Showing posts with label av singh committee. Show all posts
Showing posts with label av singh committee. Show all posts

Of Swallows And Summer

After the passage of a significant portion of the remainder of their lifetimes, veteran Officers who had held regular commissions and retired as Major and Lt Col prior to 16 Dec 2004, implementation date of Phase-I recommendations of AV Singh Committee, can, perhaps begin to see some rays of hope on the distant horizon for the righting of a wrong in having been denied pensionary benefits of the next higher time bound ranks viz., Lt Col and Col (TS) respectively.

The hope comes in the dismissal by Hon'ble Supreme Court of a Civil Appeal (Diary Number 31788/2022) filed by the Union of India against judgment Of Armed Forces Tribunal Chennai in case OA 268 of 2018 that had ruled in favour of  application of Cdr SP Ilangovan (Retired) who had sought pensionary benefits at par with those applicable to veterans retiring in the rank of Capt TS (IN) from 16 Dec 2004.

Judgement of the Armed Forces Tribunal is embedded below:

 

Though the applicant chose, as is apparent from text of the judgment, to stress upon his rank of Cdr (SG) being superior to that of a Cdr (TS), the judgement itself is the voice of rationality itself in recognising the need to accord pensionary benefits of the next higher time-bound ranks to pre 16 Dec 2004 retirees if they had retired with requisite service.

Having been a Lt Col of select grade or time-scale is actually no grounds for discrimination against the latter as Officers with both kinds of Lt Col ranks were given rank of Col (TS) if they continued to serve after 16 Dec 2004 and earned pensions of Col(TS) on their retirement

By dismissing the Civil Appeal of Union of India, the Hon'ble Supreme Court has opened up prospects for rationalising of pensions as ruled in the judgment of the Armed Forces Tribunal. Order of the Hon'ble Supreme Court on the case needs ro be examined under legal advice to be able to understand its applicability.

But then, this is just one hopeful sign. Whether or not it leads to a full resolution is something time alone will tell. 

As to how and when this will translate into relief for pre 16 Dec 2004 pensioners/family pensioners in ranks of Maj and Lt Col, remains to be seen.

Most veterans won't have forgotten the tortuous course of the Rank Pay litigation years ago.

This event, however, does mark an update to concerns expressed on this blog many moons ago. Please read  🠊🠊 This Blog Post

Postscript: This Tweet should address queries, if any on the probable future outcomes:

The Case For Lt Col Pension For Old Veterans Who Retired As Major (updated with emphasis)

(Readers are requested to consider using the “share buttons” at the end of this and other blog-posts in case they feel sharing of the contents could be of interest to others affected. Contents of the post may change in case of new developments or articulation of others’ views) 

If it had not been for a chance viewing of another blog some time ago, with a blog-post in it on a different topic and some comments/replies, this particular development would have been missed altogether.

The development is of the negative kind. Some may say that the curse of 16 December 2004 has struck again. But, before those affected give up on the matter as a lost cause, they could consider reviewing some past  opinions on this specific  issue and matters intimately related to it. Perhaps, what is required is a wider point of view rather than a narrow focus on just one rank.

The development relates to a petition filed by veterans who had retired in the rank of Major with more than 20 years of service before that date. The petition was dismissed by the Hon'ble Supreme Court of India. The petition had sought parity of the petitioners' pension with pension of Lt Col veterans who retired after 16 Dec 2004 with the same QS as the petitioners.

A copy of the judgement can be viewed on the website of the Hon'ble Supreme Court with the link placed at the end of this blog-post.

It is not known what the precise submissions of the petitioners were. Text of the judgement states the petition to be,"...for grant of pensionary and other benefits at par with the benefits which accrue as a consequence of the communication dated 21 December 2004 of the Government of India in the Ministry of Defence" and, I quote again, "....to grant pension equal to the pension of Lt. Col. by applying the principle of “equal pension for equal work” to the petitioners under the provisions of Constitution of India".

The "communication" referred to is, most probably, the one that contained the sanction for implementing, with effect from 16 December 2004, Phase-I recommendations of AV Singh Committee. In previous tribunal orders and court judgements, policy letters of year 2005 had been mentioned as the ones implementing said recommendations retrospectively from 16 Dec 2004. Till such documents are accessed, it would be imprudent to hold forth on the timeline of that "implementation".

The text of the judgement, quoted above, poses a few questions:

  • Did sanction for implementing phase-I recommendations of AV Singh Committee specifically mention that older pensioners in time-bound ranks would not be entitled to parity of their pensions with those fixed for officers retiring after 16 December 2004 with the same type of commission and equal service?
  • Did the petition actually seek "benefits" flowing out of the letter implementing recommendations of AVS Committee wef 16 Dec 2004 or did it seek parity with benefits of the post 16 Dec 2004 rank of Lt Col? 

