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14 October 2015

Armed Forces Tribunal issues notice to MoD, MoF on petition seeking pay parity with civil services

http://indianexpress.com/article/india/india-others/armed-forces-tribunal-issues-notice-to-mod-mof-on-petition-seeking-pay-parity-with-civil-services/

It has been contended that the armed forces officers cadre meets all the attributes attached to the Group ‘A’ organised service.

Written by Man Aman Singh Chhina | Chandigarh | Published:October 13, 2015

The Principal Bench of the Armed Forces Tribunal in New Delhi today issued notice to the Ministry of Defence and Ministry of Finance on a petition filed by a serving Colonel who has demanded that the Non-Functional Upgrade (NFU) applicable to IAS officers and other Group ‘A’ services be extended to armed forces as well.

In his petition, Col Mukul Dev, of the Army’s Judge Advocate General’s Branch, has contended that the morale officers of the armed forces has been lowered by the government by non-grant of the NFU and thus lowering the established status of the armed forces officers since independence. He has also argued that the stagnation in the armed forces is more acute than the civil services and that the denial is in clear violation of Article 14 and 16 of the Constitution “as the equals since independence have been made unequals”.
Arguing the petition before the Principal Bench, Jyoti Singh, Senior Counsel, and Colonel Rajiv Manglik (retd), advocates for the petitioner said that the purpose of grant of NFU is not to equate the monetary benefits or earnings enjoyed by a particular service but it is granted with the aim to remove the stagnation due to the acute shortage of vacancies and grant parity of promotional avenues within the IAS with stipulated lead of two years to the IAS.

The petitioner has argued that the parity established since independence and upheld by the pay commissions in succession between the armed forces and the All India Services/ Group ‘A’ services and IPS in particular has been disturbed and the petitioner has been deprived of the benefits extended to his counter parts in parity in the civil services.
It has been contended that the armed forces officers cadre meets all the attributes attached to the Group ‘A’ organised service. The petition says that the NFU has been denied on the pretext that Military Service Pay (MSP) has been given to armed forces officers. Citing this as a “gross mis-concept” the petition says that the grant of NFU is to alleviate the acute stagnation in service whereas the MSP and other allowances is due to the postings at various difficult terrain and living conditions.

It has also been pointed out that thereare a number of Group ’A services, who do not meet all the criteria for Group ‘A’ services yet they have been given deviation from the norms and awarded NFU. The services mentioned are Indian Legal Service and Indian Trade Service, Indian Statistical service, Indian Economic service and Central Information service.

What is NFU?

Non Functional Upgrade (NFU) entitles an IAS officer and other Group ‘A’ services officers of the civil services to get the pay scale of the highest promoted officer of their batch even if he or she is not promoted to the same rank. This higher grade is given two years after the batchmate achives the promotion. The aim of giving NFU is to alleviate the stagnation in the service due to non-promotion. Due to the steep pyramid of promotion in armed forces hierarchy, a large number of officers do not make it to the next selection rank. However, NFU has not been made applicable to armed forces. The Delhi High Court in its recent judgement has held that NFU is also applicable to officers of the central paramilitary forces.- 

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Dear Sir,
There are 20 lakh retired JCOs, NCOs and OR. Another 5.50 lakh widows of JCOs, & OR.
Is it possible for me to collect particulars from all of you?
Pl understand how pension has been fixed for Sepoy, 15 years' service of Group Y. If he retires in Jan 2006 his pay in 6th CPC is Rs 12,000 and his pension is Rs 6,000 which is half of it. But another Sepoy of same service and same group retires unfortunately in Dec 2005 (just one month before) then his pension was fixed at Rs 3550 and now enhanced by circular 547 to Rs 3748.

Do you call this pension fixation just and equitable?
Is it modified parity which aims to reduce the gap in pensions between two sepoys of same rank and same group and same length of service?
Is this justice?
How long will you accept this injustice?
For 10 long years do you know how much you lost in pension?
What I requested is: let one spirited, motivated and hard working retired JCO or NCO or OR take initiative and get me just 100 (and just 100) members and then we in TSEWA will file your case to get justice in AFT Delhi.

Everyone wants some one to do this job.
What does it entail?
Just post a mail in social media to join this just legal battle to get your dues. We are not asking for more pension but only praying for correct fixation of pension as given to some one who retires in Jan 2006.

There are innumerable judgments to support you. Then JCOs, NCOs, OR and widows will come in large numbers. You will get not 100 but 10,000 from you own state. Then send me those particulars in MS Excel. I will send you MS Excel sheet with all details required to be filled up like service no, rank, name in full, postal address, e-mail id, mobile no, date of joining, date of retirement, X or Y gp, classification allowance drawn while in service, pension fixed and paid as from Jan 2006. Pl enter particulars in this MS Excel sheet.
If I get 100 members by 31 Dec 2015 from all over India, we in TSEWA will file a case for correct pension for JCOs, NCOs, OR and widows by January or Feb 2016.
More number of litigants, less is the cost of litigation.

Pl do not be a passenger but be a driver and shoot the goal.
Is it possible for me when I am neck deep involved in legal case of Officers and collect particulars of 1000 JCOs and OR or is it possible for each one of in 29 states and 6 UTs to collect particulars of 100 Ex-Servicemen?
Pl help me to help you.
We have not time to lose.
Don't think January or Feb 2016 is very far. Our D day will appear soon.
None helps JCOs, NCOs,OR and widows except you yourselves.
Min of Def will never accept their mistakes and correct them. Do you think JS ESW would have conceded to argument of PO Santosh Singh when he appraised her problems of JCOs and OR when he met her on 12 Jan 2015?

It is always nice and polite talk and end result: we in Min of Def honour ESMs and did our job correctly. There is nothing wrong in our pension fixation. Sepoy who retires in Jan 2006 will get Rs 6000 as pension and another Sepoy who retires in Dec 2005 will get less pension at Rs 3550 which we have improved to Rs 3748 in Circular 547 and 549. This is going to be the argument of JS ESW.
So wake up my brothers and sisters.
None bothers about you.
No one cares whether you live or die.

But you can make all the difference if you have the will.
We in TSEWA will fight for you if you are willing to join us.
Let me see there should be one NCO or JCO or OR from each state and UT in India becoming a coordinator and helping me in collecting particulars of ESMs who are willing to join in this legal battle TSEWA will launch in January or Feb 2016.
I leave the rest to your better judgment.

regards,

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