Retired soldiers held a rally at UNA on Sunday, 04 May08. About 400 were present.
A press note issued is attached, said memo has following points-
1. Same % increase in pension to all wef from 1/1/ 06 irrespectine date of retirement as iterim measure till one rank one pension happens .
2. Old age increment to start at 70.
3 Msp for PBOR to be Rs 3000.
4. 75 % of pay as pension up to 60 to compensate for ealy retirement.
5. State & central govt to enact laws for emp of early retirees up to 60.
6. Forces rep must on pay panel/ committees / commissions.
7. One rank one pension.
8. Abolish unfair rules applied to calculate pension as it slices down pension mostly of early retirees.
Regards
Charan
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Protest against recommendations of 6th Pay commission
By retired soldiers of Una District.
PRESS RELEASE 04-05-2008
The retired soldiers of all ranks assembled in the premises of Army canteen at Una at about 1000 hours on 4 May 2008 to protest against the recommendations of 6th Pay Commission & send a memorandum in this regard to the defence minister through Deputy Commissioner Una.
The rally included both officers & others rank, main among them being Maj Gen Bikram Singh AVSM*, Brig Charan Singh, Col T S Jaswal, Lt Col Prashar, Col Vashist, Lt Col Kuldip Singh, Honorary Capt J S Minhas. Honorary Capt Saini, Honorary Capt Gurbachan Singh & a large numbers of others.
Maj Gen Bikram Singh& Brig Charan Singh briefed the gathering about the anomalies in the recommendations of Pay Commission & on the contents of the memorandum being sent to Defence Minister. The protesters started marching at about 1100 hrs in rows of four each to the DC office. They carried banners such as "Indian ex servicemen let down by 6th Pay Commission", "Give one rank one pension", "Abolish unfair rules used to calculate soldiers~ retiring pension" & a host of others.
The march was orderly, peaceful & there was no slogan shouting. They reached DC office around 1145 hours. The memorandum was handed over to DC for onward dispatch to Def Minister, which he promised to do. One copy has been sent directly also. The rallying ex servicemen later dispersed peacefully.
Note. There were local TV people & also Punjab Kesri reporter covering the event.
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Dehradun Ex-Services Veterans Rally
held at Kargil Memorial, Gandhi Park
on 27 April 2008 at 1700 hrs
The convener of the Rally and President Dehradun Ex-Services League Brig(Retd) K.G.Behl started the Rally with the permission of the senior most officer present Lt Gen M.S.Gosain PVSM, AVSM, VSM. with National Anthem. Two minutes Silence was observed in the memory of all those who laid their lives for the Country.
Brig Behl said that defence persons had a lot of expectations from the 6th Pay Commission as the benefits given by 4th and 5th Pay Commission have not yet been implemented and it was hoped that the 6th CPC will do full justice to the Defence Forces. Since there was no representation of the Defence Forces in the 6th Pay Commission probably the commission was not fed with full facts and figures and they were not aware of the specials conditions under which defence forces work.
Rank Pay
In consideration of peculiar hazardous service conditions with early retirement age, stagnation in career progression, persisting deficiency in intake for the Officer cadre and to make the career as Army Officer more attractive and rewarding to meet the national security environments , the IV Pay Commission on presentation of the three Service Chiefs had devised the concept of Special Military Pay called later as Rank Pay with effect from 1.1.1986, on the pattern of additional pay admitted for the Armed Forces of many developed and developing democracies of the World.
The aforesaid Concept was stated in para 4 of MOD Letters dt 13.3.87 &.26 May 1987 as Al 1/S/87 on implementation of IV CPC Award and it stipulate Rank pay in addition to the pay in the Integrated Pay Scale; under Para 3.
What actually happened
The introduction of rank pay was thus devised by the IV Pay Commission as Special Pay and was to be paid in addition to the substantive pay of the post/rank held. The concept as devised by the Pay Commission was not understood by our financial pundits who fix the pay and instead of giving additional pay, as sanctioned by the IV CPC deducted the amount from the substantive Pay, fixed for the Rank and showed on ~Pay Slip~ the same amount as paid as ~Rank Pay~ so that there was no objection . This amounted, not only to deny the officers the rank pay sanctioned by the IV CPC, which was to be given over and above the normal pay of the post, but the Substantive Pay of each officer got reduced equivalent to the amount of Rank Pay, in comparison to their civilian counter Parts. This reduction became double when the 5th CPC doubled the Rank Pay and the consequent loss got doubled. The 6th CPC has sanctioned scales and grade Pay taking into account the earlier substantive Pay being paid as 1.1.2006, which as explained above is less equivalent to the Rank Pay. When the ~Basic Pay~ is less all the benefits accruing on that are bound to be less accordingly and that is what has happened in 6th CPC report, which has lowered the status of Defence officers by putting them in lower scales and granting less ~Grade Pay~ which at places is a couple of thousand rupees lower than their civilian counterparts. It speaks of the injustice done and needs immediate rectification. Our Expert on the subject Col K.L.Dewan has worked out in detail the anomalies found in the 6th CPC recommendations which glaringly show as to how and how much lowering of scales, status and emoluments been made in at different levels. A copy of the same is being forwarded to all concerned to apprise them of the facts. He will himself explain the major anomalies noticed.
