Military Diploma + 10 years Experience No Longer Equivalent to an Engineering Degree

40-year-old ‘fake notification’ on veterans struck down

https://timesofindia.indiatimes.com/city/chandigarh/40-year-old-fake-notification-on-veterans-struck-down/articleshow/62216406.cms

Finding a 40-year-old notification issued by the Central government, equating an engineering diploma and 10-year service in defence forces to bachelor's degree in engineering fictitious, the Punjab and Haryana high court on Friday ordered the Haryana government to withdraw benefits availed of by ex-servicemen on the basis of the said notification.


The order will have a huge ramification across the country as a large number of ex-servicemen with a diploma in engineering and appointed junior engineers in various states were promoted to higher posts on the basis of the notification, allegedly issued on May 26, 1977 by the Centre.




The high court found that the document used as the notification since 1977 was in fact "an unsigned document and did not qualify even to be termed as an office memorandum."



Justice Ajay Tewari has passed these orders while disposing of a petition filed by Sirsa resident, Salaudeen and several other officers posted as sub-divisional engineers/assistant engineers in the Haryana Vidyut Prasaran Nigam Limited(HVPNL).



The court also ordered the HVPNL to quash its seniority list, which was prepared by considering claims of ex-servicemen on the basis of the "1977 notification" and directed it to reframe the seniority list after withdrawing the benefits granted to the ex-servicemen.



The Haryana government has been given six months to complete the entire exercise.



Fake notification: Quash seniority list of power body, says HC



The court also ordered the HVPNL to quash its seniority list, which was prepared by considering claims of ex-servicemen on the basis of the "1977 notification" and directed it to reframe the seniority list after withdrawing the benefits granted to the ex-servicemen. The Haryana government has been given six months to complete the entire exercise.

In this case, several ex-servicemen had applied for appointment as junior engineers in 2004-2005. At the time, they all had a diploma in engineering and 10 years' experience. They, however, did not claim to be degree holders and were appointed as diploma holders. Six years later, when the case of promotion to the post of assistant engineer was to be considered, the rules provided for a quota of 12 ½% to persons who held a degree or an equivalent qualification. At that stage, the ex-servicemen started claiming that in view of their diploma and their 10-year experience they were entitled to be considered as degree holders in view of the Centre "notification" dated May 26, 1977. Following that, they all were promoted in view of the notification.

Their promotion was challenged by other officers with an engineering degree on the ground that no such notification had been issued by the Centre. Their contention was that by this fraudulent action, the ex-servicemen had stolen a march over them and consequently not only were they required to relinquish that benefit, they are also liable to be proceeded against.

During the hearing of the case before the high court, the Union government stated there is a huge lapse on the part of the government machinery in so much as, for 40 years a particular benefit has been given to many persons without there being any authorisation for the same. The Centre informed the high court it had failed to find any proof of such notification in any government record.

The ex-servicemen, on the other hand, argued that for the past 40-years this benefit was granted to them across the board and withdrawing it at this stage would be extremely unfair to them.

ANTARCTICA EXPLORERS GET DOUBLE THE ALLOWANCE GIVEN TO THE SIACHEN WARRIORS

• Govt. has sanctioned Antarctica Allowance at double the rate of the Siachen Allowance.

• An Army Soldier facing bullets at minus 55 degrees while serving the country at the highest battlefield of Siachen Glacier will get Rs 30000 per month. However a civilian serving the country at minus 55 degrees in the winter at Antarctica where there are no bullets has been granted Rs 60000 per month i.e. double the Siachen Allowance.

• 869 Army personnel have lost their lives on the Siachen glacier due to climatic conditions and environmental and other factors till date since the Army launched Operation Meghdoot in 1984 (In December 2015, Indian Union Minister of State for Defence Rao Inderjit Singh said this in a written reply in the Lok Sabha). How many civilians have died while serving at Antarctica?

• Why this discrimination against the Defence personnel?

