7th Pay Commission – DAPWA Charter of Demands - Indian Military Veterans



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Jan 22, 2014

7th Pay Commission – DAPWA Charter of Demands

Indian Military Veterans

7TH PAY COMMISSION – DEFENCE ACCOUNTS PENSIONERS ASSOCIATION CHARTER OF DEMANDS

Defence Accounts Pensioners Welfare Association (Regd.)
7th Central Pay Commission - DAPWA – CHARTER OF DEMANDS
It is now three months that the Government announced setting up of the Seventh Central Pay Commission. The names of the Chairperson and members as well as the terms of reference (ToR) are yet to be announced. 
The fourth, fifth and sixth Central Pay Commission’s recommendations were implemented as follows: 4th CPC 1.1.1986; 5th CPC 1.1.1996; 6th CPC 1.1.2006
The average time taken by a Pay Commission to submit its recommendations has been about two years. Accordingly, allowing about two years for the 7th CPC to submit its report, the recommendations are likely to be implemented with effect from 1.1.2006.
CHARTER OF DEMANDS
A study has established that 6th CPC based increase in pension has not been uniform for all pay scales as compared to the scales of 5 CPC. It has been observed that at the lower level, the increase in pension has been much lower. In respect of PB-1, the increase in pension was 1.86% over 5th CPC scales (5200 is 1.86% of 2750 the lowest of corresponding 5th CPC scale), in case of PB-2 the situation is same (1.86%), whereas in the case of PB-4, it is 2,6%, and in higher scales HAG, it ranges minimum 3% and more. We seek equitable and uniform increase in all cases.
Pension calculation formula should be simple & uniform. It should be directly related to last pay drawn with simple equation such as 50% of last basic pay plus DR and family pension 30% of last basic pay plus DR. For pre 2016 pensioners notional pay fixation should be done & there should be common multiplication factor for all the pensioners.
1. Merger of 50% DR with basic pension w.e.f 1st Jan 2014. Presently DR is 90% and from 1st Jan, 14 is expected to be above 10%.
2. We seek full parity between past and future retirees. Any improvement in service conditions introduced for serving employees, such as full pension at 10/20 years service must be extended to past pensioners/retirees.
2. We seek Old age pension to start from the age of 65 years, as is the case in Punjab and some other states and additional pension should be granted on yearly basis instead of five years.
3. The rates of pension should be minimum 60% of last pay drawn, and that of Family pension
4. The distinction between organized cadres and others must be done away with. All employees of central Govt. must be treated equally, and any incentive, such as NFU must be extended to all similarly placed personnel.
5. Pensioners must be provided with adequate Medical facilities by providing medical insurance cover and enlarging the coverage of private empanelled hospitals and by appointing medical specialists. If need be retired medical specialists may be appointed in CGHS Dispensaries.
6. Defence civilian pensioners must be extended CSD canteen facilities which they enjoy during their service tenure.
7. LTC Facility be provided to the pensioners on the pattern of Punjab Government rules.
8. Enhanced of Fixed Medical Allowance (FMA) from present Rs.300 to Rs.2500. There can’t be & must not be allowed discrimination between different two sets of pensioners (pensioners ofLabour Ministry are being Paid Rs 2000.
9. Income tax exemption limit should be raised to Rs.5lacs for sr. citizen pensioners.
10. Enhanced family should be paid for 10 years even in the case of death after retirement.
Note: This has since been unanimously passed in Monthly meeting of DAPWA held on 1st Dec, 2013.

