How Colonels and Brigadiers ended up with higher Pay and Pension than Generals

All ranks in the Defence Forces up to the rank of Brigadiers and equivalents, got a pay and pension boost in the form of Military Service Pay (MSP) in the 6^th Central Pay Commission (CPC). Generals and equivalent in the three Services did not get any MSP. This created a situation where the Generals ended up drawing lower pay and pension than senior Brigadiers and Colonels. This glaring anomaly was identified and submitted but never resolved.  

The 7^th CPC dealt another blow, this time to Lieutenant Colonels, Colonels, Brigadiers and some senior JCOs/OR whose pay was artificially capped in the new Pay Matrix. Ironically, when the Colonels & Brigadiers got a pay hike up to Rs 20,000 later (after the government resolution in 2017), it further exacerbated the pay and pension inequity for Generals. A simple solution to this problem within existing Government rules was submitted but orders were never issued.

It is only in September 2024 that the pension of officers of the rank of Major General, Lieutenant General, VCOAS/Army Commanders and equivalent in the three Services was increased and went up to Rs 1,16,550, resolving the problem of Brigadiers and Colonels getting higher pension than Generals. At this juncture, it will be worthwhile to recount how this problem played out, especially after the turning point in the year 2016.

Background

In the run- up to the 7th CPC, the three Services after extensive research and debate submitted a very well rounded, unanimous Joint Services Memorandum (JSM) on Pay, Allowance and Pension duly signed by the Chiefs of Staff Committee (CoSC). This was followed up by a number of briefings to the Chairman 7th CPC for more than a year, beginning April 2014. He was also taken to various tri-service establishments from high altitude areas to A & N islands to interact with all ranks and gain first-hand experience of the hardships faced by soldiers. Although the attitude of Chairman 7th CPC towards the Services appeared jarring many times, the Services were optimistic of resolving long standing anomalies, based on their solid, well researched submissions.

Unlike earlier Pay Commissions, the 7th Central Pay Commission submitted its report well before time in Nov 2015. The new pay scales were sought to be implemented from 01 Jan 2016. All Central Government Departments got busy scanning the report to see what it had for them. The first realization was a below average increment of 14.29% for computing new Basic Pay (after merging previous BP and DA). Earlier Pay Commissions had given a more substantive increment. The award also changed the system from the four Pay Bands of 6th CPC to a new Matrix system. The erstwhile Grade Pays became Levels or Columns of the new Matrix system while stages (rows) of the matrix denoted the number of years of service in a particular rank or Level (Grade Pay). The new pay figures were pre-fitted in this matrix, with each succeeding row (for a particular Level) pencilling in an increase of 3% (same annual increment as earlier), duly rounded off to a higher figure. Prima facie, this appeared a visible improvement as each Central Government employee could himself / herself verify the pay fixation by the Pay Office.

The disagreement between the Chairman 7th CPC and its only member (ex IAS), as far as critical features like continuation of NFU granted by 6th CPC, was evident from the text of the report. The largesse towards the IPS officers was also clear. The IPS were granted two additional pay increments for promotion to three ranks (total six additional increments). The unstated intent, clearly, was to bridge the gap between IPS and IAS while the Indian Forest Service benefitted automatically being the third All India Service. There were some benefits for other civil services also but surprisingly, the 7th CPC report was silent on the JSM proposals submitted by the Services.

The Defence Services also discovered to their surprise that Civil Pay Matrix (CPM) was not applicable to defence personnel and a separate Defence Pay Matrix (DPM) had been awarded. On preliminary examination, everything in the DPM appeared the same as CPM. It had the same Index of Rationalisation for different Levels, the same annual increment, the same Levels (with two additional columns, for Captains and Lieutenant Colonels, i.e. 10 B, and 12A respectively, who were granted unique Grade Pays by 6th CPC, different to civilians).  But was the requirement of these two additional Levels/ Columns sufficient reason for delinking defence pay structure from CPM? After all, these additional columns could have been inserted into CPM itself without causing any confusion.

The intent became evident when one looked at the number of stages (rows) in the matrix. For the JCOs/OR, the number of rows in the DPM were restricted to 24 i.e. for the top of scale for a rank, the number of annual increments was restricted to 24. On the other hand, the CPM had 40 rows. i.e. 40 increments for corresponding levels. For defence officers also, this anomaly of lower number of rows was repeated in the DPM, leading to lower top of scale for three ranks as compared to their civilian counterparts. The anomaly is summarized for these three officer ranks in the table below.

