IV Pay Commission Rank Pay Anomaly Case
In the case of Maj AK Dhanapalan Vs Union of India in OP 2448/96, The Hon’ble High Court of Kerela allowed the plea of the officer and held that the deduction of the rank pay was not correct and directed to re fix the basic pay of the officer from 1.1.1986. Appeal filed by the Union of India before the larger bench of the High Court & SLP in the Hon’ble Supreme Court against the judgment was dismissed. Although Govt sanction to pay arrears to Maj AK Dhanapalan were issued, the benefit was not extended to similarly placed officers of the three Services.
Similar cases were filed by a large number of officers in various courts throughout the country. The Supreme Court of India directed that such of the cases be transferred to the apex court. Retired Defence Officers Association (RDOA) has been able to transfer one of the ‘lead cases’ from Kerela to the Supreme Court.
AS ON 07 DEC 2013
The Hon'ble Supreme Court has issued 'Contempt Notice' to the Contemnors on 27 Nov 13, asking them to appear in person on 13 Feb 2014 at 1030h in the Court and on subsequent hearings till finalisation of case. HEREIN FAIL NOT. Details available on rdoaindia.blogspot.com
AS ON 19 NOV 13.
The contempt petition filed by RDOA in the rank pay case was heard today in Court no 3(Justice RM Lodha). The Court ordered that Contempt Notice be served to the contemnors. Next hearing will be intimated in due course.
AS ON 12 NOV 13
The contempt petition hearing was scheduled for 15 Nov 13 in Court no 3, Item no 32 but due to 15 Nov 13 being declared as holiday on account of 'Muharram' the hearing has been rescheduled for 19 Nov 13. Readers are requested to also see BlogSpot of rdoaindia.blogspot.com for all updates and other happenings.
AS ON 23 SEPT 2013
The Contempt Petition in the IV CPC Rank Pay Case came up for hearing today. RDOA requested for adjournment by one week due to non availability of Senior Advocate which was accepted by the Hon'ble Court. The next date of hearing would be intimated when known.
AS ON 31 JULY 2013
This day 31 July 2013, RDOA has filed 'CONTEMPT PETITION' in the Hon'ble Supreme Court of India in the IV CPC Rank Pay Case in which RDOA is the Principal Litigant in addition to NK Nair &Others against the Union of India.
The Contemnors ( Defence Secretary, Secretary Defence Finance, Secretary Expenditure (MoF) and Controller General of Defence Accounts (CGDA)) have been charged for disobeying the orders of the Hon'ble Supreme Court and Not implementing the HSC orders of 08 March 2010 and that of 04 Sept 2012.
For details as News Item see under link News/info
AS ON 07 JUN 2013
Live telecast of IV CPC Rank Pay Case on 'Headlines Today' between 1900 to 2100 hrs today ie 07 Jun 2013 depending upon availability of slot.
Info all concerned
AS ON 28 MAY 2013
COSC REMINDS RAKSHA MANTRI
It is learnt that the Chairman Chiefs of Staff Committee (COSC) Air Chief Marshal NAK Browne, has written to the Raksha Mantri (RM) drawing his attention to the unresolved infirmities, which he had pointed out in his previous letter of 18 Jan 13, becoming a ‘cause of concern’ in the non implementation of the Supreme Court verdict of 04 Sept 2012 in the IV CPC Rank Pay Case inspite of the extension of time limit given by the apex court till 31 May 13, and the serving of ‘Contempt Notice’ by the Retired Defence Officers Association (RDOA) (litigants) to the Defence Secretary and others involved in the case leading to unnecessary further litigation and discontentment in the payment of arrears to the veterans. He has requested the intervention of RM for resolution of the anomalies created due to wrong interpretation of the Hon’ble Supreme Court order.
AS ON 06 May 2013
Serving of Legal Notice
As a prelude to ‘Contempt action’ proceedings, RDOA has served legal notice through its advocates to the Defence Secretary, Secretary Def Finance, Secretary Expenditure (MoF) and CGDA to comply with the Hon’ble Supreme Court judgment dated 04 Sept 12 in letter and spirit by 31 May 13 failing which they all will be susceptible / liable to contempt of HSC court order.
Since CDAO Pune and CDA Pension come under CGDA no separate notice has been given to them.
This for info of all concerned.
AS ON 18 Mar 2013
Extract of letter received from Chairman Chiefs of Staff Committeee on the Implementation of Supreme Court judgment of 04 Sept 12 in the IV CPC Rank Pay Case in response to obsns raised by RDOA
1. Please refer your letter dated 21 Jan 13.
2. The implementation order to comply with Hon'ble Supreme Court verdict dated 04 Sep 12, upholding Kerala High Court Order in the case of Maj Dhanapalan (Retd), has been issued vide MoD ID No 34(6)2012-0 (PayJ Services) dated 27 Dec 12. Services HQ are in the process of implementing the order of MoD inspite of having serious observations on the provisions of the letter.
