YSN/19284/G/ADM-1

SQN. LDR. Y.S. Nijjar 19284 G AE(L) (Retd.) Commanders House, 139, Ganesh Nagar, Dakoha Road, Ramamandi, Jalandhar, Punjab-144023, Tel : +91-9988221335 Date: 15th August 2011

Smt. Pratibha Patil President of India Dr. Manmohan Singh Honble Prime Minister of India

Smt. Sonia Gandhi Chair person, UPA Marshal of IAF Arjun Singh, DFC

SUB : HOW MAJOR IS MADE MINOR (PART-II) Her Excellency 1. I, introduce myself as Sqn Ldr Yashwinder Singh Nijjar, 19284 G AE(L)(Retired) after serving in Indian Air Force from 12th January 1966 to 31st July 2003 (total 37 years 06 months and 19 days). It would be only fair on my part, that before requesting you to consider my representation on the above subject, I would with gratitude, whole heartedly congratulate you in leading the Country. This country has had many a dignified leaders in the past, but today you will surely agree with me that there are only few parliamentarians who have their loyalties to the people of India, especially Defence personnel (Sir/Madam, you are among those few). A case which never happened in the pension history of Indian Military Service i.e Majors pension anomaly is put/ elaborated for your kind consideration to act positively

2.

3. The leadership of tiniest nation Singapore and the mightiest one USA get on the house top and blare away that they will give the best tangible and non tangible benefits to that section of society, who do the most difficult job for the nation. Then they go on to elaborate that, it is the Armed Forces which are doing the most difficult job and they would therefore get the best tangible and non tangible benefits and they give it with pride. What happened to our Country?, When the nation is confronted by the calamity, natural or manmade, the Armed Forces are brought and squeezed the hilt and after the job is done, they are hanged on the nearest pole, till they are dead i.e their genuine inspiration are simply ignored. 4. Now question arises, can we match the greatest power of this earth today?. I dont think so unless Govt. and its members change their attitude 1

towards the Armed Forces and do not advance the ridiculous arguments of that, they are unskilled workers and should get lower grade of pay and pension than our civilian counter parts and also they are/were knowing the Terms and condition before joining service, to justify their hostile and petty conduct. Let me submit answer here itself that armed force personnel handle from rifle to missiles, sophisticated electronics warfare equipments, submarines and aircrafts and still treated inferior for remuneration purpose 5. The above said attitude at the level of Govt./Cabinet Secretary/ bureaucracy who has very conveniently over looked the Terms and condition of a soldier and treated them like any other govt. servant. The soldiers life is particularly influenced by the service condition and can only be experienced and not explained. However, it is :a. Surrender of fundamental rights b. Accept even death as profession Hazard (knowingly and willingly) c. Live under extremely adverse physical and mental condition d. Ignoring even the hardships of their families at times e. Very limited avenue of promotion f. Early retirement g. Separation, disruption and 24X7 working hours All these, they undergo to meet the requirements of their pyramidical organization. 6. Today, every aspect of Indian bureaucracy, including the once pristine Armed Forces is in complete shambles due to personal greed, selfishness and lack of leadership. On top of all, there is alarming political VACCUM at the top due to total lack of direction and patriotism. Let me further submit here, It may be harsh but real fact that from top to bottom, we have BABUS ruling the roost showing little personal initiative and zero power of discretion, who cling to jobs by either being silent to the uproar around them or just giving response under the dark cloud of fear that translate into IF THEY ARE GIVEN AN INCH, A MILLION MORE WILL DEMAND IT. Hence, NONE gets what is legally due. 7. I along with 200 retired veterans (Major and their equivalent) are fighting for improvement in our pension by approaching AFTs, doing rallys and even surrendering our earned Medals. Govt. /Service HQs/MOD remain silent spectator. One would really be shocked by the extent of damage already done to the Major and their equivalent. 8. Indian Military HIstory: (Pay and pension) and their subsequent downfall: a. Military historically treated as distinct force. Their emoluments were kept separate from those of other after independence. b. The 1st CPC for Central govt. employees kept Armed Forces out of Terms and Reference. c. Military pension continued to be higher than that of central govt. employees i.e Military pension was 75% of last pay drawn and other central govt. employees were getting 33%. Now everybody is getting 50% of last pay drawn(a tactful manipulation by bureaucracy)

d.