There was no reason specified in the 7th CPC report for abruptly abridging the stages (rows) of the DPM for all ranks. For JCOs /OR and equivalents there were only 24 rows in the DPM. This meant capping the salary for the few who serve till the age of 54 / 55 / 57 (Army/Navy/Air Force) in the last few years of their service and stagnation which was done away in earlier Pay Commission.  The 7th CPC increased the MSP of JCOs/OR to Rs 5200 pm and Officers to Rs 15500, in consonance with the multiplication factor of 2.57 applied to pay and allowances of all Central Government employees. If one looks at the column “Loss in DPM” in the above table, it emerges that what was given to defence personnel as compensation for unique military hardships by the 6th CPC, in the form of MSP, more than that was sought to be withdrawn by 7th CPC through the separate DPM mechanism. There could be no other reason. It was ensured that the gross Pay (Basic Pay plus MSP) on top of the scale for all ranks, from the Sepoy to a Brigadiers, will always be lower than Basic Pay of his civilian counterpart. The Generals (Major Generals and Lieutenant Generals), as it is got no MSP and their top of scale was always equal / a tad lower than their civilian counterparts i.e. Joint Secretary/ Additional Secretary/ Secretary to Government of India.

The Defence Forces realised that the adverse effect of this unfair practice could be best negated by entirely doing away with the DPM and making CPM applicable to defence personnel also, with a few additional columns for specific ranks / Grade Pays / Levels in the forces. This was not difficult. Hence a new proposed CPM matrix, incorporating just two additional columns, was formulated and submitted to MoD for sanction, along with the case for removing other major anomalies. Briefings and presentations were given to the Raksha Mantri and top bureaucrats, including Cabinet Secretary. Nobody had an answer as to what was the need for a separate DPM and why the rows in it were lesser than the CPM. Meanwhile the Government resolution promulgated in July 2016 just reproduced the Pay Matrices recommended in 7th CPC report and the anomalies were not resolved.

The degradation in pay and perceived loss of status as compared to civilians, led to serious consternation and dissatisfaction amongst the defence personnel. Frantic all-round efforts were made to get the anomaly rectified but to no avail.  The CoSC wrote to the Defence Minister that the Pay award should be held in abeyance till the major anomalies were resolved. Ultimately, the Government took note of the unprecedented and serious impasse and the CoSC was granted an audience at the PMO for across the table confabulation. The CoSC (CAS and COAS) decided to take the Chairman Army Pay Commission Cell (CAPC), a two star General, with them, on the appointed date.

The Turning Point

The CoSC (CAS and COAS) was ushered in the office of Principal Secretary to PMO and were seated across his large office desk.  They made the CAPC sit in between them, facing the Principal Secretary, as he was to pilot the discussion. It was a rather uncomfortable situation for any two star General but he had no choice. He knew he would get very little time to present the case and discuss the anomalies; hence, he had rehearsed his lines. He started with the major anomaly of the Pay Matrices and the conversation went like this (in brief) –

CAPC:  Sir, in earlier Pay Commission, the pay of civilian and defence personnel was governed by a common Pay Band Structure. But this time, separate Pay Matrix has been awarded to defence personnel. Sir, we did not ask for a separate Pay Matrix and would like the pay of defence personnel to be also governed by the Civilian Pay Matrix, which should be termed a Common Pay Matrix.

Principal Secretary:  (cutting the Army Man short) No, No, we cannot grant you the same Pay Matix.

CAPC: Sir, in that case, many anomalies will arise; we are only striving for pay parity with civilians.

Principal Secretary: (again interrupting rather angrily) Why do you compare yourselves with civilians? You have so many things which civilians don’t have. Should we give the things that you have to the civilians?

(At this point the CAPC understood that the Principal Secretary was referring to the MSP, CSD facilities, Cants etc. so he decided to be bold.)

CAPC: (without looking at the CoSC) Yes Sir, we have no objections; you may grant whatever perks we have to the civilians, no problems. This was earlier conveyed to Chairman 7th CPC also when he posed a similar query to me. Our only request is to be granted parity in pay via a Common Pay Matrix.

Principal Secretary:  No CPM cannot be granted. What’s your problem with DPM?

The CAPC knew that the Principal Secretary had been briefed by the Joint Secretary PMO (whom he had met earlier to debunk his wrong theory on OROP) not to cede to the demand for CPM. Although, the Principal Secretary had firmly rejected the strategy devised by the three Services, yet the CAPC realised that a new opportunity has now manifested itself.