3. MoD orders for implementation of the court verdict meet only partially the aspirations and the expectations of the affected officers and fall much short of complying with the judicial verdict in letter and spirit. As Chairman, COSC, I have taken up specific issues with Hon'ble RM vide my DO dated 18 Jan 13 which are detailed hereunder :-
(a) The MoD order has restricted the benefit by making the court order effective for those officers who held the rank of Fit Lt and equivalent as on 1.1.86 instead of stating with effect from 1.1.86, despite the court order using this term. This effectively means that officers promoted to the rank of Fit Lt and equivalent after 01 Jan 86 will not be covered by this order.
(b) The integrated Pay Scale of IV CPC and the minimum pay for each rank (Paras 3(a) (i) and 6(a) of SAFI 1/S/87) respectieely have not been amended. This in effect means that there would be two types of pay scales for the same rank/service seniority in the currency of 4th CPC.
(c) The Basic pay ceiling prescribed by the 4th CPC scale, i.e ~ 5100, has not been amended. This has resulted in denial of fixation benefit (i.e 20% of pre-revised pay) for officers holding the rank of Brig and equivalent as on 1.1.86 thus occasioning a legitimate default.
(d) The MoD orders have not amended the pay fixation formula of 5th CPC which also envisaged deduction of Rank Pay in pay fixation, thus it restricts the ripple effect of the court verdict which is integral to the said verdict.
4. Services HQ are constantly in touch with MoD. The Services reps have held a series of meetings to discuss the issues raised by me with officials of MoD on 30 Jan and 15 & 22 Feb 13. The Armed Forces, in these meetings have explained in detail all the major inconsistencies in this case. The MoD has been found to be positively inclined and have supported the views of the Services. A detailed case on the infirmities and anomalies arising out of the ibid implementation order along with a few live examples of actual fixation and problems arising thereof, have also been submitted to MoD on 31 Jan 13. MoD in turn has asked CGDA, MoD (Fin), MoF and LA (Def) to offer comments on the issues that have been highlighted. The latest meeting on the subject was held on 06 Mar 13 chaired by AS (A) In the meeting MoD appeared inclined to accept the Services view on the shortcomings in the Govt letter. Accordingly a detailed note to be signed by JS (6) is being prepared for seeking views of Solicitor General. Further a committee is also being set up to crystalise the problem definition and the views of the stakeholders.
5. I wish to re-assure you that the Services are completely seized of the matter and are following up the issue regularly. I am confident that the MoD will take necessary action on the subject and issue suitable amendments in the Govt letter to ensure immediate and correct implementation of the Judgment in its letter and spirit. I'
AS ON 11 Mar 2013
It is intimated that the application of UOI seeking extension of time limit for implementing HSC order of 04 Sept 12 by another 12 weeks was heard in the Court of Justice RM Lodha today. The SG informed the court that as on date 11000 officers both serving and retired have been paid the arrears. UOI sought more time till 31 Mar 13 to complete the process. The Court was however Magnanimous and granted extension till 31 May 13. The Court also ordered that all beneficiaries both serving and retired must be paid their dues by that date and no further extension would be given.
Gp Capt KS Bhati appearing for RDOA and others apprised the Court that the HSC order was not being implemented in letter and spirit and that anomalies were being further created. Since the hearing was on the application filed by UOI, the matter rested there.
AS ON 19 Feb 2013
Arrears to Retired Officers: IV CPC Rank Pay Case
CDAO Pune has started remitting arrears of IV CPC Rank Pay case to the retired officers to their bankers. Arrears range from Rs38000/- to Rs1.70lacs. Basis of calculation is not known. As such officers are requested to write/email to cdao pune to fwd the individual work sheet to them as to how the figure has been arrived at. Copy of same be also sent to RDOA for scrutiny.
The methodology of calculation as has been put on their website: pcdaopune.gov.in; is questionable as it appears point to point fixation without change of basic pay which would apparently change once the deducted rank pay is restored. This method of calculation which is incorrect has already been projected to MoD for corrective action.
AS ON 06 Feb 2013
Arrears credited to serving officers: IV CPC Rank Pay Case
Serving officers who were holding the rank of Capt to Brig as on 1/1/86 have received the arrears on account of the IV CPC Rank pay case. Amount credited varies from Rs 46000/- to Rs 120000/- depending upon the rank held. Modality of calculation can only be known once the officers receive the work sheet of the due/paid statement which would be sent by CDAO Pune on their email ids.
