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Tuesday, 23 August 2016

"1:2200000 Ratio"

Tue, Aug 23, 2016 at 6:54 PM

"1:2200000 Ratio" 

AFVAI represents  OROP anomalies of PBORs before Hon'ble Justice Shri. LN Reddy Commission  during his public meeting in Bangalore on 22 Aug 2016. 

Due to strict security restrictions inside the Air Force Station, electronic gadgets like mobiles, laptop, pen drive etc. were not allowed inside the meeting venue. Despite this restriction, the associations representing Officers managed to do power point presentation but I could not do so. Therefore the points were read out, elaborated on the dais and a hard copy of the same presented to OMJC.

Our presentation primarily focused on those anomalies referred by the MOD to the commission, as listed in it's letter dated 02.08.2016. The other points have been included as suggestions for improvement. 

(I) Whether the OROP to be extended to reservists?

YES. Must be extended.

(II) Whether the decision to grant benefit of MACP under OROP only to pensioners who have actually earned, require modification?

We suggested to include the past pensioners who have qualified to earn MACP also, for the benefit under OROP.
Accordingly, we demanded that  (i) the Sepoys & Naiks who have completed  16 years of service and  the Naiks who have held their rank for 8 or more years should be given the OROP of Havildar.(ii) the Naiks & Havildars who have completed 24 years of service and also the Havildars who have held the rank for 8 or more years should be given the OROP of Nb/Sub.

(III) Whether pension tables for more than 33 years to be prepared?

Yes, as the capping of pension at 33 years of service is no longer applicable. Further, those who serve beyond 33 years earn their annual increments which will increase their pension by 50% of such increments earned.

(IV) Whether the methodology followed for fixation of pension under OROP in the absence of actual retirees in the same rank with the same qualifying service, require any modification?

(i) We have submitted that similar situations would have arisen even in many  cases of PBORs as well. For example, with the enhancement of initial term of engagement to 20 years in Air Force and Navy long ago, there would not have been any retirements with 15 to19 years of service in the year 2013. Then what was the method which is logical and scientific followed to arrive at the minimum and maximum pensions between 15-19 years of service?  Since method has not been made available, we have an apprehension that the table 7 appended to PCDA circular 555 is incorrect and requires review. We all feel that we have received less OROP than  what is legitimately due to us in terms of MOD letter dated 07/11/2015. In support of our statement, we have attached a sample  OROP calculation made in the case of a Sepoy who joined Army in 1998 and retired in 2013 after 15 years of service, in the hard copy handed over to OMJC.

(ii) With regard to pension in the case of regular and honorary ranks modifications, if any, to be done for officers, the same may be made applicable in similar cases of PBORs also.

(iii) We have suggested to extend the benefit of 5 years time scale promotion applicable for Corporal in Air Force, to all equivalent ranks in Army & Navy. If implemented the Sepoy/Seaman/ LAC pensioned any time after 13 years (5+8) of service and the NAIK/ LSM/ CPL after 8 years of service in the rank will draw  HAV/PO/SGT pension. Similarly the HAV/PO/SGT retiring/retired any time after 21 years of service (5+8+8) will drawNb.Sub/ CPO/ JWO pension.

(V)Whether the methodology followed for fixation of pension for invalidated out war injury pensioners or liberalised family pensioners require any modification? 

We have suggested to follow the formula at 4(iii) above to the liberalised family pensioners as well. In their case, pension will be double the OROP of respective ranks, since they are eligible for 100% pay as pension.

(VI)Whether in the case of JCOs & ORs the pension is to be paid on the basis of last rank held instead of last rank pensioned under OROP?

We said that it must paid on the basis of the rank held on the date of retirement. 
We have pointed out that it is a well settled legal principle that there cannot be difference or discrimination within the same class as it would violate Art.14 of the Indian Constitution.
Therefore, when present JCOs & ORs are paid pension as per the last rank held by them, the same cannot be denied to past pensioners, under OROP.

We have also suggested the following improvements in OROP, for the consideration of OMJC:

1.The PBOR's OROP should be computed on the basis of the notional maximum pay, as their pension was always calculated on Maximum, as a compensation towards 25- 27 years of their truncated career.

2.Equalisation every year.

3, OROP should be exclusively on the basis of the rank held and therefore others conditions like scale of pay, group etc, which has adversely affected only the PBORs  be done with.

4. For any reasons, point (3) above is not acceptable then the OROP of Y group personnel can utmost be less only by 50% of the X group pay.

5. Same pension for different qualifying services needs review. 

Thanked the OMJC for his attentive hearing. He mentioned in his closing address that he had noted all the points presented by various associations and individual veterans and assured to do his level best within the TOR of his appointment as OMJC.

Last but not the least, we salute all the personnel of Air Force Station, Jalahalli for the meticulous arrangements they have done for the meeting. It was the icing on the cake!

President, Karnataka Chapter AFVAI.

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