Many veteran officers and single ladies of officers are asking me about implications of Non Functional Financial Upgradation now likely to be given to Armed Forces Officers as the Min of Def has withdrawn their case in Hon'ble Supreme Court. Brig Suresh Nair (Retd) President, T SEWA Kerala gave this information to all of us. If Govt of India does not challenge the judgment of AFT, PB, New Delhi, then it can be safely stated that Govt of India has agreed to implement the judgment of AFT, PB, New Delhi in favour of Col Mukul Dev (Retd).
Though the modalities are not worked out on implementation of NFFU to Armed Forces Officers, yet a number of officers are enquiring from me as to how it will affect them.
*Case won by Col Mukul Dev in AFT, PB, New Delhi in Dec 2016*. I carefully read 97 page judgment of AFT, PB, New Delhi in OA No: 802/2015 in Col Mukul Dev Vs Union of India delivered on 23 Dec 2016.
The Hon'ble AFT ruled that NFFU also be given to Armed Forces officers with arrears restricted to three years from date of delivery of judgment i.e. from 23 Dec 2013. The Hindu worked out the arrears of NFFU to Lt Col of Rs 14 lakhs and Colonels may get arrears of Rs 8 lakhs.
The judgment of AFT, PB, New Delhi gives out some indictions as to how NFFU is likely to be implemented. They quoted 7th CPC report at Chapter 11.22.20 where the Chairman suggested the number of Non Financial Upgradations be restricted to two as it is the case with Organised Group A Services (OGAS). The upgrades should logically be at two levels just above those where system of time bound promotion ceases. These are also the stages at which stagnation levels are high. An extract of 7th CPC Report is shown below:-
*7th CPC Report*. 11.22.20 Further, with a view to ameliorate the difficulties faced by the officers owing to stagnation at various levels, the Chairman felt that NFU should be extended to the CAPFs and *Defence forces* as well. Both of them have, citing high levels of stagnation, sought NFU on the same lines as has been granted to the Organised Group `A' Service. Having regard to the legitimate career aspirations of the CAPFs/ *Defence* on the principles of equity, *the Chairman is of the considered view that NFU should be extended to the CAPFs and Defence forces as well*.
*The number of non-functional upgrades may be limited to two, as it is in the case with Organised Group `A' Service*. These two upgrades should, logically, be at the two levels just above those where the system of time-bound promotions ceases. These are also the stages at which the stagnation levels are high.
11.22.21 The NFU should be subject to the completion of the prescribed residency period in the preceding substantive grade. All other conditions for screening officers for eligibility and promotional norms should be put in place here also. On grant of NFU, the pay fixation of the officer concerned will happen through a two-stage process.
Step 1: Initially one increment to be added to the existing pay, which takes the person on to the next cell in the current level in which he/she resides.
Step 2: The figure closest to this amount is to be located in the next promotional level and the pay fixed in that cell.
No fixation in pay will take place when the substantive promotion is earned in that level subsequently.
*How can we interpret for Armed Forces Officers?*
Let us see how this NFFU granted to OGAS can be implemented to Armed Forces Officers. *This is purely guess work and you should not go by what I am suggesting*. I have not seen one paper on NFFU for Armed Forces till date.
*Where Does Stagnation Occur?*.
In my time stagnation used to occur in the level of Majors. I found only 30% of Majors were lucky enough to become Lt Col and commanded units. When command of unit was upgraded to Colonel SG still No 4 Selection Board was held to promote Majors to the next rank of Lt Col. If the mode of NFFU given to OGAS at two stages is also adopted for the Armed Forces, then every Major should get pay / pension of Colonel.(first stage is Lt Col and second stage is Colonel). The single ladies also will then get higher pension. Ordinary Family pension can hope to get 60% of pension of Colonel for the length of service of husband.
After Ajay Vikram Singh Committee, all Majors became Lt Cols on completion of 13 years of service w.e.f. 16 Dec 2004. Then the two stages where NFFU can be given is that of Colonel and Brigadier. That is if a Lt Col unfortunately does not get promoted to the rank of Colonel, he stagnates. So to compensate for the stagnation, all Lt Cols w.e.f. 16 Dec 2004 benefited by Ajay Vikram Singh Committee can expect to get pension of Brigadier (first stage is Colonel and second stage is Brigadier).
Post 16 Dec 2004, any Colonel SG could not be promoted due to limited vacancies may also get benefit two upgradations i.e. Brigadier and Maj Gen.
In a similar manner Brigadier also is likely get two financial upgradations i.e. pay and pension of Lt Gen (first upgradation of Maj Gen and second upgradation of Lt Gen).
Maj Gens also should get two upgradations i.e Lt Gen HAG and Lt Gen HAG +.
Then Lt Gens HAG can hope to get pay and pension of Army Cdr.
It is better we wait for some more time to see the tables of NFFU from PCDA(Pensions) Prayagraj. Col Mukul Dev has been at it since more than a decade with Tarik pe Tarik at Hon'ble Supreme Court.
Thank God good sense prevailed on Govt of India to grant NFFU to Officers of Armed Forces who have the maximum stagnation.
We can celebrate only when PCDA(Pensions) Prayagraj issues a circular on NFFU and also show tables of NFFU for all ranks.
*Lts & Capts*. My doubt is what will happen to Lts to Capts like Special List Officers (SL) and Special Commission Officers (SCOs)? These officers get officer rank at very late stage of their lives. Then they have very few years to serve as an officer. In any case they get time scale promotion till the rank of Major (14 years to become a Major).
All these doubts hopefully will be cleared once PCDA(Pensions) Prayagraj gives out the Circular on NFFU to Armed Forces Officers.
*AMC Officers* are not likely to get NFFU as any Lt Col with 22 years of service gets pay and pension of DGAFMS. Even Central Govt Civilian doctors do not get NFFU.
*Three Cheers to Col Mukul Dev, the Single Man Army*. All credit for this achievement goes to Col Mukul Dev, the lone warrior. T SEWA offered him financial support but he politely refused to accept stating God has given him enough money to fight the case till he wins in Hon'ble Supreme Court.
*Likely Arrears of NFFU to Various Ranks of Officers*. The Hindu said Lt Cols can hope to get arrears of Rs 14 lakhs. I checked if my understanding of two stage upgradation of pay of Lt Cols with 33 years of service to Brigadier, his arrears from 23 Dec 2013 (three years before delivery of judgment of AFT, PB, New Delhi on 23 Dec 2016 ) to Jun 2024 with DR @ 50% comes to Rs 12,79,561.
The Hindu said the Colonels with 33 years of service can hope to get arrears of Rs 8 lakhs. My calculation say he is likely to get arrears of Rs 7,41,328.
The other ranks are likely to get arrears as under:-
1. Major 33 years of service to Colonel : Rs 48,72,436. This is because there is vast difference in the pension of Major and Colonel.
2. Brigadier with 33 years of service to Lt Gen HAG + : Rs 6,21,730.3. Maj Gen with 33 years of service to Lt Gen HAG+ : Rs 5,94,825.