The judgement goes on further to state, "The petitioners are former personnel of the Indian Army who retired prior to 16 December 2004. Since the orders of the Union of India have taken effect from 16 December 2004, ex facie, they have no application to the petitioners". The most important issue that arises is, the very fact that the GOI orders did not apply to pre 16 Dec 2004 retirees is what constitutes discrimination against the older retirees, especially when their deferred wage (pension) suffers in terms of parity and equity as compared to post 16 Dec 2004 retirees given the benefit of a higher time-bound rank from that arbitrarily fixed cut-off date. The following issues can be considered:

  • Is it a matter of "application" per se? Did the petitioners seek that they be promoted retrospectively as per the 2004 order and that too at stages of their former career corresponding to lower QS for promotion than they had actually been promoted at and to be paid arrears on account of enhanced pay and earlier promotions for the years they had been service?
  • Wasn’t  their petition meant to seek parity of their deferred wage, to be paid in the period after 16 Dec 2004 with the deferred wage of similarly placed Officers who retired after 16 Dec 2004?
  • The petitioners had served for 20 years or more as commissioned Officers. Their pension is a deferred wage based on the service they had rendered which can truly be measured only by consideration of their cadre, nature of commission and their qualifying service combined. Their ranks did not have the same attributes after 16 Dec 2004 and, therefore, can the rank be used as measure of entitlement to the deferred wage after 16 Dec 2004 or for establishing parity thereof?
  • Can the quantum of their entitlement of their deferred wage vary depending on whether they retired before or after 16 Dec 2004 and can they be given a deferred wage after 16 Dec 2004 which is lower than that of similarly placed Officers retiring with the same QS in a time-bound rank with changed attributes post 16 Dec 2004?

Most of these issues have been touched upon in the past. Please see the blog-post linked to at the end of this post. But, briefly, there is an urgent need for all informed interlocutors on these matters to consider there are interconnected issues involved, not just the pension of veterans in Major rank. Some important aspects of the topic, that could be given a thought for the future course of this issue, are as follows:

* This may be highlighted once again, that regardless of the specific contents of the petition in question, the principle of parity of pensions for older Maj retirees would have been applicable from whatever retrospective date the recommendations of AV Singh Committee had been implemented. For this pension parity issue, the specificity of that date is immaterial except for the consideration that a disparity exists across the date between pensions of two veterans who had the same type of Commission and had the same QS and retired in time-bound ranks.

* However, the selection of the date becomes much more relevant for all the Officers who were in service on the specific date the Government formed the Committee in 2001 when their status got official recognition as members of a uniform group of similarly placed Officers, all suffering from stagnation in their cadre. Is it not true that the benefit of relief from stagnation was not equally applied when the date of implementation, of recommendations of the Committee, was chosen as 16 Dec 2004? 

* Consider the case of a serving Major with 13 years of service in 2001, when the Committee was formed in recognition of the fact that the serving Major formed part of a homogeneous group suffering from career stagnation. He had to wait till 16 Dec 2004 to pick up the new time bound rank of Lt Col when he attained a QS of 16 years, stagnating for 3 years in the pay-scale without getting the higher pay and allowances, whereas his junior with just 13 years of service as on 16 Dec 2004 picked up the same rank without any delay, suffering no stagnation in the process.
 
* Did these Officers, who were in service at the time of formation of AV Singh Committee in 2001, receive equitable adjustment of their ranks, in-service pay and/allowances as a result of the implementation of AV Singh Committee recommendations  even if they continued to serve beyond 16 Dec 2004? But if the Officers serving in 2001 had the bad luck to retire before 16 Dec 2004, then they missed even parity in terms of pension vis-a-vis Officers with the same type of Commission and equal QS retiring after 16 Dec 2004. 

* The act of selection of 16 Dec 2004 as the date for implementing phase-I recommendations of AVS Committee was, by itself, discriminatory. The act of selection of that date discriminated not only against many Officer veterans who had been in service when the committee was formed but superannuated before the implementation date but it (the selection of that date) also discriminated against Officers who continued to serve beyond that date. In-service earnings (pay and allowances) of both these sub-sets suffered disparities on account of just selection of that date. The sub-set of Officers who retired prior to date of implementation lost out in terms of parity of their pension as well.

* Regardless of the above, if pension is a deferred wage and the only rational measure of service rendered in the case of time-bound ranks are the type of commission and length of service, then, for equitable parity, pensions for time-bound ranks with  the same type of commission and qualifying service would need to be the same across that date for an equitable and fair resolution. Let us not. forget, ranks are not constant standards across the cut-off date and do not serve as a just measure for ensuring parity of deferred wages as a pre 16 Dec 2004 Major or Lt Col rank is not the same as the post 16 Dec 2004 Major or Lt Col rank. The only reliable and logical basis for comparing service rendered, in the case of time-bound ranks, is the type of commission and the QS of retirees before and after the cut off date.


To put the whole matter in a nutshell, unless the act of selecting 16 Dec 2004, as the date of implementation of Phase I recommendations of AV Singh Committee, is established as being arbitrary and discriminatory, justice in the matter will continue to elude those discriminated against.

Links to Connected Material: (Please click/tap to access 👉): 






Rectifying OROP Anomalies

It is extremely heartening for beleaguered sub-sections of veterans to have their cases taken-up and represented by eminent personages.

