Log in
x
or
x
Register
x

or

Latest News

Admin

Admin

Saturday, 04 May 2019 17:49

OROP CASE INTERIM ORDER BY SUPREME COURT

ITEM NO.1

COURT NO.9

SECTION X

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

 

Writ Petition(s)(Civil) No(s). 419/2016

 

INDIAN EX SERVICEMEN MOVEMENT & ORS.                                  Petitioner(s)

 

VERSUS

 

UNION OF INDIA & ORS.                                                                    Respondent(s)
(WITH IA 33253/2017 FOR AMENDMENT OF WRIT PETITION)
Date : 01-05-2019 This petition was called on for hearing today.
CORAM :

HON’BLE DR. JUSTICE D.Y. CHANDRACHUD
HON’BLE MR. JUSTICE HEMANT GUPTA

For Petitioner(s)

Mr. Huzefa Ahmadi, Sr. Adv.
Mr. Balaji Srinivasan, AOR
Mr. Arunava Mukherjee, Adv.
Mr. Rohan Sharma, Adv.
Mr. Siddhant Kohli, Adv.
Ms. Pallavi Sengupta, Adv.
Ms. Garima Jain, Adv.
Mr. Abhishek Bharti, Adv.
Ms. Pratiksha Mishra, Adv.
Ms. Srishti Govil, Adv.
Ms. Vaishnavi Subranmanyam, Adv.
Mr. Rohitash Kr. Sharma, Adv.

For Respondent(s)

Mr. Rana Mukherjee, Sr. Adv.
Ms. Priyanka Das, Adv.
Mr. Charanya L. Kumaran, Adv.
Mr. A.K. Sharma, Adv.
Ms. Sheena Taqui, Adv.
Ms. Kanika Sharma, Adv.
Mr. Mukesh Kumar Maroria, AOR

UPON hearing the counsel the Court made the following
O R D E R

During the course of the hearing, the principal submission of the petitioners is that the recommendation of the Koshyari Committee for the grant of One Rank One Pension1 was endorsed by the Budgetary Speech of the Finance Minister on 17 February 2014 and by the Minister of Defence on 26 February 2014, following which the Controller General of Defence Accounts was directed to work out modalities. This was further re-affirmed on 10 July 2014 by the Finance Minister and on 2 December 2014 by the Minister of State for Defence. However, the Union government, on 7 November 2015, while implementing OROP adopted a modified definition of the expression under which the gap between the rates of pension of current and past pensioners would be bridged at “periodic intervals”.

The petitioners have highlighted specifically three aspects of the anomalies which have arisen. They are summarised in a written note of submissions tendered before the Court, which is extracted below:

“(i) Fixation of Pension on calendar year of 2013 instead of FY of 2014: Fixation of pension as per calendar year 2013 would result in past retirees (pre 2014) getting less pension of one increment than the soldier retiring after 2014.

(ii) Fixation of pension as mean of Min and Max pension: Fixing pension as mean of Min and Max pension of 2013 would result different pensions for the same ranks and same length of service and the past retiree would get 1.5 increment lesser on account of such fixation.

For example, if 8(i) and (ii) are implemented, two soldiers who have served for same length of years, holding the same rank will draw different pension. A Sepoy (Group Y) who retired prior to 31 Dec 2013 will get Rs.6665 p.m. and another Sepoy (Group Y) who retired on and after 1 Jan 2014 would get Rs 7605 p.m. Further, on account of such implementation, a higher rank Naik soldier who retired before 31 Dec 2013 would draw a lesser pension of rs.7170 p.m., than a junior rank Sepoy who retired after 1 Jan 2014 as his pension would be Rs.7605. This fact is illustrated by a tabular chart which is enclosed. (See Pg.1, CC).

Therefore, implementation of this new definition of OROP defeats the very principle of OPOP by creating a class within a class of the same officers, which in practice tantamounts to one rank different pensions. This is also contrary to the judgment by this Hon’ble Court in Union of India v SPS Vains, (2008) 9 SCC 125.

Another fallacy in the new definition of OROP which detracts from the principle of OROP is:

(iii) Pension Equalization every five years. It is submitted that Pension equalization every five years would result in the grave disadvantage to the past retirees.”

