. In order to achieve to some extent the objective of One Rank One Pension, MoD has proposed that the higher pension applicable to post 10.10.1997 PBOR pensioners may also be granted to the pre-10.10.1997 pensioners. The financial implications of this proposal have been estimated at Rs 470.688 crore per annum by MoD.

4.3. The Committee considered the proposal and concluded that if the proposal of the Ministry of Defence is accepted, it would, to some extent, take care of grievance of ex-servicemen and would also place all pre-1.1.2006 pensioners in the same class. Further, the financial implications of the proposal are manageable and the scheme does not have repercussions on civilian employees. The Committee, therefore, recommends that this proposal of MoD be accepted.

Pension of PBORs who retired after 1.1.2006

4.4. Classification allowance was granted to PBORs in the Army on attaining certain trade related qualifications in each group. Prior to 6th CPC, 50% of the Classification Allowance was reckoned for pension. The 6th Pay Commission double the rates of Classification Allowance and also extended it to the Navy & Air Force. The Pay Commission also recommended that the entire Classification Allowance may be reckoned for calculation of pension. The revised rates were made applicable w.e.f 1.9.2008 (date from which all other allowances were revised). Consequently, pension admissible to those retiring between 1.1.2006 and 31.8.2008 is less than the pension of post 1.9.2008 retiree PBORs. The financial implications on this account have been estimated at Rs 7.73 crore per annum.

4.5. Since it does not seem to have been the intention of the Pay Commission to create two classes of PBOR pensioners after 1.1.2006, the Committee recommends that the proposal of MoD regarding reckoning of the revised rate of classification allowance from 1.1.2006 could be agreed to. As in the case of Military Service Pay, the revised rate of classification allowance will be reckoned notionally w.e.f 1.1.06 for calculation of pension.

Further Improvements in Pension of pre-1.1.2006 PBORs

5.1. While the above two proposals would meet to some extent the demands of ex-servicemen, the Committee felt that the major issue of bridging the gap between past and current pensioners was not being addressed adequately by these two recommendations. The Committee also interacted with various Ex-Servicemen Associations, namely Indian Ex-Services League, the Air Force Association and the Disabled War Veterans (India) to seek their views in the matter. During the course of this interaction, the Associations gave the following major options in regard to One Rank One Pension: –

Option 1: Calculation of the pension of pre-1.1.2006 retirees by reckoning the highest of the pay in the pay band for each rank and thereafter application of weightage to this figure.

Option 2: Calculation of pension pre-1.1.2006 retirees by taking the mid-point between the minimum fitment of each rank in the revised pay band and maximum of the pay band and thereafter applying the weightage.

Option 3: Calculation of pension of pre-1.1.2006 retirees with reference to notional maximum in the post 1.1.2006 pay scales. Thereafter, the weightage may be applied.

The options 1 & 2 suggested above are not feasible as even the pension of post 1.1.2006 retirees is not calculated on this basis. However option 3 is similar to the benefit granted in 2006 based on the recommendations of the Group of Ministers.

The Committee also looked at various other options to further improve the pension of PBORs. After detailed examination, the Committee felt that the best method to improve the pension of pre-1.1.2006 pensioners was by using the suggestion mentioned at option 3 above i.e. to follow the principle of the GOM award of 2006. This GOM had granted the following: –

(a) Calculation of pension or pre-1.1.1996 retirees with reference to maximum of post 1.1.1996 pay scales,

(b) Increase in weightage for Sepoy, Naik a Havildar ranks for past and future retirees from 5 years to 10, 8 and 6 years respectively.

5.2. The Committee recommends that the Award of GOM of 2006 may be continued in the following manner: –

(a) To reckon the pension of all pre1.1.2006 PBOR pensioners with reference to notional maximum in the post 1.1.2006 revised pay structure corresponding to the maximum of pre-Sixth Pay Commission pay scales as per fitment table of each rank.

(b) Also to continue with the enhanced weightages awarded by the GOM.

