Resolve anomaly of Generals getting lower pay than juniors within six month, HC to Centre

Tribune News Service

Vijay Mohan

Chandigarh, February 14

The Punjab and Haryana High Court has directed the central government to redress the glaring anomaly in pay of military officers wherein officers of the rank of Major General and above were getting a lower pay and pension than officers junior to them in rank.

Observing that it was adversely impacting the morale of the defence services, the bench of Justice Fateh Deep Singh has directed the government to resolve the issue within six months.

According to legal and military sources, there have been instances where even an officer of the rank of Colonel or equivalent is drawing higher pension than a Lieutenant General, which is three ranks higher.

The basis of the anomaly was the addition of the Military Service Pay (MSP) as an element of salary till the rank of Brigadier and equivalent by the Central Pay Commission. Above the rank of Brigadier, the MSP is subsumed and is not included as a separate element in the salary of Major General and equivalent.

Consequently, officers junior in rank to Major General get higher remuneration.

Citing an example, a legal expert dealing with the issue said that while a Lieutenant Colonel, Colonel and Brigadier can get a salary of up to Rs 2,26,200, Rs 2,29,500 and Rs 2,33,100, respectively, after adding MSP, the Vice Chief of the Army Staff, who hold the rank of a senior Lieutenant General, cannot get more than Rs 2,25,000.

“After adding MSP, the pay scales of Lieutenant Colonel to Brigadier exceed those of Major General and Lieutenant General. The pay anomaly further affects the pensions of retirees too,” a lawyer said.

The then Defence Minister, Arun Jaitley, who also held the portfolio of the Finance Minister, had addressed the anomaly but the final orders resolving the issue was not issued by the government because the Ministry of Defence, Ministry of Finance Ministry and the Department of Personnel and Training kept writing letters to each other on the issue, but failed to reach a consensus on the methodology to be adopted.

Experts on the subject said the order shall affect all similarly placed officers and not just the litigants before the High Court. A large number of Major Generals have already moved the Armed Forces Tribunal on a similar issue concerning disparity in the pay of senior and junior officers.

A similar situation had arisen after the implementation of the Fourth and Fifth Pay Commissions, which was ultimately resolved with the intervention of the Punjab and Haryana High Court and the Supreme Court.

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