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Tuesday, 7 June 2016

LETTER TO JS DESW ON INCORRECT PENSION : OROP (MIN MAX OF BASE YEAR 2013)

Indian Military Veterans


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PCDA (P) Allahabad letter dt 19 APR 16_Calculation o.pdf

CLICK ABOVE TO READ THE LETTER
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Dear Smt Damayanthi Garu,

1.   Trust intelligence and logic of these DAD personnel and you will have this kind of illegal, incorrect and blatantly false fixation of pension of all ranks in OROP. I am aghast at low level of intelligence of these DAD persons and amused at the way they work out important issue like OROP pension. This is because they are civilians and have no idea of pay and pensions as is proved by the letter of PCDA (Pensions) Allahabad No: G-1/M/Misc/VIII dated 19 Apr 2016 on fixation of pension of Majors in OROP.

2.    Kindly go through their letter dated 19 Apr 2016 (enclosed). Pl see examine the warped logic at para (b) and (c) of their letter which are totally illegal, arbitrary and blatantly wrong. I do not think you need any explanation.

3.   I am listing out illogical and incorrect method of pension fixation of Majors in OROP carried out by PCDA (Pension) Allahabad for Majors.

4.   Pension Reduction. First is Pension Reduction of Major with lower qualifying service. To earn pension officers have to put in 20 years’ service. Commissioned Officers get the rank of Maj after putting in 6 years’ service from date of commission thanks to AVS Committee which reduced number of years to get time scale ranks upto Col (TS) w.e.f 16 Dec 2004. Para (b) of PCDA (Pensions) letter cited above says that where in pension of Maj with more qualifying service in calendar year 2013 say of 26 years’ service is available and Major of 20 years is not available (in calendar year 2013), then pension of 20 years Maj will be reduced by 3% per year to arrive at pension of Maj with 20 years’ service. Here also your DAD guys do not understand the difference between Pay and Pension. Pension is half of pay. If pay goes up by 3% every July, madam, a 5th Standard child knows pension goes up by 1.5% per year. Conversely pension is to be reduced by 1.5% from 26 years QS to 20 years QS. But these illiterate DAD personnel will not understand such simple arithmetic. So the reduction per year for Major of 20 years should be 1.5% per year i.e. 6*1.5 = 9%. If say Major of 26 years QS gets Pension in OROP at say Rs 20000, then pension of Major with 20 years’ service should be = Rs 20000 x (100-9)/100 = Rs 18,200. Whereas these DAD personnel worked out at = Rs 20000 x (100 – (6x3))/100 = Rs 16,400 pm. This causes loss of pension to Majors.

4.     Pension Enhancement. Conversely if the pension of Major with lower qualifying service say 20 years in calendar year 2013 is available and pension of Major with 25 years’ service is not available then logic and law demand the same method adopted for fixation of pension i.e. increase by 1.5% per year should be done to arrive at pension of Major with higher qualifying service. To cite another example. If Pension of Major with 20 years’ service is Rs 20,000 then pension of Major with 25 years’ service is to be increased by 5 x 1.5 = 7.5%. DAD personnel do not have any idea of judgment of hon’ble Surpeme Court in Maj Gen SPS Vains Vs UOI, 2008. It is not you bring up pension of higher QS Maj to that of Lower QS Major. Please make it a point to all Officers of IDAs to read relevant judgments on pensions and pay of defence services personnel to know how pension is to be fixed. Kindly send them on temporary duty to Secunderabad and I will teach them.

5.    Another anomaly PCDA (Pensions) Allahabad have done is to MNS Officers. Their argument is no Maj MNS retired in 2013 so there is no table for enhancement of arrears in OROP for pre – 2006 Capt and Maj MNS officers. This is again illogical and illegal. If Lt Cols MNS can get benefit of OROP pension and Maj of regular commissioned officer can get enhanced pension in OROP why not pre – 2013 Maj MNS. You are forcing pre – 2013 Maj MNS to knock the doors of AFTs. 
6.    You will get answers from PCDA (Pensions) Allahabad that now a days there are no Majs with 20 years’ service as they become Lt Col with 13 years’ service. This is again partially false interpretation. There are SL, SCOs and RCOs in Army. Similarly Branch Commissioned Officers in IAF and SD Officers in Navy. They are JCOs, NCOs and Other Ranks (Sep and L /NK) who get commission as officer after putting lot of service as non- officer. Some of them get commission after they put in 15 to 20 year as non – officer. When they serve for 6 years post 16 Dec 2014 as a commissioned officer with their OR service, they get pension of Major if combined service is 20 years.

7.      Madam, I request you to seek explanation from CGDA with their method of pension fixation. Majors of pre – 2013 will go to AFTs challenging this illogical, incorrect and unlawful method of pension fixation in OROP. It will only waste your precious time in defending indefensible method of pension fixation carried out DAD personnel. You should spend more time to redress grievances of 24.5 lakh pensioners instead of defending law suits in various AFTs. Your DAD personnel fixed incorrect pension of Majs in 6thCPC and it was improved upon by hon’ble Supreme Court in 2009. The history, Madam, I can assure you, will repeat. TSEWA is bound to go to AFT, Delhi on this method of pension fixation carried out by PCDA (Pensions) Allahabad and is sure to win it. Govt of India will be forced to pay interest of 8% in arrears from July 2014 after three months from day of delivery of Judgment. Why do you want to waste peoples’ taxes ?

8.    My last submission for your kind consideration. DAD personnel are not capable of fixing pensions of Defence pensioners. Whenever such situations arise like pension fixation in 7th CPC, kindly make use of services of expert Ex-Servicemen like Air Mshl SY Savur, R Adm Alan O’leary, AVM RP Mishra, Brig SKS Rana, VSM, Gp Capt Sushas Phatak, WO Thiru Chelvam and Sgt S Kantaiah to see such incorrect and illegal method of pension fixation is not repeated which leads to plethora of legal cases.

Regards,

Brig CS Vidyasagar (Rtd)
9493191380

(SOURCE- VIA GP E-MAIL)

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