5.3. Annual financial implications on account of this improvement will come to Rs 1636 crore.

5.4. The above dispensation will result in the improvement of pensions of all pre-1.1.2006 PBOR pensioners, as their pension will be reckoned with reference to the notional maximum of the post 1.1.2006 pay scales of each rank as per fitment tables. This benefit has been confined to PBOR pensioners due to the following reasons: –

(i) The GOM Award of 2006 has covered only PBOR pensioners.

(ii) PBORs have generally been treated like a separate class and their pension has been calculated with reference to the maximum of the pay scale. The pension formula for Commissioned Officers is the same as that applicable to civilian employees and any dispensation for Commissioned Officers will generate demands from civilian employees.

(iii) In view of the fact that Lt Colonels and above have been placed in Pay Band – 4, the pension of pre 1.1.2006 Commissioned Officers has already been enhanced substantially. This issue has been discussed in detail in this Report in the portion related to Commissioned Officers.

(iv) Even in the case of post 1.1.2006 PBOR retirees, the Ministry of Defence has been advised by the Finance Ministry to allow them an option of drawing either 50% of the pay last drawn [i.e pay in the pay band + grade pay + X group pay, where applicable, + MSP + classification allowance] as pension or to draw pension based on the post 1.1.2006 pay structure as per fitment table of each rank corresponding to the maximum of Fifth CPC pay scales applying weightage thereafter.

Issues pertaining to Commissioned Officers

6.1. As already brought out, civilian employees are granted pension @ 50% of their last pay drawn/last 10 months average emoluments, whichever is beneficial. Till the Sixth CPC, pension of a civilian employee was reckoned on the basis of the average of his emoluments for the ten months immediately preceding his retirement. The same formula was applied in the case of Defence Forces officers as well (sic). After Sixth CPC, either the pay last drawn or 10 months average, whichever is beneficial is applied in both cases. In the case of Commissioned Officers, however, MSP is taken into account for determination of pension.

Pension of Commissioned Officers who have retired after 1.1.2006

6.2. MoD has brought out that an additional category of Commissioned Officers has got created as the linkage of 33 years of qualifying service to earn full pension has been done away with only in respect of post 1.9.08 retirees. Consequently, the pensioners who retired between 1.1.2006 and 31.8.08 are drawing less pension as compared to post 1.9.08 retirees. MoD has proposed that the concept of removal of linkage of 33 years of qualifying service to earn full pension may be uniformly made applicable w.e.f 1.1.06 itself so that disparity in pension between these two categories is removed.

6.3. It may be brought out here that the Sixth Pay Commission in para 6.5.3 had specifically recommended that this provision will take effect only prospectively for all government employees other than PBORs in Defence Forces from the date it is accepted by the Government. It is for this reason that delinking of full pension from 33 years of qualifying service for Commissioned Officers has been done w.e.f 1.9.2008. A similar provision has also been applied in the case of civilian employees. However, the MoD has calculated the implications on this account as Rs 4.83 crore per annum. The implication on the civilian employees are not likely to be significant as very few civilian employees opt for voluntary retirement before completing 28 years of service.

6.4. The Committee recommends that the MoD’s proposal may be agreed to. This will also have to be applied to civilians since the formula for pension for Commissioned Officers and civilians is the same.

6.5. Financial implications for implementing this proposal are Rs 4.83 crore per annum approximately.

Pension of Commissioned Officers who retired prior to 1.1.2006

6.6. The formula for calculation of pension of Commissioned Officers and for civilian employees is the same. Based on Sixth CPC’s recommendations modified parity has been granted to pre-1.1.2006 civilians/Commissioned Officers by first consolidating the pension as on 1.1.2006 by adding a fitment benefit of 40% of basic pension. If the consolidated figure is less than 50% of the minimum of the pay band + grade pay, the pension is to be stepped up to this amount. In the case of Commissioned Officers, this stepping up is done with reference to 50% of minimum of pay band + grade pay + MSP of Rs 6000. Also, the Government has approved reckoning of MSP for calculating pensions of retired Lt Generals and Major Generals, which enhanced their pensions by Rs 3000 in each case.

