Wednesday, October 28, 2009

LETTER TO THE PRIME MINISTER -by Lt Gen SK Bahri (IESL/IESM/NFDC/RDOA)

14 Oct 09

MILITARY PENSIONS

Dear Hon’ble Prime Minister,

I enclose herewith a letter signed by the major Ex Defence Services Organisations on the above subject.

The unfairness of military pensions, as presently envisaged, is agitating the minds of all ranks. Mr Prime Minister, it is not the quantum of money that is bothering them, but the rank discrimination and humiliation that has been heaped on them over the last 60 years, culminating in the 6th Pay Commission award.

Despite the loyalty of the soldiers and having sacrificed their lives for the safety of the Nation, when it comes to the sharing of a portion of the Nation’s wealth the soldiers are treated as though they were children of a lesser God. While, the people who are responsible for the ills of the Country, like Naxalism/Maoism, farmers’ suicides, absence of governance and a total breakdown of law and order, take away the cream due to their proximity to the powers that be. The Nation it seems, little realizes that that it is due to the security the Defence Services provide, that the Nation can generate wealth without let or hindrance. The best diplomats cannot deliver unless they know that they have a steel punch in their velvet glove. Hope a considerate Nation gives the soldiers their due.

Looking forward to an early response at the above address.

Wishing you a very Happy Diwali.

Yours sincerely



Lt Gen SK Bahri (Retd)

Convenor



Dr Manmohan Singh

Hon’ble Prime Minister of India

7 Race Course Road

New Delhi 110 011



CC:



Shri AK Antony

Hon’ble Minister of Defence

Ministry of Defence

Room No 104, South Block

New Delhi 110 011



Shri Pranab Mukherji

Hon’ble Minister of Finance

Room No 134, North Block

New Delhi 110 011

______________________________________________

Ref. No IESL/353/6th CP/09 14 Oct 09

MILITARY PENSIONS

1. The major Ex Servicemen Organizations functioning in the country today viz Indian Ex-Services League (IESL), Air Force Association (AFA), Naval Foundation Delhi Chapter (NFDC), Indian Ex Servicemen Movement (IESM), Retired Defence Officers Association (RDOA) in a coordination meeting held at IESL HQ on 06 Aug 09, analysed the Cabinet Secretary's recommendations with regard to the grant of One Rank One Pension (OROP), implementation of Supreme Court judgment regarding Major Generals and a few important and urgent issues concerning the Military Veterans of Defense Forces.



2. It was felt by all participants that the Government, though promising it in the Budget speech, has not even remotely touched the concept of OROP. The Cabinet Secretary has conveniently overlooked the terms and conditions of soldiers and treated them as any other Government servant. A soldier's life is particularly influenced by his service conditions listed below:-

a) Surrender of fundamental rights.

b) Accept even death as a professional hazard.

c) Live under extremely adverse physical and mental conditions during most part of service life.

d) Ignore even the hardships their families undergo, treating those as part of the sacrifice they are called upon to make.

e) Pass promotion examinations and attend courses of instruction in which non performance can affect ones career.

f) Maintain his physical fitness and clear selection boards at every rank from Jawan to Lt Gen to meet the requirements of a paramedical organization. Only less than 1 percent reach the appointment of Hav Major, and rank of Sub Maj and Lt Gen, amongst Other Ranks, JCOs and Officers respectively. While 100 percent of direct entrants in IAS and IFS reach the rank of Addl Secy and above.

g) Retire much earlier than the age of superannuation, as opposed to other Government employees and with no assurance of a second career. A jawan retires between 35-38 Yrs, JCO 42-48 yrs and an officer between 52-60 yrs (bulk of them at 54 yrs as only 15 percent hold the rank of Brigadier and above).



JCOs And OR



3. Though the Finance Minister announced in the Parliament that he is going to redress the long outstanding demand by the Defence services for OROP, what has been recommended in the Cabinet Secretary's Report falls grossly short of ONE RANK ONE PENSION. There is a large gap between pre 1 Jan 06 retirees and post 1 Jan 06 retirees. A pre 1 Jan 06 Sepoy will get only Rs 5461.00 versus Rs 7045.00 by post 1 Jan 06 retiree with 50 percent weightage. In fact, a pre 1 Jan 2006 Hav will be getting less pension than a Jawan, who retires post 1 Jan 2006. So the principle of two individuals with equal number of years of service and similar ranks (responsibility) must draw similar pensions, has been overlooked. The difference in respect of JCOs is equally glaring.



