FLASH

Invites regional ESM organizations to get affiliated with AFVAI to strengthen the movement Further.Please contact at afvaindia@gmail.com #

FLASH

WATCH THIS BLOG REGULARY FOR LATEST NEWS ON ONE RANK ONE PENSION & OTHER SERVICE BENEFITS RELATING TO EX-SERVICE PENSIONERS #

Tuesday, 13 October 2015

PRESENTATION OF CLARIFICATION ON THE APPEAL SUBMITTED TO DESW



Dear Madam,
                          
Consequent to our appeal , we are of the opinion that the guidelines, rules , regulations and mechanism  of 6 CPC to benefit civilians, army officers and PBOR are same and uniform but implementation of those guidelines is prejudiced and biased. Execution of these orders of 6 cpc for PBOR,s  is discriminatory.
  It would not be out of place to mention that 6 cpc recommended three ways for pension fixation for pre 2006 pensioners and they are as follows:-
1.       Present pension was to be multiplied by 2.26 ( no mention of 33 yrs)
2.       50% of last pay drawn ( the formula of 33 yrs was applicable and pro rata reduction if service less than 33 yrs and also included weight age )
3.       50% of Min of pay in the pay band + grade pay,( here there was no condition of 33 yrs and clarificatory notes of 03.10.2008 and 14.10.2008 quashed by legal authorities including SC )

It was here that 6 cpc stipulated that pension fixed by above 1 and 2 methods will not be less than 50% of min of pay in the pay band and Grade pay including MSP and X pay for defense personnel. Minimum Fitment Tables mentioned in cir 542 as per SAI 01/.S/2008 Tables No 8,9,10,are sufficient to show that 50 % thereof must be pension for 15 yrs for PBOR,s. This condition is mentioned everywhere but not IMPLEMENTED. Kindly refer cir 547,cir 542 wherein ‘ SERVICE PENSION IS MENTIONED AS 50% AND FAMILY PENSION 30% OF MINIMUM OF FITMENT TABLES BUT AMAZINGLY PRORATA REDUCTION WAS UNWHOLESOMELY  INTRODUCED AND OUR PENSIONS REDUCED.Madam, how can it be that NOTIONAL MAXIMUM MADE UP FROM UPPER END OF 5 CPC AS PER CIR 471 AND MINIMUM FITMENT TABLES MADE UP FROM LOWER END OF 5 CPC AS PER  SAI 01/S/2008 ARE APPLIED FOR 33 YRS AND PRORATA REDUCTION.
                It is logical that notional Maximum are devided by 33 and multiplied by no of years of service but how can a  person be made to believe that Min Fit Tables made up from lower end of 5 cpc which is applicable for a fresh joinee be devided by 33 and made it Pro Rata.It was only a condition by 6 cpc to protect modified parity and if it would have been implemented properly but for clarificatory notes of 03.10.2008 and 14.10 .2008 having been quashed by court, the need for CSC committee would not have arisen but clarificatory notes of 03.10.2008 and 14.01.2008 played a rogue and led to short fix our pension. Now every thing is clear but still PBOR,s are discriminated. Now let us illustrate our points based on the facts and guidelines in the MOD letters and PCDA circulars.Let us proceed circular wise.
Cir 547.
It says service pension 50% and family pensin 30 % of Min fit tables.  A nb sub  GP X Min fit table is 18340  and 30% thereof is 5502 family pension for 15 yrs and also refer to cir 502. How 50% of 18340 is 5558/- for 15 yrs why not 9170/-,
A sepoy GP X Min fit table is 12240 and 30% thereof is 3672 for family pension for 15 yrs and also refer to cir 502. then how 50% thereof is 4637 for 15 yrs for  a pensioner and not 6120 for 15 yrs. THE SAME ANOMLY EXISTS IN ALL CASES.
CIR 502
It is Govt record to show that pensioners have been highly indiscriminated  and taken for granted.It is a well established fact that family pension cannot be more than the pension of a pensioner but enhanced rate of family pension clearly shows that it is more than even 110  %to 140 % more than our pension in spite of the facts in Para 4 of cir 502 that ENHANCED RATE OF FAMILY  PENSION WILL BE 100% AND ORDINARY RATE OF FAMILY PENSION WILL BE 60% OF PENSIONERS PENSION . IT MEANS THAT ENHANCED RATE WILL BE EQUAL TO THE PENSION OF PENSIONERS.Enhanced rate of family pension of nb sub GP X for 15 yrs is 9170/- but pension of a nb sub GP X for 15 yrs is 6974 and the same results are for other PBOR,s.
NOTE
It is earnestly requested to look into the anomalies and correction be made and cir 547 be accordingly modified giving 50 % of min fit tables for 15 yrs to the benefits of PBOR.
Cir 430 & 501 & 571
 Our pensions were improved upon on 01.07.2009 and 24.09.2012 under CSC committee  as per cir no 430 and cir 501 taking help of cir 471 and the court ordered to implement the same wef 01.01.2006 but a new cir 547 with illegal figures was circulated. The cir would have been issued as per conditions mentioned therein ( 50 % service pension and 30% family pension which is correct but service pension not properly mentioned)It is argued that the court order is not applicable on Notional Maximum made up from upper end of 5 cpc then how the same is applicable for LT and Capt whose min fit tables are also made up from 104 % more from the upper end of 5 cpc? . the recourse is taken of Hon LT and HON Capt.s Min fit Tables and it has resulted to them in manifold benefits such as dis pension, war injury pension,liberalized pension , service pension and perhaps for serving officers also.see cir 542

 After going through the contents mentioned above,  we are  compelled to think that PBOR,s are highly  indiscriminated. We hope our meeting with you Madam will draw attention of our  administrators to pay attention to our appeals and correct the anomalies mentioned in our representation.

Thanks & Regards

The chairman                                               Gen secretary  
 AFVAI                                                          AFVAI

                                                    
Members of Delegation
AFVAI     

7 comments:

  1. calculation is correct as per pro rata. pse check it up. they calculated on the basis of full pension for 33 yrs. This can only be get rectified by challenging the same in a court.

    ReplyDelete
  2. Our learned in service and retired officers are worried and busy with their NFU issues and no time to project POTOS genuine pension problems. AFVAI is doing a commendable job to bring the issues to forefront of authorities and it is high time to all ESM to give a supporting hand to this organisation.

    ReplyDelete
  3. Whosoever has made circular 547 has successfully circumvented the Court order which amounts to contempt of Hon'ble court. Careful reading of the judgment of Delhi High Court shows that veterans should immediately file contempt for non-compliance instead of submitting representations, as the formulation of table is not by any means inadvertant. It appears to have been prepared with an intention to reflect as if court order has been complied at the same time without increasing anything worth to name.

    ReplyDelete
  4. I am a Pensioner from MEA. My pension is correctly fixed as per contention of GS AFAI . His contention is quite right as far as it concerns to pension fixation. Why not consult Civil ministry.

    ReplyDelete
  5. The contention of GS AFVAI is quite right. My own pension has been fixed by the insist ray of EA likewise.

    ReplyDelete
  6. As far as pension fixation of ex servicemen is concerned the contention of GS AFVAI is quite right. The same formula is applied in my case. I am also a pentioner of Central Govt. I.e. MEA.

    ReplyDelete
  7. The above mentioned contents of GS AFVAI with regards to the fixation of pay of vteterans are quite in commensurate to the procedure adopted in the cases of civilian pensioners of the Central Government. Apart from Ex-Serviceman, I am also Central Govt pensioner from Min of The X-ray Affairs. My own pension has been fixed likewise.

    ReplyDelete

EXSERVICEMEN BENEFITS