Friday 4 September 2015


Copied from various sources -- ( reliable )
Before we discuss the ongoing struggle for ‘One Rank One Pension’
(OROP) its merits and implications, let us get a historical
perspective of past denials- indeed betrayal- of Armed forces by
successive Governments and bureaucracy in Independent India!
Denial-1
Lt Gen Sinha mentions how after independence new pay scales were
introduced for both civil and military officers. Pre-Independence
civilian officers were allowed to retain their old, higher scales and
the new scales applied to their post-Independence colleagues. In case of Army officers, those serving from before Independence were also brought on the new (reduced) scales! Lt Gen Sinha’s own salary, Rs 1065 per month as major, was reduced overnight to 700 per month, loss of about 30% salary; while his pre-independence bureaucrats continued to draw their old higher salary! Sardar Patel wrote on 22 March 1947 that this was very unfair to Army officers. Finance maintained that whereas in the case of civilian officers, the numbers involved were very small, they were very large in the Army and the Government could not bear the heavy financial burden! Today Armed forces officers being lesser than civil bureaucracy, should the same logic not hold good, if funds are a problem for OROP?
Denial-2
Till the Third Central Pay Commission (CPC) in 1973, the pension for
Armed forces was 70%, and civil Government employees 30 % of last pay drawn! This was to compensate for the compulsory early Retirement of Armed Forces as compared to the Civilians, explained subsequently.
However in the 3rd Pay commission (CPCs are formed mainly by
bureaucrats till date) the pension percentage was made equal to both!
It actually reduced Armed forces pension from 70% to 50 %, and
increased civil pension from 30 % to 50%, on the logic that the Armed forces were soon getting OROP, yet to see the light of the day even after 42 years!
The implications of this were cruel to armed force veterans!
Pre-independent veterans, many of them having fought, wounded disabled and survived in second world war, 1962 China war, Indo-Pak wars of 47, 65 and 1971- fighting five major wars and saved Kashmir and Srinagar for India from Pakistan – lost about 30% salary while in service and 20% loss in pension! Post- independence veterans lost 20% on their meagre pension and financially too lost out on full pay due to early retirement! Contrast this with their civilian counterparts who enjoyed 20% enhanced pension, and serving full tenure till 58 years (later 60)!
Denial-3
4th CPC sanctioned ‘Rank pay’ in addition to Basic pay but due to
‘faux paus’ by the controller of defence accounts(bureaucrats)-
deducting ‘rank pay’ from total emoluments and then doing pay
fixation-resulted in financial loss to the Armed forces with negative
cumulative effect on pay, DA, Pension, gratuity and commutation! After years of litigation, the matter was decided in favour of Armed forces by the Supreme Court in September 2012, yet to be implemented by bureaucracy!
Denial-4
6th CPC ruled that pensions should be fixed at 50 % of the ” MINIMUM OF THE RANK IN THE PAY BAND, CORRESPONDING “. The bureaucracy erroneously placed the pensions of (only) Armed forces at 50 % of the ” MINIMUM OF THE PAY BAND, CORRESPONDING”! 4 different ranks Lt Col, Colonel, Brigadier and Maj Generals were in the same Pay Band-4, and MOD placed all of them at the bottom of this pay band for pension fixation ignoring their ranks! The resultant utter chaos- officers of 4 different ranks and grades; drawing the same pension, irrespective of their Ranks and differences in length of service- yet to be remedied till today! Denial of even a few hundred rupees in the eighties while one was in service with family commitments to cope up, was indeed harsh!
Denial-5
Imagine thousands of veterans who died and are dying every day and have all lost out on their full rightful pensions for ever! To those
living since 1973, three-fold loss – being deprived of 20 % of their
earlier pension(3rd CPC) plus loss of their genuine entitlements due
to rank-pay calculation error(4th CPC) and Band pay(6thCPC)by
bureaucracy! No errors were ever made while calculating the emoluments of civil bureaucrats- by themselves in all CPCs-getting their dues in time, unlike the Armed forces!