In the context of OROP, the following tweet from Hon'ble Member of Parliament, Shri Rajeev Chandrasekhar, comes as a breath of fresh air amid all the slogan-shouting, stonewalling and obfuscations that have begun to cloud discourse on the subject. 
It is clear the representation, in section A of annexure to the letter, points to the manner in which the definition of OROP has been amended in successive Government communications.

Section B of the annexure on "Anomalies Effecting Particular Ranks" mentions in the opening para  the need for a re-look at pensions of Hon Naib Subedar, Major and Lt Col.

At item (b), a mention is made of differential treatment to Major retirees with 21 years of service depending on whether they retired prior or subsequent to 01 Jan 96.

In all the three pages of annexure to the letter, as was originally available against link in the tweet, the reference to pension of Lt Col, as mentioned at the beginning of the annexure, was not elaborated upon. One can only presume it was a reference to the 26 years anomaly.

The anomaly in connection with Maj retirees with 21 years service, glaring though it is, is not the complete picture.

I have tried to underline the principle of parity of pensions (link provided at the end of the blog-post) underlying the concept of OROP. Time and again, it has been mentioned that when a current retiree super-annuates, with the same years of service as a previous retiree but in a higher rank currently given on time-bound basis, the older retiree needs pension parity on basis of pension of the current retiree in the higher time-bound rank.

No Major retires with 20 years of service anymore. The older retiree can't have his OROP pension fixed on some far from transparent, rule-of-thumb calculations based on hypothetical, imaginary or "notional" increments in the pay-band applicable to Major.

An officer who retired as Major with 20 years of service in 1974 can't have his pension based on some "notional" or "imaginary" increment in the pay-band applicable to Major in the year 2013. The only logical, equitable and fair way of ensuring pension parity would be to see in which time-bound rank an officer with the same type of commission would have actually, under normal circumstances, retired in calendar year 2013*, also with 20 years of service. In this case the corresponding current rank would be Lt Col.
  • Therefore, it is not just the 21 years pension parity that is an issue under OROP. Any veteran who retired in the rank of Major, with a service of 20 years to 25 years, needs to get a pension equivalent to the average** of actual max and min pensions of Lt Col retirees with equal service in calendar year 2013*.
  • The same principle applies in the case of older Major, Lt Col(TS) and Lt Col retirees (those who'd held permanent commissions) who retired prior to 16 Dec 2004 with a service of 26 years or more. They need to have their pensions fixed in the pension table equal to the average** pensions of Col(TS) retirees of calendar year 2013* with equal service.
To any reasonable mind it might appear these principles of parity need to apply not just to OROP pensions but to all past fixations of pensions as well, the last one being pensions fixed with effect from 01 Jan 2006 by VI CPC. In the context of OROP, there is even less justification for discrimination between older and current retirees.

Past references to "parity based" issues, can be accessed by clicking this link.

*Note: "calendar year 2013" is used in this blog post in relation to where things currently stand in OROP implementation. The subject matter would apply equally if the reference year was changed to financial year 2013-14.

**Note: The term "average" in "average pensions" is used in the blog-post in context of the implementation letter actually issued and does not detract from the argument that it should be the maximum pension actually paid to a retiree with equal service.


"Rank Last Held" vis-a-vis "Rank For Pension"

A reading of one of the blog-posts on Maj Navdeep Singh’s blog “Indian Military Services Benefits And Issues” (link at the end of this blog-post) drew attention to a portion of the circular issued for implementing OROP.

Para 11(b) of PCDA circular 555 mentions a distinction between ranks in which ESM retired and ranks to be used for computing pensions.

The context, in which the para finds inclusion in the Circular, remains unclear. At first glance this appears to relate to those specific cases of PPOs in which the two types of ranks have been endorsed for payment of pension to holders of such PPOs.

However, just the knowledge that such a provision can exist helps to indicate a way out for establishing parity of pensions for older and current retirees.

We know that para 11(a) of Circular 555 provides for payment of Lt Col pensions to post 01 Jan 1996 retirees in Maj rank with more than 21 years of service. This would be one example of “Rank For Pension” being different from “Last Rank Held”. As to how OROP can ever be OROP if pre Jan 1996 Maj retirees, with the same service of 21 years, do not get the same pension as post 01 Jan 1996 Maj retirees, is not a matter that should be left for a judicial commission to sort out.

This anomaly does not end with the 21 years matter. The afore-mentioned blog post in Maj Navdeep Singh's blog mentions the fact, and I quote, ”nobody retires in the rank of Major as per the current dispensation, the pension of past retirees was to be based on notional fixation”. All very understandable so far. But the blog-post goes on to suggest, I quote again, “figures in the tables however fall below the notional fixation for the said ranks. An officer of the rank of Major, if taken as not promoted to Lt Col and progressing in his own rank with due increments in his own pay-band…”

Here we get into a zone of imagination that centres on what if the older Maj retiree had continued to draw increments in his own pay-band? I would like to ask here, why that idea should limit the true concept of being "notional" about fixing pensions for older retirees?

The older Maj retiree who had put in 20 years, or more, of service would have retired as Lt Col, on time-bound basis, with equal service after 16 Dec 2004. If we have to start imagining things and arrive at “notional” fixations, what is wrong with the “notion” of the older Maj retiree having actually progressed, on time-bound basis, to the pay-band of Lt Col, a notion based on an actual post 16 Dec 2004 parallel, rather than imagining non-existent increments in the same rank?