14 comments:

  1. Merger of 50% DR with basic pension w.e.f. 1st Jan 2011. Presently DR is 90% and from 1st Jan, 14 is expected to be above 10%. DA IS MOTHER OF ALL ALLOWANCES. AS SERVING PERSONALS GOT ALL OTHER ALLOWANCES ENHANCED ON BASIS OF DA AT 50% BY 25% THAN HOW CAN YOU FORGET MERGING DA IN PAY/PENSION AS DP TO PENSIONERS

    ReplyDelete
  2. ... Restoration of commuted portion of pension in 12 years:
    Restoration of commuted value of pension in 12 years: Commutation value in respect of employee superannuating at the age of 60 years between 1.1.1996 & 31.12.2005 and commuting a portion of pension within a period of one year would be equal to 9.81 years Purchase. After adding thereto a further period of two years for recovery of interest in terms of observation of Supreme Court in their judgment in writ petitions No 395-61 of 1983 decided in December 1986. It would be reasonable to restore commuted portion of pension in 12 years instead of present 15 years. In case of Person superannuating at the age of 60 years after 31.12.2005 Refund Excess Recovery of Commuted Pension by the Govt
    As per extant rules, commuted pension is restored after 15 years after the Govt makes full recovery of the commuted amount with interest. This period of 15 years is arbitrary, hypothetical and without any mathematical basis. Calculations show that the recovery exceeds much more than the dues
    category of retirees (who retired between 1996 and 2005): Those who retired 15 years ago have already repaid the entire amount with interest. The excess amount recovered should be refunded to them with the same rate of interest, i.e. 4.75% p.a. For others, the recovery should be stopped and full pension should be restored after completion of 12.08 years

    ReplyDelete
  3. Age related additional pension: In their Para 5.1.32, the 6th CPC agreed that older pensioners require a better deal because their needs, especially those relating to health, increase with age. Accordingly, the Commission recommended that quantum of pension available to the old pensioners should be increased as follows:-
    On attaining age of Additional quantum of pension
    80 years - 20% of basic pension
    85 years - 30% of basic pension
    90 years - 40% of basic pension
    95 years - 50% of basic pension
    100 years - 100% of basic pension
    We seek Old age pension to start from the age of 60 years, as is the case in Punjab and some other states and additional pension @ 5 % should be granted on yearly basis instead of five years. THE MEN DIE IN ALL STATES BELOW 66 YRS EXCEPT KERALA WHERE IT IS 70 YRS
    RECOMMENDED
    AT 6I YRS –INCREASE AS 25 % & FURTHER INCREASE EVERY YEAR RISE BY 5%, THUS AT AGE OF 75 YRS IT SHOULD BE 100% [ONLY LUCKY ONES MAY GET IT]Region Life Expectancy at Birth Population > 65 years
    World 66 years 7%
    India 60 - 61 years 4%
    Japan 77 - 84 years 17%
    • STATE TOTAL MALE FEMALE
    • Andhra Pradesh 63.1 61.6 64.1
    • Assam 57.2 57.1 57.6
    • Bihar 60.2 60.7 58.9
    • Gujarat 62.8 61.9 63.7
    • Haryana 64.5 64.1 65.0
    • Himachal Pradesh 65.6 65.1 65.8
    • Karnataka 64.0 62.4 65.5
    • Kerala 73.5 70.6 76.1
    • Madhya Pradesh 56.4 56.5 56.2
    • Maharastra 65.8 64.5 67.0
    • Orissa 57.7 57.6 57.8
    • Punjab 68.1 66.9 69.1
    • Rajastan 60.5 59.8 60.9
    • Tamilnadu 64.6 63.7 65.7
    • Uttar Pradesh 58.4 58.9 57.7
    • West Bengal 63.4 62.8 64.3
    • India 61.7 60.8 62.5


    ReplyDelete
  4. To enable pensioners, at the far end of their lives, to live in minimum comfort and to cater for ever rising cost of living, they may be spared from paying Income Tax. We, therefore demand that pension should be net of income tax as recommended by 5th CPC, vide their Para 167.11
    EVEN PUNJAB MINISTERS DO NOT PAY TAXES BUT TREASUARY PAYS THEIR INCOME TAX

