Military Service Pay (MSP) is awarded to the Military personnel only to regards their versatile nature of service with risk & hardship and to compensate sacrifice for the nation. We all know that the duties of military personnel and officers are not a 9 to 5 office hours rather they are on duty for 24 hours even though they don’t have any right to avail leave and as a privilege matter leave to the military personnel is granted in general.
Now the question is that the rate of MSP granted to Commissioned officers and JCOs/OR should be equal or not ? Voice of Ex-serviceman Society has filed a court case to equalize the MSP for all ranks of the Indian Army, Navy and Air Force.
To know about the case we should know about the existing system in this regard. Back in the year 2006, the rate of MSP for officers was Rs. 6000/- whereas the JCOs/OR were granted MSP for Rs 2000/- p.m only and later on after introduction of seventh central pay commission the rate has been revised as for Commissioned offrs Rs 15,500/- p.m and for Military Nursing Services Officers Rs 10,500/- whereas the JCOS/OR are granted only Rs 5,200/- p.m.
In the MSP case of Voice of Ex-Servicemen Society on 22 March the senior advocate on behalf of the Voice of Exserviceman Society, the representative of JCOs/OR Category, Advocate Nidhesh Gupta argued vehemently in High Court of Delhi.
The debate lasted for an hour. Advocate Gupta presented his arguments and several orders of the Supreme Court and the court agreed that the report of the Pay Commission will be reviewed in the MSP case to ascertain the admissibility of equal MSP to all ranks.
It is a great effort on the part of Voice of Ex-servicemen Society to fight the battle of equal rights for soldiers who sacrificed their lives for the nation. On this partial victory, we on behalf of the ESM Info Club congratulate the participants of this Legal Battle.
In the court, there was a heated debate on admissibility of double the amount of MSP to MNS and three times the MSP to the officers in comparison with the PBOR. After listening to the debate of the learned advocate of the petitioners and the views of court, it can be predicted with a claim that the MSP of JCOs NCOs ORs will definitely increase. The court has made up its mind after examining the documents and debate that the MSP should be increased for PBOR.
The Hon’ble judge pointed on the issue when the debate was in full swing on MSP rate of MNS which is double amount of MSP of PBOR. The Judge asked that “ whether you are demanding MSP with equal amount of officers (may be equal to MNS) or want to get an increase. The advocate of the petitioner said that the demand is only and only for the equal amount of MSP with the officers.
The judge asked the government lawyer that if MSP is due to the responsibility attached to the rank, then why the Chief, Vice Chief, Gen Lt Gen are not given MSP, the government lawyer remained silent on this.
The judge said that there is a need for further debate on this and has also asked for some documents so that it is convenient for him to order. The next date of debate has been given on May 05, 2023. Two army majors were standing in the opposition of Voice of Exservicemen Society along with the public prosecutor.
Voice of Ex-Servicemen Society is going to create history on the issue of MSP. They have extended gratitude to those whoever supported Voice of Ex-Servicemen Society. According to the information published on their official website, the Fees of the Advocate Nidhesh Gupta has been paid for Rs one lakh more. Total amount paid to the advocate till date is Rs 3 lakhs. For a logical and strong argument to convice the court, we all are thankful to the Advocate of the petitioner.
You may be posted in peace or field, In a city or in a jungle, in a mountain peak or on board ship. As and when orders come, you are bound to move at any where it may be at air, land or in the deep see. So, the military service can’t be equalised with the civil job where they are bound to have their duty only during the duty hours and with a specific daily routine. So, the MSP has been introduced for the Indian Armed Forces personnel to keep an edge over their counterpart in the civil side.
Now the question is that the rate of MSP granted to Commissioned officers and JCOs/OR should be equal or not ? Voice of Ex-serviceman Society has filed a court case to equalize the MSP for all ranks of the Indian Army, Navy and Air Force. To know about the case we should know about the existing system in this regard. Back in the year 2006, the rate of MSP for officers was Rs. 6000/- whereasthe JCOs/OR were granted MSP for Rs 2000/- p.m only and later on after introduction of seventh central pay commission the rate has been revised as for Commissioned offrs Rs 15,500/- p.m whereas the JCOS/OR are granted only Rs 5,200/- p.m.
Most of the JCOs OR are posted in the field location and with hundred percent hardship and risk of life s always at their. Performing duties with the harsh condition of living in the hard terrain and enemy prone areas are always bring the risk. Lives of hundreds and thousands of JCOs/OR are sacrificed for the nation every year. Mothers are loosing their son, children loosing their father for the brave reason.
The logic and expression above has been convinced to the court to consider equal MSP for all ranks of the Force. The Voice of Ex-servicemen Society has lodged a case in the Delhi Court in this matter few years ago and the hearing conducted in recent days are quite positive for the JCOs/OR. The court has declared the date of next Hearing in this month and it has also been instructed that if any rejoinder are there, may be filed before the next date. It may be expected that it would be the Final Hearing and justice for equal MSP will be pronounced by the Hon’ble High Court of Delhi. Good news may release very soon.