Besides, giving a time bound promotee who retired prior to 16 Dec 2004 less pension, fixed in a lower pay-band, than another time-bound promotee with the same service who retired after 16 Dec 2004, is as clear a case of discrimination as can be thought of. It is all very well to cite fortuitousness as a basis for such differentials. Cut to the basics, it is all a result of capricious whimsy and arbitrariness rather than a ”fortuitous” outcome of some administrative process.

I clearly recall a case being cited online when a serving Officer of the armed forces had stated that ”it was opined....”, a phrase very useful for justifying administrative logic of the reprehensible kind, that there are “....bound to be loosers(sic) and gainers” in Govt decisions such as the selection of date of implementation of AV Singh Committee.

The concept advanced by that individual, of the Govt acting as a croupier in a game of chance at a casino, is so unspeakably repugnant that one yearns for a metaphorical blow-torch to enable incineration of such loathsome ideas at the source, taking care, of course, that the brain-cells that produced such logical travesty be only mildly singed in the process, in deference to provisions of human rights, orin view of the dubious state of evolution of neurons and synapses that could produce output of that nature, principles of SPCA may be invoked, if applicable, to ensure a post-obliteration certificate of the kind "no kind of life-form was harmed in the obliteration of that vile idea of Government-as-croupier".

Therefore, if we are to implement parities as called for in a paradigm changing concept such as OROP, we need to jettison some intellectual baggage that keeps us rooted to ways of old. The distinction provided for in Circular 555 points us in the right direction.

Just imagine, if the administrative machinery could issue the appropriate orders and PPOs could be endorsed as follows:


  • Endorsement In PPOs Of Maj With Service More Than 20 Years And Less Than 26 Years : “Rank Last Held   : Major; Rank For Pension : Lt Col”

  • Endorsement In PPOs Of Maj and Lt Col with Service More Than 26 Years : “Rank Last Held : Major/Lt Col (as applicable); Rank For Pension : Col(TS)”

This would come close to the idea of the previously spoken about variable veteran rank and remove a major anomaly arising out of “One Rank” of OROP not being really “one rank”. Let us not forget, yesterday’s Major with 20 years service = Today’s Lt Col with the same service. It is a central concept in the whole gamut of ideas and views on OROP.

As to why the stalwarts keep repeating OROP as implemented being “One Rank Several Pensions” and lose sight of the fact that OROP should also not be “Several Ranks And One Pension” is something that will need to be looked into and put up for consideration at a subsequent date.


Reference : Item (b) of blog post  

RE-VISITING THE CONCEPT OF “VARIABLE RETIREMENT RANK”

One of the peculiarities of following topics online and occasionally engaging in exchange of views, on subjects that concern sizeable sections of veterans, is that sometimes it is hard to track previous discussions involving concepts or ideas that one had put forth oneself or been fortunate enough to have received by way of an input from other stake holders. Nevertheless, regardless of whether or not a track-back is possible, an idea lives, if not forever, then certainly for a very long time till proven to be absolutely without merit.

One such idea is that of a “Variable Retirement rank” or “Veteran Rank” as against that of the present fixed “Retirement Rank”.

Most of the thrust in the campaign for OROP has been based on taking the “Retirement Rank” as a gold-standard benchmark for ensuring pension parity of current and past retirees. I have repeatedly tried to highlight the “variability” of “Rank” as against the solid, ground-level parameter of length of service. Please consider following the link at the bottom of the blog post.

Certainly, it is nobody’s case that for true and fair parity in OROP, with the length of service being equal, pensions should be equal, regardless of rank at the time of retirement. It would certainly be less than a serious contention to try and propose the notion the pension of Maj Gen should equal that of a Lt Col if they have the same number of years of service at retirement.

However, as has also been repeatedly pointed out on this blog, when ranks are defined based purely on years of service, then there is an urgent need to maintain pension parity between older and current retirees with the same years of service even if they retired in different time-bound ranks, as the years of service required to attain ranks can change from time to time. This gives rise to the basis for treating time-bound ranks as “variables” and not “constants”.

To be sure, and this too is a repetition of what I’ve stated previously, ranks based on selection too are variable as are the QRs for attaining them. However, there appears no clear-cut logic with which to establish a relationship between ranks attained through the selection process in the past and those attained, also by selection, in the present scheme of things. Of course, based on statistical models that took into account all the variables of selection in different eras, some viable algorithm could be generated, by a think-tank consisting of Operations Research eggheads, for deciding whether a Lt Col retiree from the 70s would be equal to a current retiree in the rank of Brigadier in terms of selection-basis parameters.

But when it comes to time-bound ranks, the issue is straight forward. Without getting into considerations based on Quantum Mechanics or the speed of rotation of Earth, it won’t amount to a risk of inviting too much of ridicule in putting forth the point of view that 21 years in 1976 equal 21 years in 2015.

