FIGHT FOR RIGHT : PAY FIXATION OF REEMPLOYED JCOS/OR
Latest News on pay fixation. Pay fixation of reemployed Exserviceman is a long pending issue and now I want to narrate the entire case history and present status of the case. 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. 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.
Here I would like to narrate the entire issue since back in 1958. You may watch video on link given above to know this entire facts.
In 1958, Ministry of Finance, Department of Expenditure issued guidelines regarding modalities of pay fixation of all ranks. At that time pay fixation at higher stage was applicable to the reemployed persons who were in undue hardship. The parameter of undue hardship was determined with some simple arrays. It was in simple form like that, If your pay in reemployed civil post plus pension sanctioned less ignorable part total amount is less than pre-retirement pay the condition will be treated as undue hardship. In such cases, advance increment was granted equal to number of years served in Armed forces.
Concept of Undue Hardship and Advance Inrement for Reemployed Exservicemen –
In 1983 the system turned more simplified. Entire pension of JCOs/OR treated as ignored for the purpose of pay fixation. As a result if your present pay of civil post was less than your pre-retirement pay then you were eligible to be treated under undue hardship. Advance increment was still applicable.
New Rules of Pay Fixation with Discrinatory Policy – JCOs OR Deprived from 1986
In 1986 the controlling authority of pay fixation related orders shifted from Ministry of finance to DOPT. After implementation of 4th CPC on 31 July 1986 DOP&T issued guidelines where modality of pay fixation has divided in to two different categories. The first one is for Retired Commissioned officers or Gp A officers of Civil sides. And another set of orders for reemployed JCOs/OR or equivalent civil post.
A re-employed commissioned officers who retired before 55 years of age and appointed in any civil post, he will be allowed to draw the pay in civil post at the same stage as the pay drawn before retirement. Deduction will be made after allowing all pay and allowances on the pay so fixed. The deduction amount is equivalent to pension less non ignorable part of pension (Rs 15,000 at present).
For illustration Col XYZ retired with basic pay Rs 1,60,000/- + MSP 15,500
Pension = Rs 87,750/- + DR = Total Rs 1,06,178/-
Reemployed in Gp A Central Civil Services with initial pay Rs 56,100/- + DA (21%) + TA(7200+21%DA) + HRA (24%) = 90,057/-
(Pay + pension should not exceed 2,25,000 – 87,500 = Rs 1,37,250 In this case the pay to be fixed & restricted to Rs 1,37,250/-) (as per DOPT OM dt 01.05.2017 effected from 01.01.2016)
His pay will be fixed at Rs 1,37,250/- + DA (21%)+ TA(7200+21%DA) + HRA (24%) = Gross pay Rs 2,07,725/- Deduct Pension (Less ignorable part) – Rs 80,000 – 15,000/- = 65,000/- (MSP element of pension not to be counted ) Net salary drawn – Rs 2,07,725 – 65,000/- = 1,42,725/-
His total income Pay + pension = Rs. 1,42,725/- + Rs. 87,750/- = Rs 2,30,475/- (DR on pension not applicable)
In case of non applicability of pay fixation benefit his total income would have (Pay + Pension with DR)Rs 90057/- + 106178/- = 1,96,235/-
So, the Ex Commissioned officer is benefited by Rs 2,30,475 – Rs 1,96,235/- = Rs 34,240/-
Now, the JCOs/OR who retires before 55 years of age :-
Pay to be fixed at minimum of pay applicable to new recruit on the reemployed post.
Hence, they are totally ignored and no pay fixation benefit is applicable to this category.
Question of illustration does not arise here.
From the above facts following three things are extracted:-
1) Policy makers always think about their own category. Welfare of other categories done not makes any sense to them.
2) 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.
3) The things which are getting wrong with someone else do not bothered others.
This 1986 DOPT orders was applicable to employees of Central Civil Services only. Bank and other PSU and some state 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.
Meanwhile RTI Act 2005 enforced & the Real Story Revealed to all.
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 got 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.
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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. The draft policy reviewed by all the stake holders and finally the file was recommeded for approval to Min of Defence, Dept of Expenditure by DOP&T last year. Unfortunately the was returned with several objections related to policy formulation and statistical data.
Salient features of the Proposed Pay fixation Orders of DOP&T are as given below :-
Expecatation in CCS (RP) Fixation of pay of reemployed pensioners Rules 2019.
1. Modalities of pay fixation for JCOs/OR should be as it was before 1986.
- Entire pension of JCOs/OR should be ignered for the purpose of Pay Fixation. As per Orders of 1958 (revised 1983) , the entire pension of JCOs/OR may be ignored for the purpose of pay fixation. In such case Undue Hardship will be counted if new pay is less than the last pay drawn in Armed Forces
3. DR on pension should not be seized for entire reemployment period. It has already been decided by the authority that DR can not be seized at any cost from the Pension of JCOs/OR in 1993.
4. May be effective from an earlier date and retrospective effect is applicable to existing reemployed pensioners.
5. MSP, class pay & x pay should be counted as part of pre-retirement pay as these elements are included in Pension.
6. Combatant clerks will be treated at par with other categories
7. Age limit for ignoring a part of pension increased from 55 to 57.
The most suitable outcomes may be as it was in 1983, just before formulation of 1986 DOPT orders on Pay Fixation. As per 1983 Orders, entire pension of JCOs/OR ESM should be ignored for the purpose of pay fixation and If Pay of new post is less than last Pay drawn, it will be treated as Undue Hardship and in such case Advance increment should be awarded equal to number of years service rendered in the Indian Armed Forces.
The final Orders is likely to be issued by DOPT very soon after getting approval from the MoF. Case has been taken up with DOPT by AIREXSA for early finalisation of Pay Fixation. Dept of Expdr, Min of Finance had raised several queries since 2021 and the same was resolved and the file had been resubmitted in 2022 in 2023 again they have raised queries which are extremely on the fundamental of the policy formulation on the Pay Fixation issue and this time it seems that DOP&T again will efficiently overcome the shortfall and in an early date, they will resubmit the file alongwith the appropriate clarifications of the queries.
Lets hope for the best and have Good Faith on Modi Sarkar.
