injustice with jawans

Injustice with Jawan & JCOs Rank of Indian Armed Forces

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In Indian Armed forces, soldiers are the backbone of National Security and strength. The soldiers are mostly deployed in harsh conditions and they laid their lives for the nation very often. Their work profile and standard of living provided by the Indian Govt is far different from the officers category of Indian Army.

Discrimination in Basic Amenities and Living Standard

When we discuss the disparity and discrimination with the soldiers of the Indian Armed Forces, it is endless and it is well known to each and every soldier and officer, so need not to be discussed here. We have seen the movement for Equal MSP and disparity in OROP also. Time bound promotion, i.e gurranteed 3 promotions within 13 years of service for officers only with an increase in pay about 50 thousand pm for them only whereas for Jawans, One MACP in every 8 years with hundreds of Conditions with an average increase in pay for Rs 1500/- pm ! Such hundreds of discriminations are there. In this article we will discuss here about a gross violation of Indian Constitutional provision and fundamental rights of the citizens belonging to the Soldier Jawan/JCOs category.

Yes, this is all about the existing Pay Fixation policy applicable to Reemployed Commissioned Officers and JCOs/OR. Both the category of Soldiers retire from the Indian Armed Forces after putting in several years of bonafide military service.

Since the Indian Armed Personnel are retired at such a young age, they need to get reemployed. Average age of retirement for below commissioned officers is 40. So, for the survival of their family, only a pension is not sufficient for them and they must do something to earn a livelihood. Now, we will discuss the existing pay Fixation policy applicable to Reemployed Commissioned Officers and other ranks (Below Commissioned Officers).

Different Rules for Officers and Jawans After Retirement also

According to CCS Fixation of Pay of Reemployed Pensioners (RP) Rules 1986, On reemployment, pay of all the reemployed pensioners will be fixed as per entry pay of the reemployed post. However, there are some conditions i.e, those whose pension is fully ignored for the purpose of pay fixation, their pay will be fixed at the minimum pay of the reemployed post . Whereas those whose pay is fixed after ignoring only a part of pension they are entitled to get their pay fixed at the same stage as last pay drawn.

The policy makers have cleverly set the conditions so that with an open eye and after reading at a glance, the discrimination can not be identified easily.

Condition for Below Commissioned Officers category :- Now the main condition is that the persons belongs to below Gp A / Below Commissioned officers rank must ignore full pension for the purpose of pay fixation on reemployment and as a result their pay will be fixed at minimum pay of reemployed post. In this case the last pay drawn will not be considered for their pay fixation.

Conditions for Commissioned officers Rank – On the other hand, the Commissioned officers and Gp A officer’s pay will be fixed at the same stage as last pay drawn before their retirement since their pension will be partly ignored ( at present Rs 15,000/-) for the purpose of pay fixation.

Conditions for Ex – Combatant Clerk – Since combatant clerks belong to below Commissioned Officer category, they are also discriminated against. According to the Pay Fixation rules 1986, ex combatant clerks when recruited in civil post in clerical grade, their pay will be fixed with the advanced increment equal to number of years served in the armed forces but their pension will be deducted from the pay so fixed after ignoring only Rs 15/-. The ignorable part was fixed in 1986, and thereafter several orders were issued to revise the ignorable part for the Commissioned officers which is now 15,000/- for them , but the same for the clerks is still Rs 15/- . Its an example of huge discrimination and disparity with the below Commissioned Category.

You must have noted that there is no option whether the PBOR is willing to deduct their pension from the pay so fixed , if they would have allowed to get their pay fixed as per last pay drawn. They are in huge loss and drawing very less pay in spite of having 15-30 years of work experience in the Indian Armed Forces. Whereas, the commissioned officers are drawing 7 times more pension than a PBOR and even after that their pay on reemployment is fixed as per last pay drawn ! If this is not a disparity, then the meaning of the word “Disparity” should be changed in the Dictionary.

The matter has been analysed with the practical implications and it has been found that the Officers are getting a heavy gain for this discriminatory pay fixation policy , it amounts upto 60-80 thousand per month (+80K). Whereas the PBOR are in huge loss and they are drawing at an average 20 to 30 thousand per month less pay than they are actually entitled.

The matter was brought to the notice of the DOPT, MoD, MoF , DoP&PW, DESW, DGR and other stakeholders. Finally, the nodal agency for issuing pay fixation methodology for the Central Govt employees, DOP&T agreed with the alleged discrimination and disparity which has continued since 1986. They have formed (drafted) a uniform Pay Fixation Policy which is free from any discrimination and approved by all the stakeholders, but finally rejected by the Finance Ministry stating that , if such a scheme of pay fixation is extended to the PBOR, undue benefit will be given to them. What a great comment from the Ministry !

Now, it is all upon the Govt to whom we have trust and faith always. It is expected that the matter will be reconsidered by the Finance Ministry since the similar nature of pay fixation benefit already exists in PSU / Banking Sectors duly referred to the same Pay Fixation Rules of 1986 issued by DOP&T.  

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