    ReplyDelete
  5. The rates of pension should be minimum 60% of last pay drawn, and that of Family pension as 60% of above.Whatever parity ensured by the IV and V CPCs has been negated by the notification-dated 1.9.2008.
    This is a clear infringement of the Fundamental Right guaranteed under article 14 of the Constitution as held by the Honourable Supreme Court in 1983 1 SCC 305 Constitution bench - O.S. Nakara and Others Vs Union of India stating in no uncertain terms that the case of retirement of an employee cannot form a valid criterion for classification, for if that is the criterion, those who retired by the end of the month will form a class by themselves, that the fixation of a cut-off date as a result of which equals were treated as unequal, was wholly arbitrary and that the class of pensioners could not be decided for the purpose of entitlement and payment of pension into those who retired by a certain date and those who retired thereafter and holding such division is both arbitrary and unprincipled which did not stand the test of Article 14 of the Constitution.
    Therefore it is urged that the fitment weight age given to the pre 2006 pensioners and family pensioners may be modified by extending the benefit of the new pay scales given effect to from 1.1.2006 and fixing their pay notionally on per with the employees who were in service on 1.1.2006 as was done in the case of pre 1986 pensioners to maintain and ensure parity of pension among all pensioners and family pensioners irrespective of the date of retirement or the death of the pensioners.

    ReplyDelete
  6. The fair and just pay scales and pay grades should be as given below to bring the army ranks on par with the civil services


    Rank Pay Band Grade pay
    Sep PB-1 1900
    Lance Naik PB -1 2400
    Naik PB - 2 4200
    Havildar PB - 2 4200
    Nb Subedar PB- 2 4800 (5400 after 4 years)
    Subedar PB -2 6400
    Subedar Major PB - 2 6400
    2nd Lt PB- 3 5400
    Lt PB - 3 6600
    Capt PB- 3 7600
    Maj PB- 3 8700
    Lt Col PB - 4 10000
    Col PB- 4 12000
    Brig PB -4 12000[ THEIR IS NO EQUIVALENT RANK IN CIVIL]
    Maj Gen 80000 Status Special Secretary to Government of India
    Lt Gen 80000 Status Secretary to Government of India
    Lt Gen (Army Cdr 80000 Status Principle Secretary to the Government of India


    Some of the bureaucrats will say that this will result in changing of the equation that has existed since pre independence days where Maj Gen and Brig is equated with IG and DIG. My answer is the IG and DIG that the Maj Gen and DIG were equated with are rechristened as DG and ADG today.





