7CPC Anomaly Committee: Agenda Item for 1st Meeting on Defence Disability Pension
Annexure-IV
AGENDA FOR DISCUSSION IN THE ANOMALY COMMITTEE MEETING TO BE HELD AT 11.00 A.M. ON 01.12.2016 UNDER THE CHAIRMANSHIP OF SECRETARY, DoPT)
The Agenda for discussion pertains to the issue of demand of Defence Forces Personnel for restoration of the percentage-based methodology for the
calculation of Disability Pension to the Defence Forces Personnel. The 7th CPC has recommended a slab-based methodology for calculation of Disability
Pension for them. As per their demand, while the 7th CPC has recommended slab-based system for calculation of Disability Pension for the Defence Forces
Personnel, it has not made any recommendation for the civilians which continues to be percentage-based. Therefore, their contention is that the proposed
slab-based Disability Pension system will lead to an anomaly between the Civilian side and the Defence Forces Personnel.
calculation of Disability Pension to the Defence Forces Personnel. The 7th CPC has recommended a slab-based methodology for calculation of Disability
Pension for them. As per their demand, while the 7th CPC has recommended slab-based system for calculation of Disability Pension for the Defence Forces
Personnel, it has not made any recommendation for the civilians which continues to be percentage-based. Therefore, their contention is that the proposed
slab-based Disability Pension system will lead to an anomaly between the Civilian side and the Defence Forces Personnel.
It has been decided to refer the matter for urgent consideration before the National Anomaly Committee.
2. The recommendations of the 7th CPC on this issue is contained in para no. 10.2.55 which is at Annexure-I.
3. The justification for the recommendation given by the 7th CPC in paras 10.2.49 to 10.2.51 are at Annexure-II,
III & IV.
III & IV.
4. The representatives from the Defence Forces Personnel in a meeting held on 11.11.2016 have inter alia contended that:
a) That the 7th CPC-recommended slab-based Disability Pension System will, if implemented, lead to an anomaly between the civilian side and the Defence
Forces Personnel because the civilian side will continue to be governed under a percentage- based system.
Forces Personnel because the civilian side will continue to be governed under a percentage- based system.
b) The basis of the 7th CPC recommendations for introduction of the slab-based system for the Defence Forces Personnel, viz. that the percentage of
officers retiring with disability element has increased, is erroneous. According to their contention between 5th & 6th CPC, the number of retirement
cases with disability element has, in fact, fallen as below:
officers retiring with disability element has increased, is erroneous. According to their contention between 5th & 6th CPC, the number of retirement
cases with disability element has, in fact, fallen as below:
| Rank |
5th CPC Regime Range (Slab Based) |
6th CPC Regime Range (Percentage Based) |
| Lt. Col. | 12% to 38% | 7.5% to 21.2% |
| Col. | 4.8% to 24.9% | 3.3% to 23.3% |
| Brig. | 4% to 17% | 2.7% to 21.6% |
| Maj. Gen. | 4% to 17.5% | 0% to 16.5% |
| Lt. Gen. | 10% to 50% | 0% to 15.4% |
c) 7th CPC has erroneously assumed that the slab-based system would benefit the lower ranks by narrowing down the gap between the maximum and the minimum.
As per their conclusion, except for benefitting a miniscule number of Defence Forces Personnel who would get invalidated out in the lower ranks of service,
the slab- based system would be detrimental to most ranks in all superannuation cases.
As per their conclusion, except for benefitting a miniscule number of Defence Forces Personnel who would get invalidated out in the lower ranks of service,
the slab- based system would be detrimental to most ranks in all superannuation cases.
5. Point-wise inputs on the contention received from the D/o Ex-Servicemen Welfare at Annexure-V are briefly as under:
a) 7th Pay Commission has recommended slab-based system for disability element of disability pension for Defence Forces Pensioners. However, the 7th CPC
has not made any recommendation for the civilians. The existing system of disability on percentage-based system would, therefore, continue in civil side.
