Uniform Pay Fixation for Reemployed Ex-Servicemen: Time for Legal Action as Government Delays Justice

A Persistent Injustice with PBOR

Despite years of dedicated service to the nation, Personnel Below Officer Rank (PBOR) from the Army, Navy, and Air Force continue to face systemic discrimination when it comes to pay fixation upon reemployment in Central Government Departments.

While Commissioned Officers receive pay benefits aligned with their last drawn pay (with full pension ignored), PBOR are relegated to minimum pay of the reemployed post—creating a deep and unfair disparity among veterans who served with equal dedication.

📝 Exserviceman Association’s  Representation to DoPT

Since last one decade, KREWA , AIREXSA and several other Associations have approached the DOPT and other stake holders with submission of detailed representation to the Secretary, Department of Personnel and Training (DoPT), demanding the revision and rationalization of pay fixation orders for reemployed PBOR in Central Government services.

The representations commonly  highlighted:

  • The outdated OM dated 31.07.1986, which fails to provide parity for PBOR.
  • The Rs. 15/- ignorable pension rule, unchanged for last 4 decades, insulting to the dignity of PBOR.
  • The comparative career growth and pay disparity between Officers and Sepoys over the years.
  • The lack of uniformity across ministries and departments, even after reemployment.

🔄 ESM Association’s Proposed Solutions

The ESM Associations have has submitted two optional models for fair pay fixation.

âś… Option A:

Fix reemployed pay at the last drawn basic pay (including MSP, GP, Gp X & other components), with no deduction of pension.
Special Pay to bridge any pay difference to be treated as a separate head for increments and MACP.

âś… Option B:

Fix pay at minimum of the reemployed post, but grant one increment per year of defence service.
Again, no deduction of pension, and increments to be applied on total pay including Special Pay.

These models ensure equity, clarity, and benefit for both pre- and post-2016 reemployed ex-servicemen, and eliminate anomalies arising from different pay commissions.

⏳ Government Response: Endless Delay

Despite the Department of Personnel and Training (DoPT) acknowledging the issue during the JCM meeting in May 2017, no concrete action has followed. The Ministry of Defence (MoD), through its 2017 Office Memorandum, had also supported the cause of ex-servicemen. Yet, no revised or corrective orders have been issued to date.

Back in 2016, DoPT had officially admitted that a clear disparity exists between two segments of Armed Forces personnel—Commissioned Officers and Personnel Below Officer Rank (PBOR)—in the matter of pay fixation upon re-employment. While re-employed officers have consistently enjoyed the benefit of pay fixation based on their last drawn salary, PBOR are placed at the initial pay of the new post, as if they were fresh recruits.

In 2019, a draft policy was prepared to bring parity and uniformity in pay fixation methodology for all re-employed ex-servicemen. However, this draft continues to await approval from the Ministry of Finance, which has returned the proposal multiple times with repeated queries and observations.

This bureaucratic deadlock, now running into its eighth year, has left thousands of re-employed PBOR in Central Government jobs in financial and emotional limbo—waiting endlessly for long-overdue justice.

⚖️ Why Court Is Now the Only Solution

After years of waiting, representations, and departmental silence, it is now evident that:

  • Government is intentionally delaying policy correction
  • PBOR are being denied fair treatment under the very Constitution they swore to protect
  • Only a legal intervention by the courts can now ensure a binding and time-bound resolution

📢 Call to Action: Join the Legal Movement Now

If you are a reemployed ex-serviceman (PBOR) in any Central Government/PSU/Autonomous Body/State Govt and feel affected by this unjust pay fixation:

👉 Stand up for your right. Join the legal case. This is not just about pay—it’s about dignity, parity, and justice.

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