    ReplyDelete
  7. NFU STATUS NORMS NOT GIVEN TO ARMY SO FAR,WHICH ALL OTHER ENJOY, PUT ALL SELECTION GRADE COL ,BRIG,MAJ GEN IN HAG SCALE[Higher Administrative Grades]DIG WAS ONE TIME JUNIOR TO Lt COLColonel has been equated with Non-Functional Selection Grade (NFSG). The rank of a DIG who was till date between a Lt Colonel and a Colonel is now officially equal to a Brigadier. Both are now on a Grade Pay of Rs 8900. DIG HAS BEEN PUT AT PAR WITH BRIG[IT IS WORTH MENTIONING THAT POLICE HAS GONE ONE RANK UP ALREADY DURING COAS MALHOTRA TIME. HE DID HIS BEST TO REVERSE POLICE ACTION, BUT COULD NOT DO SO & DID NOT UPGRADE RANK OF HIS FORCES.NOW FURTHER DEGRADATION & MOD/ARMY IS NOT REACTING
    TO-DAY BRIG EQUAL IS TO ONLY DIG[ WHO IS JUNIOR TO COL] IN INTER-SE SENIORITY SO COL HAS NOW BECOME JUNIOR TO DIG ,[FOOLS PARADISE] COMMAND & CONTROL STRUCTURE WILL RUPTURE OF AID TO CIVIL POWER/RR/ASSAM RIFLE KINDLY RESTORE PRESTIGE & RANK OF COL BY PUTTING COL IN HIGHER BAND TO DIG Remember in the IV CPC recommended the same pay for Director, Lt Col and DIG. After protests from the Police, pay of both Lt Col and DIG were increased at the time.
    SUPREME COURT HAS TOLD TO GOVERNMENT TO TAKE CARE OF PAY SCALE OF COL/BRIG COL SHOULD BE MOVED TO THIS SCALE SO AS TO AVOID COMMAND & CONTROL PROBLEM IN RR/ASSAM RIF & AID TO CIVIL POWER.
    SEE HOW MAJ WERE GIVEN FIRST TIME SCALE LTCOL RANK& LATER ON BROUGHT AT PAR WITH LT COL SELECTION GRADE SEE HOW MAJOR HAS BEEN BENEFITTED . MOREOVER NOW THEY HAVE BEEN MOVED FROM PB-3 TO PB-4 WHICH IS UNDEMOCRATIC . & VIOLATION OF ARTICLE 14 QUATED ABOVE.
    BULK OF ARMY OFFICER WILL NOT TAKE NOW WAR RISKS, AS THEY KNOW THEY ARE MORE BENEFITED BY NOT WORKING & NOT GOING UP THE LADDER IS MORE BENEFICIAL, AS THERE IS HARDLY ANY DIFFERENCE IN COL[TS] & COL[SELECTION]. SO WHY BOTHER ATTITUDE WILL PREVAIL.A DANGEROUS SITUATION FOR ARMY.ENORMOUS BENEFIT TO TIME SCALE MAJ THAN TIME SCALE LT COL [ALL PROMOTION NO RISK]A. ALL IAS & IPS OFFICER RETIRE IN SUPER TIME SCALE, BUT IN ARMY COL[SELECTION]& BRIG RETIRE IN MUCH LOWER SCALE AND DENIED THEIR BAIC FUNDAMENTAL RIGHT OF EQUALITY[ INSPITE OF DIFFICULT WORKING CONDITION IN FAR REMOTE AREA AWAY FROM CIVILISATION2. THE BULK OF ARMY OFFICER RETIRES IN LtCOL [TS] RANK & BELOW.SO IDEALLY THEY SHOULD BE IN SUPER TIME SCALE.
    3. COL [SELECTION GRADE] SHOULD BE ABOVE SUPER TIME SCALE, SO IS BRIG, BUT IN REALITY IT IS NOT SO. THEY ARE BEING PAID DEGRADED PAY & PENSION.

    ReplyDelete
  8. RESTORE STANDARD DEUCTION: STANDARD DEDUCTION TAKEN AWAY BY OUR SMART FM : IT WAS APPLICABLE FOR SIX DECADES BUT WAS TAKEN AWAY BY EX FM PC.IT IS UNJUST AND UNDEMOCRATIC ACT AND SHOULD BE RE-INTRODUCED.
    22[ INCOME TAX EXEMPTION TO SENIOR CITIZENS
    FIRST MAKE IT AMEND FROM 1/1/2006
    A] KINDLY PROVIDE BASIC INCOME TAX EXEMPTION TO SENIOR CITIZEN UP TO 5 LACS IN FY 2004-05 SR CITIZEN TAX BENEFIT OF RS 20000 AS COMPARED 2005-2006 OTHERS WERE RAISED TO 100000 SR TO 185000 SO ACTUAL RELIEF CAME TO 12000 INSTEAD OF 20000.THERE AFTER REDUCED FURTHER EVERY YEAR NOW DIFFERENCE IS ONLY 5000.THIS YEAR RELIEF INCREASED TO OTHERS BY 20000 AND ZERO TO SENIOR CITIZEN. COMPARISON TO 2004-2005 FOOD INFLATION HAS GONE 5 TIMES & MEDICAL TIMES. HENCE GOVERNMENT PROVIDE TAX EXEMPTION AS 5 LACS
    B] NOW IN 7th CPC EXEMPT FULL PENSION. THE AVERAGE INDIAN AGE IS 60-61 YEARS,, SO GRACE AGE IS BY GOD & DO NOT TAX THEM
    23] ONE RANK ONE PENSION .PM/FM/RM/COAS ALL SAY IT HAS BEEN ACCEPTED & APPROVED BUT LETTER OF IMPLEMENTATION NOT YET ISSUED FOR PAYMENT, KINDLY ISSUE ONE RANK ONE PENSION IMPLEMENTATION LETTER APPROVED BY GOVERNMENT