Officers



4. By not even touching the OROP issue for officers, the Government has created a seriously unacceptable situation which is against Article 14 of the Constitution. In the present dispensation, a Major General who retired prior to 01 Jan 2006 will get less pension than post 01 Jan 2006 retiree Lt Col, Col, Brig and of course, Major General. Likewise a Brig, Col, Lt Col, Major, Capt and JCOs and OR will get less pension than their counterparts who retired after 01 Jan 2006. What then is the sanctity of the Finance Minister's statement in the parliament? This is a totally unacceptable situation. A senior rank officer must never get less pension than his junior rank officer irrespective of the date of retirement. What we have instead is that four ranks from Lt Col to Maj Gen have their pensions fixed within a mere Rs 1000.00, when their service pay is different by over Rs 9,000.00 at the minimum scale, and the last three ranks (Col to Maj Gen) are by selection. Therefore, the very functioning of the army rank structure is being adversely affected. Another bloomer is that post 1 Jan 06 a Maj draws Rs 11000.00 less pension than a Lt Col While a Maj Gen draws Rs 9,800.00 less than a Lt Gen while Lt Col to Maj Gen rank officers are grouped within Rs 1000.00. Surely, a more equitable distribution between all these ranks would have been more desirable. The seriousness with which pension scales have been worked out appear to have been designed to create anomalous situations which would agitate any human being. The IAS officers, who are charged with the job of equitable fixation of pay and pensions, are not concerned as all the directly recruited officers retire as Additional Secretaries and above.



5. While implementing the Hon'ble Supreme Court judgment in the case of Maj Gens, the Government has accepted the concept of granting the same pension to pre '96 and post '96 retirees on the plea made by Maj Gens when 5th Pay Commission was implemented. In the same way the Govt should have applied the same concept in the case of pre 01 Jan 2006 and Post 01 Jan 2006 retirees.



6. The concept of Military Service Pay (MSP) must be applied to all ranks ie., from Sepoy to COAS since Defence Forces function as a cohesive force under similar adverse conditions and degree of difficulty. There is no justification in excluding a few officers of senior rank for grant of MSP. The invisible barrier of an Additional Secretary, Secretary and Cabinet Secretary's pay must be removed for senior defence officers.

7. We the undersigned make the following recommendations, acceptance of which by the Government will go a long way in strengthening the unfailing confidence that the Ex-Servicemen community has in the Government:-



a) MoD's proposal should honour the principle of OROP in its entirety for all ranks and not in form only. OROP means that two individuals of the same rank and same length of service must draw the same pension at all times, irrespective of the date of their retirement.

b) Eligibility for MSP should be extended to all ranks, including that of the topmost rank.

c) The present distinction of the war injured and the disabled defence personnel into different categories must be done away with and ALL war injured and disabled personnel be sanctioned compensation on 'Percentage of Pay' basis, as is already applicable to all civilian officials of the government.

d) Government must not force ex-servicemen to approach the courts to seek justice as was done to Maj Gens. It must be magnanimous enough to give the ex servicemen their due without resorting to repeated appeals in the courts, to undo the courts' orders.

e) Between two Pay Commissions, the period of ten years increases the gap in the pensions of old retirees and new retirees. It is therefore desirable that midterm review be carried out and pensions revised, to compensate older pensioners.

f) Defence Forces, though trained for war, are the most peaceful and law abiding organizations. To make them resort to agitations is not befitting a caring Government.

Awaiting sympathetic consideration and early response.




Yours sincerely



Sd xxx Brig Gulia (Indian Ex-Services League)

Sd xxx

Maj Gen Satbir Singh (Indian Ex Servicemen’s Movement)



Sd Cmde G Sharma xxx Sd xxx Lt Col Satwant Singh

(Navy Foundation, Delhi Chapter) (Retired Defence Officers Association)





Sd xxx
(Lt Gen (Retd) SK Bahri PVSM)
Convener.
E 403, Som Vihar Apts, RK Puram, New Delhi 110022.
(Correspondence address)



Dr Manmohan Singh
Hon’ble Prime Minister of India
7 Race Course Road
New Delhi 110001



CC

Shri AK Antony
Hon’ble Minister of Defence
104, South Block, New Delhi





Shri Pranab Mukherji
Hon’ble Minister Finance
Ministry of Finance
Room No 134, North Block,
New Delhi 110001.