RDOA has filed RTI to know
1. How many serving officers have been paid in the rank of Capt to Brig.
2. How have the calculations been done. Provide details for worked out amount for each rank from Capt to Brig.
Solicitor General who argued the case for the UOI Mr Nariman has since resigned.
More info as and when known!!
AS ON 24 Jan 2013
FOR INFO OF ALL OFFICERS
Retired Defence Officers Association (RDOA) has been instrumental in securing favourable judgment in the now famous IV CPC Rank Pay Case as the Main Litigant from the Hon’ble Supreme Court of India.
MoD vide its letter of 27 Dec 2012 has issued Implementation Instructions in compliance of the Hon’ble Supreme Court order of 04 Sept 2012. This letter falls short of the Supreme Court directive and does not meet the spirit of the judgment.
RDOA has taken up the issue with MoD /Raksha Mantri to either withdraw the letter or issue amendments in keeping with the Supreme Court judgment and ‘to refix pay of officers without deduction of rank pay from 01/01/1986 and not as on 1/1/86’ spread across IV/V/VI CPC and payment of arrears to affected offrs (Pre 1986/As on 1/1/86/Post 1986) with same principle applying to V CPC (1996) and VI CPC (2006) thereof.
Offrs / affected NOK are requested to send the requisite details to CDA (O), Golibar Maidan Pune if not already done as asked for. In case of Airforce/Navy offrs their respective CDA will be doing the needful.
There are officers who in their individual capacity or on behalf of their org have been seeking audience with the RM on the Rank Pay case with what interest or to score a brownee is not understandable /questionable.
The IV CPC Rank Pay Case has been handled exclusively by RDOA from its start to the present state of implementation. Nobody else knows this case more than RDOA and its core group. Any Track II diplomacy/projection of this case/attempt to discuss would put all the effort undertaken in jeopardy. RDOA is the main litigant and reserves the right to take it to its logical conclusion. RDOA has its legal team to take appropriate advice to deal with the case.
Till such time the MoD issues clarification/case reaches finality, offrs are requested not to communicate with MoD / CDA /talk/discuss this case with any of the Govt functionaries / political appointees. Your cooperation is solicited and let RDOA handle the case in consultation with their legal team.
For any queries you may contact The President /Secretary RDOA.
AS ON 07 JAN 2013
All Retired Officers are requested to fwd details to CDA(O) Pune as asked for in their website http://pcdaopune.gov.in
AS ON 29 Dec 2012
BUBBLE BURSTS: ARMED FORCES / VETERANS HARMED AGAIN
The relief given by the Hon.ble Supreme Court vide its order of 04 Sept 2012 in the famous IV CPC Rank Pay Case seems to have been undone by the MoD in its implementation order of 27 Dec 2012. A disappointing closing to the year 2012. The seven page order is yet to sink in but exhibits the We v/s They openly.
Salient and relevant paras / extracts follow:
Para 6. The sanction of the Govt is hereby communicated to modify the provisions contained in para 6 (a) (ii) of SAI of 26/5/87, and corresponding instrs in case of Navy and Air Force bearing no 1/S/87 dt 11/6/87 and 26/5/87 resp, in so far as it relates to deduction of Rank Pay, which has been reproduced in para 1 above, and to refix the initial pay of the concerned officers of the Army, Navy, and Air Force in the revised scale (integrated scale) as on 1/1/86 as per para 6 of those instrs without deduction of Rank Pay appropriate to the rank held by the officer on 1/1/86 from the amount as worked out under para 6 (a)(i) thereof.
Para 7. Except to the extent of modification of the provision contained in para 6 (a)(ii) of the aforesaid Army Instrs and corres…………….., relating to deduction of Rank Pay in terms of these orders,….in all other aspects there shall be no change in the provisions of the aforesaid SAI/NAI……
Para 8. …..It is clarified there shall be no change in respect of SAI’s for implementation of the recommendations of the V, VI CPC resp, except to the extent of the need for refixation of pay as on 1/1/96 and 1/1/2006, necessitated due to refixation of pay as on 1/1/86 in terms of these orders.
Para 9. DA, Interim Relief, Dearness Pay, and NPA in respect of AMC/ADC/RVC officers will be revised.
Para 10. Pensionary benefits due to the refixation of pay as above, if any, will be admissible as per rules on the subject. Fresh LPC cum Data Sheet for this purpose will be issued. PPO revising the pension will be issued to all the concerned.
Para 11. As directed………..interest @ 6% per annum on the arrears will be paid with effect from 1/1/2006.
Para 12. Undertaking as per Appx A in case of excess payment by offrs.
