Tuesday, September 8, 2015

WAR OROP : AVERAGED MEAN VALUE PENSIONS IN OROP THE POTENTIAL CAN OF WORMS

NOTES  ON "SARKARI OROP"



SOURCE : 
http://sol-dozdoz.blogspot.in/2015/09/the-potential-can-of-worms-of-averaged.html

CURTSEY :SUNLIT



THE  POTENTIAL CAN OF WORMS
                                    OF
 AVERAGED MEAN VALUE PENSIONS IN                                   OROP




Tuesday, September 08, 2015

 

It is anybody's guess when an official
 
implementation letter for OROP would be
 
issued. Till it can be seen and its detailed
 
provisions are known, it would really be
 
impossible to assess how OROP would translate
 
into reality.




In the last blog post, I had placed the
 
methodology of calculating the average of
 
pensions, for a certain rank with a certain
 
number of years of service, as the most
 
important concern of all. Now, with the other
 
issue that had caught the public imagination,
 
viz., the applicability of OROP to pre-mature
 
retirees, receding into the background, it may
 
be important to look at the averaging matter so
 
as to be a little aware of the consequences any
 
decision regarding the same could have.





The statement of 5th September, on the subject
 
of averaging, carries just the sort of vague
 
tones of feigned innocence that ESMs, with
 
their hard earned experience of the devious
 
manner in which phraseology can be deployed
 
as a weapon of offence against them, might be
 
justified in sitting up up and taking notice. If
 
such a blatant attempt as introduction of that
 
VRS issue can be made, in a statement to be
 
read by no one less than Hon'ble RM, there
 
could be some reasonable basis for concern on
 
what else might be in store.





Not being one inclined to favor spreading
 
paranoia, I would still urge a bit of caution. I
 
would not like to subscribe to current
 
speculations whether or not the highly
 
publicized VRS matter was an overt feint
 
intended, by some sections, to mask more
 
covert measures for whittling away at the
 
entitlements that should flow from OROP. The
 
VRS matter could have been a simple last
 
minute drafting glitch, but it would be erring on
 
the side of safety to not take things at face
 
value.




To quote the statement of 05 September 2015,
 
"..Pension will be re-fixed for all pensioners
 
retiring in the same rank and with the same
 
length of service as the average of minimum
 
and maximum pension in 2013..".





What does the "average of minimum and
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
maximum pension in 2013" mean?
 
 
 
 
 
 
 
 
Some of the questions raised would, of course,
 
 
 
 
 
 
be the same as those mentioned in the
 
 
 
previous blog-post. But I felt it best to keep this list of queries in one place here. A bit of repetition of the old along with newer aspects, as they emerge, may not hurt.
 
 
 

*Is it the maximum and minimum pension
 
actually paid to a certain rank with a certain
 
number of years in 2013? If so, will it also
 
include pensions of those who retired before 01
 
January 2006 paid in 2013


 

*Is it notional max and min pension calculated
 
on the pensionable emoluments of a certain
 
rank with a certain number of years?

*If it is the notional pension, how will it be calculated? For instance for a Lt Col with 20 years of service at the beginning of base year (January 2013 if it is calendar year or April 2013 if it is the financial year), will a calculation first be made to see what the pay of that Lt Col would have been in December 2005, i.e. at 13 years of service for the calendar year scenario and 13 years 03 months of service in the financial year scenario, in both of which he would have been in the Lt Col rank in Dec 2005. Then the up-gradation of VI CPC would have to be applied to see where the fixation would have been from 01 Jan 2006 and his pay on 01 Jan/01 Apr arrived at after applying increments. There could be a simpler way of just taking the notional pay at 20 years of service from the pay-band for Lt Col but that would assume the Officer started at the bottom of the pay-band and reached the pay as applicable to a Lt Col with 20 years of service. This, in most of the cases, won't be true due to intervention of the VI CPC implementation date of 01 Jan 2006.
*The calendar year vs financial year ambiguity is peculiar, to say the least. If it had been the financial year 2013_14 ending 31 March 2014, it would have made perfect sense to implement from April 2014, as was originally announced by the Government as, let us face it, Government is Government, regardless of which political party is in power. If, due to reasons of bureaucratic or political prestige, July 2014 is to be the date of implementation then should not the base period, rather than "base year" have been fixed as from July 2013 to June 2014?