If the time-bound retirement rank of, let us take the case of Officers as an example, an officer retiring in 2015 with 21 years of service is Lt Col, then the retirement rank of a Major, who retired in 1977, also with 21 years of service, is equivalent to the current retirement rank of Lt Col in terms of service rendered. Provided, of course, they belong to the same cadre and the types of their commissions are identical.

There have been attempts in the recent past to establish parity of pensions based on such considerations. Even a copy of the services DGL on OROP, that had been doing the rounds on the web, had suggestions for equating pensions for older time-bound ranks with those of current ones. None of these attempts have come to fruition so far. Even with OROP, a Maj may not get the same pension as a present Lt Col with equal service even if the former had put in 20 years of service. The same applies to a Maj or Lt Col retiree who had put in more than 26 years of service and who ought to get the pension of a current Officer retiring in the time-bound rank of Col.

OROP insists on variability of pension of older retirees to match pensions of current retirees based only on “Retirement Rank” which is ‘fixed’ for any specific individual. The fundamental thing to consider is, if the concept of fixing a pension based on certain criteria such as pay drawn at retirement, is to undergo a paradigm shift by making it keep pace with the pension of current retirees, then there is nothing outlandish in suggesting that the fixed “retirement rank” too needs to be converted into a parameter that would take into account the variability of all the factors that determine a current time-bound rank.

We could simply state that the retirement rank of any individual past retiree be made equal to the retirement rank that is currently attainable on time-bound basis with the same years of service put in by him. This new retirement rank could be promulgated through corrigenda to PPO’s and pensions re-fixed, under OROP, based on the revised retirement rank.

It can also be suggested the concept of "veteran rank" be seriously considered. Even if the “retirement rank” stays constant, the current “veteran rank” could change and be promulgated through PPO corrigenda based on any reductions introduced in service required to attain time bound ranks.

Such a mechanism would not be a “notional promotion” but a means to deliver bare-minimal standards of parity, based only on time-bound ranks, but within the ambit of OROP. Use of a veteran rank would also provide justifiable social parity with current retirees. Some civilian benefits earmarked for armed forces, in terms of allotment of land, membership of clubs etc is based on the nomenclature of the veteran’s retirement rank. A Lt Col retiree with 28 years of service may be currently ineligible to apply for a benefit available to a current retiree with the time-bound rank of Col with just 26 years of service.

This would also take care of most retrospective issues in respect of pension. When it is decided to upgrade a veteran rank, it would be required to specify the date of up-gradation. A Maj or Lt Col with 26 years of service would have his veteran rank upgraded to Col with effect from 16 December 2004 on which date the time bound rank of Col at 26 years of service came into being. Pensions would be upgraded to that of the up-graded veteran rank synchronously i.e. a Maj or Lt Col would be eligible for pension applicable to time bound rank of Col wef 16 Dec 2004 if the Maj or Lt Col had completed 26 years of service at retirement.

In such a case, the pensions of upgraded veteran rank of Col from retirement date to date of implementation of OROP would be governed by the existing minimum pension of rank in pay band for Col with equal service, and from date of OROP implementation, pensions would be equal to pensions under OROP as applicable to Col with equal service.

If at a later date someone decides to reduce the service required to attain the time bound rank of Col to 23 years, the veteran ranks, and hence pension, of Maj and Lt Col with 23 years of service would stand up-graded to that of Col with effect from that date.


It must be highlighted here, once again, such a mechanism would not deal with any discrimination caused in the past in respect of pay, allowances and seniority of Officers while they were in service, such as in the case of arbitrary selection of date of implementation of AVS-I. That, as I have stated previously, is quite a distinct area that needs a careful and measured legal evaluation.

For more reading on the matter, this link may be of use.

Parallels Between Efforts Of Sqn Ldr C Singh And Accomplishments Of Maj Dhanapalan

Some years ago, I think it was on a chatroll previously featured on a popular blog, I distinctly recall making a suggestion to the effect that serving and veteran officers had, in all probability, also been denied proper fixation of rank pay at the time of implementation of recommendations of V CPC.

To put this into context, at that time all discussions were centred on the rank pay issue related to IV CPC and how Maj Dhanapalan's valiant battle to right that wrong was about to benefit everyone else. RDOA had already taken up the legal process to extend a similar benefit to thousands of others affected. But in those days, details of the litigation were scarce and it was largely out of conjecture and online discussions that facts and details were beginning to emerge.

In response to my suggestion about a similar wrong-doing at the time of V CPC as well, I'd received a response of "I'm gobsmacked" from another knowledgeable and active member on the blogosphere and the erstwhile chatroll. He later on went to suggest that perhaps Maj Dhanapalan's great act relating to IV CPC was being repeated by me afresh in relation to V CPC. It wasn't, of course, as RDOA had already taken all those aspects into account in their litigation. The subject was clarified in brilliant detail by RDOA in their subsequent posts.

But I have often been troubled by the idea that we have probably missed the chance to acknowledge another "gobsmackingly" valiant effort by Sqn Ldr C Singh who waged a legal battle on a different front that too could have affected thousands of veteran and serving officers. His battle did not end in outright victory as his application was rejected at the level of an Armed Forces Tribunal. But he was the first one, at least to my knowledge, who took up a cause that affected thousands. Just as in the case of Maj Dhanapalan's case, as thousands had just "lumped it", after the IV CPC recommendations were "implemented" to the stake holders' collective disadvantage, and only one individual took up the matter, so did Sqn Ldr C Singh on quite a different issue.

