AFT – 31 : BENEFIT OF MSP FROM JAN 2006 AND NOT FROM SEP 2008 : OFFICERS

Issue Before us ? Question to be Asked is : Does the judgment of hon’ble Supreme Court Apply Equally to Payment of MSP only from Sep 2008 vide Para 3(G) of SAI 2/S/1998? Para 3(G) of SAI 2 / S / 2008 MSP will be treated as Pay for all purposes except for computation of (a) Increments and (b) for determination of Status MSP will be paid only from 01 Sep 2008 MSP will NOT count for fixation of pay on promotion except from Brig to Maj Gen

Issue Agitated Before AFT and later in Hon’ble Supreme Court is : Can Executive Instructions issued by Ministry of Defence on Implementation of Cabinet Decision to Fix Date of Implementation Other than Commencement of Central Pay Commission (CPC) Period i.e. Jan 2006 once it accepted the Recommendation of CPC ? Hon’ble Supreme Court on 08 Dec 2017while Dismissing Appeal of Ministry of Def in their Judgment in Civil Appeal Diary No 3744 / 2016 in Union of India & Ors Vs Balbir Singh Turn & Anr Combining 25 other similar CAs ruled that:-

Judgment of Hon’ble Suprem Court “that the recommendations of 6th CPC as modified and accepted by the Central Government in so far as they relate to pay structure, pay scales, grade pay etc. will apply from 01.01.2006. “ “ This decision could not have been modified by issuing executive instruction. The letter dated 30.05.2011 flies in the face of the Cabinet decision reflected in the Resolution dated 30.08.2008. Thus, administrative instruction dated 30.05.2011 is totally ultra vires the Resolution of the Government. “

Implications It is Status. Why was MSP Fixed from Sep 2008? Why was MSP Excluded from Increments and Fixation of Pay on Promotion? The Answer lies in the SAI 2/S/2008 itself :- It is Status. Status is based on the Basic Pay. If MSP is counted then Bureaucrats will be Downgraded vis-à-vis Armed Forces Officers To save cash outgo from Jan 2006 hence MSP is given only from Sep 2008

Implications Loss of MSP from Jan 2006 to Aug 2008 What is the Effect of Provision of MSP in the SAI 2/S/2008 as was done ? Loss of MSP from Jan 2006 to Aug 2008 Loss of Pay as MSP is NOT counted for Increments. Basic Pay in 7th CPC is Less as It is a Result of Fitment Factor Adopted by 7th CPC Pension of all Pre – 2006 Pensioners is not affected as MSP was counted in fixation of Pension

Let us See the Case of ACP To Understand MSP Case Let us See the Case of ACP Appeal of Ministry of Defence Against Judgments of various AFTs on ACP filed in Hon’ble Supreme Court Verdict : Dismissed Hon’ble Supreme Court combined 21 Civil Appeals of Ministry of Def in one common order in Union of India & Ors Vs Balbir Singh Turn Delivered on 08 Dec 2017

AFT – 33 : BENEFIT OF MACP FROM JAN 2006 TO DEC 2017 FOR OR ONLY

MACP (Modified Assured Career Progression) Benefits Those who Could not be Given Promotion due to Lack of Vacancies in the Armed Forces 6th CPC Recommended the Benefit be Given to OR of Armed Forces. If a Sepoy does get Promotion then he be given higher Pay being Sepoy only as under:- No of Years of Service Pay of 8 Naik 16 Havildar 24 Nb Sub

But the Govt of India Implemented ACP Scheme only from Sep 2008 and Deprived the Benefit from Jan 2006 to Aug 2008 to Serving Soldiers & Pensioners ESMs who challenged this Arbitrary Action got Relief from Hon’ble AFTs This was challenged by Govt of India in Hon’ble Supreme Court Hon’ble Supreme Court in their Judgmetn on 08 Dec 2017 ruled that ACP Benefit to be given from Jan 2006

Govt of India gave this Benefit only to Post – 2006 pensioners and Denied the same to Pre – 2006 Pensioners. T SEWA got only 18 OR in AFT – 15 to get benefit of ACP to Pre – 2006 Pensioners. Those who went to Hon’ble AFTs got Judgment in their favour. Due to Low No of Petitioners, it was Decided to File the Case in Circuit Bench, Secunderabad. Attitude : “ If he gets benefit from AFT, I also will get without taking the trouble”.