6.7. While processing the Report of Sixth CPC, the Committee of Secretaries had separate interactions with senior officers of the three Defence Forces and the three Services Chiefs. Improvement in the pay scale (and consequently the pension) of officers who retired particularly in the rank of Brigadier and Colonel as well as Major General and Lt General was demanded by the three Services after the implementation of the Sixth CPC. Modifying the recommendations of the Pay Commission, the Government placed serving Brigadiers and Colonels in PB-4 and enhanced their grade pay. As a result, the pension of pre 1.1.2006 Commissioned Officers who retired as Brigadiers and Colonels also improved substantially. Subsequently, Lt Colonels were also placed in PB4 and granted enhanced Grade Pay of Rs 8000. This also resulted in increased pension to pre 1.1.2006 retired Lt Colonels as per the modified parity given by 6th CPC from Rs 14, 100 to Rs 25, 700.

6.8. After the implementation of Sixth CPC’s recommendations, the pension of pre 1.1.2006 Brigadiers, Colonels and Lt Colonels have greatly improved and in percentage terms there is very little difference between the pension of pre 1.1.2006 pensioners based on modified parity granted by the Pay Commission and that with reference to minimum of fitment tables. This difference is around 2% at the level of Lt Colonel, 6% at the level of Colonel, 11% at the level of Brigadier, 13% at the level of Major General. Only at the level of Lieutenant Generals is there a substantial difference of about 26%. As a result of modified parity granted by Sixth CPC, the minimum pension assured to retired Lt Generals is Rs 27, 700 (37400+12000+6000/2).

6.9. In order to improve the pension of retired Lt Generals, it is proposed that a separate pay scale may be carved out for officers of the level of Lt Generals. The same will have to be extended to Additional Secretaries/Chief Commissioners (Income Tax & Customs)/Additional DGs of Police/equivalent civilian officers, since both have always had the same pay scale. In the case of HAG+ scale also, while the Sixth CPC had recommended their placement in PB-4 with grade pay of Rs 13000, the Government carved out a separate scale of Rs 75000-80000. The proposed pay scale may start at Rs 67000 and as at present end at Rs 79000. This will enable pre 1.1.06 Lt Generals a pension of Rs 38500 and equivalent civilians a pension of Rs 33500. This solution would take care of their grievances relating to both pay and pension.

6.10. Financial implications for implementing this proposal are Rs 25 crore per annum.

Disability Pension

7.1. As already mentioned, the Committee met representatives of some Ex-Servicemen’s Associations. The following demands were raised in regard to disability pension during discussions held with these Associations: –

1. Broad-banding of percentage of disability/war injury pension for pre 1.1.1996 pensioners.

2. Removal of cap on war injury element of pension.

3. Grant of service element based on full service to war disabled.

4. Grant of disability pension to pre 1.1.06 pensioners on percentage basis instead of slab basis.

7.2. The Committee considered the four issues and its views on them ad seratim are as under: –

1. Prior to 5th CPC, Disability pension was granted on actual percentage of disability. As per 5th CPC recommendations, disability percentage was broad-banded into three slabs for post 1.1.1996 cases only: –

S No. Percentage of disability Rounded off to
(a) Less than 50% 50%
(b) 50% and above but up to 75% 75%
(c) 76% to 100% 100%

The Committee is of the view that this broad-banding can be extended to pre 1.1.1996 cases also.

2. War disabled get service element of pension and a separate war injury element. Service element is calculated by counting service up to date of normal retirement in the rank. War injury element is equal to reckonable emoluments last drawn for 100% disablement. However, a stipulation has been made that the aggregate of service element and war injury element is being restricted to 50% of emoluments, therefore denying the full benefit of war injury element. This is applicable to all Category E disability pensioners which includes disability arising As a result of enemy action in international war, border skirmishes, accidental explosion of mines, extremist acts etc. The Committee recommends that this cap could be considered for removal recognising Category E as a separate class. The number of cases is not likely to be very large. This would also be applicable to similarly placed civilians including Central Para Military Forces (CPMFs).
3. Grant of service element based on full service is already an existing provision and requires no change.

4. Grant of disability pension on percentage basis is a new dispensation applicable only to those disabled after 1.1.06. This demand would need further examination in consultation with D/0 ESW so as to assess the financial and other implications.