*How will pension of a Major with more than 20 years be calculated? There will be no notional or actual pay or pension data for 2013 as there will be no Officers retiring in the rank of Major in 2013 with service equal to or more than 20 years of service (They would all have become Lt Col after 13 years of service. Similarly, there would be no Lt Col retirees in 2013 with more than 26 years of service. They would minimally have received time bound promotion of Col on completing 26 years of service. How would OROP pensions of, for instance, a Major retiree with 24 years of service or a Lt Col retiree with 28 years of service be calculated?
*How will notional pension be calculated for retirees in ranks with a certain number of years of service that would place them at top of pay-bands of ranks they had retired in, as service required to reach top of current pay-band of the rank they had retired in years ago would probably correspond to up to 10 years less than the service they had put in? To, again, take the example of a pre December 2004 Lt Col retiree with 28 years of service, if his pension is not equated, as it should, with that of someone retiring in base year with equal service and promoted, on time-bound basis, to Col, then the top of scale for Lt Col pay-band would correspond to years of service less than what the Lt Col had put in. Would they then exercise some imagination to extend the pay-band for calculating his pension for the same Lt Col rank or cook up some imaginary "stagnation increment" formula rather than shifting him notionally to the pay-band of Colonel, which would be closer to reality of pensioners with same service and same rank retiring in base year?

*Even now, with the "minimum of pay in pay-
 
band" principle, there is a gradation in pension
 
tables with qualifying service. Some panel
 
discussions referred to "mean of scale" and
 
whether it should not be "top of scale" i.e.
 
notional pensions based on figures of pay for
 
these two points in the pay-band. That sounds a
 
bit too much like a "rule of thumb" process.
 
Would that not simply remove the "years of
 
service" aspect of OROP from the equation?
 
Would it, for example, equate the OROP pension
 
of a retiree with 20 years of service to that of
 
one with 30 years of service just because they
 
were in the same rank, hence the same pay-
 
band, hence the same mean, at retirement?

 
 
I would like to, again, stress here that, to my
 
mind, this issue of calculating the "average"
 
has even greater relevance than the matter of
 
periodicity of OROP reviews. Even if discussions
 
focus on bringing down the periodicity from five
 
years to three or two, the matter of the exact
 
manner of calculating pensions should receive
 
the highest priority. It is a more critical
 
component of implementation as subtle
 
variations could hugely impact results. While
 
shrill protests to the point of hoarseness over
 
"One Rank Five Pensions" are understandable,
 
maybe a bit of application of mind to the
 
"fixation methodology" is required without
 
further delay and details transparently sorted
 
out before a notification gets formalized from
 
keyboards prone to "as on/with effect from"
 
kind of anomalies

OROP : WAR OF OROP:-WHY DO THE POLITICIANS AND THE BUREAUCRATS DESPISE THE INDIAN ARMED FORCES SO MUCH??


SOURCE :
http://www.dialogueindia.in/magazine/%E0%A4%B5%E0%A4%BF%E0%A4%B6%E0%A5%8D%E0%A4%B2%E0%A5%87%E0%A4%B7%E0%A4%A3/why-do-the-politicians-and-the-bureaucrats-despise-the-indian-armed-forces-so-much--3356








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http://www.dialogueindia.in/uploaded_files/2112029985Force%20Sept%202015%20-%20Lt%20Gen.%20Mukesh%20Sabharwal%20(retd).pdf









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 WHY DO THE POLITICIANS AND                         THE  BUREAUCRATS
                             DESPISE
THE INDIAN ARMED FORCES SO MUCH??
 

Why do the Politicians and the Bureaucrats Despise the Indian Armed Forces so Much?

Posted On 06 September 2015, By Dialogue India
 
 
 
Why do the Politicians and the Bureaucrats Despise the Indian Armed Forces so Much?

Dear People of India,

            We are Indian Army Soldiers. Countries like the US and UK and most other advanced democracies, with Armies that are facing conflict, venerate the men and women who serve in the Armed Forces. The UK parliament has even passed a law called Armed Forces Covenant. An Armed Forces Covenant is the expression of the moral obligation that the Government and the nation owe to the armed forces community. The covenant acknowledges that members of the armed forces sacrifice some freedoms and often face dangerous situations. It recognises that families play a vital role in supporting the operational effectiveness of the armed forces. It is only in India where our men and women have to go through the humiliation of a comparison with a discredited bureaucracy.

In the United States, 15 presidents have served in the Army/Army Reserve, 9 in the State Militias, 6 in the Navy/Naval Reserve, with 2 presidents having serving in the Continental Army. In addition, eight presidents served during World War II, while seven served in the military during the American Civil War. That was the kind of military service they did before becoming the President and Commander in Chief of the US of America. No wonder they respect their Armed Forces and their Veterans.
 