    ReplyDelete
  9. [ KINDLY PAY YEARLY INCREMENT AT HALF RATE OF SERVING i.e 1.5 % as pension is a deferred wage. DENIAL OF YEARLY INCREMENT IN PENSION [WHICH SHOULD BE 1.5% OF BASIC PENSION] THE SERVING GET YEARLY INCREMENT BY 3 %, PENSION BEING DEFERRED WAGE THAN IT SHOULD BE GIVEN TO PENSIONER TOO. PENSIONER’S ARE NEITHER GIVEN YEARLY INCREMENT NOR CORRESPONDING DA RISE DUE TO YEARLY INCREMENT. HENCE A TREMENDOUS FURTHER LOSS TO PENSIONER.
    ‘The increment is an increase in pay for each year in a particular date. As per 6th CPC the annual increment has been granted on 1st July of every year and the qualifying period for earning an increment is six months on 1st July. One increment is equal to 3% (three per cent) of the sum of the pay in the pay band and the grade pay will be computed and rounded off to the next multiple of ten.
    As per the Rule No.13 of CCS (Revised Pay) Rules 2008, “In the case of calculation of increments under the revised pay structure, paise should be ignored, but any amount of a rupee or more should be rounded off to next multiple of 10.’

    ReplyDelete
  10. DA SHOULD NOT BE TAXED: IT IS UNJUSTIFIED TO TAX DA. BY TAXING THE DA, EMPLOYEES ARE DENIED THEIR LEGITIMATE RIGHT TO FIGHT INFLATION AS A PIE IS TAKEN AWAY FROM THEIR PLATE BY INCOME TAX. IT WAS NOT BEING TAXED FOR SIX DECADES, BUT SMART EX FM PC HAS TAXED THE DA AT HIS OWN WISDOM & NO WHEN RESISTED/CONTESTED.KINDLY DONOT TAX DA.

    19[ SC RULING HAS NOT BEEN IMPLEMENTED SO FAR, KINDLY PAY AS GIVEN IN VERDICT.
    WRONG FITMENT OF PENSION OF PRE 2006 RETIREES: CAT HAS GIVEN DECISION VIDE: OA 655 - 2010 ON 1/11/2011 IN FAVOUR OF PRE-2006 RETIREES BUT NOT YET IMPLEMENTED, CONTEMPT OF COURT PETITION FILED KINDLY ISSUE IMPLEMENTATION LETTERS
    Principal Bench of Central Administrative Tribunal (CAT) has come to the rescue of pre-2006 pensioners in this aspect by pronouncing judgement to the effect that O.M dated 14.10.2008 is quashed and revised pension fixation has to be done to the Pre-2006 pensioners on the basis of as per the resolution dated 29.08.2008.

    7.In view of what has been stated above, we are of the view that the clarificatiory OM dated 3.10.2008 and further OM dated 14.10.2008 (which is also based upon clarificatiory OM dated 3.10.2008) and OM dated 11.02.2009, whereby representation was rejected by common order, are required to be quashed and set aside, which we accordingly do.
    Respondents are directed to re-fix the pension of all pre-2006 retirees w.e.f. 1.1.2006, based on the resolution dated 29.08.2008 and in the light of our observations made above. Let the respondents re-fix the pension and pay the arrears thereof within a period of 3 months from the date of receipt of a copy of this order. OAs are allowed in the aforesaid terms, with no order as to interest and costs.