Certain concrete examples have been indicated in charts which are annexed to the note submitted before this Court by Mr Huzefa Ahmadi, learned senior counsel appearing on behalf of the petitioners.

At this stage, we are of the considered view that it would be appropriate if the Union government scrutinizes the grievances which are placed before the Court in the above note. It would be appropriate and in the interest of justice if these concerns, which have been expressed on behalf of personnel, who have served the nation as members of the Armed Forces of the Union before retirement, are duly considered by the Union government at an appropriate level.

We would expect the government to seriously consider the grievances and to determine whether and, if so, to what extent, justice can be provided for the satisfaction of all concerned.

List the Writ Petition on 6 August 2019.

(SANJAY KUMAR-I)                      (SAROJ KUMARI GAUR)
AR-CUM-PS                                      COURT MASTER

Circular No. 622

Dated: 03.04.2019

To,


1. The Chief Accountant, RBI, Deptt. Of Govt, Bank Accounts, Central Office, C-7, Second Floor, Bandre- Kuria Complex, P B No. 8143, Bandre East Mumbai- 400051
2. CMDs, All Public Sector Banks.
3. The Nodal Officers, ICICl/HDFC/AXIS/IDBI Banks
4. All Managers, CPPCs
5. Military and Air Attache, Indian Embassy, Kathmandu, Nepal
6. The PCDA (WC), Chandigarh
7. The CDA (PD), Meerut
8. The CDA, Chennai
9. The Director of Treasuries, All States
10. The Pay and Accounts Officer, Delhi Administration, R K Puram; and Tis Hazari, New Delhi.
11. The Pay and Accounts Office, Govt of Maharashtra, Mumbai
12. The Post Master, Kathua (J&K); and Camp Bell Bay.
13. The Principal Pay and Accounts Officer, Andaman and Nicobar Administration, Port Blair.

 

Subject:- Implementation of ‘One Rank One Pension’ to all Pre-01.06.1953 Defence pensioners and their families.

Reference:- GoI, MoD letter No. 12(1)/2014/D(Pen/Policy)-Part-II dated 3rd Feb 2016(Circular No. 555 dated 04.02.2016), Circular 557 dated 17.03.2016, Circular 580 dated 05.07.2017, Circular 581 dated 02.08.2017 and Circular 591 dated 13.11.2017.

*********

Pension Disbursing Agencies (PDAs) are aware that as per this office Circular No. 555 dated 04.02.2016, pension of Armed Forces Personnel is to be revised w.e.f. 01.07.2014 by the PDAs as per tables attached with the circular.

2. In continuation of the same, the rates of ordinary family pension, Special Family Pension, 2nd life award of SFP, Liberalized Family Pension, 2nd life award of LFP, Disability/Liberalized disability element for 100% Disability, War Injury Element for 100% disability (Invalid out cases) meant for post -53 retirees JCOs/ORs of Regular Army of Group “Y” may be allowed to the families of pre-53 retirees under OROP scheme.

3. Further, cases where data is not available with PDAs, the same may be referred to PCDA(P) Allahabad for issue of Corr. PPOs.

4. In view of the above, this office Circular No. 591 dated 13.11.2017 stands cancelled in toto.

5. This Circular has been uploaded on this office website www.pcdapension.nic.in for dissemination of all concerned.

(Sushil kumar Singh)
Addl. CDA (Pensions)

Office of the Principal CDA(Pensions)
Draupadi Ghat, Allahabad- 211014
Circular No. 618
Dated: 13/03/2019
To,
 