SUMMARY OF RECOMMENDATIONS

8. To sum up, the following recommendations are made by the Committee: –

Personnel Below Officer Ranks

(i) The proposal of Ministry of defence to bring pre 10.10.1997 PBOR pensioners on par with post 10.10.1997 PBOR pensioners may be agreed to. Since this is a new concession aimed at improving the pension of PBORs, the benefit will be given prospectively and no arrears are to be given. The financial implications for the proposal would be Rs 470.66 crore per annum.

(ii) The proposal of the Ministry of Defence to reckon the enhanced rate of classification allowance w.e.f.1.1.2006 on notional basis for the purpose of calculation of pension (as in the case of reckoning MSP for determination of pension) may be agreed to. This recommendation would benefit around 88, 000 PBORs who retired between 1.1.2006 and 31.8.2008. The average increase in pension of these PBORs is estimated to be Rs 60 p.m. in Basic Pension. The financial implications for this proposal will be Rs 7.73 crore per annum. This proposal emanates from Sixth CPC’s recommendations and may be implemented w.e.f 1.1.2006. Accordingly, arrears will be paid.

(iii) In order to reduce the gap between the pensions of pre and post 1.1.2006 PBOR pensioners, its is proposed to follow the principle of the Award of GOM of 2006 in the following manner: –

(a) To reckon the pension of all pre 1.1.2006 PBOR pensioners with reference to a notional maximum in the post 1.1.2006 revised pay structure corresponding to the maximum of pre-Sixth Pay Commission pay scales as per fitment table of each rank.

(b) Also to continue with enhanced weightage awarded by the GOM.

This dispensation, which will be applicable to service pension as in the case of GOM award of 2006, will result in average monthly increase in pension of pre 1.1.2006 PBORs in the range of Rs 800 to Rs 1400 for Group Y depending on the rank and years of service. This will benefit approximately 12 lakh pre-1.1.2006 PBOR pensioners. The financial implications on account of this proposal would be Rs 1636 crore per annum. Since this is a new concession aimed at improving the pension of PBORs, the benefit will be given prospectively and no arrears are to be given.

Commissioned Officers

(iv) The proposal to remove the linkage of full pension with 33 years of qualifying service w.e.f 1.1.2006 instead of 1.9.2008 in the case of Commissioned Officers may be agreed to. A similar dispensation will have to be extended to civilians who have retired between 1.1.2006 and 31.8.2008. This recommendation would benefit around 1100 Officers (Army) whose pension would increase by about Rs 3000 p.m. In the case of civilians, this dispensation will benefit only those who have taken voluntary retirement after rendering 20 to 28 years of service. The number of such personnel is not likely to be significant. The financial implications for this proposal will be Rs 4.83 crore per annum. This proposal emanates from Sixth CPC’s recommendations and may be implemented w.e.f 1.1.2006. Accordingly, arrears will be paid.

(v) In order to address the issue of disparity in the pension of pre and post 1.1.2006 pensioners at the level of Lt General/equivalent/Additional Secretary & equivalent civilian categories, a separate pay scale starting at Rs 67000 and going up to Rs 79000 may be created and all officers of the level of Lt General/Additional Secretaries/equivalents may be fixed in this scale. As a result of this, the pension of pre 1.1.2006 Lt Generals will get fixed at Rs 36500 and those of Additional Secretaries at Rs 33500. This will benefit roughly 4000 officers. The financial implication for this proposal will be Rs 25 crore per annum. The proposal emanates from Sixth CPC’s recommendations and may be implemented w.e.f 1.1.2006. Accordingly, arrears will be paid.

All Defence Pensioners

(vi) It is proposed to agree to broad-banding of percentages of disability/war injury pension for pre-1.1.1996 disability/war injury pensioners. The financial implications of the proposal will be collated by Department of Expenditure from Department of Ex-Servicemen Welfare, Department of Pensions and Ministry of Home Affairs.