NFU for the JCOs/NCOs/ORs etc: Issues much bigger than the OROP

The following issues are much bigger than the OROP; high time the ESM pay attention to them; people are fast losing interest in the orop as Govt. has already given the OROP though in a diluted form:-


1. NFU (non-functional upgradation) for the JCOs/NCOs/ORs. Most of the soldiers retire as Naiks after 17 years of service in spite of the MACP (modified assured career progression) scheme. They get only one/two promotions/financial upgradations. Commissioned officers are assured the rank of Col i.e. minimum 4 promotions. Thanks to the NFU, every commissioned officer will get the pay of Maj Gen after 19 -20 years of service i.e.  6 financial upgradations. On the similar lines, every soldier must get promotion/financial upgradation upto Nb Sub at least in the form of NFU. All civilians get at least 3 promotions/financial upgradations under the MACP scheme. Why is this benefit denied to the soldiers?

2. 70% LPD (last pay drawn) as pension for soldiers as was there upto 1973.

3. Guaranteed employment till 60 for all soldiers. Presently soldiers are retired compulsorily when they reach the age group of 35-40. Thus soldiers are kicked out when they are in their prime of youth and have families to support. Their lives become insecure since there is no guarantee of further employment. Most of them land up doing class-4 jobs like security guards, peons etc. What a great respect given to our soldiers? This is grave injustice done to the soldiers. Even a civilian peon retires at 60.

4. MSP (Military Service Pay) of soldier should be the same as for anyone else and should not be lesser than that of a military nurse. Presently a nurse who is a non-combatant gets the MSP of Rs 10800 per month. However a combatant JCO/NCO/OR gets only Rs 5200. What a great logic!

5. Disability pension, Siachen allowance should be the same for all ranks. 

6. Formation of ex-servicemen commission/ministry  at national and state levels, headed by an ex-serviceman of any rank.

Updated: A Million Salutes to Col Mukul Dev, Saviour of Armed Forces (NFU Case)

Original Post

On 23 Dec 2016, the Armed Forces Tribunal (AFT) passed a historic judgement granting pay parity to the defence officers with the civilian group 'A' officers.

Since 1947, Armed Forces especially those in  officer cadre have been brought down continuously in status, basic payscales , pension and perks thanks to the successive Pay Commissions headed by the civilian judges with civilian bureaucrats as the members.

Situation reached alarming levels post 2006 when almost every Tom, Dick and Harry in the civil services' officer cadre started getting pay of Major General after just 19 years of service and that of a Lt General after just 27 years of service.

The loot came through the magic wand called 'NFU' i.e. non-functional upgradation granted to the civilian officers by the GOI.

On some funny pretext the armed forces, the last resort of the nation in any emergency were denied the benefits of the NFU. This resulted in lots of heart burning and lowering of the morale of the defence officers.
Every civil service (organised group A) officer was granted the pay (and hence pension) of Lt Gen (Rs 67000-79000) after 27 years of service whereas 80% of defence officers were made to retire in the payscale of Colonel i.e. just Rs 37400-67000 with grade pay of Rs 8700.

Thus grave injustice was done to the defence officers. Not only was their status lowered but also their pay and pension.

A DIG with just 14 years of service started equating himself with a Brigadier with 30 years of service and a Joint Secretary with just 17 eyars service started equating himself with a Major General of 33 years service.

Even Field Marshal Cariappa, Field Marshal Manekshaw, General Thimayya etc. could not arrest the steady downfall of the defence officers.

What could not be done by the Greats like Cariappa, Manekshaw and Thimayya has been done by a man called Mukul Dev who is a serving Colonel of the Indian Army.

Col Mukul Dev

Col Mukul Dev and his lawyer Col Manglik have been able to convince the Indian Court that Army, Navy and the Air Force are also organised group 'A ' service and are hence entitled to the non-functional upgradation like the civilian non-IAS officers who get the payscale of the IAS officer after a 2 years lag.

GOI has been denied to appeal against the verdict in the SC thanks to the forceful argument put by Col Mukul Dev.

Hence if an IAS officer becomes Joint Secretary after 17 years, now defence officers will get that (Maj Gen) payscale after 19 years of service.

