Injustice meted out to HCOs/JCOs/NCOC/ORs in implementation of revision of 2nd OROP.

Injustice  meted out to 

HCOs/JCOs/NCOC

/OR

in implementation of revision of 2nd OROP. 

The narrative on the issue of OROP by the Retired Colonel, to an extent is correct.  However, he had very precisely made endeavors to justify that the officers are in no way responsible for the sorry state of officers in getting raw deal and the injustice  meted out to

HCOs/JCOs/NCOC/ORs  in implementation of revision of 2nd OROP. 

 He had totally exonerated defence officers and given clean chit to defence officers citing the reasons that the officers whether serving or retired  do not formulate or can influence the 

 authorities responsible decision making on such matters.

It is very true that the  pensions ( namely OTI or ONE TIME INCREASE) of HCOs/JCOs/NCOs/ORs was revised twice in the year 2009 and 2012 to bring the pension of past retirees at par with the current pensioners. We received quite handsome amount as arrears as a result of OTI in 2009 and 2012.

 The One Time Increase in pension was not accorded to the officers pensioners in the year 2009 and 2012. Non payment of OTI twice  resulting  gap in officers Pension  was adequately compensated in the first revision of OROP 2014. Officers Pension was fixed at much higher scale with accrued arrears in the implementation of OROP wef 01 Jul 2014.

The paltry increase in pension to the rank of Seopys to Havildars and denial of any increase in the second revision of OROP to a great extent attributable to the following factors:-

(a)  One time increase (OTI) in pension twice for the HCOs/JCOs/NCOs/ORs  in the year 2009 and 2012 bridging the gap in pension between past pensioners and current pensioners.

(b) Raw deal received by the HCOs/JCOs/NCOs/ORs  due to  introduction of Grade Pay and Pay Band in the 6th Pay Commission. To a large extent the methodology adopted by the 6th Pay Commission in fixation of Pay of the serving HCOs/JCOs/NCOs/ORs was responsible and affected the pension at the time of implementation of OROP wef 01 Jul 2014.

The Grade Pay  and Pay Band of  HCOs/JCOs/NCOs/ORs were not placed at the appropriate level   thereby receiving lesser  pension for some ranks who retired after 01 Jan 2016 than those retired before 01 Jan 2016. The meaning of OROP is to equalize the pension at fixed interval (5 years)  of the past retires with the  current pensioners having same rank, same group  and same length of service. 

Some (upto the rank of Havildar) pensioners who retired after 01 Jan 2016 were receiving little more pension  than the past pensioners retired before 01 Jan 2016.    As a result a paltry increase in the 2nd revision of OROP was accorded to the ranks upto Havildars and equivalent ranks in the Navy and Airforce. 

The pension of the senior Nb Subedar upto the rank of Hon. Captain and equivalent ranks in Navy and Airforce was reduced and nosedived abysmally in the 2nd revision of OROP.  However, the existing pension will be protected. 

(c)  The introduction of Pay Matrix in the 7th Pay Commission aggravated the situation further and  drove the last nail to the coffin sealing the fate of past pensioners permanentl. In all the levels of Pay Matrix, HCOs/JCOs/ NCOs/ ORs were placed at low levels than they deserve. The Pay levels were determined on the basis of faulty Grade introduced in the 6th Pay Commission. Injustice was done to us  in the implementation of 6th Pay Commission by placing in the lower Pay Band and Grade Pay. This anomaly/discrepancy and the raw deal meted out to us in the 6th Pay Commission was carried forward to the 7th Pay Commission   which resulted in placing us at the lower levels of Pay Matrix.

The root cause and the bone of contention in receiving raw deals in the revision of OROP is mainly attributable to faulty and unsuitable  pay fixation of serving personnel in the Pay Commissions.  We are aware that the revision in  OROP is related and based upon  the pension  of the current retirees. The equalization of pension of past pensioners is carried out with the pension of current pensioners every  5 yearly intervals with same rank,with same group and same length of service.

Until the Pay fixation of the serving personnel is carried out properly with  due weightage, the anomaly will continue to occur in the future revision of OROP.

The anomalies/irregularities/disparities

  in calculating Pension in OROP is very complex, cumbersome, faulty and deeply rooted since long. Without overhauling and restructuring of Pay scales of HCOs/ JCOs/NCOs/ORs  by adopting a different formula based on the concept of early retirement, anomalies in the future  revision of OROP will continue to take place. By adopting present formula and methodology for fixation  of OROP will  continue to give raw deal placing us in disadvantageous position financially. 

