Pay fixation of ex-servicemen re-employed with psu banks
CHINTANKUMAR BHARATKUMAR DESAI
(Querist) 28 July 2013
This query is : Resolved
Dear Sir,
I am an ex-servicemen retired from the Indian Navy after completion of my initial engagement of 10 years (Non-Pensioner) on 30 April 2009. Post implementation of 6th Central Pay Commission with effect from 01 January 2006 and subsequent implementation of the Military Service Pay with effect from 01 September 2008; my pay scale included (Pay in pay band + Grade Pay + X-group Pay + Military Service Pay). Dearness Allowance being applied on the total of all the components. (Along with other allowances like HRA and transport allowances;) My Last Pay Drawn Certificate (LPDC) figured as following:
Basic Pay - 11480
Good Conduct Badge Pay - 160
X-group Pay - 1400
Grade Pay - 3400
Military Service Pay - 2000
Dearness Allowance - 4022
Note: Then rate of around 20 % D.A. applied on the total of all the components i.e. (Basic + Grade + GCB + X-group + Military Service) Pay
Subsequently, on retirement after completion of my initial engagement with the Indian Navy; I was re-employed with the State Bank of India (PSU) on 15 December 2010 in the clerical cadre.
Although, the Bank's rule book on staff matters clearly states that the pay fixation of an ex-servicemen on re-employment should be done in the manner, so as to protect the Pay + D.A of the ex-servicemen at the time of release from the armed forces; the authorities have considered Basic Pay, Grade Pay, Good Conduct Badge Pay and X-group Pay for the purpose of pay-fixation on re-employment in public sector banks; leaving out the MSP (Military Service Pay) arguing that the Military Service Pay was an in-service Pay and will not be considered for the pay fixation at the time of re-employment.
Sir, please note that the reckonable emoluments even for the pension; contains the component of MSP for the pensioners who are not in the active military service; then why it should not be considered for pay-fixation on re-employment for a non-pensioner ex-servicemen like me who has given 10 years of his prime youth for serving the nation's cause.
Would like to re-iterate again that my Last Pay Drawn Certificate contains the element of MSP and there was a D.A applied on the same showing that it was an integral part of Pay and should be protected while re-employment in the public sector banks.
Also note that the Govt.of India Gazette clearly states that the pay-scales of the military personnel includes Pay in pay band, Grade Pay, X-group pay and military service pay. If at all; the MSP is not considered for pay-fixation then how come the pay gets protected which is the premise of the pay fixation of an ex-servicemen on re-employment for his re-settlement.
Please guide and advise if I should take a legal course of action.
Attachments:
1.Govt.of India Gazette on implementation of 6th CPC showing pay scales of PBORs in X-group.
2.Dept.of Personnel & Training Office Memorandum no.3/19/2009 Estt.Pay II dated 08 Nov 2010.
R.K Nanda
(Expert) 28 July 2013
consult local lawyer.
CHINTANKUMAR BHARATKUMAR DESAI
(Querist) 28 July 2013
Dear Sir, Please advise if asking for the MSP in pay fixation is a rightful demand as per the extant rules post implementation of 6th CPC.
Rajendra K Goyal
(Expert) 29 July 2013
Write to higher authorities through proper channel for fixation. Take up the matter through Employes Association.
CHINTANKUMAR BHARATKUMAR DESAI
(Querist) 03 August 2013
Dear sir,
I had lodged a grievance in the ministry of personnel and public grievances portal long back that is soon after the erroneous pay fixation in Dec 2011.
The same was routed back recently last month to the Local Head Office(Circle) and then to the regional office asking for early resolution.
The Circle office has simultaneously lodged the same complaint on the online complaint management system of the organisation for effective tracking.
On 31/07/2013 the regional office turned down the application saying that since the ex-servicemen is a non pensioner the MSP will not be applied while fixing his pay in the PSU bank.
The authorities are quoting a letter that contains a line, "In cases of Defence Officers/personnel whose pension contains an element of MSP, that need not be deducted from the pay fixed on re-employment". The circular has been mis-interpreted as the term ex-servicemen and pensioners from military are very interchangeable in nature.
Sir, would like to draw your attention again that the pay fixation is done on the basis of the last drawn pay certificate which contained the MSP. There is a govt.of India gazette that clearly states the pay scales of military personnel that includes the component of MSP as a pay scale and not an allowance.
The circular does not even state that non-pensioner ex-servicemen will not get the MSP in pay -fixation. Myself being a non pensioner the authorities have declined the request/application.
Sir, please guide as the pension is an outcome of the last drawn pay and the pay-fixation also is an outcome of the last drawn pay then how come non pensioners not get the MSP in pay fixation.
The benefit cannot be deprived from an ex-servicemen like me who has served his initial tenure of 10 years with a national pride; without any pension benefits.
I am sure that there wont be any government guidelines which will say that the pensioners to get MSP both in the Pension as well as the pay fixed on re-settlement; whereas the non-pensioners will stay high and dry where MSP will not be counted even at the time of their re-settlement.
Sir, Please guide the future course of action. Will be highly thankful to you.
