PARAMILITARY FORCE RETIRED OFFICERS’ ASSOCIATION (REGD.) CHANDIGARH
(Registration No 3089 of 2000)
No. PMFROA/2014/02/ 05
24February, 2014
MEMORANDUM
Grant of One Rank one Pension to Paramilitary Forces
The PARAMILITARY FORCES RETIRED OFFICERS ASSOCIATION, CHANDIGARH, hailed the grant of ‘ ONE RANK ONE PENSION’ to the three wings of the defence service personnel , and termed it as the right move on the part of the government. However, they rued the govts apathy for not extending the same to the Paramilitary Forces,{ Armed Forces of the Union of India under Ministry of Home Affairs, viz Border Security Force (BSF), Sashastra Seema Bal (SSB), Indo-Tibetan Border Police (ITBP), Central Reserve Police Force (CRPF),Central Industrial Security Force (CISF), Assam Rifles ( A R )}. These Armed forces have the same structural features, same command and control elements, serve under similar harsh service conditions, and are subject to stringent legal provisions as per their respective Acts under which these forces were raised, as the army. In spite of the similarities in the duties performed by the PMFs, these forces are deprived of privileges extended to defence services and discriminated in numerous ways, as listed below:
(a). The Paramilitary Forces had been raised under the Central Acts of the Parliament, and designated as ‘ Armed Forces of the Union’, and placed under the control of Ministry of Home Affairs ( MHA), in view of international ramifications. For example, BSF was raised under the BSF Act, 1968 (Act 47 of 1968).This Act is almost a replica of the Army Act. Similar is the case with other forces which constitute the Armed Forces of the Union (as per their respective Central Acts). It was later that MHA added the word ‘Police’ before the actual designation of these central forces, to forestall any international ramifications. However, the service conditions of all these forces are akin to the army, with same stringent conditions of service, as applicable to the Army.
(b) The ‘ Armed Forces’ or the ‘Central Armed Police Forces’( CAPFs), are deployed to safeguarding the nation externally as well as internally, ensuring the security of the borders of India, and for maintaining internal peace and are placed under the control of Ministry of Home Affairs. The task very much akin to Defence services.
(c) The command structure of CAPFs is similar to the army, and so is its rank structure, except that the ranks in CAPFs have different nomenclature ( Commandant, Deputy commandant, Assistant commandant, Subedar, S I etc). The command and control system in a battalion of CAPF is also similar to the army battalion. Under these conditions, when the juniors start getting more pension than the seniors, it violates the hierarchy of command system, as is applicable to all Armed Forces, whether under the Ministry of Defence or the Ministry of Home Affairs. It is a well establish dictum based on the Supreme Court judgement of 1982 and accepted by the Central Govt, that,” pension is not a bounty nor a matter of grace depending upon the sweet will of the employer. It is not an ex-gratia payment, but a payment for past services rendered”. In another judicial ruling, it has been stated that different criteria for grant of unequal pay / pension for the same rank on the basis of cut-off date of retirement violates Article 14 (equality before law) of the constitution. All pensioners irrespective of rank are entitled to same pension. In the case of defence services, the govt has, rightfully, realized the truth of this fact, and given succor to the pre-2006 defence pensioners to come up to the level of their post 2006 retirees of equivalent rank and status by granting them ‘One rank one Pension’. However, the personnel of CAPFs, who have equitable dispositions, command structure, rank system and nature of duties are grossly ignored, discriminated and forced to face the ignominy of far less emoluments vis-à-vis their juniors retiring post-2006. The govt has also termed the retired personnel of CAPFs as ‘ex-servicemen’ on the analogy of defence forces, vide Govt of India, MHA, O M No 27011/100/2012-R&W, dated 23 Nov, 2012 . Denial of any incentive to the ex-servicemen of CAPFs as extended to the ex-servicemen of Defence Armed Forces is most unfair.
(d) The CAPFs, such as BSF, ITBP, SSB, A R are deployed on the borders with Pakistan, Bangladesh, Nepal, and Myanmar, and CRPF is actively engaged in counter insurgency operations, Naxalite menace, and also manning high altitude posts in the north-east. BSF, CRPF, ITBP and A R have been actively engaged in the wars that have taken place in the past (1965, 1971 and Kargil Operations in
1999). These forces have suffered heavy casualties in the wars, dealing with trans-border crimes, in anti-Naxalite operation and other such activities. These duties are akin to the army, which is also responsible for the guarding of the borders, and are responsible for security of the nation. In fact, in J & K and in the North-eastern states of India, the CAPFs are deployed side by side with the army, at times, on the same location and high altitude mountain features. They perform their duties in most adverse conditions coupled with threat to their life either by enemy action, insurgents and the climatic hazards in high altitude, deprived of domestic life, which leads to deterioration of the physical and mental ability.
(e) Because of the similarity in the nature of deployments and performance of duties with the defence services, especially the army, the personnel of Central Armed Forces require high standard of physical fitness. To ensure a young profile, these personnel are compulsorily retired at a younger age of 57 years, compared to their civilian and Police counterparts where the normal retirement age is 60 years . The normal superannuation age of the Defence Forces (Army, Navy & Air Force) ranges from 40 to 57 years. No compensation for earlier retirement in the pension/ emoluments is granted to the CAPF personnel for their early retirement, as is applicable to the personnel of defence services.
(f) In spite of the fact that the service conditions of CAPF personnel are akin to the Defence Armed Force personnel, they are not compensated with any additional incentives or allowances, as in the case of army. An Army jawan, posted in Leh or Ladakh gets Military Service Pay, for reasons that he is a part of army, but a BSF jawan or a ITBP jawan, serving under same conditions and in the same location, surviving in sub-zero temperatures is deprived of the same , without any potent reasons. It is the harsh conditions of service, and their performance which should matter, and not the name of the wing of the Force, of which these personnel are part of. Denial of ‘One Rank One Pension’ to the Armed Forces under the Ministry of Home Affairs is discriminatory, arbitrary, illegal and unjustified.
(g) The CAPFs are doubly discriminated. On the one hand, they are employed on duties akin to the army, without the incentives, applicable to Armed forces placed under Ministry of Defence, and on the other hand, by being dubbed as a Police Force, are equated with the Civil Service. Here also, they are deprived of
certain privileges extended to civil servants and the Police, such as Non Functional Up gradation (NFU) etc, on the analogy that they are Armed Forces, governed by specific rules. On one hand, personnel of these Forces are pressurized to face the hazards of serving in most hostile and difficult areas, face the bullets of the enemy, insurgents etc, without any incentive, and on the other hand they are the losers on the financial front granted to certain category of civil employees and Police.
These are only a few instances of the discrimination against the CAPFs, which are agitating the minds of pre-2006 retired personnel of CAPFs, leading to frustration. It is high time that the govt pays attention to mitigate the discrimination of pre-2006 pensioners of CAPFs vis-a -vis defence services pensioners, and consider extending the grant of ‘ONE RANK ONE PENSION’ to the Armed Forces of Union of India under Ministry of Home Affairs at par with Armed Forces under Ministry of Defence.
Source:http://www.pmfretiredofficers.com
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