This has led to an anomalous situation.
has not made any recommendation for the civilians. The existing system of disability on percentage-based system would, therefore, continue in civil side.
This has led to an anomalous situation.
b) A comparative statement indicating the percentage of retirees with disability during 5th CPC era when slab-system was prevalent vis-a-vis retirees with
disability during 6th CPC when percentage system was placed, is as under:
disability during 6th CPC when percentage system was placed, is as under:
| Ranks |
Percentage of retirees with disability during 1996 to 2005 (5th CPC) |
Percentage of retirees with disability during 2006 to 2015 (6th CPC) |
| Lt. Col/Equivalent | 2.04%-18.3% | 7.5%-21.2% |
| Colonel / Equivalent | 1.56%-17.38% | 3.3%-23.3% |
| Brigadier / Equivalent | 2.08%-17.42% | 2.7%-21.6% |
| Major General / Equivalent |
0.0%-11.27% | 0.0%-l 6.5% |
| Lt. General/Equivalent | 0.0%-21.88% | 0.0%-15.4% |
It could be seen from the data given by CGDA office that percentage of retirees for commissioned officers have increased in 6th CPC regime vis-a-vis 5th
CPC.
CPC.
c) Pre 2016 retirees
The comparison between slab and percentage system of disability element for pre-1.1.2016 retiree pensioners have been made with reference to pay last drawn
by migrating the same in 7th CPC pay structure and also by working out the disability element by linking the same with revised sendee pension under 7th
CPC. The statements indicating rank wise, qualifying sendee wise status in both the said scenario are attached as Annexure- V(D’ and ‘C’) respectively.
The statement indicates that all commissioned officers are at disadvantage in case the slab recommended by 7th CPC is implemented. However, in case of
JCO/ORs, lower ranks are getting benefited under slab rates.
by migrating the same in 7th CPC pay structure and also by working out the disability element by linking the same with revised sendee pension under 7th
CPC. The statements indicating rank wise, qualifying sendee wise status in both the said scenario are attached as Annexure- V(D’ and ‘C’) respectively.
The statement indicates that all commissioned officers are at disadvantage in case the slab recommended by 7th CPC is implemented. However, in case of
JCO/ORs, lower ranks are getting benefited under slab rates.
Further the details of 1,09,988 JCO/OR retirees have also been analyzed on actual basis as data for these pensioners were readily available. It could be
seen from the outcome tabulated as Annexure-V(‘D’), that lower ranks of JCO/OR are getting benefited especially Sepoy, Naik & Naib Subedar. Out of
1,09,988 records of JCO/OR processed, 85,640 (77.86%) pensioners would get benefited under slab rates. It is also intimated to the Ministry that pension
for all pre-1.7.2014 retirees have been revised under OROP orders. It has been observed/analyzed that the pension of JCO/OR pensioners who are drawing
pension on OROP rates (pre-2006 retirees and post-2006 retirees who retired upto 2009-10), are getting benefitted under slab rates of disability pension.
seen from the outcome tabulated as Annexure-V(‘D’), that lower ranks of JCO/OR are getting benefited especially Sepoy, Naik & Naib Subedar. Out of
1,09,988 records of JCO/OR processed, 85,640 (77.86%) pensioners would get benefited under slab rates. It is also intimated to the Ministry that pension
for all pre-1.7.2014 retirees have been revised under OROP orders. It has been observed/analyzed that the pension of JCO/OR pensioners who are drawing
pension on OROP rates (pre-2006 retirees and post-2006 retirees who retired upto 2009-10), are getting benefitted under slab rates of disability pension.
Post 2016 retirees
For post-1.1.2016 retirees, no comparison has been made as notification relating to pay entitlement are not yet finalized. However, based on the
recommendations of 7th CPC, it could be visualized that future progression in new pay structure percentage-based system would definitely be beneficial for
post-7th CPC retirees in all ranks.
recommendations of 7th CPC, it could be visualized that future progression in new pay structure percentage-based system would definitely be beneficial for
post-7th CPC retirees in all ranks.
