Replies received under RTI by Commodore Lokesh Batra (retd) reveal how the President’s Secretariat and even PMO operate like a post office, simply forwarding the petitions and letters sent by top ranking officials on One Rank One Pension (OROP)
The One Rank One Pension (OROP) – the uniform pension for Armed Forces personnel retiring in the same rank with same length of service irrespective of their date of retirement – has become an embarrassment for the Narendra Modi government, ever since the veterans showcased their strength at Jantar Mantar followed by 10 former service chiefs writing a letter to the Prime Minister early this week.
The present agitation by the former Defence Forces personnel is the culmination of a series of petitions made by them but handled casually as per information revealed through Right to Information (RTI) Act. Activist Commodore Lokesh Batra (retd) had filed several of such RTI applications and found the shabby treatment given to these petitions. This is particularly, in cases where 22,000 gallantry medals were returned to the President of India’s office over the years between 2009 and 2014.
In other cases like, the blood-signed petition submitted to the President’s office in June 2015 and the open letter sent to the Prime Minister’s Office (PMO) office early this week, the treatment has been equally disdainful. As per the replies, all that the President’s Secretariat and PMO have done is to forward these petitions to the Ministry of Defence (MoD), as a matter of routine and there is no will to implement it or to take up the matter seriously, Batra says.
As the RTI replies reveal, the gallantry awards were returned in various phases. The President’s Secretariat in its reply to Batra gives the list of dates when the medals were returned. They were on – 2 August 2009 (3 sealed boxes of medals); 14 March 2009 (2 sealed boxes of medals); 12 April 2009 (1 sealed boxes of medals); 13 September 2009 (2 sealed boxes of medals); 25 October 2009 (1 sealed box of medals); 14 Mach, 2010, 22 August 2010, 28 November 2010, 6 March 2011, 1 December 2012 and the recent two letters, one to the PMO office and the other to the President of India.
The Indian Ex-Servicemen Movement (IESM) had shown disgust at the manner in which an officer of the President’s Secretariat had received the gallantry medals instead of the then President of India, Pratibha Patil personally receiving it, in her capacity as Supreme Commander of the Armed Forces. As per the RTI replies, all these petitions have been routinely forwarded to the MoD’s Department of Ex-Servicemen Welfare for action.
Maj Gen Satbir Singh (retd) also sent a letter on 14 June 2015 to the PMO, which was also routinely forwarded to the Department of Ex-servicemen Welfare. According to the reply received by Batra under the RTI, "The letter dated 14.6.2015, received in this office from Major General Satbir Singh (retd.), has been forwarded to the Department of Ex-servicemen Welfare, Ministry of Defence, Government of India, for appropriate action vide this office's ID No. PMOPG/D/2015/0131255 dated 18.6.2015. The letters received from citizens are processed through the computerised software system and without any file noting in the Public Wing of the Prime Minister's Office, therefore, no copy of noting can be provided."
The President Secretariat while replying to query from Batra stated, “Kindly refer to your RTI application dated 17.06.15 through e-mail. In this regard, it is informed that- (a) the memorandum dated 14.06.2015 was received on 15.06.2015. A copy of the petition is enclosed. (b) The memorandum in original was forwarded to the Joint Secretary (ESW), Ministry of Defence, South Block, New Delhi .’’
Batra says, “I have no words to express my disenchantment but to hang my head in shame to watch how our brave Veterans and their families who gave their today in safeguard nation's tomorrow... are being dingily treated by the nation.”
The RTI applications filed by Commodore Lokesh Batra (retd) are as follows:
18 August 2015
To,
Shri Pushpendra Kumar Sharma,
US (RTI) & CPIO,
Prime Minister's Office (PMO), South Block,
New Delhi – 110011
Sub: Application under RTI ACT, 2005
Dear Sir,
1. Background: The media has reported that the 10 former Chiefs of ‘Indian Defence Forces’ have addressed an ‘Open Letter’ to Hon’ble Prime Minister, Shri Narendra Modi, on the subject of "One Rank, One Pension (OROP)". A scanned copy of the text of the said letter, as available in media, is attached.
2. In the above background/context; please provide me following information:
(a) The date when the Hon’ble Prime Minister and other Senior Most Officer in the PMO, had perused the said Letter of former Chiefs of Indian Armed Forces. Please provide me the certified photocopy of the said Letter/ Petition/Memorandum after it had been perused by Hon’ble Prime Minister, Shri Narendra Modi, and other Senior Most Officer in the PMO.
(b) From records of this Public Authority, please provide complete brief on follow up action(s) taken on said Letter /Petition/Memorandum giving date-line.
(c) Please provide me list of file(s)/records with reference number(s) on which the said Letter / Petition/Memorandum of former Chiefs of Defence forces was/ being processed. I would like inspect these records at mutually convenient date and time. At that stage, I will take certified copies of relevant documents in the file(s) / records.