(vii) It is proposed to remove the cap on war injury element of pension in the case of disabled pensioners belonging to Category E. This will also be applicable to civilian personnel, including those belonging to Central Para Military Forces. The financial implications of the proposal will be collated by Department of Expenditure from Department of Ex-Servicemen Welfare, Department of Pensions and Ministry of Home Affairs.

9. The financial implications of the above proposals from (i) to (v) at a glance are as under: –

Sl No. Proposal Annual Implications
(crore)
(a) Inclusion of classification allowance for PBORs from 1.1.2006 7.73
(b) Removal of linkage of full pension with 33 years from 1.1.2006 4.83
(c) Revision of Lt General pension after carving out a separate pay scale for them 25
(d) Bringing parity between pension of pre and post 10.10.1997 PBOR pensnioers 470.66
(e) Further improving PBOR pensions based on award of GOM 2006 1636
Total 2144.22

Financial implication on account of arrears of (a), (b) and (c) = Rs 164.5 crore

Sd/——————– Sd/—————-
Neelam Nath Rahul Sarin
Secretary (Ex-Servicemen Welfare) Secretary, DOPT

Sd/——————— Sd/—————–
Rajni Razdan Sushama Nath
Secretary (Pension & PW) Secretary (Expenditure)

Sd/———————– Sd/—————–
Madhukar Gupta Vijay Singh
Home Secretary Defence Secretary

Sd/——————
K M Chandrasekhar
Cabinet Secretary

Brig RS Rawat and Lt Col B M Thapa With Raksha Mantri and Tarun Vijay MP on 30 Nov at DSOI Dehradun
discussing 7th CPC/OROP
ho had come for RIMC function.

Jammu, November 30
Even as Lt Gen Ashok Ambre has taken over the command of 9 Corps, popularly known as Rising Star Corps, he has a tough challenge of managing the second line of defence on the international border from Kathua to Akhnoor.
He also has to look into the security of the Jammu-Pathankot national highway, which has remained on the radar of terrorists for the past quite some time.
Lt Gen Ambre took over the reins of Rising Star Corps on Sunday as its General Officer Commanding (GOC) from Lt Gen Rajeev Tewari at its headquarters Yole, near Dharamsala, in Himachal Pradesh. — TNS

500 people attend Army medical camp in Tral

Srinagar, November 30
To win hearts and minds in one of the separatist strongholds of the Valley, the Army today organised a medical camp at a village in Tral of south Kashmir.
The Army said the camp was a part of its “unabated campaign” to bring medical facilities on the “doorsteps of awam”, a reference to the people.
The medical camp was organised at Tsralgund village of Tral, home to some of the most-wanted militants of the region and a separatist stronghold.
The Army said it provided free of cost medical consultation and medicines to locals. A team of Army and civil doctors, including specialists, from District Hospital, Pulwama, and Sub-District Hospital, Tral, attended the camp.
“Referrals were also made for the needy for further specialised treatment. Locals were also educated about various diseases, basic health hygiene, sanitation and drug abuse,” the Army said in a statement. — TNS

Ajay Banerjee
Tribune News Service
New Delhi, November 28
In an effort to strike a balance between tackling corruption in defence deals and having a method to deal with foreign companies who pay bribes, the Ministry of Defence (MoD) will address the contentious issue of ‘blacklisting’ companies in the forthcoming new Defence Procurement Procedure (DPP).
The MoD is all set to do away with ‘uniform blacklisting’ of foreign companies which were found guilty of offering bribes.
A new policy is being considered and ‘blacklisting’ a firm may not be good option as it just forecloses options for India.
The challenge is from corrupt elements on the one side and cutting down on the delays in equipping the forces with the best equipment, weapons and aircraft on the other.
Defence Minister Manohar Parrikar today told an annual conference of the industry body PHDCCI, “The blacklisting issue will be addressed in the DPP”.
He said he would welcome positive criticism of DPP “which will help us correct it”.
A committee headed by former Union Home Secretary Dhirendra Kumar, after talking suggestions, submitted a report on DPP and suggested that misdeeds of an entity or its employees should not be visited on the equipment or system.
In other words, it has been suggested that there is no need to block the supply of equipment in case some bribery charge emerges.
The MoD banned the Bofors artillery gun in the late 1980s. Since then, there has been no artillery gun purchase. Recently, the purchase of AgustaWestland helicopters was stopped midway. In both cases, suspected bribery charges emerged.
The question before the MoD is how to deal with foreign companies who — despite being the best in their class — offer bribes or are forced to offer bribe to bag contracts in India.
There would be no ‘blanket bans’. This will be in line with the decision the MoD took in August last year when it did not blacklist Finmeccanica, which owns AgustaWestland but offered a solution of graded punishment which ensured that no ongoing project would suffer.
The company was contracted to supply 12 AW 101 helicopters for VVIP travel in India which was mired in allegations of kickbacks. The deal was stopped midway.
Then, the MoD took a decision that the company would go ahead with all other contracts under execution; continue supply of spares and upgrades to India.
However, all contracts in which the company had been declared lowest bidder after competition shall be put on hold till further orders. The MoD said that in case of fresh tender or request for proposal, Finmeccanica would not be invited.

