Anybody’s guess whether respondents will comply with para 17b of judgement of AFT Chennai or go in for a review petition in Hon’ble Supreme Court after dismissal of their leave to appeal. Would it be too much to expect that respondents accept opinion of AFT in para 16 of order? https://t.co/BjF2iuLcKV
— Sunlit_Tweets (@Sunlit_Tweets) October 3, 2024
Of Swallows And Summer
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?
- 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?
* 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, forequitableparity, 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.
Rectifying OROP Anomalies
More #OROP anomalies highlighted to @manoharparrikar. Read my representationhttps://t.co/po63eUHQSH— Rajeev Chandrasekhar (@rajeev_mp) March 2, 2016
- 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.
Past references to "parity based" issues, can be accessed by clicking this link.
"Rank Last Held" vis-a-vis "Rank For Pension"
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 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, or, in 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".
- 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)”
RE-VISITING THE CONCEPT OF “VARIABLE RETIREMENT RANK”
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
- 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.
Minimum Guaranteed Pension As Related To The Rank Pay Matter
- 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?
{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
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.
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}
Now that
- 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.
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
|
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