Issues raised by Ex-Servicemen/Associations and comments by Ministry of Defence vide Order dated 20.07.2023
MoD ID No. 1(1)/2023lD(Pen/Pol) dated 20.O7.2023
เคฐเคเฅเคทเคพ เคฎเคเคคเฅเคฐเคพเคฒเคฏ/ Ministry of Defence
เคชเฅเคฐเฅเคต เคธเฅเคจเคฟเค เคเคฒเฅเคฏเคพเคฃ เคตเคฟเคญเคพเค /Department of Ex-Servicemen Welfare
เคฐเคเฅเคทเคพ(เคชเฅเคเคถเคจ/เคจเฅเคคเคฟ)/D(Pension/Policy)
Room No. 220A, B-Wing,
Sena Bhawan, New Delhi-110011.
Subject: Issues raised by Ex-Servicemen/Associations -reg.
This Department has been receiving several representations from Ex-Servicemen and their Associations related of pensionary and other matters in respect of Armed Forces Personnel.
2. In this regard, after going through the representations received in this Section, some of the issues have been compiled and on the basis of information available in this Section, the point-wise comments on those issues are as under:
| Sl.No. | ISSUES | STATUS |
| 1 | Fitment factor for JCO is only 2.57 and for Officers it is 2.81. | The 7th CPC has applied an โindex of rationalization while making enhancement of levels from Pay Band 1 to 2, 2 to 3 and 3 onwards on the premise that role, responsiblity and accountability increases at each ย ย step in the hierarchy. At the PB-1, this index is 2.57, increasing to 2.62 for personnel in PB-2 and further to 2.67 from PB-3. Recognizing the significantly higher degree of responsibility and accountability at levels corresponding to Senior Administrative Grade, the entry pay is recommended for enhancement by a multiple of 2.72. The same multiple is also being applied at the HAG and HAG+ levels. At the apex level the index applied is 2.81 and for the Service Chiefs/Cabinet Secretary the index has been fixed at 2.78. |
| 2 | Benefit of OROP notย applicable for PMRย retirees who got PMRย w.e.f. 01.07.2014. | As per MoD letter dated 07.11.2015 and 04.01.2023 for revision of pension under OROP, ย personnel who opt to get discharged on or after 01.07.2014 on their own request under relevant Rules are not entitled to the benefits of OROP. The principle of OROP contained in Govt. letter dated ย 07.11.2015 has been upheld by Honโble Supreme Court vide its order dated 16.03.2022. |
| 3 | Equal MSP should be fixedย for JCOs as well asย Officers. | The Military Service Pay was introduced by the 6thย CPC. While deciding the rate of MSP in case of JCO/ORs, the 6th CPC finalized the amount of Rs. 1000/- p.m. as they were not paid any rank pay in theย 5th regime similar to the Officers (Para 2.3.26 of 6thย CPC Report). However, the Government increased the amount to Rs. 2000/- p.m. for JCO/ORs in the 6th CPC.ย Further, the 7th CPC vide its para 6.2.113 stated thatย the Commission does not see any merit in disturbingย the existing structure of grant of MSP at slab rates forย four categories and the 7th CPC vide Para 5.2.22ย specified the rates of MSP for Officers at Rs. 15,500/-ย and JCOs/ORs at Rs. 5200/-. The Govt. accepted theย recommendations and accordingly, Armed Forces Payย Rules/Regulations 2017 were issued. |
| 4 | Officers have been moreย benefitted than Jawansย and Honorary ranks inย fixation of pension underย OROP-II. | OROP rates are average of minimum pension andย maximum pension for a rank of a particular qualifyingย service from live data of retirees of year 2018 and theย pension for those drawing above the average shall beย protected. The above policy is equally applicable forย officers as well as JCOs/ORs. Further, The policy of theย Govt. issued vide MoD letter dated 07.11.2015 hasย been upheld by the Honโble Supreme Court vide orderย dated 16.03.2022 in WP(C) No. 419/2016 filed byย Indian Ex-Servicemen Movement. |
| 5 | Request for grant ofย widow pension equal toย service pension. | As per existing policy, the Ordinary Family pension isย calculated as 30% and 50% of the reckonableย emoluments at normal rate and enhanced rateย respectively. This provision is equally applicableย for Officers and Jawans. There is no change in theย existing policy. On the recommendations of theย Standing Committee on Defence (2016-17) vide paraย 16 of its 32nd report, the proposal regarding increasing the pension of widow equal to the pension of deceased soldier was examined in consultation with all stakeholders and the same was not found feasible to implement. The 7th CPC had also examined the issue and not recommended any change in the existing rates of family pension. |
