System allows a person to get both military, civil pension benefits

ISLAMABAD: What has become scandalous for the NAB Chairman Major (R) Qamar Zaman Chaudhary is true for every ex-serviceman joining civil service- getting pension from army and salary from civil service at the same time. If it is wrong, the wrong is with the system and not with any individual beneficiary. System allows a military officer to get retirement with pensionary benefits, and join the civil service. It means such an officer will draw pension from army and get salary from civil service.

Upon retirement from the civil service, such an individual is entitled for two pensions- one from military and other from the civil government. In case of NAB chairman, he may be getting two pensions and one salary as being NAB head. Giving the impression that such an arrangement is unique for the NAB chairman or he is illegally getting the double benefits- from military and civil- is totally baseless. All inductees into the civil service from military enjoy themselves the same benefits and this is part of the existing system. There are two ways for military officers to join civil service-- by getting inducted on army quota or by passing CSS exam--and the scenario is different for both cases. For getting inducted in civil service on army quota, if the length of service of the officer is less than ten years, he does not get any pension from army however his army service enables him to get salary raises upfront on joining the civil service. If the length of service of officer is more than ten years, he gets army pension as well, and the same is the case with incumbent NAB chairman. Those army officers, who pass CSS exam usually get retirement from army with pension and start the civil service afresh without getting their previous service counted for salary raises or seniority. There are numerous examples of army officers joining the civil service after passing CSS exam and are getting pension from army and salary from the civil government.

The General Headquarters (GHQ) declared in its documents that NAB Chairman Major (R) Qamar Zaman Chaudhry was inducted in the “civil service” in 1982 and was qualified for army pension as his service length in army exceeded 10 years. The Supreme Court has also upheld the decision of pension of army men inducted in the civil service.

A controversy is being generated that the NAB chairman has been drawing pension from army by misdeclaring his status and hiding his government job however, the GHQ itself has been mentioning in its documents that Qamar Zaman was relieved from army because he was inducted in the civil service.

Reference is being given to a Pension Bill- Military Officers form in which every officer has to give an undertaking: “Certified that I am not employed anywhere or I am employed in private concern, but not in receipt of dearness increases from any employer.” Senior bureaucrats and experts on civil service rules explain that this form was made in the 1840 and has never been changed since then and it is not the fault of any officer who fills this form because neither the law forbids anyone from taking two pensions or salaries nor is it unethical. “If filling this form is a crime, all retired officers of Pakistan army have done this, not only NAB chairman NAB, the sources said.

The experts say that the form also mentions that the person shall give undertaking that he has not been taking any remuneration from a local fund and interestingly, the provincial funds were formally called local funds but after the All India Act 1935 the local funds were converted into provincial funds but the pension form still contains the word local fund which was abolished in 1935 by the British Raj.

The sources said that it was not Qamar Zaman Chaudhry alone who had been filling in this form but every army officer who had retired from army and was drawing pension had to fill this form to get pension.An impression is being created as if only the incumbent NAB chairman has been filling this form to draw army pension where he had served 10 years.

The GHQ document dated 13-03-1986 bearing No. O/P/G/9799 sent by the Pension Grant Section of GHQ to the AG’s Branch of GHQ states that Major (R) Qamar Zaman Chaudhry “was inducted in civil service vide government of Pakistan: Cabinet Secretariat, Establishment Division Notification No. 12/1/75-CE-5 dated 01-06-1982 retired from the army w.e.f. 1-6-83 vide GHQ MS Branch Letter No0313/507/MS-IA dated 20-7-82 and was granted LFR w.e.f 1-6-82 to 31-5-83 under the rules. The above named officer was granted compensation pension at the rate of Rs1,119.83 PM for life w.e.f. 1-6-83. The federal government has approved the release/retirement of the undermentioned officers with such pension/gratuity as is admissible under the rules:- Major Iftikhar Ali Shah, Major Nadeem Manzoor, Major Qamar Zaman, Major Agha Mehboob Ali and Major Muhammad Azam.

Nature of Retirement: Compulsory (premature compulsory due to no fault of officers).

Having been inducted in civil service as per terms and conditions reproduced in PAO 4/5/81 and appointed to civil posts vide government of Pakistan Cabinet Secretariat, Establishment Division Notification Nos 12/1/75-CI/E-5 dated 1-06-82 and No 11/5/79-Police-II dated 1-6-82, the officers are released/retired from the army with effect from the dates shown against their names.

Service is approved as satisfactory for the grant of gratuity/pension/special additional pension.

Certified that the officers would have continued to hold their present paid ranks and appointments if they had not proceeded on leave pending release/retirement.

The sources said when the GHQ itself had been mentioning that Qamar Zaman Chaudhry had been inducted in civil service of Pakistan, how the officer could lie or hide this fact. In Indian laws too, some departments that allow reemployment allows the officer to draw pension from the previous government department where he had, the sources said. For instance, Indian Chief Election Commissioner gets pension as well as his salary but the pay-minus-pension formula applies there and the amount of pension he draws is deducted from his salary. The sources said that it is not easy for any government officer to draw pension by mis-representation or mis-declaration and in army it is almost impossible.

“A controversy has been generated without knowing the legal and factual position and the pension form which is being showed on media is a form devised more than hundred and fifty years ago”, said the sources. Till 2013, the NAB chairman was receiving Rs11,312 only as pension from army which is too meager an amount for an officer who has held key posts during his service to make a mis-declaration.

Moreover, The Pension Rules also do not bar a military officer inducted in civil service from drawing military pension. The Pension Rules state: “In the case of Officers of Armed Forces, re-employment should be made on contract in accordance with the instructions contained in the Establishment Division O M No14/5/78-D. III, dated 10-2-1980 in case of civil posts and in the light of orders issued in pursuance of the Establishment Division No14/5/78-D. III dated 11-2-1980 in the case of autonomous bodies. The equivalent civil post should be determined according to the equivalence formula approved by the president. A re-employed government servant would earn increments under normal rules.”

“When a retired military officer of the rank of major/equivalent and above is re-employed under federal government or under an autonomous body in accordance with clause (I) (ii), his pay may be fixed at the minimum of the equivalent grade in which re-employment is made and in addition, full service pension as admissible under the rules will be paid. The pay scale of the post will, for this purpose, be determined with reference to the equivalence formula.”

“Existing retired officers of the armed forces of the rank of major/equivalent and above who were re-employed in civil posts for a specified period may opt either to be governed by their existing terms and conditions or by the revised orders. Where such re-employed officers opt to be governed by the revised orders, they will be brought on the revised terms and conditions with effect from the 23rd December, 1979 on which date the president was pleased to approve the scheme published vide Establishment Division OM No14/5/78- D. II, dated 10-2-1980. From that date, their re-employment would be converted into re-employment on contract on the terms and conditions laid down in the OM of 10-2-1980 for the remaining term of their re-employment or for a period of 3 years, whichever is less. Their pay will be re-fixed at the minimum of the scale of the post held by them w. e. f. 23-12-1979, and if the pay so fixed plus pension is less than pay received by them immediately before 23-12-1979, the difference may be allowed as personal pay to be absorbed in future increase of pay.” The above mentioned order of General Ziaul Haq  was covered in the 8th Amendment as well.