Wednesday, August 26, 2015

OROP : SOME EXAPLANATORY NOTES ON OROP DGL BY Brig CS Vidyasagar (Retd)

 

OROP : SOME EXAPLANATORY NOTES
                                       ON
                              OROP DGL
                                     BY
                    Brig CS Vidyasagar (Retd)


My Dear Maj Chemmanoor,

1.       Unless we go from fundamentals, we may not understand few issues pertaining to pensions.

2.       Pensionable Service. Some of the officers do not know what is pensionable service. It is like this.
 
(a)   For Ex-NDAs, Direct Entries, Ex-NCC Entries (OTA). It is from date of commission in IMA, Dehradun.
 
(b)   For Tech Graduatess. From date of joining IMA, Dehradun.
 
©     For ACC Entry Officers, SL,RCO andSCO. OR service is also to be counted.

3.   Commissioned Service. It is actual service rendered as an Officer. OR service is not to be counted.

4.      DGL is just a recommendation by the joint service HQs to the Government on OROP. I fully support their argument that the benefit of reduced commissioned service for various time scale ranks i.e.upto Col (TS) is to be given to past retirees i.e. pre – 16 Dec 2004. Otherwise it will amount to violation of Art 14 of Constitution i.e EQUALITY.

5.       Now let me understand and answer your queries.
 
6.       Your Q1.
a)    A Major with 33 years of qualifying service but only 13 and half years of commissioned service will he get the proposed pension of Rs 33206?
 
My Answer. For pensionable service the OR service is also included. Since you did put in 13 year service as an officer if the recommendation of DGL is accepted then  you should consider yourself as Lt Col and get pension applicable for other Lt Cols of 33 year service (including your OR service) i.e. Rs 34,765.
 
7.      Your Q 2.
(b)    Since present serving Officers (after 16 Dec 2004) are Lt Cols  with 13 years of service, are the past pensioners (Majors)  with 13 years service equated with Lt Cols for pension purpose?
         (b)    My Answer. Yes. See my understanding at para 4 above.
 
8.      Your Q 3.
        
(a)   Since future increases in pension are also to be passed over to the existing pensioners, will the 13 years ex-Majors get the increases in pension of the rank of Lt Cols? 
 
MyAnswer. Yes. Pl re – read my earlier paras. Once Govt of India accepts (I doubt very much unless you all go to AFTs and get favourable judgment) all Majs whether pre or post 16 Dec 2004 are Lt Cols then all those officers especially SL, RCOs and SCO with 13 years Commissioned Service (i.e. as an Officer) should get status of Lt Col. So his pension shall  be accordingly fixed. If Min of Def does not which in all probability it will, officers like you must go to AFT to get justice.
 
9.      Your Q 4.
        
(a)   Will a Major retired with more than 30 years of total qualifying  service but less than 13 years of Commissioned Service get Rs 33,206 or in other words will he be equated with Lt Cols? If not what will be his pension?
 
My Answer. No. Because he has not put in 13 years service as an Officer. He will draw pension of a Maj with 30 or more years service
 
10.    Since many officers like you have similar doubts, I am putting this mail in public domain for their benefit. I am sure you will  not object.
 
Regards,
Brig CS Vidyasagar (Retd)
9493191380

On Tue, Aug 25, 2015 at 3:18 PM, Cherunny Chemmanoor <cherunny@gmail.com" target='_blank' rel=external>cherunny@gmail.com> wrote:
Dear Sir,

I retired during March 1991 in the rank of Major.  I have 33 years of total qualifying service which includes 13.1/2 years  Commissioned service.

I got certain doubts about implementation OROP.  I have gone through the DGL.  Para 9 (n) of draft Govt letter says "The pension of current pensioners for all time bound ranks (i.e. up to the rank of Col and equivalent) will be extended to past pensioners with the same length of Commissioned Service applicable to each rank, if the past pensioners had retired before 16 Dec 2004 before the time period for promotions was reduced.  For this purpose the years of service will only be relevant and the table for the higher rank shall be taken into consideration to determine the pension of such retirees.  In all cases of future changes in the time period for any time bound rank/pay scale, the OROP pension shall include this benefit for all past pensioners only if they become eligible for promotion  had they been still in service.

In view of the above, I have the following doubts to be cleared:-

(a)  A Major with 33 years of qualifying service but only 13 and half years of commissioned service will he get the proposed pension of Rs 33206?
(b)  Since present serving Officers (after 16 Dec 2004) are Lt Cols  with 13 years of service, are the past pensioners (Majors)  with 13 years service equated with Lt Cols for pension purpose?
(c)  Since future increases  in pension are also to be passed over to the existing pensioners, will the 13 years ex-Majors get the increases in pension of the rank of Lt Cols? 
(d)  Will a Major retired with more than 30 years of total qualifying  service but less than 13 years of Commissioned Service get Rs 33206 or in other words will he be equated with Lt Cols? If not what will be his pension?

These are doubts I got after going through the DGL.  Since you are the person who can give a correct interpretation I would request you to give me the above clarifications.

Sorry to bother you in your busy schedule.

With regards,

Major Cherunny Chemmanoor

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