The other bottlenecks and obstacles in fixation of pension in OROP is taking into account   average of maximum and minimum  pension of current retirees with same rank, same group and same length of service.  The solution to eradicate this anomaly needs different method of Pay fixation and formula for calculation of OROP .  In the past we had different pay scales for every rank wherein minimum and maximum of Pay scale was prescribed. 

Hon. Commissioned Officers had fixed Pay scale and their pay used to be  fixed at the prescribed pay scales of Hon. Lt/ Hon. Captain and equivalent ranks in the Navy and Airforce on being awarded Honorary Commission.  The only way to do justice is to take maximum of the pay scale of the rank  in which a person is retiring. Once this method of fixation of Pay is adopted for the serving personnel, the benefit accrued will automatically pass on to the retirees while fixing pension in OROP.

The 8th Pay Commission Reports are scheduled to be implemented wef 01 Jan 2026. Eradication and rectification of the existing anomalies observed in present methodology of revision of OROP is possible provided our pay scales are placed at respectable levels in the 8th Pay Commission since our revision of pension in OROP is based upon the pension of present retirees. 

The other methodology to get proper justice in fixation of pension is to revert to old formula existed till 1973 wherein our pension used to be fixed at 70% of last pay drawn.

Some of us have wrong impression that officers fitment formula in the 7th Pay Commission was based on 2.81 % basis.  In this context it is pertinent to mention that 2.81 is the index of Rationalization (IOR).    The IOR  is based on the roles and area of accountability and responsibility  upon the rank and designation.  This method is equally applied  both in defence services and Civilian Central Government employees in the 7th Pay Commission. The IOR of 2 57, 2.62, 2. 67,2.72, 2 78  and 2.81 have no role in fixation of Pay in 7th Pay Commission. 

Actually 2.57 is the fitment formula applied across the board and uniformally for both defence and Civilian employees. The existing  Basic pay  as per Pay Band and Grade Pay as on 31 Dec 2015 have been multiplied by fitment factor   2.57 for all ranks from Sepoys to General uniformally.  By  indicating IOR of 2.81 factor for officers as an anomaly and demanding same for us will not accrue any benefit to  us. Let us not harp and press on this unrelated and insignificant issue.

Let us now discuss and ponder  upon  Disability pension to suggest a workable and rational formula .  Disability pension is granted only when the cause of the injury or disease is attributable and aggravated by military service.  The benefits of   Disability pension have been improved in the 6th Pay Commission by broadbanding the percentage in 3 categories viz. 50%, 75% and 100% depending upon percentage of disability assessed.  Earlier multiple percentage existed based of degree of disability percentage. 

The present rate of Disability pension for the Disability Element for both officers, sailors and Civilian Central Government employees  is 30% of last basic pay drawn for 100% Disability.  The amount of Disability pension is proportionately reduced and calculated depending upon percentage of Disability. 

Officers are drawing much  higher rate of basic pay  in comparison to sailors when Disability pension is granted.  As a result the amount of Disability pension will be much higher to the officers in comparison to sailirs as per present  formula. In the present system and methodology  in determining Disability pension, the equalization with the officers entitlement is not possible. 

To reduce the gap in the amount of Disability pension between officers and sailors and to do justice, a different approach and formula need to be devised, formulated and adopted.

This can be done by fixing   a fixed amount for 100% Disability in two categories irrespective of rank for both  officers and sailors giving a realistic  edge to the officers over sailors .  For an example :- 

(A)  Officers  of all ranks including Hon  Commissioned  Officers - Rs. 90,000.00 for 100% Disability. 

 

(B)   Sailors of all ranks-  

Rs  75,000.00 for 100% Disability

The amount of Disability will proportionately reduced depending upon percentage of Disability. 

These are my suggestions.  A different  method or formula as unanimously decided can considered. 

Demand for equal Military pension is another area which needs to be deliberated  upon.  In the event of showing extraordinary courage and role displayed  in the war or  warlike situation, border skirmishes, defence personnel are honoured by granting Gallantry Awards while living or posthumously.  The same amount is given  to both officers and sailors  in   Gallantry Awards.  Similarly when, a defence person whether officer or sailors is granted Disability pension with 100% Disability, Constant Attendance Allowance is granted at the same rate for both officers and sailors .

While defining " Military Service Pay'  taking into consideration the working  conditions,  habitability, threat to life and limbs,  compensation for the inherent disadvantage 

 both tangible/intangible, differentiation between officers and sailors in the amount of MSP is  not considered valid and justified. 

Both officers and JCOs/NCOs/ORs  are  deployed at the borders in inhospitable weather conditions, separated from the family, fighting enemy forces or combating extremist/terrorists

/separatists/insurgents, encounter the same amount of difficulties and threats .