If an IAS officer becomes Addtl. Secretary after 25 years, now defence officers will get that (Lt Gen) payscale after 27 years of service.

IMPLICATIONS OF THE AFT ORDER ON NFU

1. Pay of all defence officers who were serving on 01 Jan 2006 will be revised based on the NFU.
2. Arrears will be given not from 2006 but for the last 3 years only.
3. Veteran officers who retired post 01 Jan 2006 will also get the benefit of NFU because their pay and hence pension will be revised wef 01 Jan 2006.
4.  Veteran officers who retired before 01 Jan 2006 will also get the benefit of NFU after the next equalisation of the OROP.

For more reading

http://www.tribuneindia.com/news/nation/armed-forces-to-get-pay-parity-with-civil-services/341127.html
http://indianexpress.com/article/india/aft-allows-petition-seeking-nfu-for-defence-officers-at-par-with-group-a-services-4441872/

Career & Pension Blues of the Indian Army Jawans

Question 1: Is Army a better career option than Police?

Answer: Please see the following table to arrive at your own conclusions.

Both the Army Jawan and the Policeman start at the same basic pay of Rs 21700. An Army Jawan also gets Military Service Pay of Rs 5200.

An Army Jawan is retired at the age of 35 onwards. Almost 80% Jawans retire by the age of 40 when they are in the prime of their youth, energy and health. That is time they have maximum family committment. No further employment is assured to them. Hardly 20% get reemployment.Most of them land up doing jobs of security guards at measly salary of Rs 8000 or so.


A Policeman retires at 60 and thus is able to serve another 20 years more than an Army Jawan.

At the time of retirement, Policeman will get pension of Rs 37150 whereas an Army Jawan will get pension ranging from of Rs 21100 to Rs 24000.

Thus a Policeman gets around 65% more pension than the Army Jawan due to the truncated career of the Jawan.

Thus inspite of the much hyped OROP (one rank one pension) and the MSP, an Army Jawan continues to be at a great loss careerwise and pensionwise.

Question 2: Which Pension Formula is the best for the Army Jawans?

 Answer: It is believed that before the 3rd Pay Commission, Army Jawan used to get pension as 70% of the last pay drawn compared to the civilians who used to get 33% of the last pay drawn as pension.

Before the 6th Pay Commission, Army Jawan used to get pension based on the 50% of top of the payscale.

However after the 6th pay Commssion, Army Jawan was given pension at 50% of the last pay drawn. Military Service Pay of Rs 2000 was given and included in the pay.

After the 7th Pay Commission, the MSP has been hiked to Rs 5200 and is included in the pay on which pension is calculated at 50% of the last pay drawn.

The following table gives the pension due to the Jawan under the various formulae.

It is very clear, that Jawans were benefitted the most by the pension formula in vogue before the 3rd CPC.
A Jawan retiring after 17 years at basic pay of Rs 37000 would have got pension of Rs 25900 with this formula without any MSP; pension of Rs 21780 with the pre-6th CPC formula. However in spite of getting MSP of Rs 5200, a Jawan will get much lower pension at Rs 21100 after the 7th pay Commission. This repersents a loss of Rs 4800, almost 19% in pension.

Hence it is desirable that Jawans should be given pension at 70% of the last pay drawn.

Grant of MSP along with tinkering of the pension formula has actually lowered the pensions, in fact. Surprising! Sadly, the Pay Commission officials have overlooked this fact.

Career: Indian Army no match with the Indian Police

Far Higher Basic Pay Scales of Indian Police Officers.

Much Lower Basic Pay Scales of Indian Army Officers.

Basic Pay Scale affects pension & status/protocol also.

Training period of Police Officer counted for service, pay, promotion, increment & pension but not counted for an Army Officer.

Why these disparities?

Why this discrimination with Army Officers?

What is the solution?

Delink basic pay scale with rank and link it with years of service on Non- functional  basis.

(Can someonemake similar tables for the JCOs/NCOs/ORs?)