KANNUR: As the nation observes the seventh anniversary of Mumbai terror attacks, the Navy today said it has taken a “large number of measures” along with other agencies that operate in the maritime domain to deal with such threats from the sea route.

“As Navy, as maritime force, as lead agency which looks after all aspects of coastal, maritime security, we gear up ourselves for any kind of challenge or threat,” Chief of Naval Staff, Admiral R K Dhowan said.

He was talking to reporters after reviewing the Passing-out Parade of 330 cadets of the Indian Navy and the Indian Coast Guard and six cadets from friendly foreign countries at the Indian Naval Academy, Ezhimala, near here.

Navy, which has emerged as multi-dimensional network force, has taken “a large number of measures” along with all the other agencies that operate in the maritime domain to deal with such threats, Dhowan said, referring to the 26/11 attacks.

Seven years ago, 10 Pakistani terrorists had arrived in Mumbai by sea route and opened fire indiscriminately at people killing 166, including 18 security personnel, and injuring several others, besides damaging property worth crores.

The Navy chief also spelt out the steps taken by the Navy to strengthen the maritime-coastal security.

“Today we have 87 automatic identification system (AIS stations) all along our coast. We have 46 coastal radar stations,” he said.

“The Navy has set up National Command Control Communication and Intelligence Network with the Information Management Analysis Centre at Gurgaon, 51 nodes of the Navy and Coast Guard are integrated— all to provide a comprehensive maritime domain awareness … This is part of leveraging of technology,” he said on the steps taken by the Navy to prevent Mumbai model terror attack.

Besides, he said the Navy and Coast Guard have taken all steps to see that India’s 40 million strong fishermen community in nine coastal states is part of “our eyes and ears.”

“Because you can leverage technology. But you need to take everybody a part of the team and for that the Navy and the Coast Guard actually mapped every single coastal village of the West and East coast of India, spoken to the fishermen in their language, make them understand the importance of coastal security and how each one of them is an important member as eyes and ears of coastal service,” he said.

Noting that the registration of around 2.5 lakh fishing boats are in progress in nine coastal states and bio metric ID cards are being issued to fishermen, Dhowan said, “The aim is to have all these people, firstly all the agencies, then all our fishermen, anybody who operate in the sea as part of the security.”

“It is with these measures, we hope to have the seas around us safe and secure,” he said, responding to queries on steps taken to prevent Mumbai model terror attack.

Armed militants stormed an army camp in Indian-administered Kashmir Wednesday near the heavily militarised border that divides the disputed territory with Pakistan, police said.
Loud explosions were heard as the attackers entered the army camp throwing grenades and firing automatic weapons in Tangdhar, 140 kilometres northwest of the main city of Srinagar.
“Three to four suicide attackers entered an army unit headquarters,” superintendent of police, Aijaz Ahmed told AFP.
“In the ongoing exchange of fire one army man has been injured.”
Kashmir has been divided between India and Pakistan since the end of British colonial rule in 1947.
Both claim the Himalayan territory in its entirety and have fought three wars over its control.
Several rebel groups have for decades been fighting Indian forces deployed in the region, seeking independence or a merger of the territory with Pakistan.
The fighting has left tens of thousands dead, mostly civilians.
India often accuses Pakistan of arming, training and sending rebels across the border into Indian-administered Kashmir.
Islamabad denies the charge, saying it provides only political support for their struggle.