The truncated career was compensated by financial weight-age given to every rank. e. Bureaucracy dominated govt. decided to bring the defence forces also under the preview of CPCs starting of 3rd CPC. f. 3rd CPC, the financial weight-age was done away and was replaced by arbitrary weight-age of number of years.

Kind attention of all addresses

The 3rd CPC in order to civilize the military pension related to last pay drawn as a percentage rather than relating to rank as heretofore. The cadre and pay structure, where in defence personnel moved much more slowly to reach higher rank/pay scale was totally overlooked. This resulted in military pension falling way behind than their civilian counter parts, not understanding the weight-age in years given for truncated career. The downfall in pay and pension started from 3 rd CPC and still continues, service HQs must check this now itself. They should not depend on their GD (Admin) officer preparing Note sheet/ Minute sheet only and they should use other expertise to counter this manipulation by the bureaucracy otherwise keep facing the music as their brother officers Majors and their equivalent are running from pillar to post for the shoddy staff work done by VI th CPC and service HQs remains silent spectator as if they are not knowing about this self created disaster. The whole cadre is suffering today not only because of influence/violence of bad people but it is because of silence of good people at higher echelon. 9. History is replete with examples where Majors played gallant part in all wars. I would not belittle the other officers rank but such was the structure of services that this rank had to occupy the pivotal position. Officers up to Capts. Rank could get away due to lack of experience but Major had to bear the brunt, both from top to bottom. The CO, Lt. Col/ in a regimental life and Wg Cdr. Of squadron stood on high pedestal-prudence dictated that , it was far better to end the matters at Majors level or else one will face hell fire at the hands of CO. I am sure commander of Navy enjoyed similar touch me not rank. 10.
Brig. 26150/-

A completely distorted pension structure of VIth CPC is appended below:

Col. 26050/ 100/Lt.Col. 25700/Major 14100/Captain 13800/Lt. 13500/-

Difference in pension with immediate higher rank

350/-

11600/-

300/-

300/-

11.

The most compelling anomaly in the distorted pension structure shown above is staggering, irrational and unjustified difference of Rs. 11600/(basic pension) between two adjacent ranks of Major and Lt.Col against the pre 3

revised scale of Rs. 950/- in Vth CPC. It is worthwhile to mention here that there is no grade officer of any grade between these two officers i.e Major and Lt. Col. To put Lt.Col. to pay band IV is a laudable and welcome decision and its negative effect to lower rank of Major has been ignored completely. 12. The replacement of old pre-revised scales in the new pay bands has been clearly notified as old pay scale X 1.86. The minimum of corresponding to the rank of Major was legally as well as logically to be taken as old minimum of scale of 11600/- + 1200/- (RP)=12800/- X 1.86 = 23810/- + 6600/-(GP) + 6000/(MSP) = 36410/- and 50% of it = 18205/- Majors pension as per principle bench AFT Delhi and AFT Chandigarh rather than bunching of all three ranks (Lt.s, Capts, and Major) in the same minimum for pension purpose. It may be worthwhile to point out here that the concept of running pay band was introduced for the defence services in IVth CPC too but at that time the minimum guaranteed pay for each rank was taken as the base for pension and hence pension for all ranks was not based on minimum of the pay band itself. The said self style interpretation on the part of bureaucracy , where law of ratio and proportion has completely been given go bye, thereby making a new pension scale which has the ability of shocking an shaking the conscience of even layman and it has taken away the financial security and dignity of the officers. It is further submitted that the entire workload and the responsibilities of pre 16th December 2004 Major have been transferred / shifted to post 16 th December 2004 Lt. Col. If that has happened that way, then, therefore the golden principle of same post same pay-same experience-same delayed pay now called pension is to be made applicable to the pre 16 th December 2004 Major and post 16th December 2004 Lt Col. in order to provide natural justice to the affected cadre.The pay is paid against post and there is no formula to treat the two individuals differently. The issue appears to be clear and needs only to be legitimized and legalized. Govt./Service HQs/MOD must consider the above statement. How a magic figure of Lt.Col. pension of Rs. 25700/- is made: a. Ref Vth CPC pay scale of Lt. Col.:- 13500 -400-17100; Rank pay of Lt. Col. =1600/b. Higher side of Lt. Col. pay scale : 17100/Rank pay: 1600 Total: 18700/th c. Formula used by VI CPC:- 18700X2+8000(GP)+6000(MSP) to fix Lt. Col pay 37400+8000+6000=51400. Hence pension 50% is in Rs 25700/-

13.