Para 15…….The payment will be made directly by PCDAO/AFCAO/Naval Pay Office.
Sd/- Praveen Kumar Director (AG.1)
AS ON 21 Dec 2012
This update is to counter the views expressed by many on the blog for the benefit of all. Let us be positive. Where we have waited for so long we can wait for little time more. Implementation of the SC order is the commitment made by the UOI in their application.
1 Whatever is happening is for the good of all and should be taken as a ‘Blessing in disguise’
2. Consequent to the application filed by UOI seeking additional time of 12 weeks to implement the SC order, let us wait for till the court reopens in Jan after the winter vacation. Whether the court gives extension or not or imposes further penalty will only be known when the application is listed for hearing. Will the court agree for full 12 weeks extension is also a Q mark? Till that time it’s only speculation.
3. There is no doubt in RDOA’s mind that the arrears will be worked out through IV/V/VI CPC for all as on 1/1/86, 1/1/96,1/1/2006.
4. Pension will have to be revised for all starting from pre 86 through 96 to 2006 ie IV/V/VI CPC. For that the CDAO will have to prepare fresh LPC for all and fwd to CDA(Pen) for payment action.
5.Those who got promoted after 1/1/86, 1/1/96, 1/1/2006 are also affected as the basic pay will change. Eg offr promoted Capt after 1/1/86 would have got Rs2800/- as basic pay. With restoration of deducted amt of rank pay he will have to be refixed at Rs 3000/- plus Rs 200/- as rank pay and DA as admissible. There is no doubt on this. Same holds good for Maj/Lt Col/Col/Brig.
6. Let CDAO/CDAP/AFCAO/CDA (Navy) do their job of creating/updating their records. For once the database of all offrs incl widows would get created/updated so there would be no lapses in future to crediting arrears/pensions. Even Corr PPOs for all will have to be regenerated.If they are asking for info let us provide them. It is for our own good.
7. Service HQs have already fwd the Draft Govt Letter (DGL) long back. Refixation of pay also has repercussions on status of Armed Forces officers which is belly aching the ‘They’ lobby. Sputniks are active.
8. Mind you, all that needs to be done for implementing the SC order is on affidavit and not honouring it amounts to giving false affidavit which can have serious implications. There is no option but to implement SC order in true letter and spirit.
9. Let us wait for further developments.
AS ON 26 Nov 2012
GOI & MoD have issued two letters for compling with the Supreme Court order.
Modalities for payment are being worked out for which seperate letter will be issued.
TRIPAS has been asked to fwd DGL immediately. Details of letter given
"In compliance of the Supreme Court order dated 4/9/12, I am directed to convey that GOI has decided to refix the pay without deduction of rank pay wef 1/1/86 in respect of the affected officers of the armed forces in conformity with the orders of the Kerela High Court order dated 5/10//1998"
" Instructions regarding the modalities and methodology of payment to the affected officers of the armed forces and the provisioning of funds for the same are being issued seperately in consultation with Service Hqs, CGDA, Def (Fin) & MoF"
" TRIPAS is requested to prepare DGL and submit to MoD immediately"
Happenning's between 04 Sept to 19 Nov 2012
After the court order following activities have taken place to implement the court order.
1.The file was cleard from the Law Ministry to implement court order. I guess there was no other option.
2. Clearance was taken by MoD from Raksha Mantri on file for implementing Court order.
3. MoD has asked Service HQs to fwd draft Implementation order which I believe has been done.
4. In the mean time MP5 has put a format on the indian army website for filling by offrs as data not held by them.
5. CDAO is also gearing up to implement the court order once instrs recd from MoD.
6. As on date MoD has not yet issued the orders.
7. RDOA is all set to file contempt notice.
8. More as and when it happens. Request also see blogspot : rdoaindia.blogspot.com
SUPREME COURT DATED 04 SEPT 2012: IV CPC RANK PAY CASE
O R D E R
I.A. No. 9 in T.P. (C) No. 56 of 2007:
We have heard Mr. R.F. Nariman, learned Solicitor General
of India and Mr. Mahabir Singh, learned
senior counsel for the respondents.
2. On thoughtful consideration of the entire matter, we are
satisfied that the order dated March 8, 2010 does not require any
modification or variation save and except the interest part.
3. As regards interest, on totality of the circumstances
including the circumstance that Special Leave Petition arising from
the judgment dated July 4, 2003 in the matter of Major A.K. Dhanapalan
was dismissed by this Court in August, 2005 and the Kerala High Court
had not ordered payment of interest on the arrears of pay, we direct
that the interest shall be paid by the petitioners to the respondents
@ 6% p.a. from January 1, 2006 instead of January 1, 1986. It is
clarified that this order shall govern all similarly situated
officers who have not approached the court and also those who have
filed Writ Petitions which are pending before various High
Courts/Armed Forces Tribunal.