CAPC: (rolling out the CPM and DPM) Sir, please look here, the CPM has 40 rows till column 11 while the DPM has only 24 rows. This implies 16 fewer annual increments of pay to defence personnel.

Principal Secretary: (looking non-plussed and addressing the Joint Secretary) What is the reason?  

Joint Secretary (JS): But the junior ranks in Services, retire much earlier, don’t serve till 60 years of age, hence lesser number of rows.

CAPC:  Sir, JCOs in Navy and AF serve till 55 / 57 years of age, although the numbers may be small.  A soldier can be recruited at 17 years of age and if he serves till 57 years of age, he would have also rendered 40 years of service, just like civilians. So there needs to be no disparity in number of rows, i.e. pay increments between CPM and DPM.

(Principal Secretary and JS are quiet)

Chairman CoSC and CAS: Yes that’s right, we cannot have senior soldiers (JCOs/ NCOs) not getting their annual increment of pay, which is to be given to all.

CAPC: Sir,  please  look  further at the Columns 12 A, 13 and 13 A of the DPM, these columns have been terminated at 18, 16 and 14 rows respectively, much earlier than Columns 13 and 13 A of CPM.

Principal Secretary:   (Addressing the JS) Why do these columns have lesser number of rows?

(The CAPC is sure that the JS, an IIT Kharagpur alumni, is smart enough to understand the unstated intent of 7th CPC but he cannot admit their unfair approach in front of the CoSC)

CAPC: (seeing the JS fumbling for a reply) Sir, it could be an oversight or a typo. Extending the three columns by 2-3 rows in the DPM, to bring it in conformity with CPM, won’t make a difference.

COAS: In all fairness, this needs to be done.

Principal Secretary: (Addressing the JS) Any problems?

(JS again mumbles something)

Principal Secretary:  OK, any other problem in DPM?

CAPC:  Sir, the Lieutenant   Colonels and Colonels, Columns 12A and 13 have to be given higher Index of Rationalization (IoR) of 2.67, instead of existing 2.57, like Column 13 A, both in CPM and DPM.

Principal Secretary:  (peering at the pay matrices) Then we will have to increase IoR of Column 13 of CPM also.

CAPC: Yes Sir, the CPM can also be given higher IOR.

(The JS nods in approval this time)

Principal Secretary: (addressing the JS) All right, please issue instructions to extend the rows of DPM as discussed.

(CAPC exults silently; the pay stagnation issue of JCOs /OR serving beyond 50 years of age, is resolved. He knows that Lieutenant Colonels, Colonels and Brigadiers & equivalent will now have much higher top of pay scale. After adding MSP, it will exceed the pay of Generals, even VCOAS and Army Commander. But this is a happy internal anomaly and will have to be resolved by giving compensatory increase to the Generals, sooner or later, as a junior cannot get higher pay than a senior.)

Principal Secretary:  (addressing the CoSC now) Ok, so your major issue stands resolved.  Other issues can be referred to MoD.

The CoSC thanks the Principal Secretary to PMO and leaves with CAPC in tow.

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Revised Government Resolution

The meeting in PMO office had gone well, despite the not so favourable vibes. However, until the orders for the amendments got promulgated, nothing could be assumed.  Fortunately, the wait was not long and the revised DPM was received soon after. Even the orders for amendment to earlier Gazette notification for Armed Forces were issued after a few months on 22 June 2017. It encompassed the following:-

• The revised DPM, increasing the number of rows, as discussed in PMO office.
• Increase in IoR of Columns 12A and 13 from 2.57 to 2.67. Even the CPM Column 13, benefitted by increasing the IoR to 2.67.
• Pay Matrix of MNS was also revised to reflect higher IoR and remove some errors.

Comparison of top of pay scales of Lieutenant Colonel, Colonel and Brigadiers & equivalents, original DPM and revised DPM is as follows:

The deliberations in PMO that day ended in benefitting many ranks of defence, including MNS as well as civilians.  It was a most satisfying outcome; an increase of approx Rs 20,000 in the pay of Lieutenant Colonels, Colonels and Brigadiers (and consequently pension by half that amount) was definitely a hammer blow in their favour. These officer ranks had really ascended the Pay Summit.  However, it created a fresh anomaly as the pay plus MSP of Lieutenant Colonels, Colonels and Brigadiers on top of their respective scales, far exceeded top pay of Generals till VCOAS / Army Commanders & equivalent. The top of pay scale of a Brigadiers could be Rs 2,17,600 + 15,500, i.e. a total of Rs 2,33,100 which exceeds pay of Apex scale of Rs 2,25,000. This situation of a junior officer getting more pay than senior officer was untenable and violated principles of natural justice. It was reasonable to expect that this anomaly will be rectified sooner than later in a nation governed on the tenets of fair play and equity.

