Family Pension: Lt Col and Equivalent Ranks

Lt Gen Raj Kadyan, PVSM, AVSM, VSM
Chairman
262, Sector-17A, Gurgaon – 122 001
Mobile-9811226676
IESM/Pension/Family/2011
Dated: 17 January 2011

To:
Mrs Sushma Nath, IAS
Secretary Ex Servicemen Welfare Department
Ministry of Defence
South Block, New Delhi – 110 011

Family Pension: Lt Col and Equivalent Ranks
Widows of Lt Cols and their equivalent ranks had been drawing a monthly pension of Rs 15,420.00 after implementation of the Sixth Pay Commission and after the Lt Cols were upgraded to Pay Band 4. This had been correctly worked out based on 30% of the sum of the minimum of pay band (Rs 37,400) + Grade Pay (Rs 8000) + Military Service Pay (Rs 6000). Widows have accordingly been getting their pension and have also received the arrears. However, an assumed error has now been introduced in the pension tables issued by the Ministry of Defence vide their circular dated 15.11.2010. According to these tables, the family pension of a Lt Col is fixed at Rs 8,760.00. It seems the Lt Col and equivalents have again been brought down to Pay Band 3 by those that prepared these tables.
The figure of Rs 8,760.00 as monthly family pension of Lt Col is beyond comprehension and this has caused avoidable consternation in the Ex Servicemen community, who are already edgy at their still pending demand of ‘one rank one pension’. I do sincerely hope this is only an error. May I request you to have it kindly rectified at the earliest.
A confirmation will be much appreciated.
With best regards,
Yours sincerely,
Raj Kadyan

Rank Pay Case- Government scuttling the Supreme Court orders

Dear Friends,

The rank pay case came up in the Supreme Court today.

The Govt Council put a plea that a lot of similar petions had been filed in various High Courts but all of them have not been transferred to the Supreme Court, as such further hearing should only be held after all such petitions are transferred.
The learned council for the Retired Defence Officers Association pleaded that the Supreme Court has already given its judgement in the case of Maj Dhanapalan case and there is no requirement for transfer of all cases, as the decision in this case will automatically be applicable to all such cases as well as similar placed officers.
The Honble Judge of the Supreme Court then adjourned our case to 24 Jan 2011.
Kindly inform all affected offrs.

With warm Regards,
Col Baldev Singh Dhillon (Retd)

Verdict by ATF

Dear Veterans,

The favourable Verdict of ATF, in Majors' Pension case was expected & I had pointed this out when the case was filed by Lt Cdr Avtar singh. The success is mainly due to the fact that the case was not filed, siting various other cases where the SC, to the interpretation of some Veterans, had pointed towards the acceptense of the priciple of OROP. This case was mainly fought on the merits of interpretaion of a Govt Order, which was a blatant & deliberate misinterpretation. The following quote from Maj Navdeep Singh is valid.


"To be fair to the Department of Pensions and Pensioners’ Welfare, they tried their best to reason out with the Department of Expenditure that their (DOE's) interpretation of pension fixation for pre-2006 retirees was not right and that it needed to be corrected and the clarification revised. But despite the fact that the Ministers (MoS) of both the Finance and the Personnel Ministries were in favour of the correction in the right spirit of the 6th CPC recommendations, it was ensured by the lower level babus at the Ministry of Finance that it did not happen. The case was taken up time and again by the DoP&PW but was always rejected by the DoE".

However, this victoty is not a pointer towards OROP at all. But contrary to the usual practice, the Govt may not prefer an appeal against the Verdict in the SC, because the case so far was pursued by very low level bureaucrats of the concerned Ministry.