14.

If same formula is used for Major and their equivalents within pay band III a. Ref pay of Major Vth CPC: 11600+325-14850 Rank Pay: 1200/Higher side of Major Pay scale: 14850+1200(RP)= 16050/-

Same formula should have been used by VIth CPC Pay of the Major should have been: 16050X2+6600(GP)+6000(MSP) 32100+6600+6000 = 44700/Hence Majors pension of 50%: Rs 22350/-(accordingly GP will automatically increased to 7600/-)

also

be

Note: Govt. must look forward to solve the said anomaly by applying above formula/point mentioned at Para 12 above under natural justice / in the spirit of article 14 of our constitution and Supreme Court judgement in similar cases. Majors and their equivalents are the senior most rank holders in pay band III, hence their pay/pension should be to higher side of pay band III and not in the beginning side as shown in above calculation. 15. Here I would seek no OROP but my restoration of pre2006 pension, with same improvement (in percentage term) over existing pension given by VIth CPC to its similarly placed civilians and para military forces (which excludes AVS/ CPC intervention of service HQs). Do this extrapolation and watch the result. I must get Rs. 3000/- more (50% of MSP) than those civilian and para-military forces. 16. A long retired Major of my seniority was equivalent to Director/comdt (SG) during Vth CPC. They remained equal till December 2004, when a commission so called AV Singh commission changed the terms and condition of serving personnel (Civilian, Para military, defence personnel) was drastically reduced to just half and all were promoted over night to respective higher ranks to obtain maximum benefit from VIth CPC and already retired class was completely overlooked/ignored by everyone i.e CPC and service HQs. Hence Director / Comdt. (SG) were so manipulated that they became equal to Lt.Col instead of Major. It is further submitted that service HQs in any case has no mandate to propose a reduction in the pension of already retired cadre, who earned their pension at a much higher pay scale. A damage control exercise must be initiated by Govt./Service HQs/MOD in the spirit of natural justice and article 14 of our constitution. 17. The old Major problem is neither identified by our service chiefs/Govt./Service HQs/MOD nor by retired veterans organization/6 th CPC members in its full depth. The reply from various ESM welfare organizations and other respective directorates is shocking, which is MATTER IS UNDER CONSIDERATION from last one year. It has no consolation to us in any case; until our problem is rightly appreciated in right perspective with due care and some substantial output is seen happening on ground. 18. The long silence on the part of authorities i.e. Govt. /service HQs/MOD to this gross injustice sends a terse message that we have LOST THE BATTLE. Perhaps our file/case is buried under the forgotten shelf. It is anybodys guess about the exact position of file/case. Let me submit here. FIRSTLY, that there is no word LOST THE BATTLE in the dictionary of Indian soldiers. The battle has to be fought jointly by all retired Major veterans issue wise in courts/AFTs/Armed Forces Grievances Commission because Law help those who are vigilant and not those who are asleep. SECONDLY, we have a women president, a gursikh Prime Minister, 5

Roman Catholic (now Hindu) congress president and a holder of never to be retiring rank Marshal of IAF Arjun Singh, DFC. Despite being of four very different religion / profession, But they share a common religion phenomenon i.e. COMPASSION. I am sure they will come to the rescue of Majors anomaly. Therefore your good offices are requested to do the needful in solving the subject anomaly by putting pressure on decision making body to guard the interest of Major and their equivalents. 19. The time is running out and shadows are lengthening on this life. If this anomaly continue to persist, May I request my erstwhile comrades to give us befitting funeral. Let the bugles be blown and the last post sounded and I take a solace by a single thought that when I face a GREAT MASTER, He is not going to ask my religion, He is not going to count my pennies also, He will surely ask me just one question, HAVE YOU PLAYED THE GAME OF LIFE? yes I think I have. God Bless Us. Warm Regards Copy to: Chief of Army Staff Army HQs, New Delhi-11 Chief of Naval Staff Naval HQ, New Delhi-11 Chief of Air Staff Air HQ, New Delhi-11 Yours Sincerely YS Nijjar Sqn Ldr.(retd.)