 Similarly  officers and  sailors while serving on board ships and submarine in high seas encounter similar difficulties  when participate in operations .  Threat perception and danger to the life in the war zone remain  same for both officers and sailors.

Since similarities in the conditions where both  officers and other ranks are deployed  are same, there is no reasons or grounds for denial of same  amount of MSP to other ranks.

The case demanding equal amount of Military Service Pay is now sub-judice at the Apex Court and awaiting final verdict.   The judiciary is our last resort to get justice  . Let us wait for the final outcome. 

How far the blame is attributable to officers and responsible for receiving raw deal in 2nd revision of OROP,  Pay fixation in the Pay Commissions/MSP and other allowances  is debatable.  

Whether the officers did not show any interest or did not fight or argue with the Government aggressively and forcefully for deriving maximum and genuine pecuniary benefits for the HCOs/ JCOs/  NCOs/ ORs is yet to be known. 

We Know that the free  Ration entitlement for the officers serving in non- operational areas was withdrawn by the 7th Pay Commission and approved by the Government . The officers lobby being aggrieved by these withdrawl protested vehemently and represented to the Government demanding  its restoration.  Finally  the orders were revoked and ration entitlement for the officers was restored.

Officers of the rank of Lt. Col /Cdr/Wing Cdr were initially  placed in Pay Band 3 by the 7th Pay Commission and subsequently approved by the Government. 

Citing injustice, degradation, humiliation and financial loss and showing  comparisons with the Civilian Officers,  Service Headquarters took up the issue with the Government.  The case dragged on for sometime and finally these officers were upgraded to Pay Band 4.

In case of  HCOs/ JCOs/NCOs/ ORs there were many  anomalies and injustices in the pay fixation, allowances  degradation in the 7th Pay Commission.  How many cases of these anomalies/discrepancies were represented to the Government is not known.  Did the officer show same interest, seriousness and intensity whilst representing the case tob the Government?

However, the case for  enhancement of MSP only  for JCOs and equivalent ranks in Navy and Airforce was taken up with the Government . The Government finally did not accept the demand. 

After the implementation of 2nd OROP, Other Ranks are deeply aggrieved, displeased, remorseful, agonized for receiving raw deal. The results of  revision of OROP made them heartbroken and depressed since even after 5 years instead of increase their pension   has decreased. They are at a loss to ascertain as how after a gap of five years the pension has reduced and  nosedived abysmally.  

 They are anguished and venting their ires against the officers for being responsible for this sorry state of affair.  The degree and level of failure or  inaction  on the part of officers in getting justice for them in the revision of OROP and other financial entitlements to my view is minimal. 

  There are other entities who have not been considerate in looking after the welfare and wellbeing of veterans and Veer Naris whilst taking decision on pension.

To opine, the concept of much hyped  OROP is damaged, badly affected and diluted  by various factors thereby not providing necessary and much needed  financial succors to veterans and Veer Naris. 

The next revision of OROP will fall due on 01 July 2024. Many  Ex-servicemen Organisation's being aggrieved and unhappy  by the negative results of OROP 2  will surely approach judiciary for redressal of grievances. The issue will become sub-judice  and drag on for considerable period followed by TAARIKH PE TAARIKH.  The arrears of OROP  will be paid in 4 equal six monthly installments. The payment  of arrears will overlap date of implementation of 3rd OROP and continue till March 2025. In such a scenario, the 3rd revision of OROP wef 01 Jul 24 is questionable. 

We also do not know what is in our store in the 3rd revision of OROPand how much we will be financially benefitted or will meet the same fate as per OROP 2 revision . Till then let us keep our finger crossed and await for the outcome.We can further add that the IOR between 2.57 to 2.81 is also a reason for anomally upto a certain extent.

Though the VI CPC BP and grade pay of all ranks has been multiplied by 2.57 to arrive at the VII CPC Basic pay. But the minimum Basic Pay of each rank in VII CPC is arrived by multiplication of minimum Basic Pay + GP of VI CPC by this IOR ( 2.57 to 2.81) as mentioned for each ranks. So to arrive the minimum  Basic pay in VII CPC, why the different IOR is used for different ranks? Had the Govt used a common IOR for arriving minimum Basic pay for each rank in VII CPC, the scenario had been different.  If a common IOR of 2.57 was taken into account to arrive the minimum Basic pay in VII CPC, the minimum Basic pay of officers would not have been less than to the existing presently.  OR if IOR of 2.81 was taken into account for all ranks,   the minimum Basic pay of all ranks of sailors in VI CPC would have been much more than the present one. Therefore, this OROP anomaly would not have been to the extent as it is happening now. So the use of different IOR of 2.57 to 2.81 to arrive minimum basis pay for VII CPC also responsible for this anomaly.

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