4. We record and accept the statement of the learned
Solicitor General that arrears of pay with interest, as directed
above, shall be paid to the
concerned officers expeditiously and positively within twelve weeks
5. I.A. No. 9 of 2010 stands disposed of accordingly.
W.P. (C) Nos. 268/2010, 192/2012, and I.A. No. 1 of 2011 in W.P. (C)
34/2009 and T.C. (C) Nos. 11/2010, 14-19/2010, 31/2010, 32/2010,
33/2010 and 35/2010:
The above matters and pending I.As. therein, if any, stand
disposed of in terms of the above order passed in I.A. No. 9 of 2010
in T.P. (C) No. 56 of 2007.
AS ON 04 SEPT 2012
The IV CPC Rank Pay Case was finally heard today ie 04 Sept 2012, in Court no 7, in the court of Hon’ble Justices RM Lodha, TS Thakur and Anil S Dave. The appeal file by UOI for recall of order of the Hon’ble Court dated 08 March 2010 was dismissed by the Court. The court upheld its order of 08 Mar 2010. The Solicitor General spent marathon four hrs to convince the court about the legitimate deduction of the rank pay but was not able to justify the deduction of rank pay and as to fitment of pay of AF officer vis a vis a civilian offr drawing same basic pay as on 1/1/1986.
The said order will be applicable to all affected offrs of the AF wef 01/01/1986 to 01/01/2006 across board. It would also be applicable to all pending cases in various courts and AFT’s across the country on the subject case.
The interest will be applicable @ 6% wef 01/01/2006 and not 1986. This is the only change made by the court. The court has also directed that all arrears should be paid within outer limit of 3 months from today ie 04 Sept 2012.
So, the pay and pension of all affected officers of the AF are set to revise from 01/01/1986.
Finally Three Cheers!! SATYAMEV JAYATE
AS ON 27 Apr 2012
The next date of hearing has been scheduled for 04 Sept 2012 as per court order of the day.
AS ON 26 APR 2012
The case was listed today in apex court no 7 at item no 2. As usual the Solicitor General (SG) was on his legs. In juducial parlance it means that he is on another case in another court hence not available. The UOI asked for a pass over/or next week. The court said it can be only listed after vacation (May/Jun). RDOA requested for as soon as the courts open after vacation in July to which the court replied that they are already heavily loaded. Earliest can be September, so be it.!!! Let me assure you that there is no helplessness /anger / depression or frustration. It only makes your resolve more stronger. Greater nuisance value lies ahead when the court orders implementation of its order of 08 Mar 2010. RDOA is prepared for all including 'contempt of court'.
"If Mahatma Gandhi would have got depressed / shown helplessness India would never have got freedom"
We wait for September.
AS ON 27 Mar 2012
The case came up for hearing today ie 27 Mar 12 at item no 8 in court no 8.
The Solicitor General (SG) was not available for next two days (27 & 28 Mar12) due to personal reasons. UOI asked for fresh date. The court obliged. Next listing after three weeks.
AS ON 22 Mar 2012
GOOGLY BY COURT !? Further to post of 21 Mar 2012 on the ibid case. The Court No 8 did not 'SIT' today ie 22 Mar 2012. In all probability another date will be given which will be posted on the blog once known. In the meantime u can start counting ur pennies @6% interest.
'But patience to prevent the murmur soon replies' John Milton
AS ON 21 Mar 2012
The case was listed at item no 7 in court no 8 in the apex court for 21 Mar 2012.
Item no 1 took the complete day and finished at 1530hrs. Item no 2 case took two weeks adjournment.Some discussion took place on case at item no 3 and then the case was adjourned for three weeks. Remaining cases have been rescheduled for 22 Mar 2012. We are hopeful the case will be heard on 22 Mar 12.
AS ON 18 Jan 2012
Though the case was listed for 18 Jan 2012 in Court no 9, in the Hon'ble Supreme Court, it did not get chance to come up for hearing. Reason: The case which was partially heard yesterday was contd today and took up the whole day for arguments. At the end of the day all cases which were scheduled for 18 Jan 2012 were given fresh date of 21 mar 2012.
Not to be disheartened. Another date!The interest clock is ticking!