The Chief Accountant, 
RBI, Deptt. Of Govt. Bank Accounts, 
Central office C-7, Second Floor, 
Bandre- Kuria Complex, P B No. 8143,
 Bandre East Mumbai- 400051
  1. All CMDs, Public Sector Banks including IDBI Bank
  2. Nodal Officers, ICICl/ HDFC/ AXIS/ IDBI Banks
  3. Managers, All CPPCs
  4. Military and Air Attache, Indian Embassy, Kathmandu, Nepal
  5. The PCDA (WC), Chandigarh
  6. The CDA (PD), Meerut
  7. The CDA, Chennai
  8. The Director of Treasuries, All States
  9. The Pay and Accounts Officer, Delhi Administration, RK Puram and Tis Hazari, New Delhi
  10. The Pay and Accounts Office, Govt of Maharashtra, Mumbai
  11. The Post Master Kathua (J&K)
  12. The Post Master Camp Bell Bay
  13. The Pr. Pay and Accounts Officer, Andaman and Nicobar Administration, Port Blair
Subject: Implementation of Government decision on the recommendations of the Seventh Central Pay Commission- Provisions regulating Casualty Pensionary Award for Defence Forces pensioners/family pensioners-regarding.
Reference: This office Circular No. 570 dated 31.10.2016, Circular No. 582 dated 5.09.2017, Circular No. 585 dated 21.09.2017 and Circular No. 584 dated 07.09.2017.
Copy of GoI, MoD letter No. 16(3)/2017/D(Pen/Policy) dated 29th January 2019 on the above subject, which is self-explanatory, is forwarded herewith as annexure to this circular for further necessary action at your end.
2. As per ibid Govt. letter, it has been decided that following minimum ceiling shall be applied to the under mentioned casualty pensionary awards:
a. The Disability/Liberalized Disability/War Injury pension (i.e. total of service element plus disability/liberalized disability/war injury element as the case may be), shall be subject to minimum of Rs.18,000/- per month irrespective of degree of disability of the personnel.
b. The amount of special family pension,admissible to the families of Armed Forces personnel, shall be subject to a minimum of Rs.18,000/- per month.
c. The amount of liberalized family pension, admissible to the Child/Children of Armed Forces Personnel, shall be subject to a minimum of Rs.18,000/- per month.
3. All other provisions stipulated in above mentioned circulars which are not affected by the provisions of this letter, shall remain unchanged.
 
4. The provisions of this letter shall take effect from 01.01.2016
 
5. This circular has been uploaded on this office website www.pcdapension.nic.in for dissemination to all along with Defence pensioners and pension Disbursing Agencies.
No.Grants/Tech/05/LXXXI
Dated: 13/03/2019
(Sandeep Thakur)
Addl CDA (P)
 

The PM dedicated the memorial by lighting the flame positioned at the bottom of the stone-made obelisk. Rose petals were showered by IAF helicopters and a fly-past in 'Missing Man' formation was also part of the event.

Spread over 40 acres in the India Gate complex, the memorial has been executed at a cost of Rs 176 crore and its design was selected through a global competition.

war memoria

The central part of the sprawling complex has been built in a sunken plot as the design had to respect the heritage look of the India Gate's Central Vista, officials said.

The names of 25,942 battle casualties have been inscribed across 16 walls that consist of granite pieces bearing the name, rank and regiment of the fallen heroes, the officials said, adding that it was built between February last year and this February in "record time"

Besides, the main complex, a Param Yoddha Sthal has also been built on the northern side of the India Gate's C-Hexagon area. The park is dotted with bronze busts of the 21 awardees, fifteen posthumously, of the Param Veer Chakra, country's highest wartime gallantry medal.

The India Gate itself is a war memorial built during the British Raj as the All India War Memorial Arch to honour the soldiers who died in the First World War (1914-1918) and the Third Anglo-Afghan War (1919). The landmark has the names of soldiers inscribed on its surface.

KIND ATTENTION OF VETERANS AND FAMILIES.

Regarding Revision of pension as per 7th CPC- Notional  fixation / concordance  Tables –CDA cir 608, the particulars  like Rank, Group and qualifying service is required.

Now it is understood from Banks  as well as Record Offices  that , the data's are incomplete  for many veterans and families.

Hence, Record offices could not provide the required particulars to PCDA for issuing  revised PPO ( e PPO) .

This is reflected in  the latest CDA cir 617  dt 6-2-2019.

All veterans and families are advised to send your full particulars as per the given format to your Respective Record Office immediately for early revision of Notional fixation of pension..

...........................................................xxxxxx............................................................