Veteran Raman

Col (Retd) TN Raman
E5/230, AWHO Parameswaran Vihar,
67, Arcot Road, Saligramam,
Chennai 600093

AFT judgement in favour of Major's Equivalent

From: avtar singh avtar_singh10@hotmail.com
Subject: Major Case with AFT Delhi
To:
Cc: DELETED
Date: Tuesday, 14 September, 2010, 1:48 PM
Dear All,

I am pleased to inform you that we have won the case filed with AFT Delhi

Regards

Avtar Singh
14-9-2010
------------
From: CDR BALAJI [mailto:balajicso@yahoo.co.in]
Sent: 14 September 2010 03:31
To: avtar singh
Cc: DELETED – PLEASE MAKE USE OF BCC MODE OF ADDRESSEES. YOU ARE ENDANGERING EMAIL IDs OF YOUR FRIENDS.
Subject: Re: Major Case with AFT Delhi


Dear Sir,
Good News and Heartiest Congratulations to your goodself for spearheading the same on behalf of Majors and Eqv. I do understand that the Judgement Copy would take some time. However, in the interim if you could enlighten us on the main issues on which the AFT has passed the Judgement, we would indeed be obliged.

Needless, to state that the GOI would appeal against the Judgement in the Supreme Court, but I am positive we would win the case, as it is indeed a case of blatant injustice.

Regards,

L/Cdr GK Balaji
Member, Pension Cell IESM
99625-00199

Denial of enhanced pension to 'Widows'

Date: Sun, 15 Aug 2010 08:52:36 +0530
Subject: [CoreGpIESM] Re: [MilitaryVeterans] Re: ESM Sitrep 12 Aug Evening : Denial of enhanced pension to 'Widows'


Dear Sir

The tables on page 94 of the letter implementing the 6PC clearly show that the pension is 60% of the maximum pension of the rank.

It has nor relevance to the length of service.

Government contention is therefore not correct that the family pension is based on length of service.

It was possible to pay the widows the pension of the rank.

Brgds

R W Pathak

Cdr Ravindra Waman Pathak I.N.(Retd)
Member and Coordinator IESM Pension Cell
(Mobile 919822329340)

Denial of enhanced pension to 'Widows'

From: IESM_GovBody@yahoogroups.com [mailto:IESM_GovBody@yahoogroups.com] On Behalf Of pravesh renjen
Sent: 15 August 2010 04:57
To: Governing Body
Cc: Core Group
Subject: [IESM_GovBody] RE: [CoreGpIESM] Re: [MilitaryVeterans] Re: ESM Sitrep 12 Aug Evening : Denial of enhanced pension to 'Widows'

Reference email from Cdr Pathak below.
Entirely true. Para 5 of the GoI Deptt of ESW letter dt 11 Nov 2008 on pensions clarifies this amply. To quote; family pension ----, in no case, shall be lower than thirty percent of the sum of the minimum of the pay in the pay band and the grade pay thereon corresponding to the pre-revised pay sacle in which the pensioner/ deceased Armed Force personnel had retired/ died including military service pay and 'X' Group pay where applicable.

There is no doubt.

God Bless,

Pravesh Renjen (Maj Gen PK Renjen, Member IESM Governing Body)

Maj Gen Pension Victory deflated by GOI

Maj Gen Pension Victory deflated by GOI

Hello every one,

Our SC case came up for hearing yesterday & Naresh & myself were present in the Court. Our Senior Counsel Nidhesh Gupta got up to argue the case
& the Govt Chart that they had given us .But the Govt lady counsel immediately got up & said it was not possible to discuss the case off hand & we must file a counter affidavit .

Justice Altamas Kabir agreed with her & the case is adjourned to 9th Sep & before that we have to give them our affidavit 10 days in Advance.
Thus another day was wasted & the never ending saga goes on & on . But I suppose one has to bear with system , I can however, assure you that it is NO joke to attend the hearing in this heat. !

All the same we have taken the responsibility so there is NO problem at all.

Please inform all your friends who are affected.
Warm regards
Satish
Maj Gen SC Suri (Retd)
Posted by Indian ExServicemen Movement at 11:18 PM