To this day, I have not been able to find out if he filed an appeal in a higher court or if some other litigants had sought to represent on the same matter. But the issues that struck me as relevant in 2010, when I first learnt of this case, remain, to me, more relevant today due to more recent judgments that make the issue of "discrimination" a lot clearer for all stake holders.

The matter that Sqn Ldr C Singh had taken up was the way the phase I recommendations of AV Singh Committee were implemented. It had denied him the retirement-rank and retirement benefits relating to the next higher rank, in his case, of Wing Commander as he had retired prior to the implementation.

But the matter will not cease to hold the interest of all those with a sense of the legal implications the issue could have or ought to have had at the time. In brief, as the matter has been fully covered previously (there is a link in the last paragraph), the following salient matters bear repeating:


  • The implementation dated March 2005 was retrospective but from an arbitrary cut-off date (16 Dec 2004).
  • The choice of the implementation date divided a homogeneous class into two groups, with one group getting benefits and the other not.
  • The choice of implementation date, if rectified (let us call it the "potential rectified-date")  would result in arrears of pay and allowances to all Officers who were serving at the time of the "potential rectified-date", as their subsequent promotions under AVS-I would be deemed to have taken place earlier, as governed by the earlier "potential rectified-date".
  • For those who retired in Nov 2004 and earlier, prior to existing implementation date, their retirement ranks would have to be suitably amended to the higher time-bound rank admissible under AVS-I, with effect from the "potential rectified-date". Let us not forget, those who retired in Dec 2004, Jan and Feb 2005 also had to be regularized retrospectively from existing implementation date in the higher rank after the issue of the Govt order for implementation in March 2005.
  • The rectification of the implementation date would have a cascading effect on pay, allowances, promotion dates and pensions of all those who served between the "potential rectified-date" and a day prior to actual implementation date.  


But, there is no place like the beginning to follow the matter. Those interested could consider reading the contents (now suitably highlighted and amplified), and following the links in my blog post of 2010.

Minimum Guaranteed Pension As Related To The Rank Pay Matter

For some time the matter of the minimum guaranteed pension has been in the news, the latest a recent update being on the Aerial View blog. {Edit: The most recent update is accessible with the link at the bottom of this blog post}.

Briefly, the issue is related to the date of implementation of revised "Minimum Guaranteed Pension" for pre 2006 retirees, which was fixed as 26 24 September 2012 vide Govt. Of India, Ministry of Defence letter number 1(11)/2012-D(Pen/Policy) dated 17 January 2013, a copy of which was circulated with PCDA Circular 500 of the same date.

As stated in the Aerial View blog post, referred to at the first para of this blog post, the litigation for re-fixation of date of implementation as 01 Jan 2006, in place of 26 24 September 2012, is nearing it's final phase, the hearing now being stated to be scheduled on 13 Jan 2015 {Edit 1: Update ; Now awaiting a fresh listing, perhaps in February 2015 Judgement now having been delivered on 17 March 2015}.

The case had to be taken up in the highest court of the land, at great expense and with herculean effort. Therefore it is all the more pertinent, for direct stake-holders and all the others affected, to review some of the attached issues which affect or are impinged upon by the likely positive outcome of the case. To start with, queries begin to form in one's mind as follows:


  • The case apparently, and the word "apparently" is important in this context, is concerned with just the date of implementation of the "Minimum Guaranteed Pension". Since it is a litigation in the Hon'ble Supreme Court of India, was it also intended to include the effect on the quantum of "Minimum Guaranteed Pension" as a result of the implementation of the rank pay revisions? Would the tables issued with the GOI letter of 17 Jan 2013 ibid now stand revised?

  • Since the rank pay matter concerns retired Officers of the armed forces, would the litigation also deal with the important and, so far, un-addressed, issues of parity of "Minimum Guaranteed Pensions" of Majors having 21 years of service with the pensions of Lt Col and "Minimum Guaranteed Pension" of Maj and Lt Col with more than 26 years of service with the pension applicable to Col(TS) of equal service?

  • While implementing the Hon'ble Supreme Court judgement on rank pay, GOI, MOD vide letter number 34(6)2012-D(Pay/Services) dated 27 December 2012, had also ordered payment with effect from 01 Jan 2006, of interest on arrears, including those of pension, resulting from the partial implementation of the rank-pay judgement. Would the litigation also aim to obtain a more just and equitable compensation by way of interest for arrears not ascribable to the rank pay case but applicable only to those arising out of the "Minimum Guaranteed Pension" matter? 

Whatever be the scope of this litigation, it's outcome would be of interest to all veterans and yet another reason to feel proud of the direct litigants and the inspiring role of RDOA in coordinating the whole issue. {Edit 2} : The order of Hon'ble Supreme Court, delivered on 17 March 2015, is accessible by following this link.

{Edit 3} For the most recent update, please use the link to the blog Indian Military: Service Benefits And Issues .