6. The matter is placed before the National Anomaly Committee for consideration.
Annexure-‘I’
Para No. 10.2.55
The feature that stands out when the historical evolution of the regime relating to disability pension is studied is the shift from slab-based system to a
percentage based disability pension regime consequent to the implementation of the 6th CPC’s recommendations. This move has been contrary to the tenets of
equity insofar as treatment of disability element between Officers and JCOs/ORs is concerned borne out by the fact that the ratio of maximum to minimum
quantum of compensation for disability across the ranks is now disproportionately high at 8.6. The Commission is, therefore, of the considered view that
the regime implemented post 6th CPC needs to be discontinued, and recommends a return to the slab-based system. The slab rates for disability element for
100 percent disability would be as follows:
percentage based disability pension regime consequent to the implementation of the 6th CPC’s recommendations. This move has been contrary to the tenets of
equity insofar as treatment of disability element between Officers and JCOs/ORs is concerned borne out by the fact that the ratio of maximum to minimum
quantum of compensation for disability across the ranks is now disproportionately high at 8.6. The Commission is, therefore, of the considered view that
the regime implemented post 6th CPC needs to be discontinued, and recommends a return to the slab-based system. The slab rates for disability element for
100 percent disability would be as follows:
| Rank | Levels | Rates (in Rs. per month) |
| Service Officers | 10 and above | 27,000 |
| Honorary Commissioned Officers | ||
| Subedar Major/Equivalent | 6 to 9 | 17,000 |
| Subedar/Equivalent | ||
| Naib Subedar/Equivalents | ||
| Havildar / Equivalents | 5 and below | 12,000 |
| N aik/Equivalents | ||
| Sepoy Equivalents |
➢10.2.49:-The notable facts about the disability payout regime
are:
a) There was a gradual rationalization in the number of slabs from eight, prior to 3rd CPC to three after the 4th CPC.
b) The ratio of maximum to minimum quantum of compensation for disability across the ranks witnessed a decline from 4.85 prior to the 3rd CPC to 1.67 post
5th CPC. As a consequence of the implementation of the recommendations of the percentage based system based on the 6th CPC Report the ratio of the maximum
to minimum was reversed and now stands at 8.60.
5th CPC. As a consequence of the implementation of the recommendations of the percentage based system based on the 6th CPC Report the ratio of the maximum
to minimum was reversed and now stands at 8.60.
c) Implementation of the 6th CPC recommendations resulted in a substantial increase in tire disability element. For 100 percent disability, at the minimum
level, i.e., for ORs, it went up from Rs. 1,550 to Rs. 3,138, i.e., a little over double and at highest level amongst officers from Rs. 2,600 to Rs.
27,000, i.e., by 10.38 times.
level, i.e., for ORs, it went up from Rs. 1,550 to Rs. 3,138, i.e., a little over double and at highest level amongst officers from Rs. 2,600 to Rs.
27,000, i.e., by 10.38 times.
d) Disability pension consists of two elements viz., service element and disability element. While the service element was linked with the qualifying
service, disability element was not. Therefore, for the same level of disability, the service officer invalided out and one who served on and retired in due
course, got the same quantum of disability element.
service, disability element was not. Therefore, for the same level of disability, the service officer invalided out and one who served on and retired in due
course, got the same quantum of disability element.