| 6 | Demands for grantingย equal disability pension toย officers and Jawans. | As per existing policy, the Disability Pension (Disability Element and Service Element) for all ranks is calculated at a uniform rate. The rate Disability Element is 30% of reckonable emoluments for 100% disablement subject to proportionate reduction in case of disability less than 100%. The Service Elementย is calculated at 50% of the reckonable emolument. Inย this way total of Disability Pension (Service Elementย and Disability Element) for 100% disability is 80% ofย the reckonable emoluments. There is no change in theย existing policy. |
| 7 | Request for grant ofย service pension to theย personnel who renderedย service less than 15 yearsย and participated in 1965ย and 1971 Wars. | As per existing pension rule, the minimum qualifyingย service for earning a service pension is 20 years in caseย of Commissioned Officers and 15 years in case ofย Personnel Below Officer Rank. Further, there is noย special provision for relaxing the said provision ofย minimum qualifying service for pension in respect of personnel who participated in any War/Operation. |
| 8 | Demands for Enhancement of Reservists Pension and granting benefit of OROP to them. | As per extant policy, a reservist who is not in receipt ofย service pension shall be granted, on completion of theย prescribed combined colour and reserve qualifyingย service of not less than 15 years, a reservist pensionย equal to 2/3 of the lowest pension admissible to aย Sepoy, but in no case less than minimum pensionย prescribed by the Govt. from time to time. At presentย the minimum pension is Rs. 9000/- pm under the 7thย CPC regime. Further, the matter related to extendingย the benefit of OROP to Reservist was referred to Oneย Member Judicial Committee which has submitted itsย report to Ministry. The Report is under examination inย this Ministry. |
| 9 | Rank weightage as mentioned in the GoI,ย MoD letter datedย 1(13)/2012/D(Pen/Policy) dated 17.01.2013 shouldย be restored for calculationย of pension as lateral entryย system as recommendedย by the 6 CPC videย Chapter 2.4 has not beenย implemented to date. | Prior to 6th CPC regime, the full pension was linkedย with the qualifying service of 33 years. For serviceย lesser than 33 years, the pension was reducedย proportionately. Hence, the concept of weightageย appropriate to the ranks was given. However, afterย implementation of the recommendations of the 6thย CPC, the linkage of full pension with 33 years ofย qualifying service has been dispensed with. At presentย the pension is calculated@ 50% of the reckonableย emoluments irrespective of length of service. Hence,ย the concept of weightage of years in qualifying serviceย has become irrelevant. |
| 10 | Demand of 75% pensionย of last pay drawn. | As per existing provision, service pension is calculatedย at rate of 50% of last emolument drawn by Defence Forces Personnel. Further, there is no proposal underย examination for changing the existing policy. |
| 11 | Benefits of MACP may beย extended toย pre-2006ย retirees also. | The MACP benefits is for serving personnel as one ofย the improved service conditions and is allowed basedย on fulfilment of certain prescribed conditions. Hence,ย the same cannot be allowed to those who have notย earned the benefit being retiree of prior to theย implementation of the scheme. |
| 12 | Implementation of recommendation of OMJC. | Report submitted by OMJC on OROP is under examination in this Ministry. |
| 13 | Payment of Ex-gratia award to ECOโs/SSCOs who participated in 1965 and 1971 Wars. | At present, no such policy to grant Ex-Gratia award to ECOs/SSCOs on participation of any war exist. |
9. It is requested that the representations received in the matter may be disposed of atย your end on the basis of above mentioned facts.
(B L Meena)
Under Secretary to the Govt. of India
Tele fax: 2301 2973
COMMENTS
JC 155581X SUNDERLAL 9410944657 Uttarakhand DY no 700/rti/23-24/sciย