Watch This Space
In the meantime this chart might help to point the way forward. The link provided in it is also relevant. ➡️
Watch This Space
In the meantime this chart might help to point the way forward. The link provided in it is also relevant. ➡️
What follows would be a repeat of several ideas
recorded on the matter in the past. But considering the stage of finality
reached in litigation in the matter, now that the petition has finally been
represented, with a truly commendable and heroic effort on part of the
petitioners, the judgment having been reserved by the Hon’ble Supreme Court, it
may not hurt to put on record a brief gist as it would not be out of place for
armed forces veterans in all ranks to have some yardsticks for the outcome they
expect.
One main issue with the coverage of the case on social
media or blogs has been the lack of full details of all the issues sought to be
addressed in the petition. The broad points are known, of course, that:
In order to restrict any view on the subject to manageable dimensions, it may be best to take the example of a smaller subset of the veteran pensioners where uniform concepts can be applied in respect of the degree of relief that could be justifiably anticipated.
OROP for Officer veterans can be a case in point.
Here, a review of the concept of equity and parity is essential. The OROP abbreviation needs an application of mind. The implication of “One Rank”, that is talked and written about so much, needs to be understood fully. I had mentioned this in previous posts, in Tweets as well as in direct messages. It may be useful to highlight the same briefly even as we wait for the judgment.
Essentially, OROP needs to deliver parity between deferred wage of older ESM pensioners with the deferred wage of service personnel who have rendered the same amount of service and retired in a benchmark/base year (presently the year 2013).
That would sync with the well established concept of “Equal Remuneration For Equal Work”. However, there is a need for rationally establishing logical parameters that would define “same amount of service” and “equal work”.
“One Rank” when combined with “Equal Service (in years)” is a very reasonable basis for defining “Same Service” or “Equal Work” and for forming a basis for delivering pension parity in most cases.
In the case of a Col (select), for example, the
common parameters would be:
In other words, OROP of a Col(select) who retired
with 25 years of service before the “benchmark/base year” (presently 2013) date of implementation viz., 01 Jul 2014, needs to be equal to the pension (the highest and not the average, as per the
petition) drawn by a Col (select) with equal service retiring in the benchmark
year. The same logic would appear to hold for higher selection based Officer
ranks of Brigadier, Maj Gen and Lt Gen.
Therefore, as all select Officer ranks in the benchmark/base year (presently 2013) have a one-to-one equivalence with select ranks of veteran Officers who had retired prior to the benchmark year, there would not be much of a problem in fixing OROP for these veteran Officers.
The problem arises, and it is a real one, when OROP is considered for ranks of Lt Col, Maj, Capt. These are now time-bound ranks and as these ranks are obtained on the basis of qualifying service and not by the common factor of promotion by selection, the actual "Rank" has to take a backseat relative to other factors required for determining what constitutes "equal work" or "same service".
Attributes of time-bound Officer ranks have changed over time. The concept has found resonance in several sections of the blogosphere that a "Major" rank of yesteryear is not the same as the "Major" rank of 2013. There was a time Major rank would be attained at a service of 14 years. In the benchmark/base year (presently 2013), Major rank is attained at a QS of 6 years. In the benchmark year Officers progress on time-bound basis to rank of Lt Col on completing a service of 11 years. How can the OROP of older pensioners in that old rank of "Major" be fixed based on "One Rank"? How can these two Major ranks, with different attributes, be considered "One Rank"? These are disparate in terms of their attributes.
The issue of "same or equal service" can't be addressed by spellings of the rank alone. The equivalence of two measures of a commodity can't be established if these are weighed on two different scales which both display the weight as "5" if the first measure is weighed in a scale that reads in Pounds Avoirdupois and the second one on a scale that reads in Kilograms.
Some far from enlightened reasoning has surfaced in recorded "wisdom", as reflected in official correspondence/Minutes of Meetings obtained through RTI by veterans actively engaged on ESM issues. In some circles, it has been actually stated that benefits in terms of enhanced remuneration resulting from cadre restructuring need not be passed on to older retirees.
Just let us consider this for a moment, if an Officer with a regular commission retired in a time-bound rank at a QS of 20 years, in benchmark year of 2013, with a pension of Rs.31305/-, then would there be any justification in fixing the pension at Rs.21530/- of an older, pre Dec 2004, Officer veteran, with a regular commission, who also retired in a time-bound rank at a QS of 20 years? Yet, OROP has been fixed in just that fashion, ignoring the "same service" of both veterans as well as completely disregarding the fact that if the former retired in the old rank of Major and the latter in the new time-bound rank of Lt Col, that forms no justifiable basis for fixing the OROP at such different levels.
The same considerations apply to OROP for older pensioners in rank of Lt Col who had completed 26 years of service. Nowadays, as in the base year of 2013, officers progress on time bound basis to rank of Col(TS).
I have seen this question repeated across several online discussions, blogs and twitter accounts, in different forms, and fully understand the relevance as to the pension of which Major retiree of base year 2013 with service with QS more than 20 years was used for determining OROP of older Maj pensioners? Why were these Maj retirees of 2013 not Lt Col? The same applies to pensions of Lt Col with more than 26 years of service.
That is why, the following blog posts may still be relevant:
Whether or not these issues found a place in the petition or will receive a consideration by Hon'ble Supreme Court would only be revealed when the judgment is available
{Addendum: They didn’t ๐ถ}
- The tell tale signatures of disadvantages in OROP to some rank-QS combinations need to be looked at analytically๐ in this blog post
- How the stress on just "One Rank" in OROP and ignoring the even more crtical need of a "notional progression" for OROP fixation can cause non-redressal of anomalous fixations for some QS-rank combinations ๐ as outlined here.
- There may be a need to examine how truthful and rational the methodology of OROP fixation was even in terms of using the "average of minimum and maximum" rather than the maximum value of pension of a QS-rank combination in 2013 and to try to arrive at an understanding of the glaring gaps that show up in graphical data ๐ shown in this blog-post.
- Equally important is a need for esteemed interlocuters to re-examine their apparent endorsements of what some notings on files seem to assert while justifying the non-revision of OROP. The actual situation indicates those assertions could have less than valid application in many cases ๐ as explained here.
(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:
* 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.