pay fixation methodology for reemployed exservicemen

Pay Fixation Methodology for Reemployed Offrs and JCOs/OR- Policy Making Process

There is a huge anomaly and disparity/discrimination in pay fixation methodology of reemployed Exserviceman. The matter has been proved before the DOP&T and MoD with illustration and real life examples. It has been clearly established that, a retired Sgt with 20 Years of service, after retirement from IAF, on his reemployment in LDC Post ( Level 2) is loosing approximately Rs 25,000/- every month for this discriminatory pay fixation methodology. Whereas A retired Lt Col , on reemployment in IAS/equivalent cadre in Director Post of any Directorate, he gains Approximately Rs 50,000/- every month even after deduction of non ignorable part of his pension.

Reemployed ESM are aware of the CCS Fixation of Pay of Reemployed Pensioners (RP) Rules 1986 which was formulated by the Govt authority with discriminatory methodology of Pay Fixation. According to the Pay Fixation rules 1986, commissioned officers (Gp A ) on threir reemployment, will get their pay fixed as per last pay drawn before retirement from Armed Forces. A part of their pension equivalent amount is deducted from the pay so fixed after alloweing DA and other allowances.

Whereas the JCOs/OR are allowed to draw the pay on reempoployement as per fresher recruit (initial pay of reemployyed post). They are treated as Fresher, not reemployed. However JCOs /OR are also agreed to accept deduction of a part of their pension from their pay so fixed, if their pay is fixed as per last pay drawn. DOP&T has accepted the facts as established with documentary evidences of disparity in pay fixation methods between the two different categories of Soldiers of Indian Armed Forces and clarified the matter to the Finance Ministry but they have not recognised the issue.

Ministry of Finance is also opined that if unform pay fixation methodlogy at par with the Gp A/Commissioned officers is allowed, PBORs would get undue benefits and would result in  wider financial repercussions. It may be assumed that they have forgot that, Article 14 of our Constitution extends to give equal rights to the citizens in similar situation. Amount of Pay and pension of different rank/post may be different depending upon the responsibility and skills required for the post but methodology of fixation of pay and pension should be equal. As 50% of pay is treated as pension to all Central Govt Employees irrespective of their rank and dsignation.

Views of Ministry of Finance on Uniform Pay Fixation methodology

In this Article a note of the departmental file of MoF (DoE) & DOPT is reproduced here.

Department of Personnel & Training
Estt. (Deputation/Re-employment)

This relates to the Proposal – under consideration .regarding revision/consolidation of Central Civil Services (Fixation of Pay of Re­employed Pensioners) ,Orders,1986 and Other related Orders and formulating a single method Only for pay Fixation in respect of all the re-employed pensioners including PBORs/CommissiOned Officers/Ex-Combatant Clerks etc.

2    Department of Expenditure (DoE) vide their ID note dated 02.12.2022 (pp.118-120/n) had raised some queries/points. These points.were replied to. Kindly see p. 645/c in this regard. . Now, DoE vide their ID Note dated 08.06.2023 (p.134/n) has returned the proposal stating that the comments furnished by this Department are not clear and satisfactory. DoE has again raised some points at para. 3 of their note at p.134/n and advised this Department to make. clear comments to the queries raised in their ID note dated 02.12.2022 .and also ‘review the proposal in light of observations in pare 3 of their note at p.134/n.

3.   With regard to the latest points raised by DoE, the reply proposed is as under :    

(i).(a)   At present, upon re-employment, the pay of PBORs is fixed in the first cell of the level in which they are appointed by ignoring the full amount of pension from their last. employment. Whereas as per the proposed methodology of pay ‘fixation, upon re-employment the last pay drawn by the PBORs before their retirement would be protected and 70% of their pension from the last employment or Rs.15000/-:whichever is less would be ignored. By doing so, PBORs would get undue benefits and would result in  wider financial repercussions.

 Reply. –,As already mentioned earlier by this Department, financial neutrality.can not be maintained with the proposed Draft which aims at bringing uniformity in pay :fixation methodologies in respect of different categories of  reemployed persons.                                            .           .           

(I)(b) In the case of Commissioned Officers,  although their last pay. Is  protected while fixing their pay in re-employed post, as part of pension amounting to Rs. 15000/-  is only ignored and the rest of the pension is taken into account and is deducted from the pay of re,employed post.  The ignorable part of their pension i.e RS; 15000/- would not appear to come to an extent of 70% of their pension:as. proposed by DOPT in Case of PBORs. If DOPT proposes to adopt similar pay fixation methodology in both the cases DOPT   should in the first instance, estimate how much portion of pension in case of officers in terms of percentage is getting  ignored and explore/clarify :why the Same % may not be applied in case of PBORs also.  It also appears that the flat ignorable amount of pension , as applicable to officers grade may not be made applicable to PBORs as there is a huge difference in the pay scale of these posts; thus it would cover a suitable portion of their pension.

,Reply – commissioned Officers retire from different posts, data of Which is not available with this DepartmentTherefore, it is not possible to estimate how much portion of ‘pension’ in ‘case of officers, in percentage terrn is getting ignored with the proposed dispensation.

Uniform Pay Fixation Methodology for Reemployed Offrs and JCOs/OR

Uniform pay fixation methodology for Commissioned officers and JCOs OR has been proposed by the DOP&T to the Dept of Expenditure, Ministry of Finance. The matter is pending since last few years and the matter is pertaining to approx 3 Lakhs Govt employees belongs to reemployed JCOs/OR category. History is evedent that, when you raise your voice with unity, the mountains also moves. The effort of AIREXSA has made the DOPT to consider the issue and draft Pay Fixation orders formed. It is expected that very soon the uniform pay fixaytion methodology will be released by the Govt of India.

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