AS ON 11 Jan 2012
The UOI has suggested another 'spanner' to cause delay in the IV CPC rank pay case.In its affidivit filed the UOI says that the Central Govt is open and willing to constitute an independent commission headed by a retired judge of the Supreme Court to examine the correctness of the implementation of the recommendations by IV CPC related to rank pay as given in para 28.113 of its report and to make recommendations for further improvements to the proceedure for disbursement of pension to retired Armed forces personnel based on Govt orders subsequent to VI CPC recommendations
THIS IS PURE HOGWASH AND ONLY TO DELAY MATTERS. RDOA IS NOT GOING TO BUY THIS LINE OF ACTION.
Further it says:Apart from the enormous financial implications, actual implementation of the Hon'ble Court's order would involve the following stages;
(a) Revision of pay of offrs on 1/1/1986, 1/1/1996, and 1/1/2006 with simultaneous revision of all pay linked allowances/benefits.
(b) Calculation of DA on slab basis from 1/1/1986 to 31/12/1995 is time consuming
(c) Revision of retirement benefits (gratuity, leave encashment)of offrs retiring after 1/1/1986
(d) Revision of pension on 1/1/1986, 1/1/1996, 1/1/2006.
(e) Revision of family pension based on revision of pension of offr
(f) Payments to be made to legal heirs of deceased offrs
(g) Interest @ 6 % per annum for upto 24 yrs in each case will have to be calculated and paid.
This would be a protracted exercise taking a lot of time and involving huge manpower as each case will have to be examined/ calculated individually.
RDOA comment. UOI is responsible for this faux pas and should do the needful and pay the offrs their legitimate dues. The Court should raise the penalty to 18% for causing unnecessary delays in implementing court orders.
Next hearing is due on 18 Jan 2012
AS ON 22 NOV 2011
TARIKH PE TARIKH. AGLI TARIKH THIRD WEEK OF JAN 2012.
Case came up for hearing today 22 Nov 2011 in Court no 10, the Court of Justice RM Lodha & Justice Goakale. The UOI pleaded that the case has been assigned to the Solicitor General (SG) and he only would deal with the case. The SG was not available hence a fresh date be given. The courts would be closed for winter vacation from 15 Dec 11 to 02 Jan 12. First week of Jan earmarked for MISC cases hence case be listed in third week of Jan 2012.
MOTIVATION FACTOR: BAKRE KI MAA KITNE DIN KHAIR MANAYEGI. EK DIN TO HALAL HONA HI HAI.
SO BE IT SO. JAN 2012 NOT FAR AWAY. CHEERS!
AS ON 01 Aug 2011
The case was heard in the court of Justice Aftab Alam and Justice RM Lodha in court no 10 today ie 01 Aug 2011. The UOI was represented by the new Solicitor General Mr Nariman. He put forth his views for 40 -45 mins on the gambit of IV CPC recommendations and the rank pay deduction and its cascading effect on V & VI CPC with the bogey of 1600cr. There were queries from the court on the 'deduction of rank pay and pay fixation' which did not sound convincing. Senior Advocate for RDOA Shri Mahavir Singh drew the attention of the court to the Govt resolution issued after acceptance of the IV CPC report wherin it has been stated that rank pay would be paid in addition to the pay in the integrated scale.The court seemed to be to get to the bottom of the matter that if rank pay was to be given in addition to the pay in the integrated scale, then why the deduction. The court wanted to hear more on the matter. The case has been scheduled in the week beginning 22 Nov 2011.
AS ON 11 July 2011
The case came up for hearing today in the court of Justice Aftab Alam & Justice RM Lodha. In the absence of the Solicitor General, since he has put up his resignation, UOI sought fresh date. However Mr Harish Salve appearing for the RDOA and others explained to the court the wrongful deduction of the rank pay in contravention to the recommendations of the IVCPC. The example given by the UOI in its affadivit as asked by the court was argued threadbare and the wrongful deduction was exposed to the court. The court made a note of the same.The next date of hearing has been scheduled for 01 Aug 2011.
AS ON 11 JUN 2011
This is to remind the readers, lest they have forgotten, that Rank Pay case, being fought by RDOA on behalf of Officers, is to come up for hearing on 11th July. The case was to be heard on 6th May, but UOI made a mention and request that the Solicitor General would not be available on 06 May 2011, as such fresh date be given. Our Senior Advocate had earlier informed the Court that SG was not appearing for the last four to five hearings; Justice Aftab Alam, therefore, told UOI that this be conveyed to the SG and he should be present at the next hearing. The next date was fixed on 11 Jul 2011.