Annexure-‘III’
10.2.50 To examine the recent trends in disability cases, the Commission sought data and further clarifications with regard to all cases of pensioners with
disability element. The total number of pensioners superannuating with disability element, each year, from 2007-08 to 2013-14, as provided by the
Controller General of Defence Accounts (CGDA) is tabulated below:
disability element. The total number of pensioners superannuating with disability element, each year, from 2007-08 to 2013-14, as provided by the
Controller General of Defence Accounts (CGDA) is tabulated below:
| Financial Year |
JCOs/ ORs |
Commissioned Officers |
Total |
Total JCO/OR Retirees |
Total Officer Retirees |
| 2007-08 | 9,355 | 285 | 9,640 | 49396 | 2096 |
| (18.9) | (13.6) | (18.7) | |||
| 2008-09 | 6,908 | 318 | 7,226 | 50913 | 2118 |
| (13.6) | (15.0) | (13.6) | |||
| 2009-10 | 2,644 | 284 | 2,928 | 39133 | 1712 |
| (6.8) | (16.6) | (7.2) | |||
| 2010-11 | 1,840 | 316 | 2,156 | 38209 | 1678 |
| (4.8) | (18.8) | (5.3) | |||
| 2011-12 | 4,765 | 321 | 5086 | 48201 | 1626 |
| (9.9) | (19.7) | (10.2) | |||
| 2012-13 | 5,837 | 327 | 6,164 | 53446 | 1643 |
| (10.9) | (19.9) | (11.2) | |||
| 2013-14 | 4,037 | 318 | 4,355 | 55901 | 1606 |
| (7.2) | (19.8) | (7.6) |
Annexure-IV
➢ 10.2.51:- The following trends are discernible:
a. As a percentage of the total officer retirees, the number of officers retiring with disability has increased in 2013-14, as compared to 2007-08 (13.6
percent to 19.8 percent).
percent to 19.8 percent).
b. The percentage of JCOs/ORs retiring with disability is, on the other hand, decreasing (18.9 percent to 7.2 percent).
c. The percentage of officers retiring with disability is considerably higher than JCO/ORs retiring with disability.
ANNEXURE-V
Government of India
Ministry of Defence
Department of Ex-Servicemen Welfare
D(Pension/Policy)
Subject: 1st Anomaly Committee Meeting to be held on 1/12/2016 under the Chairmanship of Secretary(P) on calculation of Disability Pension for Defence
Forces personnel as per the recommendations of the 7th Central Pay Commission.
The undersigned is directed to refer to Department of Personnel & Training OM No. 11/2/2016-JCA(Pt) dated 15th November 2016 on the above subject.
2. Point-wise inputs for the agenda note on the issues raised by the representatives from the Defence Force Personnel raised in the meeting held on
11.11.2016 are as under:
11.11.2016 are as under:
(a) 7th Pay Commission has recommended slab based system for disability element of disability pension for Defence Forces Pensioners. However the 7th CPC
has not made any recommendation for the civilians. The existing system of disability on percentage based system would therefore continue in civil side. This has led to an anomalous situation.
has not made any recommendation for the civilians. The existing system of disability on percentage based system would therefore continue in civil side. This has led to an anomalous situation.
(b) A comparative statement indicating the percentage of retirees with disability during 5th CPC era when slab system was prevalent vis-a-vis retirees
with disability during 6th CPC when percentage system was placed , is as under:
| Ranks | Percentage of retirees with disability during 1996 to 2005(5th CPC) | Range of retirees with disability during 2006 to 2015(6th CPC) |
| Lt. Col/ Equivaqlent | 2.04%-18.3% | 7.5%-21.2% |
| Colonel/ Equivalent | 1.56%-17.38% | 3.3%-23.3% |
| Brigadier/ Equivalent | 2.08%-17.42% | 2.7%-21.6% |
| Major General/ Equivalent | 0.0%-11.27% | 0.0%-16.5% |
| Lt. General/ Equivalent | 0.0%-21.88% | 0.0%-15.4% |
It could be seen from the data given by CGDA office that percentage of retirees for commissioned officers have increased in 6th CPC regime vis-a-vis 5th
CPC.
CPC.