{Edit 4} For the connected issue of pension parities between ESMs that retired in years gone by and those who retire in the present, the blog post on 'Variable Retirement Rank' may also be relevant.


EXTENDING THE WG CDR VS TOMAR (RETD) LITIGATION TO OTHER ISSUES

{Edit: A brief chronology of the matter has been added at the end of the blog post}

Issues do not exist in water-tight compartments, nor can principles that apply in one case be automatically extended by rule of thumb to another.

But recent blog-posts connected with the issue of OROP opened up a train of thought based on related judgements and judicial pronouncements. But then, trains of thought can be runaway trains, going downhill at break-neck speed , inviting a derailment at every curve. There is nothing like the blogosphere for obtaining requisite braking in the shape of comments and counter-views to keep the train on track.

The case of Wg Cdr VS Tomar vs UOI led to this train of thought getting onto a branch line. Para 25 of judgement of Hon'ble Supreme Court in UOI Vs SR Dhingra and Ors (2008) 2 SCC 209, as quoted in AFT judgement on OA 106/2009, would seem to bar an employer from fixing a retrospective date of implementation of a benefit arbitrarily. Now, though the AFT judgement relates to parity of the pro-rata clause related to pensionary benefits for pre and post VI CPC retirees, it could have wider ramifications.

A lay person's appreciation could be the same principle, as enunciated in the judgement, applies to the implementation of phase I recommendations of AV Singh Committee. It needs to be emphasized here, the application would seem to extend to the entire implementation of phase-I recommendations of AV Singh Committee and not in respect of just the pensionary aspects.

Let us consider this:

*The implementation of phase-I recommendations of AV Singh Committee was retrospective.

*The Govt fixed the retrospective date as 16 Dec 2004.

*This retrospective date divided a homogeneous group into two not only for the benefit of pensions but also in respect of benefits of faster promotions AND consequently higher pay and allowances of those who were in service.

This needs to be considered independently of the issue of parity of pensions of pre AVS-I Lt Col/post AVS-I Col(TS) which I had sought to highlight earlier.( <—- Click link to view )

A simple example would be a Captain who had 6 years of service on 01 January 2002. He picked up the promotion to rank of Major wef 16 Dec 2004 when the AVS-I recommendations were implemented in 2005 retrospectively. Whereas another Officer who completed the same service of 6 years on 30 Dec 2004, immediately received the benefit of the promotion, including the higher pay and allowances, also retrospectively. The former would appear to have a case for arrears of a kind different from the Rank Pay arrears that we're all so focused on.

Now just consider the arrears that could arise for all who continued in service, forgetting for the time being the pensionary issue related to Lt Col/Col(TS). 

Depending on a legally correct retrospective date of implementation, Officers, both serving and retired, could be entitled to arrears of pay and allowances on account of promotions and increments extending back several years from Dec 2004.

This matter needs to be examined in relation to my previous blog post wherein it had been suggested ( <—— Click link to view ) there is a strong possibility
of a homogeneous group having been sub-divided in two, though the word "set" had been used at that time in place of "homogeneous group". The homogeneous group would have been the one that required to receive the benefits the Govt. itself had decided were required to be given when it formed the AV Singh Committee.

So what should have been the legally correct retrospective date for implementing phase-I recommendations of AV Singh Committee? It would have to be a date that defined a homogeneous group for the purpose of receiving benefits that the Govt intended to bestow.

*It could have been 01 Jan 96 for Officers in service as on that date as it was V CPC which first postulated the requirement of ACP which the AVS-I recommendations were an extension of, even though it had been represented at an AFT that there was no nexus.

*It could have been the date on which the terms of reference were given to the Committee.

*It could have been the date the Committee finalised it's recommendations.

*It could have been the date on which the Govt accepted "in-principle" the recommendations of the Committee.

But the concepts of arbitrariness and sub-division of a homogeneous group seem to apply in retrospective selection of 16 Dec 2004 as the date of implementation for passing on benefits of phase-I recommendations of AV Singh Committee.

Whether or not there are sufficient grounds for individuals and/or groups to contemplate further investigative exploration, followed by attempts at a resolution of the matter, would depend on guided collective reasoning being applied to the subject.

{Edit 1} : This issue re-surfaces every now and then, as it did about four months ago.(<——- Click link to view )
{Edit 2} : In order to fully comprehend the manner in which the sub-division of a homogeneous group occurred by selection of the implementation date, here is a brief time line, each date being a point in time where a case exists for a sub-division having taken place, resulting in discrimination:

*Jul 2001 : AV Singh Committee ordered.
*Sometime in July 2002 : Committee recommendations submitted to Govt.
*Sometime in 2003: Govt announced acceptance "in principle" of recommendations.
*December 2004: Govt. Announced acceptance of recommendations.
*March 2015: Implementation notified retrospectively from 16 Dec 2004.

A news item from the era gives a brief outline of the chronology:    

Pension Anomaly Resulting From AVS-I {Updated 18 January 2013}

{NOTE: Contents of this blog post have been updated to reflect the current situation as on 18 Jan 2013, following implementation of Committee Of Secretaries Recommendations}
 
Now that we're awaiting the recommendations of the panel on anomalies affecting pay and pensions of armed forces have been implemented, there are expectations, that some of the less prominent existing anomalies would be rectified and similar aberrations would be prevented in future when the complex processes of introduction of NFFU and modified parity are approached by the powers that be, have not been met fully.