 

Wednesday, 09 January 2019 19:02

Assured Decent Last Rites Scheme (ADLRS)

Assured Decent Last Rites Scheme (ADLRS) was launched in May 2006 to provide all willing veterans a honourable funeral as a befitting tribute/farewell from the Army during their last journey. This scheme is an endeavour by the Indian Armed Forces to ensure that the veterans get an honourable funeral and a befitting farewell from the Defence Services during their “last journey”. In a well-knit Indian society, the need for an outside agency to conduct the desired rituals and provide financial assistance for performing the last rites may just not arise. But instances are there where the family/society fails to live up to the situation. It is here, that the Army as an organization needs to step in, in recognition of the services rendered and to further boost the morals of the veterans, by conveying the message that the Army is there to look after them till the end.

Concept

The basic thematic consideration behind this scheme is that it is our moral obligation to ensure decent last rites to the veterans who were once our comrade-in-arms. The concept in nutshell entails having an organization for ADLR Scheme at each CSD Canteen where veterans are attached. On intimation of the demise of a veteran, the field staff will move to his residence, contact his family members and provide ‘on the spot’ assistance required by the family and where situation demands, will organize the last rites themselves. They will also inform other veterans of the area, the time and place of last rites. The field staff will assist the family in organizing a decent funeral and lay a wreath on behalf of the Chief of the Army Staff (COAS) where possible. Depending on the status of the deceased, the Welfare Officer will organize a befitting farewell by raising the level to the Station Commander. The scheme will, primarily be, financed and executed by the CSD Canteen on which the deceased veteran was last dependent.

Guidelines And Procedural Aspects

Eligibility. All willing veterans including officers, JCO’s and OR and their widows irrespective of service (Army/Navy/ Airforce/Assam Rifles) holding valid canteen cards and are dependent on the Army run CSD Canteen will be eligible for ADLR Scheme. The Army veterans, who are dependent on Air Force, Navy CSD Canteen and are willing to the said scheme, may be advised to get themselves registered with the nearest Army run canteens so as to avail of the benefit.

A grant of upto Rs 10000/- (Rupees ten thousand only) will be paid soonest on receipt of information of the death of the veteran/ receipt of the death certificate within one year to the next of kin for assisting in organizing decent and honourable last rites of the veteran. In the absence of next of kin (NOK) or on the request of the family the responsibility of organizing the last rites will be taken on by the field staff.

For more effective implementation, the NOK/dependent/relatives of the deceased will contact Army Est/Unit located in the close proximity and the amount will be paid by the unit to the NOK. The said amount will be re-imbursed to the unit from the dependent URC of the veteran.

If the death of the veterans occur at a station, which is different from that of dependent canteen, or the veteran not being registered with a local canteen then following to be implemented:-

  • If a veteran passes away in a different station, he will be paid ADLRS amt by the nearest canteen. This amt can be claimed from the dependent canteen of veteran later on.
  • In case a veteran is not registered with Canteen for ADLRS, he will be paid ADLRS amt by the nearest Stn HQ.

Process for Claiming ADLR

The following Documents would be required to be submitted by the next of kin of the deceased veteran to the dependent CSD for claiming ADLRS

  • Death Certificate                                                                        – 02 Copies
  • Identity Card of Card Holder                                                   – 02 Copies
  • Identity Card of Next of Kin                                                     – 02 Copies
  • Passport Size photograph of Next of Kin                              – 03 Copies
  • NOK Registration form(Click Here to Download             – 02 Copies
  • Photocopy of front page of Bank Passbook                          – 02 Copies
  • Cancelled Cheque leaf showing IFSC and MICR of Bank     – 01 Copy

Disclaimer: The above are only guidelines, for actual process contact Dependent CSD Canteen/Veterans Cell or visit Indian Army Veterans Portal by clicking here

No.1(15)/2012/D(Pen/Pol)
Government of India/Bharat Sarkar
Ministry of Defence
Department of Ex-Servicemen Welfare
(Pension/Policy)
Dated 6th February 2019
To
The Chief of the Army Staff
The Chief of the Navil Staff
The Chief of the Air Staff
 
Subject : Implementation of the Government decision on the recommendations of the Sixth Central Pay Commission – Pension of Personnel Below Officer Rank (PBOR) discharged from service on or after 01.01.2006.
 
