Dear Sir,

Many Officers especially of the rank of Majors / Lt Cdrs / Sqn Ldrs are asking me the difference in legal cases filed / being filed by TSEWA in AFTs. The legal cases for which clarification is being sought are AFT – 1 (OA – 34/2016), AFT – 28, AFT – 29 and AFT 1 – B.

AFT – 1(OA 34/2006) or AFT – 1B

2. AFT – 1 (OA – 34/2016).This  case was filed in AFT Delhi in Sep 2015 seeking the Last Pay Drawn by Pre – 2006 Officers of ranks from Capts to Maj Gens be protected in 6^th CPC and pension be fixed w.e.f. Jan 2006 corresponding to Last Pay Drawn in 5^th CPC. Govt of India, Ministry of Def on the other hand fixed pension in Jan 2006 at Minimum of Pay of rank as in Jan 2006.
3. Effect of Fixing Pension at Minimum of Rank in 6^thCPC. The pay scale of Major in 5^th CPC was Rs 11600 – 325 – 14850. If an officer go promoted to the rank of Major in  say Jan 1996 and drew annual increments and retired in Jan 2005, he would have earned 8 increments in 9 years of service in the rank of Major. His pension w.e.f. Jan 2005 to Dec 2005 is based on his Last pay drawn i.e. Rs 13,500 + (8 increments x 325) = Rs 14,200 + = Rs 15,900. His pension is fixed at Rs 0.50 x 14200 = Rs 7,100 pm.
4. In Jan 2006, pension has been fixed as if the Major has no increments and his pension corresponds to last drawn pay of Rs 11600 i.e. Minimum of the fitment table for Major in SAI 2/S/2008. Though his last pay drawn is Rs 15,900, his pension is fixed at Rs 11,600. That means all the increments he earned in 5^thCPC period vanish once 6^th CPC comes into play. There is no logic or scientific reason for this quixotic method of pension fixation. Your Last Drawn Pay has to be protected. In my view this weird method of pension fixation has been deliberately done to lower the pension bill by paying earlier retirees with less pension and later retirees with more pension.
5. Comparsion Between Major of 5^th CPC and Major of 6^th CPC with Same Last Pay Dranw or Same Number of Increments. Major with 8 increments retired in Jan 2005 i.e. 5^th CPC is fixed pension w.e.f. Jan 2006a at Minimum of pay i.e. Rs  36,410 (Pay in Pay Band of Rs 23810 + Grade pay of Rs 6,600 + MSP of Rs 6,000) corresponding to Rs 11,600 of 5^th CPC. The Major who retired in Jan 2005 with Last Drawn Pay of Rs 14,200 is treated as if his Last Drawn Pay is only Rs 11,600.  His pension w.e.f Jan 2006 is 0.50 x 36410 = Rs 18,205 pm + DR. The Government of India by its cleverness tells the Major though his Last Pay Drawn in 5^th CPC is Rs 14,200, he will be considered as if his Last Pay drawn for purpose of pension is only Rs 11,600. Hence pension corresponding to Last Pay Drawn in Jan 2006 is Rs 18,205. The Pre – 2006 Major lost his Last Pay Drawn / 8 increments earned in his service in 6^th CPC.
6. Pension of Major Retired in Jan 2006 with 8 Increments and Last Pay Drawn of Rs 14,200.On the other hand the Last Pay drawn of Major with 8 increments and retired in Jan 2006 is Rs 41,250. His pension is Rs 0.50 x 41250 = Rs 20,625 pm.
7. 53 Maj Gens & 14 Maj Gens.This illogical and unjust method of pension fixation of pre – 2006 officers was challenged in AFT Chandigarh in 2010 and AFT Delhi in 2016 respectively. Both the AFTs directed the Govt of India to fix pension of Pre – 2006 and Post – 2006 officers giving benefit of their last pay drawn. Due to this judgment these Maj Gens are getting much higher pension than the inimum pay of their rank. Since TSEWA filed a similar case praying for similar benefit, when AFT Delhi gives judgment then Pre – 2006 Major who was fixed pension of Rs 18,205 gets enhanced pension of Rs 20,625 w.e.f. Jan 2006 to Jun 2014.

AFT – 28 or AFT – 28 B.