4. I am attaching an e-IPO No.:M15160001306 of Rs.10/- as RTI Fee.
Attachments: 02 (signed & scanned of: RTI with enclosure + e-IPO)
Yours’ Sincerely,
{Commodore Lokesh K Batra (Retd.)} IN-1967
H-02, Sector-25, Jalvayu Vihar, Noida-201301, INDIA (Presently Traveling)
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By Email only
22 June 2015
To,
Shri Pushpendra Kumar Sharma,
US (RTI) & CPIO,
Prime Minister's Office (PMO),
South Block,
New Delhi – 110011
Sub: Application under RTI ACT, 2005
Dear Sir,
1. Background: This is with reference to Media reports that on or around 14 June 2015, a Petition/Letter has been submitted by Major General Satbir Singh, SM (Retd.), Chairman, IESM, on subject “One Rank, One Pension (OROP)”, addressed to the Hon’ble Prime Minister.
2. In the above background/context; please provide me following information:
(a) The date when Hon’ble Prime Minister and other Senior Most Officer in the PMO, had perused the said Petition/Letter. Please provide me the certified photocopy of the said Petition/Letter after it had been perused by the Hon’ble PM and other Senior Most Officer in the PMO.
(b) From records of this Public Authority, please provide complete brief on follow up action(s) taken on said Petition/Memorandum/Letter giving date-line.
(c) Please provide me list of file/files/records with reference number(s) on which the said Petition/Letter of Ex-servicemen was /being processed.
(d) I would also like to inspect all the file/files concerned with processing of above mentioned letter on subject “One Rank, One Pension (OROP)”. At that stage, I will take photocopies (duly certified) of the documents and notings in the file(s) as required by me.
4. I am attaching an e-IPO No.:M15160000611 of Rs.10/- as RTI Fee.
Attachments: 02 (signed & scanned of RTI +e-IPO)
Yours’ Sincerely,
{Commodore Lokesh K Batra (Retd.)} IN-1967
BringChangeNow
H-02, Sector-25, Jalvayu Vihar, Noida-201301, INDIA (Presently Traveling)
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By Email only
14 August 2015
Shri Niranjan Kumar Sudhansu,
Director and CPIO,
The President’s Secretariat, Rashtrapati Bhavan,
New Delhi-110004
Sub: Application under Right to Information Act 2005
Dear Sir,
1. Background: The media has reported that the four former Chiefs of ‘Indian Armed Forces’ namely: former Army Chief General SF Rodrigues, and former Navy Chiefs, Admirals L Ramdas, Arun Prakash and Sureesh Mehta have addressed an ‘Open Letter’ to H.E. the President of India, Shri Pranab Mukherjee to "urgently intervene" to ensure "One Rank, One Pension (OROP)". A scanned copy of the text of said letter is attached.
2. In the above background/context; please provide me following information:
(a) The date when H.E. the President and other Senior Most Officer in the President’s Secretariat, had perused the said Letter of former Chiefs of Indian Armed Forces. Please provided me the certified photocopy of the said Letter/ Petition/Memorandum after it had been perused by H.E the President India and other Senior Most Officer in the President’s Secretariat.
(b) From records of this Public Authority, please provide complete brief on follow up action(s) taken on said Letter /Petition/Memorandum giving date-line.
(c) Please provide me list of file(s)/records with reference number(s) on which the said Letter / Petition/Memorandum of former Chiefs of Armed forces was/ being processed. I would like inspect these records at mutually convenient date and time. At that stage, I will take certified copies of relevant documents in the file(s) / records.
4. I am attaching an e-IPO No.:M15160001268 of Rs.10/- as RTI Fee.
Attachments: 03 (signed & scanned of RTI +e-IPO + copy of said Letter)
Yours’ Sincerely,
{Commodore Lokesh K Batra (Retd.)} IN-1967
H-02, Sector-25, Jalvayu Vihar, Noida-201301, INDIA (Presently Traveling)
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By Email only
17 June 2015
Shri Saurabh Vijay,
Director and CPIO,
The President’s Secretariat,
Rashtrapati Bhavan,
New Delhi-110004
Sub: Application under Right to Information Act 2005
Dear Sir,
1. Background: This is with reference to Media reports that a few days ago a Petition/Memorandum/Letter has been submitted by the Ex-servicemen (ESMs), regarding their demand of “One Rank, One Pension (OROP)”, addressed to H.E. the President of India. I am also aware that in the past few years the delegations of Ex-servicemen have also returned/ deposited their Medals with President’s Secretariat.
2. In the above background/context; please provide me following information:
(a) The date when H.E. the President and other Senior Most Officer in the President’s Secretariat, had perused the said Petition/Memorandum/ Letter. Please provided me the certified photocopy of the said Petition/Memorandum/Letter after it had been perused by H.E the President and other Senior Most Officer in the President’s Secretariat.
