Wednesday, August 19, 2015

OROP- Are Defense Forces Same Class of Public Servants as Civil Govt or PMF or Police Employees? Are Their Enough Funds?

Following two reasons are being given in media debate for Govt being hesitant on giving OROP to defense forces

1.       If OROP given to armed forces the other civil, paramilitary and police employees will also ask for it. The demand is based on assumption that defense forces are of same class of public servants as civil govt, para military and police employees.

2.       Govt doest have funds to give OROP

Both the above questions are not only being popped up due to vested interests but are also to create deception based on lies. Let me explain the above two issues?

Are defense forces of same class of public servants as civil, para military and police?

Before we come to above question let us ask one question? Are, President, PM, MPs, Judges paid like civil govt servants? No. But why as they are also public servants? Because they have a distinct constitutional identity and are separate class of public servants?
Same is the case with armed forces. Constitutionally they are distinct class of public servants because of following reasons
a.       President wears yet another distinctly separate hat of supreme commander of defense forces.
b.      That is why Armed forces are not part of govt but attached to Govt for administrative reasons only.
c.       Officers of defense forces therefore are commissioned officers and exercise unique absolute powers of command. The concept of command entails exercising sovereign functions of state, judicial powers, powers of magistrate, operational executive powers and administrative powers vested in single person who is in command. Such concept is unique to only military. Civil Govt on other side has different institutions for each of these functions. 
d.      Clause of pleasure of President as mentioned in article 309 to 313 applies in a different manner on soldiers of defense forces than civil govt servants.
e.      Job profile of defense forces is totally different wherein he commits his life to the nation against certain sovereign guarantees and these liabilities even continue after retirement from service. No other civil govt service including PMF and police carry after retirement liabilities. A retired soldier technically can always be recalled for duty any time after his retirement subject to his fitness. That is reason member of defense forces are given title of ranks like Colonel, which they use as prefix to their names till death. A soldier is always a soldier of state till his death. It is his service to the sovereignty of the state.
Profession of soldiering therefore is a commitment for life. Constitution accordingly makes a distinct identity for them.  So if they have a distinct identity and service conditions then they need to be paid accordingly like you pay President, PMs, MPs, Judges etc and surely not like civil govt employee or PMF or police for the reasons as explained above.
That is the reason worldwide military pay and pension fixation is done by separate pay commissions or appropriate bodies. In India the same pay commission does it but it is given a separate terms of reference to maintain distinct identity of military. That is the reason Pay Commission Report contains separate chapter for defense forces.
Defense Forces have been demanding a separate pay commission for themselves to recognize their distinct constitutional identity.
As soldiers serve for life and commit it to the nation, they have been given certain sovereign commitments and one of it is lifelong assured pension as per length of his service and title of rank on the concept of OROP and model of Pay As You Go.
OROP was being given to soldiers and we all under what circumstances it was mischievously dropped. When the mistake was pointed out to Govt assurance was made that it will be restored. Since than soldiers are struggling for OROP.

Govt doesn’t have enough fund.

Is that true when you see the way for votes the public funds are been distributed or the way civil govt employees are being paid. The financial burden of civil pay and pension has risen from 1% of GDP to 2.5% of GDP where in terms of % of GDP soldiers pay and pension has gone down . No authentic figures are available but it is reported to have gown down from .75% of GDP to .35% of GDP. How is that happening if there are no funds?
Can it be said that we will pay all other public servants at will but make soldiers to beg?
Another way of saving funds is cutting corruption in defense procurements and modernizing structure of defense forces ( It is still based on WW II model). Easily 30% of the defense budgets could be saved.  You can pay OROP and also spare funds for national development schemes.

In Nutshell

In nutshell both the arguments as being given to stall restoration of OROP to soldiers doesn’t stand to scrutiny. These questions do not stand to reason. It is pure lack of will on part of poltical leadership or may be a design to keep soldiers helpless and begging which looks to be a strategy to deny OROP to soldiers.



There is need to give justice to soldiers by adopting best practices as followed in world by most democratic nations while paying their professional armies and first step is to give OROP. It shall be followed by constituting a military commission as promised by BJP Govt in their election manifesto. The same commission can then undertake all pay and pension issues separately in addition to issues of resettlement and rehabilitation.

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