In this context, an existing anomaly, affecting a portion of the armed forces veterans fraternity, requires to be highlighted as it's closely linked to the issue of parity of pensions. It may be added at the outset, any views, comments or corrections in respect of what follows would be very welcome.
  • While fixing pensions for Armed Forces Officers who had retired prior to 01 Jan 2006, VI CPC had, initially, not placed retirees in the ranks of Lt Col and Lt Col(TS) in pay band IV. This was done subsequently.
  • Even then, no consideration was applied to the issue of parity of pensions of retirees who had retired prior to implementation of Phase-I recommendations of AV Singh Committee with pensions of retirees with equal service who retired after the implementation of AVS-I.
  • This led to Officers, holding the same type of commission and with the same qualifying service, being fixed in different pension-tables post VI CPC depending on which side of the AVS-I implementation date they retired on.
  • Upto a service tenure of 26 years, the pension of a pre AVS-I Lt Col and Lt Col(TS) would not be an issue. But for a qualifying service of 26 years or more, a retiree with a PC would have automatically been fitted in the pension table for Col/Col(TS) at a pension of Rs.26050/- 27795/- if he had retired after implementation of AVS-I.
  • A pre AVS-I Officer retiree, in the rank of Lt Col, also with the same qualifying service of 26 years is now fitted in the column for Lt Cols at a monthly pension of 25700/- 26265/-, and a pre AVS-I Lt Col(TS) at a monthly pension of Rs.24143/- 24674/-.
  • {Edit}: These amounts reflect revisions following the implementation of recommendations of the COS Committee and the difference between pre and post AVS-I retirees has become even more glaring.
  • {Edit 2}:    A similar anomaly existing for Major retirees with more than 21 years of service was recently rationalised albeit on different grounds but reflecting on principles very similar to those sought to be highlighted in this blog post. More details on that rationalisation can be accessed through this link.
At a time when a weighty subject like One Rank One Pension is hanging fire over the entire veteran community, surely this anomaly ought to strike some people as being an issue. It requires to be understood that this pre/post AVS-I issue would also impinge on pensions of Major, Capt and Lt, though different conditions might apply.
This also does not exactly amount to yet another outburst as to why the AVS-I recommendations were not implemented retrospectively. Here the issue is an award of VI CPC, not AVS-I, which treats two identical tenures of service differently while fixing pension merely on account of the intervention of the implementation of AVS-I.
All service people would know there is no select rank involved here. If an Officer retiring post AVS-I after 26 years of service automatically gets Rs. 26050/- 27795/- as pension without getting the next select rank, it stands to reason the pay-commission should have fixed the pension at the same level in the case of all other Officers, with the same type of commission and with the same qualifying service, who retired without picking up the next equivalent select rank prior to AVS-I.
This line of reasoning ought to have been given due consideration at the time of implementing the anomalies-panel recommendations. The subject of the blog post relates merely to the parity of one set of armed forces pensioners. When fitment into bands takes place after introduction of NFFU, these concerns could assume even greater importance and complexity.
The following table aims to bring out the rationale for refixing the pensions of pre AVS-I Lt Col/Lt Col(TS) retirees (with qualifying service of 26 years and more) to equal those fixed for post AVS-I Col/Col(TS), with equal service,  as shown in the area shaded yellow.






Qualifying Service

PENSIONS OF PRE 01-01-2006 PENSIONERS VIDE ANNEXURE-A to MOD LETTER 1(11)/2012-D(Pension/Policy) 17-01-2013 {All figures subject to verification}

PENSIONS REQUIRED FOR OBTAINING PRE/POST AVS-I PARITY

LT COL(TS)

LT COL

COL/COL(TS)

LT COL(TS)

LT COL

{FOR THOSE WHO, IF THEY HAD NOT RETIRED BEFORE AVS-I, WOULD HAVE BEEN ELIGIBLE POST AVS-I FOR COL[TS] RANK ON COMPLETION OF 26 YEARS OF SERVICE MENTIONED IN FIRST COLUMN}

20

19898

21490

22742

19898

21490

20.5

20296

21888

23163

20296

21888

21

20694

22286

23584

20694

22286

21.5

21092

22684

24005

21092

22684

22

21490

23082

24426

21490

23082

22.5

21888

23480

24848

21888

23480

23

22286

23878

25269

22286

23878

23.5

22684

24276

25690

22684

24276

24

23082

24674

26111

23082

24674

24.5

23480

25072

26532

23480

25072

25

23878

25470

26953

23878

25470

25.5

24276

25868

27374

24276

25868

26

24674

26265

27795

27795

27795

26.5

25072

26265

27795

27795

27795

27

25470

26265

27795

27795

27795

27.5

25868

26265

27795

27795

27795

28

26265

26265

27795

27795

27795

28.5

26265

26265

27795

27795

27795

29

26265

26265

27795

27795

27795

29.5

26265

26265

27795

27795

27795

30

26265

26265

27795

27795

27795