(b) From records of this Public Authority, please provide complete brief on follow up action(s) taken on said Petition/Memorandum/Letter giving date-line.
(c) Please provide me list of file/files/records with reference number(s) on which the said Petition/Memorandum /Letter of Ex-servicemen was /being processed.
(d) From records of this Public Authority, please provide number of Medals deposited by ESMs with dates of depositing. Also provide brief on follow up action(s) taken on Medals deposited in the past by ESMs giving date-line.
(e) Also provide Email ID(s) and contact details of RTI Nodal Officer /RTI Cell.
4. I am attaching an e-IPO No.:M15160000553 of Rs.10/- as RTI Fee.
Attachments: 02 (signed & scanned of RTI +e-IPO)
Yours’ Sincerely,
{Commodore Lokesh K Batra (Retd.)} IN-1967
H-02, Sector-25, Jalvayu Vihar, Noida-201301, INDIA (Presently Traveling)
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Vinita Deshmukh is consulting editor of Moneylife, and also convener of the Pune Metro Jagruti Abhiyaan. She is the recipient of prestigious awards like the Statesman Award for Rural Reporting which she won twice in 1998 and 2005 and the Chameli Devi Jain award for outstanding media person for her investigation series on Dow Chemicals. She co-authored the book “To The Last Bullet - The Inspiring Story of A Braveheart - Ashok Kamte” with Vinita Kamte and is the author of “The Mighty Fall”.)
In other words Feku56 is now cheating the ex-servicemen where as what is stopping him from announcing he and fellow BJP elected representatives will not avail pension if they had not completed 20 years as elected representatives, where as at present they are collecting it after a five year term itself
All MPs and MLAs have passed their enhanced pension in the Parliament, even if they complete just one term of their elected post. Our legislators have taken ample precautions in passing their revised new pension, by making amendments that even if lok sabha or assembly is dissloved, before completion of its 5 year term, legislators will get their full pension, as if they have completed 5 yaers' term. Their pension is minimum of Rs.40,000 for assembly member and Rs.80,000 for loksabha member, if one elected term is completed. More number of elected terms are completed by your MP or MLA his/her pension is higher, and it may cross Rs.1,00,000/-, for two or more terms. This pension is heritable to legislator's spouse fully.
We cannot compare Legislator's pension with retired government employee's pension. Under the guidance of Congress MP, Barrister Antuly, a committee was set up then, which has revised their pension to all the legislators of Centre and the State.
If one rank one pension is granted to Armed Force retirees, then why same cannot be applied to all other retirees? Is inflation is applicable only to the retired armed forces? Other pensioners can pull themselves with existing low pension?
A pension scale starts with the length of service and on last drawn pay. As a matter of thumb rule, its amount is almost 35% of the last drawn salary, if you complete 33 years of uninterrupted (continuous) service. For every one year less than 33 years, you lose 3% of your applicable pension.
For example, let us say your last monthly salary is Rs.60,000/-. Then you will get 35% of last salary, Rs.21,000/- pension, if you complete 33 years of service. If you complete lesser service, then for every one year less than 33 years, you will get Rs.630/- less than Rs.21,000/-, for every one year lesser.
For example, if you have completed 23 years of service then your pension will be Rs.21,000/- minus Rs.6,300/- equal to Rs.14,700/-.
Government of India, every year adds dareness allowance on basic pay, to meet the inflation. After 10 years, Government's Pay Commission merges dareness allowance in the basic pay, and new scale with higher basic pay and higher increment rate comes into picture.
For example, a Major in army, who retired in the year 2005, his scale covered under Fifth Pay Commission. Army Major who retired in the year 2015, is covered under sixth pay commission, which has come into force from 1.1.2006. As on today, even if both are in same rank, with same length of service will get different pension, since their last drawn salay was different.
Armed force personnels are now fighting for the same pension to same rank and same length of their service.
Although their demand is just and right, Government has to think for other pensioners of Central and State Government. If Army personellels get one rank one pension, then it should be given to all the pensioners of Central and State Governments. Other wise it will be the violation of Articles 14 and 21 of the Fundamental Rights of the Constitution of India, and some or other Pensioner's Association may file a Writ Petition against the Government in Supreme Court, under Article 32 of the Fundamental Right for violation of Fundamental Rights under Articles 14 and 21.
Therefore, Government is not proceeding with the demand of retired force personnels' demand for one rank one pension policy.
Even if one rank one pension is implimented, Government is also afraid of claiming back differences by those pensioners, who get their present enhanced pension.
If OROP is given to the retirees of Forces, then under Constitutional provisions, under Fundamental Rights, Article 14, all other pensioners of the Central & State Governments are also eligible for OROP.
Still, under Article 266 (3), Part XII of the Constitution of India, Central Government may give OROP to all the retirees of the Forces, by using difference in excess pension payment from the Consolidated Find of India, after passing the bill in both the houses of the Pariliament.