Likely Arrears of ACP from Jan 2006 to Dec 2017 for Pre – 2006 Sepoy Group - Y

Arrears from Jan 2006 to Jun 2014 Ser No Period Pension of Sepoy Gp Y in Circular 501 Pension of Havildar Gp Y in Circular 501 Gain If ACP is Granted pm DR in % DR Amt Arrears with DR pm Arrears for the Period 1 Jan to Jun 2006 5,480 5,762 282 1,692 2 Jul to Dec 2006 6 288 1,726 3 Jan to Jun 2007 17 299 1,794 4 Jul to Dec 2007 9 25 307 1,844 5 Jan to Jun 2008 12 34 316 1,895 Jul to Dec 2008 16 45 327 1,963 7 Jan to Jun 2009 22 62 344 2,064 8 Jul to Dec 2009 27 76 358 2,149

9 Jan to Jun 2010 5,480 5,762 282 35 99 381 2,284 10 Jul to Dec 2010 45 127 409 2,453 11 Jan to Jun 2011 51 144 426 2,555 12 Jul to Dec 2011 58 164 446 2,673 13 Jan to Jun 2012 65 183 465 2,792 14 Jul to Dec 2012 72 203 485 2,910 Jan to Jun 2013 80 226 508 3,046 Jul to Dec 2013 90 254 536 3,215 15 Jan to Jun 2014 100 564 3,384 40,439

Arrears from Jul 2014 to Dec 2015 Ser No Period Pension of Sepoy Gp Y in Circular 555 Pension of Hav Gp Y in Circular 555 Gain If ACP is Granted pm DR in % DR Amt Arrears with DR pm Arrears for the Period 1 Jul to Dec 2014 6,665 7,598 933 107 998 1,931 11,588 2 Jan to Jun 2015 113 1,054 1,987 11,924 3 Jul to Dec 2015 119 1,110 2,043 12,260 Total 35,771

Arrears from Jan 2016 to Dec 2017 Ser No Period Pension of Sepoy Gp Y in Circular 555 Pension of Havildar Gp Y in Circular 555 Gain If ACP is Granted pm DR in % DR Amt Arrears with DR pm Arrears for the Period 1 Jan to Jun 2016 17,129 19,527 2,398 14,387 2 Jul to Dec 2016 48 2,446 14,675 3 Jan to Jun 2017 4 96 2,494 14,962 Jul to Dec 2017 5 120 2,518 15,106 59,130

Summary of Gain if ACP is Granted from Jan 2006 to Dec 2017 Jan 2006 to Jun 2014 40,439 Jul 2014 to Dec 2015 35,771 Jan 2016 to Dec 2017 59,130 Total Gain Rs 1,40,008

MSP

Military Service Pay (MSP) is in addition to the Grade pay given by 6th CPC to Armed Forces personnel to compensate them for their hazardous life MSP was sanctioned by Govt of India on the wrong, misguided and deceitful advice of Def Accts Dept personnel to deny the benefit to service solider of three wings of Armed Forces. MSP was given only from Sep 2008 to serving personnel

MSP was given to Pre – 2006 Pensioners while denying the same to the serving defence personnel. Hon’ble Supreme Court in the latest judgment of Govt of India Vs Balbir Singh Turn on 08 Dec 2017 said : 11. We are only concerned with the interpretation of the Resolution of the Government which clearly states that the recommendations of 6th CPC as modified and accepted by the Central Government in so far as they relate to pay structure, pay scales, grade pay etc. will apply from 01.01.2006.

There is a strong case to get MSP for serving soldiers from ranks of Sepoy to Brigadier who were in service from Jan 2006 to 31 Aug 2008 if T SEWA goes to AFTs. The benefit the eligible personnel will get is as under:- Officers irrespective of rank : Rs 2,04,360 JCOs / OR: Rs 68,120

Loss Suffered by Armed Forces Personnel Due to Wrongful Interpretaton of MSP in SAI 2/S/2008 Arrears of Pay from Jan 2006 to Aug 2008 Loss of Increments from Jan 2006 to Jun 2014 Loss on Fixation of Pension on Promotion upto Ranks of Brigadier if that benefit is given to those who are promoted to the rank of Maj Gen

204,360 Rank Period MSP DR in % DR Amount Arrears pm with DR Arrears for the Period Officers Jan to Jun 2006 6,000 36,000 Jul to Dec 2006 2 120 6,120 36,720 Jan to Jun 2007 6 360 6,360 38,160 Jul to Dec 2007 9 540 6,540 39,240 Jan to Jun 2008 12 720 6,720 40,320 Jul to Aug 2008 16 960 6,960 13,920 Total Arrears 204,360

AFT – 32 : BENEFIT OF MSP FROM JAN 2006 AND NOT FROM SEP 2008 : JCOs/ OR

Rank Period MSP DR in % DR Amount Arrears with DR Arrears for the Period JCOs & OR Jan to Jun 2006 2,000 12,000 Jul to Dec 2006 2 40 2,040 12,240 Jan to Jun 2007 6 120 2,120 12,720 Jul to Dec 2007 9 180 2,180 13,080 Jan to Jun 2008 12 240 2,240 13,440 Jul to Aug 2008 16 320 2,320 4,640 Total Arrears 68,120

Thank You