SOLDIERS: PLEASE READ YOUR PAY/SALARY AND PENSION SLIPS You Might Be Entitled to a Monetary Bonanza

Once upon a time, long ago when I was a soldier, reading or checking one's pay or salary slip was considered almost blasphemous. Soldiers, including officers, were expected to maintain a macho exterior, displaying physical strength, resilience, and toughness. This outward display was a coping mechanism for the rigors of military life and helped maintain camaraderie and confidence.

In those days, any soldier or officer seen reading their salary slip was disparaged, often labelled as 'Bania,' a term used pejoratively to describe small-time shopkeepers or traders. The prevalent belief was that soldiers were in the military to serve the nation and fulfil their passion for bearing arms, not to concern themselves with financial matters. This mindset was further reinforced by the Chetwode Motto, a set of guiding principles enunciated by Field Marshal Philip Chetwode in 1932. The motto states:

• First: The safety, honour, and welfare of your country come first, always and every time.
• Second: The honour, welfare, and comfort of the men you command come next.
• Third: Your own ease, comfort, and safety come last, always and every time.

These principles aimed to instil a sense of duty, responsibility, and self-sacrifice. However, they were often misinterpreted by officers, leading many to believe their welfare was solely the responsibility of the country and their senior officers. It was unfathomable to them that their pay and allowances might not be accurately calculated by the Defence Accounts Department. They wrongly assumed that any errors would be promptly addressed by higher headquarters.

Regrettably, these assumptions have proven false. The implementation of the VI Central Pay Commission (VI CPC) recommendations led to pay fixation discrepancies with far-reaching financial implications for both serving and retired soldiers. The Defence Accounts Department's handling of the VI CPC recommendations—whether out of malice or to reduce their workload—resulted in numerous errors. While Armed Forces Tribunals (AFTs) have consistently ruled in favour of soldiers seeking redress, only a few vigilant soldiers have benefited. Senior military officials, aware of the issue, have neither sought government intervention nor educated soldiers on seeking justice through the courts.

The incorrect pay fixation stems from Section-III of SAI 2/S/2008, SAFI 2/S/2008, and SNI 2/S/2008. This section outlines two options for pay fixation for officers promoted on or after 01 Jan 2006. Para 12 of SAI 2/S/2008 details the procedure for pay fixation on promotion, offering options either from the date of promotion or the next increment. However, Para 12 (b) (iv) mandates that if no option is exercised, the CDA (O) will regulate fixation to provide the most beneficial outcome.

The rationale behind SAI 2/S/2008 specifying the procedure for exercising pay options is puzzling, especially when the intent is to ensure the most advantageous outcome for the officer. More perplexing is the CDA (O)'s disregard for this provision, leading to the penalization of officers who either failed to exercise the option or did so incorrectly due to ignorance. It's clear that no rational individual would willingly choose an option that results in lower salary and pension for their entire career.

Similarly, soldiers have also faced unfair treatment by the Defence Accounts Department. This issue has been thoroughly examined in the case of Sub ML Shrivastava and Others vs. Union of India (O.A No. 1182 of 2018, decided on 03.09.2021). Relevant paragraphs of the judgment are as follows:

"31. It is also undisputed that if the applicants, by default, are placed in the new pay scale as fixed with effect from 01.01.2006, they would be in a disadvantageous position throughout their service tenure and upon retirement/transition to the 7th CPC. Moreover, it is absolutely reasonable to assume that no sane person would knowingly put themselves in a disadvantageous position in service and refuse to accept a beneficial pay scale and opt for a new pay scale that is disadvantageous.

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39. In view of the above, the three OAs under consideration are allowed and we direct the Respondents to:-

(a) Review the pay fixed of the applicants and after due verification re-fix their pay under 6th CPC in a manner that is most beneficial to the applicants.

(b) Thereafter re-fix their pay in all subsequent ranks and on transition to 7th CPC where applicable, and also ensure that they are not drawing less pay than their juniors.

(c) Re-fix all pensionary and post retiral benefits accordingly.

(d) Issue all arrears and fresh PPO where applicable, within three months of this order and submit a compliance report.

40. In view of the fact that there are a large number of pending cases which are similarly placed and fall into Category A or B, this order will be applicable in rem to all such affected personnel. Respondents are directed to take suo moto action on applications filed by similarly aggrieved personnel and instruct concerned PAO(OR) to verify records and re-fix their pay in 6th CPC accordingly.”

A Call for Action:

It is crucial for authorities to revisit and rectify these pay discrepancies without any further delay. Ensuring fair compensation is not only a matter of financial equity but also essential for morale and trust in the system.

Taking Action:

If you are affected by such discrepancies, follow these steps to file a case in the AFT:

1.    Compare your salary / pension with your peers and Juniors. If you are drawing less pay / pension than your similarly placed peers or juniors than you are an affected party.

2.    Gather Documentation: Collect all relevant documents, including pay slips, promotion orders, and previous representations, if any.

3.    Consult Legal Advice: Seek guidance from a legal expert familiar with AFT procedures. The fee for such a case is reasonable, and a good advocate may charge anything from Rs. 10,000 to Rs 15,000. You won't be required to appear in court personally at any time.

4.    File Your Case: Submit your application to the AFT with all supporting documents, clearly outlining the discrepancies and referencing relevant precedents.

5.    Follow Up: Stay engaged with your legal counsel and monitor the progress of your case. Provide any additional information as needed.

Conclusion:

By taking action, you not only seek justice for yourself but also contribute to a fair and transparent system for all personnel. Your courage can inspire others facing similar issues to do the same. A favourable judgment could significantly enhance your pay and pension for life, with potential arrears exceeding Rs. 3 lakhs.