Putrajaya, November 23

Vowing to combat terror, India and Malaysia today decided to ramp up their strategic ties in security and defence sectors and called on all states to bring perpetrators of terrorism to justice as Prime Minister Narendra Modi held talks with his Malaysian counterpart.
Modi, while speaking at a joint media briefing after his talks with Malaysian Premier Najib Razak, said the recent spate of attacks in different countries, “not to mention the ceaseless terrorist attempts against India and Afghanistan are a reminder of the global nature of this threat.” Modi also complimented Najib for providing leadership in combating extremism and radicalisation, rejecting any link between terrorism and religion and in highlighting the “real values of Islam”.
A joint statement released after the talks said both sides expressed “strong condemnation for terrorism in all its forms and manifestations, and called upon all states to reject terrorism and bring perpetrators of terrorism to justice. In this context, they welcomed the ongoing cooperation between the two countries on counter terrorism and agreed to further enhance cooperation in this direction.”
Malaysia and India also agreed to continue sharing of information and best practices to address the challenges posed by terrorism and other “traditional and non-traditional threats”.
Modi and Najib recalled their stake in promoting multiculturalism and reaffirmed their “commitment to democracy, pluralism and development”.
Appreciating Najib’s leadership in combating extremism and radicalisation, Modi said this was a great contribution and an important aspect of global efforts against the challenge. Warning that terrorism is the “biggest threat” to the world, Modi had yesterday said it should be delinked from religion.
Talking about security and defence cooperation, Modi said both countries will make it stronger, including for advancing maritime security and strengthening disaster response in the region.
“I am pleased that we have agreed to upgrade our joint exercises and set up the SU-30 Forum,” he said, adding that both sides will do more in terms of level and complexity of exercises and collaboration in training and defence equipment.
“Our agreement to cooperate in cyber security is very important. As our lives get more networked, this is emerging as one of the most serious concerns of our age,” the Prime Minister said. — PTI
SNAPSHOTS
Putrajaya (Malaysia)
Grand welcome for PM
Prime Minister Narendra Modi was accorded with an impressive ceremonial guard of honour in Putrajaya on Monday. The national anthems of both the nations were played by the ceremonial band after which Modi met with the Malaysian cabinet ministers and dignitaries. He joined the programme for the inauguration of the Torana Gate and visited the Batu Caves Temple. anI
Singapore
Modi, Lee to launch stamp
Prime Minister Narendra Modi and his Singaporean counterpart Lee Hsien Loong will launch a joint postage stamp on Tuesday featuring the presidential residences of both the countries to mark the 50th anniversary of the establishment of diplomatic relations. The stamp has pictures of the Istana of Singapore, and the Rashtrapati Bhavan of India, Singapore Post said today. PTI

Tribune News Service
Chandigarh, November 22
Ex-servicemen today flayed the Seventh Pay Commission’s recommendations to abolish several existing allowances and benefits that were applicable to members of the armed forces.
Speaking to mediapersons, they pointed out that the Commission has recommended that the entitlement of free rations for defence officers and furlough leave be abolished. Further, the Commission has also recommended that counting Military Service Pay (MSP) for calculating house rent allowance and transfer grant be done away with.
The perk of 100 free units of electricity to defence personnel as well as the funeral allowance of Rs 5,000, that had been introduced to ensure dignified last rites to ex-servicemen from the lower strata, have also been abolished.
Ex-servicemen said the rates of MSP recommended by them to the government was 52 per cent of basic pay for officers and 62 per cent for other ranks, which have not been accepted. Even the Siachen allowance, the highest for hardship, has been capped at Rs 31,500, whereas a civilian officer of the rank of joint secretary, when posted to cities in Ladakh or the northeast will get 30 per cent of basic pay, which works out to Rs 54,810 per month.
Ex-servicemen urged the three service chiefs to take up the issues strongly with the government and ensure that the armed forces are not harmed or degraded.