This reduction in Substantive Pay has been upheld as wrong by Hon~ble High Court of Kerala in their judgment dated 5.10.1998, and confirmed in their judgment on 04 Jul 2003 on Review Appeal 518 of 1999. The SLP moved by the Govt. in the Hon~ble Supreme Court of India, against this Kerala High Court judgement has also been turned down, being time barred.
The Min of Def. in compliance of the Hon~ble High Court Order, has revised the Pay of the Officer Petitioner(Maj Dhanmapalan) and paid him the arrears of Rs. 28,031/- .
The Min of Def under ID Note No. 1 (2)2006/D(Pay-Services) dt.07 Apr 2006 directed the Service HQs to work out the financial implications in the re-fixation of pay of the Officers who were affected on account of pay fixation devised under IVth CPC Award. MOD Could have easily paid to other officers since there is a precedence where the Hon~ble Supreme Court had already stated in one of their earlier Judgments that in cases of this nature where some error has been committed in interpretation of rules, it can be set right in all similar cases by the Ministry alone.
It may be added here that the Hon~ble Supreme Court of India had given ruling that where a citizen aggrieved by the action of a Government Department approached the Court and obtained a declaration of law in his favour, others in the like circumstances be given the benefit of that declaration to others similarly affected without their going to the courts again to express their grievances. In this connection the Ministry~s attention is invited to Hon~ble Supreme Court Judgment in the case of Amrit Lal Vs Collector CEC Revenue reported in AIR 1975 SC 538.
In a similar case under the Ho~ble Supreme Court Judgment dt.08.12.1994 on reduction of re-employed Pay after deducting the enhanced retiring Pension, was held as unconstitutional and the recoveries made as per OM Dt. 11.9.87. were refunded in compliance of the said Judgment under the MOD, Dept. of Personal & Training OM No.3/15/94-Estt(Pay- II) Dated 14 Oct 1997.
Instead of taking initiative to set right the wrongs committed, the MOD, in consultation with the ministry of law, advised some retired officer to go to the court to claim the same benefit as given ion Maj Dhanmapalan~s case of the High Court of Kerala as stated above, so that they may get opportunity to delay and drag on the case in Courts, so that their blunders are not exposed, knowing full well that there are many serving officers too involved in this irregularity, who will not go to the courts. Under the circumstances to say that the case is sub-judice is not only unjust but a farce.
Once the Hon~ble Supreme Court rejected SLP filed by the MOD, there is no justification for them to go to the Court or plead their case. Some of the retired officers have gone to the Court for demanding the same benefits which have been given to Major Dhanmapalan by the Hon~ble High Court of Kerala on similar grounds. They have not gone to the Hon~ble Supreme Court to dispute the judgment of the HIGH Court of Kerala. So there is no justification in MOD stating that the case is subjudice. The orders are very clear on the subject and MOD must pay arrears of Rank Pay to all concerned officers from 1.1.1986 to set the matters right.
Col K.L.Dewan stated in his talk that there are 18 anomalies in the 6th CPC, which need rectification or explanation. The Pay packets are not related to Mr. Ajai Singh report relating to service for promotion, Pay and other benefits.. Moreover the revision of Pension of Past and future pensioners relating to the Table given in the Annexure do not conform to the concept of modified Parity as introduced by the 5th CPC.
It is still not very late and the three member committee of Secretaries appointed by the Minister for Defence can go through it seriously and set the matter right by withdrawing the case from the Hon~ble Supreme Court and allowing immediate payments of arrears and revise the substantive Pay He lauded the efforts of the three chiefs and was thankful to the Hon~ble Prime Minister who has now thought of a separate Pay Commission for the Defence Forces.
Secondly, there are fears that the Military Pay now sanctioned by the 6TH CPC, over and above the Substantive Pay may not meet the same fate as given earlier. Moreover, it was proposed that Military Pay should be given to all ranks, right up to the chiefs in a graded scale up to Rs.10,000/- which should be over and above the normal civil Pay Scales.
Moreover, the Pay of Jawans has been taken as that of unskilled workers. They withdrew Group X and Y and are treating them as unskilled workers who sit in offices or do not carry out any field duty or have not to use latest sophisticated Arms and Ammunition and learn techniques to face enemy boldly. It is an unjust comparison and Jawans and others right up to officers be treated accordingly as they keep on acquiring better knowledge and expertise through different laid down courses, which add to their qualifications. Moreover, it should not be forgotten that they work in difficult conditions, hostile and tough terrain, away from their families without homely comfort, always ready to lay their lives to save the country. Even during peace they are called off and on, to help the civil authorities during natural calamities, floods, riots etc. and meet different Challenges. That is where the Defence Forces deserve and demand a separate Pay Commission where persons having full knowledge of their work should be its members. We are thankful to the Hon~ble Prime Minister for agreeing to set up a separate Pay Commission for the Defence Forces.
Let us hope all concerned people and officials wake up and realize the problems of Defence personnel and a concerted effort is made to get the defects rectified for the good of the Armed Forces and the Country.
Brig Behl requested Mrs Rekha Sharma to present a national Song.
Col K.L.Dewan then presented the anomalies he found in the 6th CPC as explained above. Maj Gen Nandwani, Col Mamgain and others also put across their views later
The candles were lit at the Kargil War Memorial to pay tributes and all present filed past one by one offering floral tributes, especially by Maj Gen Shamsher Singh MVC
The Rally ended with the National Song.