(c) Pre 2016 retirees
The comparison between slab and percentage system of disability element for pre- 1.1.2016 retiree pensioners have been made with reference to pay last
drawn by migrating the same in 7th CPC pay structure and also by working out the disability element by linking the same with revised service pension under-
rh CPC. The statements indicating rank wise, qualifying service wise status in both the said scenario are attached as Annexure – B & C respectively.
The statement indicates that all commissioned officers are at disadvantage in case the slab recommended by Seventh CPC is implemented. However in case of
JCO/ORs, lower ranks are getting benefitted under slab rates.
drawn by migrating the same in 7th CPC pay structure and also by working out the disability element by linking the same with revised service pension under-
rh CPC. The statements indicating rank wise, qualifying service wise status in both the said scenario are attached as Annexure – B & C respectively.
The statement indicates that all commissioned officers are at disadvantage in case the slab recommended by Seventh CPC is implemented. However in case of
JCO/ORs, lower ranks are getting benefitted under slab rates.
Further the details of 1,09,988 JCO/OR retirees have also been analysed-on actual basis as data for these pensioners were readily available. It could be
seen from the outcome tabulated as Annexure – D, that lower ranks of JCO/OR are getting benefitted especially Sepoy, Naik & Naib Subedar. Out of
1,09,988 records of JCO/OR processed, 85,640 (77.86/0) pensioners would get benefitted under slab rates. It is also intimated to the Ministry that pension
for all pre-1.7.2014 retirees have been revised under OROP orders. It has been observed/ analysed that the pension of JCO/OR pensioners who are drawing
pension on OROP rates (pre-2006 retirees and post- 2006 retirees who retiree upto 2009-10), are getting benefited under slab rates of disability pension
seen from the outcome tabulated as Annexure – D, that lower ranks of JCO/OR are getting benefitted especially Sepoy, Naik & Naib Subedar. Out of
1,09,988 records of JCO/OR processed, 85,640 (77.86/0) pensioners would get benefitted under slab rates. It is also intimated to the Ministry that pension
for all pre-1.7.2014 retirees have been revised under OROP orders. It has been observed/ analysed that the pension of JCO/OR pensioners who are drawing
pension on OROP rates (pre-2006 retirees and post- 2006 retirees who retiree upto 2009-10), are getting benefited under slab rates of disability pension
.
Post 2016 retirees
For post-1.1.2016 retirees, no comparison has been made as notification relating to pay entitlements are not yet finalized. However, based on the
recommendations of 7th CPC, it could be visualized that future progression in new pay structure percentage based system would definitely be beneficial for
post-7th CPC retirees in all ranks.
sd/-
(Manoj Sinha)
Under Secretary (Pen/Policy)
Shri D K Sengupta
Deputy Secretary
DoPT, North Block, New DelhiMoD ID 3840/D(Pen/Pol)/2016 dated 21 November 2016
Forwarding letter by DoPT:-
No.11/2/2016-JCA(Part)
Ministry of Personnel & Training
Department of Personnel & Training
(JCA Section)
New Delhi, dated the 24th November, 2016
OFFICE MEMORANDUM
Sub.: 1st Meeting of the Anomaly Committee to be held on 01/12/2016 under the Chairmanship of Secretary(P) on the calculation of the Disability Pension for Defence Forces’ Personnel as per the recommendations of the 7th Central Pay Commission.
In continuation of this Department’s O.M. no. dated 23.11.2016 on the subject as mentioned above, a copy of the agenda note to be taken up for discussion in the said meeting is forwarded herewith for kind perusal.
Encl. as above
(D.K. Sengupta)
Deputy Secretary (CPC/JCA)
To
All Staff Side members of the Standing Committee of the National Council (JCM) (As per list attached).
Copy for information to:
1. Secretary, Staff Side, National Council (JCM), 13-C, Ferozeshah Road, New Delhi.
2. General Secretary, AIRF, 4 State Entry Road, New Delhi.
3. General Secretary, NFIR, 3 Chelmsford Road, New Delhi.
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