Denial -6
Now contrast this with how the bureaucracy had gifted to themselves “non-functional upgrade“ (NFU) in the same sixth CPC to officers in all India Group A services(IAS, IPS, IFS)- from which the Armed forces were inexplicably excluded- wherein subject to certain conditions, even without being promoted a civilian could draw higher pay than their rank and grade- a sort of `pay-promotion/ compensation, reward for non-performance/ promotion, despite supersession- with the higher pay automatically resulting in higher pension on retirement, a modified OROP for themselves!
Denial-7
Disabled civil employees are retained in service till 60 years with
normal pension! Military personnel, where chances of disability are
much more due to professional hazards, wars and risks are thrown out of service, often with these personnel denied even their disability pension!
Capt Siddu’s right arm was amputated while on duty at high altitude in November 1970. After fighting legal battle in various courts for 40 years, and even burning his artificial limb at India Gate, he got
justice! 0n 1 Apr 2010, the Supreme Court slammed the union government for treating army personnel like “beggars” in respect of emoluments and pension and asked the authorities to adopt a more “humane approach” towards those bravely defending the country’s borders. They went to the extent of saying that “If a person goes to any part of Delhi and sits for begging, he will earn Rs1000 every day and you are offering a pittance of Rs 1000 per month for a man who fought for the country in the high altitudes and whose arm was amputated? It is unfortunate that you are treating them like beggars”. OROP for Armed force personnel should be examined in this background!
Definition
One Rank One Pension (OROP) implies uniform pension for Armed Forces Personnel retiring in the same rank with the same length of service irrespective of their date of retirement, with future enhancement in the rates of pension to be automatically passed on to the past pensioners.
Justified
OROP, despite acceptance and firm commitment by all political parties of all hues; the Parliament; the public; and by all pay commissions since 1973, and by Supreme Court ruling on 16 Feb 2015 for its implementation within three months(15 May) is not complied with! The Parliamentary (Koshiyari) Committee said
“There is merit in the demand for One Rank One Pension by Armed Forces Personnel, otherwise the matter would not have been considered time and again by various committees of the Government and Central Pay Commissions. It could have been rejected once and for all and principle of res judicata would have been applied to this demand”.
Despite this the bogey of huge unrealistic financial outlay, similar
demand by other central police forces and bureaucracy were spread to frighten the governments!
Why OROP only for Armed forces?
1. About 88% Military Personnel retire between 35-37 years of age, and 90% out of the remaining retire 54-56 years, whereas ALL CIVILIANs retired earlier at 58 (now at 60 ) years. Thus the Armed force
personnel miss pay increments due to successive pay commissions till
60 years of age due to compulsory early retirement which is the
necessity of the nation to keep a young age profile in the Army/ Def. forces
2. Restrictions on fundamental rights granted to a citizen are denied
to the Soldier. They have no right to protest, form associations,
agitate or complain about nature of duties, working hours, conditions and hazards!
3. While civil employees are only subjected to Indian Penal Code,
Armed forces personnel, besides IPC, are also subjected to Military
law and court-martial, swifter and harsher in nature!
4. Tough postings in Hilly, High-altitude, jungles, deserts,
insurgency prone areas, more often separated from families
5. War risks, loss of limbs or life and poor compensation!
Existing sad reality
Political parties In last 4 decades- because of party politics,
coalition politics and struggle for its own very political survival-
had neither the time, nor interest to get into the nuances of this
complex problem! This resulted in heavy dependence on bureaucracy - well informed and well entrenched with its views- and the results are there for all to see!
Conclusion
The Armed forces function under adverse conditions, in a strictly
regimented, mostly in hazardous, stressful conditions, often compelled to maintain two establishments on being posted away from family!
They work 24/7, under a strict disciplinary code throughout their service!
OROP is more than justified not only for a dignified living as a
veteran soldier but also for the past denials of their genuine dues!
A word of caution to my friends in bureaucracy-
“Heat not a furnace for your foe so hot that it doth singe yourself”-
William Shakespeare