 
 
            Your Armed Forces cannot be compared with the IAS, IPS, BSF, CRPF, ITBP, CISF, NSG, Railway Protection Force, Rapid Deployment Force or the State Armed Police Forces.
 
A Nation can have only one Military.
 
The renowned sociologist Morris Janowitz had famously said: “The intimate social solidarity of the military profession is both envied and resented by civilians.” A bureaucrat is in no way comparable to a man or woman who serves in the Armed Forces. Nowhere is this comparison even attempted, not in the United States, the United Kingdom or even China. It’s laughable and making that comparison is ludicrous. Neither can the Armed Forces be compared or equated to other police forces of a Country.

          We are accountable to you and to no one else because:-
 
(a)     We have pledged to protect you, and we like              to keep our word!
 
(b)     We are sure that you love us and we know that you believe that the Indian military is the last bastion of hope when the govt machinery, IAS, IPS, BSF, CRPF, ITBP, CISF, NSG, Railway Protection Force have failed - and when finally the armed forces fail ; India will be lost.



Please know these facts. The Govt, finance ministry and the IAS/IPS lobby is denying your soldiers OROP under the plea of financial scarcity. The following will tell you their scarcity:- 

(a)    OROP already exists for 100% of the bureaucrats, judiciary and all the parliamentarians.

(b)    Our pension was brought down from 70% to 50% while theirs was raised from 30% to 50% in the 3rd CPC. 

(c)    In the 6th CPC they doled out NFU - a system by which all IAS, IPS officers & group 'A' services (less armed forces) would retire at the highest pay scale -thereby giving them highest pension plus OROP. They left  Armed Forces out of it.

(d)  The IAS, IPS and the Central Services also gave themselves ACP - Assured Career Progression - but again left forces out of it. By doing this, they brought us down severely and have made the forces least lucrative and least honourable job. Without doubt the aim was to downgrade the Armed Forces of India. Our enemies are happy and watching this great drama with glee! Do you know that till date a DIG was between a Lt Col and a Col. Now a Col has been equated with Non-Functional Selection Grade (NFSG). The rank of a DIG is now officially equal to a Brigadier. Both are now on a Grade Pay of Rs 8900, because of the machinations of the Govt and the Central Services to run down the Military.

(e)   They can "donate" $ 1 Billion to Mongolia, donate 1.25 lac crore to a state vote bank, let scams of lacs of crore in govt , IPL and BCCI, give bailouts of hundreds of lakhs to Air India but feel poor when it comes to Rs. 8,300 crores for the Armed Forces personnel who are "forced" to retire young so that the nation can sleep easy. 

It is not just Modi's promise but a four decade old promise, an approved Parliamentary Committee (Koshiary) Report, a favourable SC judgment and a promise by all Govts.

You cannot remain insulated and see veterans and widows ignored and the status and parity of the Indian Armed Forces vis-a- vis other govt servants distorted. And this has been happening since 1947! God forbid if one of your own sons or daughters or relatives is in the forces, would you still feel the same? Will you send your next generation to the armed forces now?

We are barred from strikes , protests, unions etc -for reasons of discipline, but rest of the country can get what they want any time by resorting to rioting, rail-roko etc! Have we ever failed you in peace, war or terrorism, riots, floods, earthquake? Just last week, even the small scale riots in Gujarat could not be controlled by the police or the Para Mil Forces and the Army did the job!

 
Can this nation survive without its armed forces? 

 

Remember salary makes us do our job but its honour and recognition that impels us to embrace death willingly while executing our job. The politicians and bureaucrats have dishonoured us.




Chandra Shekhar
1 hr · Hyderabad ·  
 
Dear Sir,
I saw NDTV and News X channels at 2100 hrs to 2200 hrs today i.e. 04 Sep 2015. The Govt has given its version of OROP to press and TV channels but did not find it fit to call ESM leaders for discussions. 


 Mr Narendra Modi becomes a teacher and has time for photo ops with children but has no time to call ESM leaders for negotiations and understand their point of view.
This Draft Govt Order on OROP is another deliberate leak planted by the bureaucrats in the media to lower morale of the agitating veterans and to tell public how obdurate we are.