RDOA has analyzed the earlier judgment and have made a summary on how arrears, if case decided in our favour by SC, will be calculated. These are as under:-
Rank Pay plus DA, depending on your Rank as on 1-1-86 till 31Dec 95
Rank Pay plus DA, depending on your Rank as on 1-1-96 till 31Dec 05
Rank Pay will become 50% on retirement
No additional amount is available on promotion in between the two Pay Commissions as that was granted by CDA(O)
Simple interest @6 % will be admissible on arrears, as per earlier Supreme Court ruling
The above is simply put, but will need tremendous follow up and it is here that the RDOA has an even bigger role, by interacting with CDA(O) and CDA(P), who may back track giving non-availability of info as an excuse. Even if AG’s Br intervenes, it will be a long haul for individual officers, whereas RDOA could get the entire authentication done for its members, having all relevant info.
In view of above it may be worthwhile for Officers to become members of RDOA even at this belated stage. Form for membership is att at link ‘how to become member’
AS ON 05 May 2011
The UOI made a mention and request to the Hon'ble Court today ie 05 May 2011, that the Solicitor General would not be available to attend the court on 06 May 2011 and as such a fresh date be given. Our Senior Advocate informed the Court that the SG was not attending since the last four to five hearings. Justice Aftab Alam asked UOI that this be conveyed to the SG and that he should be present at the next hearing. The next date has been fixed as 11 July 2011.
AS ON 25 APR 2011
The case was heard today ie 25 Apr 2011 in the court of Justice Aftab Alam & Justice RM Lodha. The UOI has filed the affidivit as asked by the court. The Solicitor General was not available to present the case as he was busy on another case in the Supreme Court. The case will now be heard on 06 May 2011
AS ON 15 APR 2011
The case had come up for hearing on 13 Apr 2011 in court no 13. UOI requested for more time and has yet not filed the affidivit as asked for by the court. The next date of hearing is scheduled for 25 Apr 2011.
AS ON 09 Mar 2011
The case was heard today in the court of Justice Aftab Alam & Justice RM Lodha. UOI sought further four weeks time to file affadivit as asked by the apex court which was granted. The next date of hearing has been fixed for 13 Apr 2011.
AS ON 24 Feb 2011
The case was heard today in the court of Justice Shri Aftab Alam & Justice Shri RM Lodha. There were partial arguments on the pay fixation as per recommendations of the IV Pay Commission.The court has asked UOI to file an affadivit on the pay fixation of civilian officers drawing the same basic pay as army officers as on 01/01/86 as recommended by the IV Pay Commission. The next date of hearing has been fixed as 08 Mar 2011.
AS ON 05 Jan 2011
The case was heard on 03 Jan 2011 in the court of Justice RM Lodha & Justice Aftab Alam. The court ordered that the case be put up on 24 Feb 2011 for final disposal.
AS ON 06 DEC 2010
The case had come up for hearing today-06 Dec 10. The next date of hearing has been fixed for 03 Jan 2011
AS ON 15 NOV 2010
NOTE ON APPOINTMENT OF ARMED FORCES
GRIEVANCES REDRESSAL COMMISSION AND
PAYMENT OF RANK PAY TO DEFENCE OFFICERS
1. I.A. No. 9 of 2010 in T.P. (Civil) No. 56/2007, an application for modification/ recalling of final order dated 08.03.2010 and re-hearing of the matter, filed by Union of India came up for hearing today on 15.11.2010. The aforesaid T.P. was filed by the Union of India with a prayer to transfer several writ petitions pending in the various High Courts regarding correct fixation of rank pay as recommended by the IVth Pay Commission and accepted by the Central Government, to be effected from 01.01.1986 in respect of the officers of the Armed Forces and finally decided on 08.03.2010 in favour of the officers.
2. The aforesaid I.A. was listed for hearing before the Bench of Hon’ble Justice Markandey Katju and Hon’ble Justice Gyan Sudha Mishra before Court – 6 as Item No. 4 today i.e. 15.11.2010. Some connected matters were also listed. It may be noted that the Hon’ble Supreme Court has already passed final order in the aforesaid matters on 08.03.2010 and directed the Central Government to pay the rank pay to the affected officers w.e.f. 01.01.1986 along with 6% interest. Surprisingly, instead of implementing the aforesaid directions, UOI had filed an application for modification and recalling of the order dated 08.03.2010 and for re-hearing of the matters. The respondents i.e. writ petitioners in the High Court of Kerala and Ex-servicemen organizations namely Retired Defence Officres Association, Disabled War Veterans of India, Naval Chapter and Purva Sainik Prishad were represented by Advocates, Mr. Mahabir Singh, Gp Capt Karan Singh Bhati (Retd.) and Ms Aishwarya Bhati.