The undersigned is directed to refer to the provisions contained in this Ministry’s letter No.17(4)/08(2)/D(Pen/Policy) dated 18.08.2010 as amended vide this Ministry’s letter No.17(4)/2008/D(Pen/Policy) dated 20.09.2012 under which a note below Para 3(v) of the ibid MoD letter dated 18.08.2010 was inserted regarding non-applicability of provisions of letter dated 18.08.2010 to JCOs granted Honorary Commission as Leiutenant and Captain.
 
2. Further, in supersession of the provision contained in this Ministry’s letter No.17(4)/2008(2)/D(Pen/Policy) dated 20.09.2012, letter No.1(15)/2012/D(Pen/Policy) dated 17.01.2013 was issued under which it was decided that the provisions of MoD letter dated 18.08.2010 are also applicable to post 01.01.2006 JCOs/Ors granted Honorary Commission as Lieutenant and Captain with effect from 24.09.2012.
 
3. The President is now pleased to decide that provisions of this Ministry’s letter dated 18.08.2010 shall also be applicable to post 01.01.2006 JCOs/ORs granted Honorary Commission as Lieutenant and Captain. The notional pay in the revised pay structure for these ranks shall be worked out by adding pay in the revised pay band corresponding to the Fixed pay of Fifth CPC (in terms of Para 9(a) (i) of SAI 1/S/2008 as amended and equivalent instructions for Navy & Air Force)” plus the Grade pay and Military Service Pay introduced under Sixth CPC revised pay structure.
 
4. In view of the above, the note below Para 3(v) of this Ministry’s letter No. 17(4)/08(2)/D(Pen/Policy) dated 18.08.2010 inserted vide this Ministry’s letter No. 17(4)/2008(2)/D(Pen/Policy) dated 20.09.2012 may be considered as deleted.
 
5. The financial benefit in past cases shall be granted from 01.01.2006 or date of discharge/invalidment, whichever is later. In this regard, concerned PSA’s would suo-moto issue Corr PPO based on the data of post 2006 retired Hony Commissioned Officers held with them.
 
6. All other terms and conditions shall remain unchanged.

They claim several allowances have not been sanctioned

In his Budget speech last week, Finance Minister Piyush Goyal said the government had implemented the long-pending One Rank One Pension (OROP) scheme and increased other allowances for soldiers. But the remark has not enthused the veterans. A section of them says several other allowances, like Non-Functional Upgrade (NFU), have not been sanctioned yet.

“The previous government announced it [OROP] in three Budgets, but sanctioned a mere ₹500 crore in the 2014-15 interim Budget; in contrast, we have already disbursed over ₹35,000 crore after implementing the scheme in its true spirit,” Mr. Goyal had said.

Indian Ex-Servicemen Movement chairman Maj. Gen. Satbir Singh (retired), who has been spearheading a protest for removing the anomalies in OROP, said the comments were “misleading.” “Mr. Goyal is misleading the ex-servicemen and the nation. He has not given the break-up of the ₹35,000 crore that he said was disbursed.”

As for the other allowances, Mr. Goyal had said the government had also announced a “substantial” increase in the Military Service Pay of all service personnel, and in the special allowances given to naval and Air Force personal deployed for high-risk duties.

The NFU has been one of the core anomalies, raised by the services, in the Seventh Pay Commission’s recommendations, which are yet to be implemented for the services. The matter is in the Supreme Court.

Maj. Gen. Singh explained that as per the calculations, OROP entailed ₹5,500 crore a year on the government in the current form and ₹8,300 crore if it was implemented as per the accepted definition. As for the arrears, OROP had been implemented since 2014, and the arrears were for only two years. “So the figure of ₹35,000 crore is misleading, and Mr. Goyal should explain it.”

Army may request govt. for review

A long-term demand of the armed forces for enhancing the Military Service Pay (MSP) of Junior Commissioned Officers (JCO) has been rejected by the government, defence sources said on Tuesday.

The demand was for increasing the MSP from ₹5,200 to ₹10,000 a month, for which the financial obligation on the government would be ₹610 crore, another defence source said.

There are around 1.12 lakh JCOs and equivalent officers in the three services, of which around 88,000 are from the Army. Presently there are two levels of MSP, one for Officers and another for JCOs and ORs. The demand has been to create a slab of higher MSP for JCOs because they are Group B gazetted officers and cannot therefore be equated with ORs.