 The bureaucrats are grandiosely telling how they have conceded so easily to two out of thee demands.
Let us see how difficult these three demands are:
Demand No 1 of Veterans. Date of Implementation.
Sir, any rational thinking human will tell you that a scheme like OROP approved by two parliaments in the Finance Bill of 2014-15 that such a scheme has to be rolled out by beginning of the Financial year and to be completed by the end of the financial year as per Financial Regulations of India. How can bureaucrats decide unilaterally that it will be w.e.f. Fin Yr 2015. Can the so called most intelligent bureaucrats tell common man what is the meaning of budget if a scheme is conceived to be implemented in one Financial year is to be actually rolled out in next financial year? Do you cater for a programme in F Yr 2014-15, allocate funds and then roll out in 2015-16? Have you ever heard such ludicrous arguments of these slimy bureaucrats? What is there to concede in this demand of veterans? Has Govt got any argument to justify why OROP will be rolled out in Fin Yr 2015-16? How do you roll out when funds are catered for OROP in 2014-15 which have already lapsed as you did not expend the money in the financial year for which Parliament has given its approval?. Such a silly and hollow argument by the bureaucrats.
Demand No 2. Govt has agreed to commence OROP from Jul 2014.
What a magnanimous Govt is this?
When you announce on the floor of parliament on 17 Feb 2014 that OROP is accepted and shall be implemented in Financial year, it has to commence from Apr 2014. Will this Govt say the benefits of 7th CPC will flow not from Jan 2016 but from Dec 2016 or even Mar 2017 because these months are within the Financial year 2016-17? What a silly argument is this? Such arguments will be thrown out by hon'ble Court on the first day of sitting of the court. This is not something called Climb Down or acceptance of demand of veterans by the Government. Veterans have accepted this proposal because increments to serving soldiers are given only on 01 Jul of each year as per 6th CPC.
Demand No 3: Pension Equalisation only once in 5 years.
What is OROP?
It is giving same pension to two Ex-Servicemen who retire in same rank and with same total service irrespective of date of retirement. 
What Govt brainwashed by bureaucrats is : We will give you One time hike in pensions and revise it only after 5 years. Is this OROP? If pensions are revised once in 5 years then the pension of one veteran who retires in Jan 2016 will be far less than pension of another veteran with same rank and same total service who retires in 2021. Simple reason is the veteran who retires in 2021 will get five increments where as pension of veteran who retires in Jan 2016 with same service and of same rank will not get even once increment. The essence of OROP is EQUALISATION OF PENSION EVERY YEAR.
Silly Conditions of Bureaucrats for Rolling out OROP.
 
1. OROP is not applicable to those who sought premature retirement.
How can you deprive benefit of OROP if one has completed pensionable service and sought premature retirement. The bureaucrats know this will force veterans to come running to them and beg them to accept their offer of Modified parity as OROP. No Sir, hon'ble courts will laugh at this denial of benefit of OROP to premature retirees as they have done with Broadbanding benefit to old Invalid cases post 1996 only. The courts ruled that you can not give a benefit to one set of disabled veterans and deny the same to similarly placed others i.e superannuated and pre-mature retirees. Have not the bureaucrats read the judgment of hon'ble Supreme Court on the case filed by Lt Gen Vijay Oberoi on broad banding though he super annuated. He won the case hands down and has not the Govt eat a humble pie?

 
2. The Pension will be fixed by taking average of Maximum and Minimum.
This again shows the idiocy and hallowness of these bureaucrats. How can pension of past retiree be fixed taking average of the maximum and minimum of his pay band. If a retiree retires at the maximum of near maximum of his pay band because of his long service, and if a past pensioner also served for similar period, can you reduce the pension of the past retiree on this silly principle of Max & Min? In which country such a laughable formula is made?
 
3. Others will also Make a similar Demand.

 Do not these wily and cunning bureaucrats know that all others retire at the age of 60 years and are not thrown out even if they are disabled? Where as soldiers retire at the age of 34 to 36 and have no re-employment given. Do all these Central Govt employees deprived of fundamental rights to form Associations and right to strike etc? Do these employees operate in Siachen,High altitude areas of J & K,Sikkim and North East? Do these Central Govt employees undergo the same privations like those of Armed Forces Personnel?

 
4. This all Govt can Give and No More. We will Announce in next 48 to 72 hrs our version of OROP.
 
If bureaucrats think they can browbeat Soldiers with these hollow threats, they are sadly mistaken. They have not seen the resilience of faujis. We will teach these politicians a lesson in future elections in Bihar and other states. NDA - II came to power because Mr Narendra Modi and other leaders of BJP deceived simple & innocent faujis by making false promises of implementation of OROP. The public is demanding Army to run the country.That day is not far off when Jai Jawan Jai Kisan (JJJK) Part is formed and gain a foot hold in Bihar.
 
5. Most of the Veterans are asking for calling off Hunger Strike whereas only Few leaders are objecting.

 
These bureaucrats who sit in AC offices, move in AC cars to their AC houses do not know the ground swell at the Relay Hunger Strike at Jantar Mantar. Every day more and more are joining RHS. The fire lit at Delhi will spread to all parts of India. Ex -Servicemen can form a large vote bank and BJP knows it well. They won 2014 General elections because of faujis. They will now learn that if faujis desert them their fate will be same as in Delhi where they got just 3 seats.
 
