Many a thanks for your reply.
I feel that our chief concern is still not getting conveyed to you in right words. Let me attempt again by putting it in bullet points so that the root cause is identified.
- A) That while implementing Hon Supreme court decision, which was a originally CAT PB and Delhi court order, only half the part of order which says “min of the pay in pay band” has been implemented but court also ruled in the same ruling that the revised pension w.e.f. 1.1.2006, "in no case", shall be lower than 50% (refe DoPPW OM No.38/37/08-PPW(A) dated 30-July-15). That part of the judgement was omitted and pension was reduced pro rata linking to 33 yrs vide your letter dated 3rd Sep’15.
- B) The idea ofReducing pension pro rata has been “imported” from earlier circulars namely 430, 501 in which pension was calculated on “top of V CPC scale of the retiring rank”. So if pension is to be reduced pro rata, then top of the scale of Pay Band of VI CPC should be considered.
- C) Thus it is evident that orders detrimental to interest of JCO/ORs have been picked up from two different sources meant for different occasion and then mixed up to the most disadvantage of JCOs /ORs.
- D) MoD Letter no. 1(04)/2015/(1)‐D(Pen/Pol) dated 3rd September 15, para 2 of this letter speaks that "It has been decided that with effect from 01.01.2006 pension/family pension of Pre-2006 JCOs/ORs Pensioners/family pensioners shall be determined as fifty and thirty percent respectively of the minimum of the fitment table for the Rank in the revised Pay Band" quoting reference of DoPPW OM No.38/37/08-PPW(A) dated 30-July-15 but the table speaks otherwise contradicting its own order.
- E) Whereas various courts has ruled (attaching Delhi High Court Judgement- refer para 25 & 26) , latest being Supreme Court dismissal of Review Petition namely UNION OF INDIA AND ORS Vs M. O. INASU SLP(C) NO. 6567/2015and also GOI resolution dated 29.82008 atsl no. 2(Copy enclosed), it is said that "Linking of full pension to 33yrs should be dispensed off" and item three of this same GOI resolution dated 29 Aug 2008 further reads about same.
- F) It is therefore requested to re-visit the table A B C of Army, Air Force and Navy respectively of your letter no. 1(04)/2015/(1)‐D(Pen/Pol) dated 3rd September 15 and correct the values of pension @ 50% of min of pay in the band corresponding to the prerevised pay scale from which the pensioner had retired.
- G) We also request you to consider the pension more beneficial to flow from 1.1.06 and arrears be calculated on pension whichever is more beneficial to pensioner and not the one which is more detrimental to JCO / ORs interest. It is the chief reason of all hue & cry.
Ma’am we kindly request you to spare some time for us and give us an appointment (as convenient to you) to enable us to explain our concern directly, to you, point by point with all supporting documents as like patient speaking directly to his doctor and not through his “extended family representatives”. I hope you will consider our request in order to understand the deep insight of the problem of JCOs & ORs.
Post Script:Ma’am making one generic request to you – whenever you are noting down the concern of JCO / ORs from any organisation, I would request you to kindly consider whether representative of JCO / ORs (from within community) are available in the meet or not. This is because we (JCO / ORs) firmly believed that our concerns have not been conveyed correctly to the government by our Military Leadership on earlier occasions so is the reason of suffering today. I have indicated the same in above para via doctor & patient relationship.
Ex Petty Officer (IN)
General Secretary (AFVAI)