The issue of Pay fixation of reemployed Exserviceman is long pending and report of Raksha Mattri’s Expert Committee recommended few aspects of modalities of Pay fixation.

The anomaly and discrimination in Pay Fixation of Reemployed Exservicemen

After putting several years of bona fide military service in Indian Armed forces, soldier, sailors and airmen are left in uncertain civil life at their middle age. A very few of them only get reemployed in Govt department . Burt their pay is fixed at the entry pay which is applicable to a just college pass out new teenager recruit as per CCS Fixatio of Pay of Reemployed Pensioners (RP) Rules 1986. Whereas the retired JCOs/OR at this time heavily shucked with burden maintain his family in terms of education & marriage of children, built a shelter and take care of old age parents. Such an anomaly created and still in force because of that, Policy makers always think about their own category. Welfare of other categories dose not makes any sense to them. Joining defence forces in other than commissioned rank is a matter of pride, because we have the ability to live without any special provisions of government. The things which are getting wrong with someone else do not bothered others.

History of Pay Fixation issue

This 1986 DOPT orders was applicable to employees of Central Civil Services only. Bank and other PSU and some stat government employees were allowed to get the pay protection, the methodology which was different this and ultimately these reemployed JCOs/OR were ultimately benefitted enough.

After enforcement of RTI Act 2005, In the year 2010 Govt of India issued another set of instructions regarding applicability of pay fixation which caused huge ambiguity in interpretations and some department started giving pay fixation benefit to reemployed JCOs/OR. Ignorable part of pension increased from Rs 1,500 to Rs 4,000/- for Commissioned Officers. Those who did not get the benefit, raised their voice through RTI applications and PG Portal. Ultimately all central Govt department seized to extend the pay fixation benefit to reemployed JCOs/OR. Approx 400 Court case raised in different part of the country.

In the course of time, re-employed ex-servicemen united at their respective department level and regional level. Various reemployed ex-servicemen associations approached the Directorate of Ex-Servicemen Welfare (DESW) under Ministry of Defence and they have ultimately convinced and accepted the injustice and discrimination in the 1986 pay fixation orders and agreed to make necessary rectification.

They promised to issue suitable instructions to fix the pay of JCOs/OR at par with the Commissioned officers but the CCS (RP) Rules , Fixation of pay of reemployed pensioners 2016 failed to incorporate any such instructions in this regard.

Meanwhile, in the year 2017, the All India Ex-Servicemen Association formed which was recognized by Ministry of Defence and other stake holders. The Association met Govt authorities in formal meeting to discuss the anomalies in 2016 pay fixation orders. After repeated requests and reminders and a number of meeting held with Ministry of Defence and DOP&T, finally DOP&T has drafted the revised order of pay fixation which is at par with the pay fixation method adopted earlier for Commissioned Officers which were circulated to the stakeholders for necessary review and recommendation at their end.

Present position of Pay Fixation issue

During the recent meeting held with the authority, they assured us that the final orders will be issued very soon once the draft reviewed by the stake holders and received at their end. CCS (RP) Fixation of pay of reemployed pensioners rules 2019 is still waiting for approval due to financial sanction yet to be received from Dept of Expdr, Ministry of Defence. As per draft OM while fixation of pay of reemployed ex-servicemen will be carried out, all elements of pre-retirement pay i.e MSP will not be counted for the purpose of pay fixation. The matter was referred to the Ministry of Defence.

The final Orders is likely to be issued by DOPT very soon. Case has been taken with DOPT by AIREXSA for inclusion of all elements of pre-retirement pay for the purpose of fixation of pay in civil post. Dept of Expdr, Min of Finance has raised some query on the draft policy formulation and the necessary inputs have been provided to MoF in due time. Now its their turn to cconsider the porposal of DOP&T and issue sanction for implementation.

Updates on Pay Fixation issue – August 2022

Meanwhile report of the Raksha Mantri’s Expert Committee has been published in the official website of DESW . As per the recommendation of Raksha Mantri’s Expert Committee, all elements of preretirement pay required to be taken in account for fixation of pay of reemployed exservicemen while reemployed in civil Dept. The recommendation was further communicated to the DOP&T for their ccomments.

DOP&T has denied to accept the recommendations of Raksha Mantri’s Expert Committee on the following grounds as per the discussion below :

(a) According to DOP&T, MSP is already included in Pension so it may not be feasible while fixation of pay in reemployed post. This statement has no legal stand as the element of MSP is deducted while ignoring part of pension as per extended Govt rules on the subject published in 05.04.2010.

(b) DOP&T has shown reference of clarification of MoD on the treatment of MSP while pay fixation. Actually MoD has issued their clarification during 2008 about treatment of MSP while reemployed in Defence services. It is to mention here that this provision was for reemployed officers who are reemployed in Defence only where MSP is a part of pay of reemployed post also by virtue. So MSP will not be counted with preretirement pay. But in case of reemployment in civil department, no MSP is applicable. So, MoD clarification of 2008 is not applicable for the instant case. DOP&T has misinterpreted this order which need to be rectified.

(c) DOP&T has expressed their opinion that MSP is applicable to Military personnel to keep and edge over their civil counterpart hence it may not be taken in to account while pay fixation in civil post. This is just an excuse by them and has no basis. Hence need to be reconsider on the grounds of acceptance of legitimate rights of the veterans.

Recommendation of Raksha Mantri’s Expert Committee and response of DOP&T is here :