8. The Minimum pay of Major in Jan 1996 has been fixed at Rs 11,600 whereas civilian counterpart got minimum pay of Rs 11,925. When this unequal pay for equal ranks was challenged in Court of Law, the Govt of India issued a letter enhancing minimum pay of Major to Rs 11,925 w.e.f. date of issue of letter i.e.29 Feb 2000. SAI 2/S/1997 which was supposed to be amended was never amended to fix initial pay of Major at Rs 11,925. The benefit of higher pay of Rs 11,925 was given to only those Majors w.e.f. 29 Feb 2000 and not from Jan 1996. All those officers who were in the rank of Major (later might have been promoted to higher ranks) were paid initial pay of Rs 11,600 and lost Rs 325 pm + DR for the period Jan 1996 to 28 Feb 2000. Such officers will get arrears from Jan 1996 to 28 Feb 2000.
9. Arrears from Jan 1996 to Feb 2000.

10. Enhancement of Pay in 6th CPC Period. The SAI 2/S/1997 should have been amended later enhancing initial pay of Major but was never amended. Therefore, the initial pay of Major in 6^thCPC was fixed corresponding to Rs 11,600 of 5^th CPC. Whereas the initial pay of Major in 6^th CPC should have been fixed corresponding to enhanced minimum pay of Rs 11,925. If this was done in 6^th CPC the initial pay in Jan 2006 onward would have been Rs 37,020 in lieu of Rs 36,410. The gain would have been Rs 37,020 – 36,410 = Rs 610 pm + DR.

11. Enhancement of Pay / Pension in OROP.Since I do not have data of pension of all Majors in calendar year 2013, it is not possible to arrive at loss suffered post Jul 2014.
12. Pay / Pension of 7^thCPC. Since the pay of Dec 2015 of Major is less which is based on Rs 11,600 of 5^th CPC and not Rs 11925, the pay and pension of Majors in Jan 2016 and in subsequent years will be less. Again it is not possible for me to work out the loss as I do not have the data.

AFT – 29

13. This case affects all Pre – OROP pensioners of all ranks from Lt to Maj Gen whose pay by Notional pay method as per our my working is more than pension by 2.57 method w.e.f. Jan 2016. This will affect pension in OROP of 2018.

Benefits of these Legal Cases.

14. AFT 1 (OA – 34/2006).This will get handsome arrears of Pre – 2006 all ranked officers for the period Jan 2006 to Jun 2014. But they should have earned at least one increment at the time of their retirement. Even the single ladies of deceased Pre – 2006 Officers also will get benefit of arrears of their husbands as Life Time Arrears. It is due to lack of awareness, affected Officers and Single ladies have not yet joined AFT – 1 or AFT 1 – B. AFT 1 – B is sequel to AFT – 1(OA – 34/2016).
15. Eligibility.
    (a)   You should have been a Pre – 2006 Officer of any rank.
    (b)   You should have drawn atleast one increment. Your arrears depend upon your Increments and therefore your Last Pay Drawn. If your Last Drawn Pay is higher, then your arrears also will be higher. That means if you had put in long service in the last rank then your arrears will be high.

16. AFT – 28 or AFT – 28 B. All Officers who held the rank of Major in the period of Jan 1996 to Feb 2000 and later got promoted to higher ranks will get arrears of Rs 19,071 easily by joining the case. All those who retired as Majors will get in additional arrears of Rs 87,474 for the period Jan 2006 to Jun 2014.They also will get higher pension in OROP and higher OROP arrears. Similarly they also will get higher pension in 7^th CPC from Jan 2016.
17. Eligibility to Join AFT – 28 or 28 B.
    (a)    You can be Officer of any rank as on today but should have been a Major in the period Jan 1996 to Feb 2000.All those officers of the rank of Lt Col or above in Jan 1996 are NOT eligible.
    (b)     Those who retired in the rank of Major irrespective of your date of retirement are eligible.

18. AFT – 29. All Pre – OROP (2013) Officers will get higher pension by Notional Pay method w.e.f. Jan 2016 and their OROP pension in 2018 also will go up.
19. Eligibility.Only Pre – 2013 Officers of all ranks are eligible. For Post – 2013 Officers in any case Notional Pay method is better than 2.57 method from Jan 2016.

I sincerely hope the above long explanation of the three cases filed or being filed by TSEWA in AFTs will help officers to understand what these cases stand for and how they will benefit if they join them. You have to read and re-read the above mail to know what is your eligibility for each case.

Warm regards,

Brig CS Vidyasagar (Rtd)
040-48540895
9493191380
e-mail id: csvidyasagar@gmail.com