MSP was introduced in the 6th Pay Commission and is paid to service personnel for the unique hardships they face in the line of duty.

In the seventh pay commission, the MSP was ₹5,200 for JCOs and ORs and ₹15,500 for officers from Lieutenant to the rank of Brigadier.

Several military officers expressed disappointment at the decision. The Army is likely to request the government for a review.

PTI adds...

Around 1.12 lakh military personnel, including 87,646 JCOs and 25,434 personnel of equivalent rank from the Navy and the Indian Air Force, will be affected by the decision.

The MSP for the military personnel was introduced recognising their unique service conditions and hardships.

“The proposal for higher MSP for JCOs and equivalent rank of the Navy and IAF has been rejected by the Finance Ministry,” said a source.

“Since JCOs are Group B gazetted officers and also have considerable length of service, it is incorrect to grant them MSP on par with the jawans. It is very unfair,” said a military officer who wished not to be named.

The Army had taken up the issue strongly with the Defence Minister and the three services as well as the Defence Ministry were on the same page on the issue, the sources said.

In November last year, the Army clarified JCOs are gazetted officers and cancelled a seven-year-old note describing them as “non-gazetted” officers.

The decision by the Army came amid growing resentment among a large section of its officers over the controversial issue of rank-parity between them and their civilian counterparts in the service headquarters.

Central Organisation ECHS
Adjutant General’s Branch
Integrated Headquarters of
MoD (Army),Maude Lines,
Delhi Cantt- 110 010
B/49711-IT/AG/ECHS 
05 Nov 2018
------------
(All Record Offices (Army, Navy & Airforce)
MP -5 / 6
MP-8
Coast Guard
 
VERIFICATION OF ONLINE APPLICATION FOR ECHS CARDS BY RECORD OFFICE
 
 
l. The process of making of new 64 Kb ECHS Card by an EX-Servicemen is initiated by the ESM by filling an online application form. ESM fills full details of self and dependents and uploads the required documents and photographs. Then ESM is required to make online payment through the payment gateway. Alter payment is made the application is visible to respective Record Offices for verification.
 
2. The application is verified by the Record Office after which there is no human intervention and the Cards are automatically printed. Hence, incase incorrect data is uploaded emneously by the ESM and the same is verified by respective records then the Card is printed with wrong data e.g. Date of Birth. name etc. Once the ECHS Card with wrong data is used by the beneficiary in case of emergency, ESM may be for once denied treatment/admission by an empanelled hospital, which may have sever repercussion leading to litigation.
 
3. A large number of complaints have been received from the environment where new 64 Kb Cards have been printed with wrong data. it is reiterated that although the onus to fill onlinc application for ECHS Card correctly is with the ESM but from the organizational point of view Record Office is the final authority to verify the correctness of all data including photo, PPO etc.
 
4. In view of the above. it is requested that Records Offices may please ensure that all fields in the application form filled by the ESM for new 64 Kb ECHS Smart Card be scruitinized with delibration to ensure error free verification.
 
5. This letter may please be put up to respective CROs.
Sd/-
(Rakesh Kakar)
Jt Dir (Stats & Automation)
for MD ECHS
Page 1 of 5


Newsletter

Do you want to be informed on publishing new article?




Does ECHS provide quality medicare to the retired Jawans?
  • Votes: (0%)
  • Votes: (0%)
  • Votes: (0%)
  • Votes: (0%)
Total Votes:
First Vote:
Last Vote:
OROP CASE INTERIM ORDER BY SUPREME COURT

OROP CASE INTERIM ORDER B...

ITEM NO.1 COURT NO.9 SECTION X S U P R E M E C O U...

OROP to all Pre-01.06.1953 Defence pensioners & their families : PCDA Circular No. 622

OROP to all Pre-01.06.195...

Circular No. 622 Dated: 03.04.2019 To, 1. The Chie...

7th CPC Casualty Pensionary Awards - Minimum Pension @ Rs.18000/- w.e.f. 01.01.2016

7th CPC Casualty Pensiona...

Office of the Principal CDA(Pensions) Draupadi Gh...

2747746
Today
Yesterday
This Week
This Month
Last Month
All days
2480
3015
8155
98705
329161
2747746

Your IP: 34.238.189.171
21-08-2019 18:48