Over the years, the Services have repeatedly realised that the anomalies in their pay and allowance are either not processed at all or moved at a snail’s pace. As a result, their anomalies keep piling, while the case of civilians move in the fast lane.

The Aftermath

The issue of Generals getting lower pay and consequently lower pension was discussed in the tri-Services Pay Remuneration Committee (PARC).  This anomaly could have been straight away resolved by granting MSP to Generals but this was neither done so by the 6th CPC or 7th CPC despite cogent arguments fielded by the three Services. PARC knew very well that granting MSP to Generals will result in them getting higher salary than even Secretary to Government of India which was the real reason why it has not been accepted by the Government since 2008. Thus, an alternate solution of grant of Personal Pay (PP) was devised, as per provisions of Government FR/SR, which are meant to resolve such situations where a junior is getting higher salary than senior. After discussions with MoD (Fin), the proposal of PP for Generals was put up to Principal Personnel Officers Committee (PPOC) and approved by them.

The proposal thereafter was moved on file by PARC for concurrence of MoD (Fin) which was accorded. CAPC then personally took the file by hand to MoD, DoP&T and finally MoF, explaining the solution threadbare to all the officers. Since the solution was as per the existing Government provisions and had paltry financial implications (just about 500 Generals and equivalents being the beneficiaries in the three Services), the proposal was endorsed on file by all. MoF then conveyed that the file has been put up for approval of the Finance Minister (FM). A couple of months later replying to a journalist in a TV interview the FM emphatically stated that the anomaly cannot be allowed to continue and Government will soon resolve it. However, the proposal of grant of PP to Generals never saw the light of the day, perhaps shelved due to opposition from usual quarters.

Legal Recourse

The anomaly of junior getting more pay and pension than a senior was not resolved despite a simple solution, enumerated above, been submitted for approval in 2017. Consequently, a case was filed in the Punjab and Haryana High Court which directed the Government in Feb 2022 to redress the glaring incongruity within a time frame of six months. Since the directions were not implemented, a notice was issued to the Government as to why contempt proceedings should not be initiated.  Thereafter, in partial resolution to the problem, MoD granted pay protection to Major Generals drawing pay less than Brigadiers, in June 2023.  But this came with a rider cap of Rs 2,25,000 imposed on the Generals. Clearly, the MoD was not willing to allow pay of Generals to exceed the pay of Secretary to the Government of India, despite earning the opprobrium of the HC and despite Brigadiers Pay reaching Rs 2,33,100. 

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However, the judgement of Punjab & Haryana High Court now stands implemented in the latest OROP tables issued in Sep 2024 and pension of all Major Generals, Lieutenant Generals, Cs-in-C and equivalent stands upgraded and protected as compared to Brigadiers. The struggle of last several years has fructified and the top pension of Generals is Rs 1,16,550 (corresponding to top pay of Rs 2,33,100 of Brigadiers). This would make it even more difficult for MoD to retain the pay cap of Rs 2,25,000 for Generals. Once this pay cap is removed through the legal recourse or otherwise, the only pay and pension issue left will be to get the pay arrears for all Generals, starting from 6th CPC regime and pension arrears from the date of retirement in 7th CPC regime.

Conclusion

The Pay and Pension of senior NCOs/JCOs, Lieutenant Colonels, Colonels and Brigadiers & equivalents got substantially enhanced, as per their aspirations in 2016. The pension resolution of Generals now achieved is a case of “Justice delayed but not denied”. However, the grant of justice for the Generals is only partial as of now. The irony is that pension has been enhanced without pay being enhanced to corresponding level!!  

Resolution of the problem just requires a one line order of MoD to annul the pay cap of Rs 2,25,000 imposed on General officers. The whole saga is also a tribute to the patience of Generals and equivalent who have silently suffered acute injustice but have never allowed pecuniary benefits to overshadow their sense of duty and responsibility. Meanwhile, Colonels and Brigadiers and their equivalents in the three Services can rejoice, having ascended the Pay and Pension Summit, with nothing more yonder.