6. Financial Burden.

 Have the bureaucrats ever worked out the financial burden on their Non Functional Financial Upgradation on the pretext their promotion prospects are bleak because of stagnation. When every IAS officer reaches the rank of Jt Secy to Govt of India where is stagnation? Did they ever imagine NFFU has cost Govt of India Rs 17,000 crores from Jan 2006? Which is a financial burden on the Govt - NFFU or OROP for faujis who sacrificed their lives for this ungrateful country and this scheming politicians and cunning bureaucrats? Is NFFU not an extravagant demand of bureaucrats? When they get their posts upgraded to those of Jt Secy, Addl Secy, Secy to Govt of India by just moving file is it not a financial burden? Even when present post is that of a Jt Secy they upgrade it to that of Addl Secy to accommodate most of IAS Officers as Addl Secys?

 
7. GOVT WILL NOW NOT WAIT FOR VETERANS TO ACCEPT OROP FORMULA

 Then Govt should be prepared to face the music going to be given to them by faujis who have realised their vote power. That is the reason we veteran should not beg these scoundrels who do not bat an eye lid when they amass wealth by corruption. We need not beg them anymore. We have self respect. If all those veterans who think we should be apolitical then you will continue to be insulted like this for centuries by these bureaucrats. Now time is ripe for us to contest elections by forming Jai Jawan Jai Kisan Party. I can guarantee by 2019 we can become so powerful we will call all shots even in Lok Sabha.


 
8. Final Announcement will be made before Model Code of Conduct becomes Effective. 

 Faujis will continue our agitation at Jantar Mantar and spread to every nook and corner of India. We will fight every election opposing BJP. We will ensure BJP does not come to power in 2019. If they have not heeded advice of RSS that Political Cost of not granting OROP is more than economic costs, then I feel sorry for Modiji.

 
9. GOVT'S CALCULATIONS ESTIMATE THAT IMPACT OF ANNUAL OROP REVISION IS ESTIMATED TO BE BETWEEN RS 500-1000 CRORE 
Even if this figure is correct, can not this Govt shell out this amount to faujis? The Govt can dole out crores to write off NPAs, tax concessions to Corporates, welfare schemes which do not reach poor people and money is cornered by politicians and bureaucrats. How much does NFFU cost Govt? It is Rs 2,500 per year. If Govt of India can shower bureaucrats with this money can not they give Rs 1,000 crores per year for OROP. Now that hon'ble Delhi High Court ordered Govt of India to implement NFFU to 10,000 Officers of CAPFs how much more money will be expended?

 
10. THE PENSION OF A RETIRED JAWAN WITH 20 YEARS OF SERVICE WILL INCREASE FROM RS 12,800 TO RS 14,700
Do the bureaucrats know that Sepoy does not serve for 20 years but retires between 15 years and 17 years of service? Why take a figure of a person who does not serve for such a long period to show how magnanimous the Govt is ? Why not work out and tell us how much a Sepoy with 15 years service in Y Group gets?

 
Summary.
Sir, 
Recommendation 1. There is no doubt in my mind bureaucrats have only utter contempt and disdain for faujis. From this so called Draft Govt order dated 04 Sep 2015 given to press, it is very clear all these games on OROP played in the last 15 months is result of machinations of bureaucrats. They are firing their guns on the shoulders of politicians. So first course left to us is not to bargain with this Govt anymore but to challenge them in Bihar elections by forming Jai Jawan Jai Kisan Party. We can get funds from public,veterans and even serving soldiers.
Recommendation 2. Continue and intensify RHS all over India to educate now the public as to how Narndra Modi can go back on his own promise of OROP made from 15 Sep 2013 till today.
Recommendation 3. File a Contempt petition in hon'ble Supreme Court that Govt of India violated their order in Maj Gen SPS Vains Vs Union of India by not granting higher pension to senior ranked person as presently pre - 2006 Maj Gen draws less pension than a Post - 2006 Lt Col. 
Recommendation 4. Even if Modified parit is touted as OROP by the Govt of India, we should continue to protest and we should file a case in AFT, Delhi for grant of NFFU to Armed Forces Personnel as the same is granted to Officers of CAPFs. All Officers must contribute whatever amount decided by RDOA to take this case right upto hon'ble Supreme Court.
regards,
Brig CS Vidyasagar (Retd)
 
Crossing the Rubicon