    (Dr. Veena Chhotray) (M.L. Chauhan) (V.K. Bali)
    Member (A) Member (J) Chairman

    ReplyDelete
  11. SUBSEQUENT PAY COMMISSION FIXES PENSION AT MINMUM PENSION IN THE PAY BAND RATHER THAN THE CORRESPONDING PAY BAND/SCALE FROM WHICH THE RETIREE HAS RETIRED.
    THERE IS TREMENDOUS LOSS TO PENSIONER & LARGE CHUNK OF MONEY GOES TO THE GOVERNMENT. THE BASIC PRINCIPAL OF EQUALITY IS VIOLATED & PENSIONER IS DENIED HIS BASIC RIGHT OF FULL PENSION WHICH GOVERNMENT HAS SANCTIONED AT TIME OF RETIREMENT. IT IS AGAINST LAW OF LAND.IT HAS CASCADING EFFECT

    A] HENCE THE GRADE PAY IS GIVEN AT LOWER RATE,BECAUSE PENSION IS GIVEN AT A LOWER RATE.SO PENSIONER SUFFERS
    FURTHER LOSS
    B]ACCORDINGLY DR/DA IS REDUCED; AS basic pension is lowered, THE DA IS ALSO GIVEN LESS YEAR BY YEAR AS DA IS ON LOWER PENSION FIXED.
    SO PENSIONER SUFFERS FURTHER LOSS

    ReplyDelete
  12. PENSION IS A DEFERRED WAGE; A PENSIONER IS AUTHORISED PENSION AT RATE 50 % OF AVERAGE PAY LAST DRAWN IN TEN MONTHS & FAMILY PENSION @ 30%
    2. The Supreme Court in the case of D.S. Nakara [(1983)25CR 165] has laid down the following principles.

    I). The date of retirement cannot constitute a valid criterion for determination of pension and any classification or division made on such basis will be violative of Article 14 of the Constitution
    ii). Where all relevant considerations are the same i.e. persons holding identical posts cannot be treated differently in the matter of their pay while service, so also they cannot be treated different, when they have retired
    iii). In the matter of determination of pension the object sought to be achieved is not to create a class within a class, but to ensure that benefits of pension are made available to all persons of the same class equally.
    In the latest judgment of the Supreme Court, in the case of S.P.P. Vain (J T 2008(10) SC 399) it has been further held that the pensioner’s pay is to be fixed notionally at the rate given to similar serving employee on the cut off date and thereafter the quantum of pension is to be determined from that date.

    ReplyDelete
  13. Thus health care is not only a welfare measure but is a Fundamental Right. As all the pensioners, irrespective of pre-retiral class and status, belong to same category of citizens & the same homogenous group. There should be no class or category based discrimination and must be provided Health care services at par with IAS & ex Ministers.
    16] THE ABROAD TREATMENT SHOULD BE EXTENDED TO ALL AS IN CASE OF BABUS & NETAS

    ReplyDelete
  14. WORLD OVER ARMY IS PAID 75 % OR 100 % OF PAY, SO AT LEAST PAY 75 % OF PAY AS PENSION ALONG WITH ALL OTHER ALLOWNNCES. . PENSION TO BE 75 PERCENT OF BASIC PAY FOR ARMY; INDIAN ARMY IS ON DESIGN OF BRITISH ARMY. TILL 1955 ARMY PENSION WAS ON SAME LINE. BUT CIVIL BABU'S TOOK IT AWAY. IT SHOULD BE RESTORED AND BE PAID AS PAR WITH BRITISH COUNTER PART OR LIKE OTHER COUNTRIES. INDIAN OFFICER HAS TO FIGHT WAR; YOU CANNOT REPLACE INDIAN OFFICER WITH OFFICER FROM OTHER COUNTRIES. PREVIOUSLY PRINCELY /ELITE FAMILIES USED TO SEND PERSON TO FORCES, NOW CREAMY LAYER IS NOT COMING TO ARMY DUE TO POOR PAY PACKETS & DOWNGRADATION OF ARMY IN INTER-SE-SENIORITY

    ReplyDelete

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