3. In the connected matter, W.P. (Civil) No. 291/2010 – “Pushpawanti Versus Union of India” wherein a pension of rs. 80/- p.m. was being paid to the widow of a highly decorated Major, the Hon’ble Court has been pleased to pass detailed directions for the formation of Commission, headed by Hon’ble Mr. Justice Kuldeep Singh, Retired Judge of the Supreme Court, Hon’ble Mr. Justice S.S. Sodhi, Retired Judge of Allahabad High Court, General V.P. Malik, Former Chief of Army Staff and Lt. General Vijay Oberoi (Retd.) and one member i.e. Civil Servant either serving or retired, to be nominated by the Union of India to look into and make recommendations with regard to the grievances of serving and retired Defence personnel like one rank one pay and other disparities and anomalies, without limiting the scope of reference. The matter will continue to be monitored by the Hon’ble Supreme Court.
4. The Hon’ble Court was very clear on the purpose and backdrop of the need for setting up such a Commission to provide an equitable Forum to look into and make recommendations for a fair redressal of grievances of the Men-In-Uniform, who had been at the receiving end of the Governmental/ Bureaucratic Apathy and indifference for years and decades.
5. The Hon’ble Court was extremely moved with instances of pittance being paid as pension to widows of highly decorated officers who laid down their lives for the Nation and years of indifferent and unfair policies leading to officers and men taking extreme steps of returning their gallantry medals and even burning their artificial limbs which were fixed upon loosing natural limbs in war/ action. The Hon’ble Court had specifically expressed its concern and intention on earlier occasions also when these matters were being heard and had directed the Union of India to file an affidavit on these lines, while expressing that the Commission could be formed by the court suo-moto also, however, the intention was to include the Union of India in the decision making process since such high degree of discontentment which was apparent among the personnel of Defence Forces, is not good for the country.
6. The Union of Indian had filed an additional affidavit in the aforesaid T.P. and connected matters, pursuant to the directions of this Hon’ble Court and the entire tone and tanner of the affidavit was to question the final order dated 08.03.2010 passed by the Hon’ble Supreme Court for grant of rank pay with arrears and 6% interest and acting in disregard to the directions of the Hon’ble Supreme Court passed on 08.03.2010 and to somehow impress upon the court that all the grievances of defence personnel were being looked into by the Government. Interestingly, the Union of India, through the affidavit of under Secretary in the Ministry of Defence, only consented to referring the issue of fixation of rank pay to the proposed Commission and expressed its inability to consent to any other terms of reference.
7. During the hearing of the matter today, the Hon’ble Court termed the affidavit of the Union of India as contemptuous and disregarded the same. It was clear that the Hon’ble Court was disturbed with the attitude of the Government when the court pointed out that no law required consent from the Union of India to pass directions with regard to the setting up a Commission. The Hon’ble Court also refused to refer the issue of rank pay fixation to the Commission since it has already been settled in favour of the officers by the order of the Hon’ble Supreme court itself dated 08.03.2010 in T.P. (Civil) No. 56/2007. The Application for modification and recalling the order dated 08.03.2010 has been referred to the Chief Justice of India for placing the same before another Bench.
AS ON 08 NOV 2010
The case came up hearing today in the court of Justice MK Katju. The next date of hearing has been fixed on 15 Nov 10.
Our case was pleaded by Senior Advocate Harish Salve & Senior Advocate Mahavir Singh.
AS ON 18 OCT 2010
The case was heard on 18 Oct 2010 in the court of Justice MK Katju & Justice Thakur.
As of date Justice MK Katju was not inclined to recall /review his order on the petition filed by the UOI. On the contrary Justice MK Katju admonished the Solicitor General on seeking unnecessary extension of time limit and attitude shown by the Govt in resolving anomalies pertaining to pay & allces of the armed forces personnel. He wanted definite inputs from the Govt on the formation of separate pay commission for the armed forces to be headed by a retired judge of the Supreme Court with members from the serving as well as the veterans so that issues/anomalies could be resolved expeditiously.
He gave time limit to the UOI till 08 Nov 10 which has been fixed as the next date of hearing. In all probability the case would be disposed of on that day.
AS ON 11 SEPT 2010
The core group of RDOA consisting of Col VK Anand, Lt Col BK Sharma and Lt Col Satwant Singh met Mrs Sushma Swaraj, leader of the Opposition in the Lok Sabha today ie 11 Sept 2010 at 1230hrs and briefed her on :
OROP: An RTI application was filed by RDOA seeking information as to why it was not feasible to give OROP. Brief containing replies received there to was handed over to her.
Rank Pay Anomaly Case: A synopsis of the case along with the Supreme Court Judgment dated 08 Mar 2010 & Interlocutory Appeal filed by the UOI with a copy of letter written by Shri Nitin Gadkari, National President, Bharatiya Janata Party to the Prime Minister of India dated 06 July 2010 on the Rank Pay case as well as other issues / grievances of Ex Servicemen seeking withdrawl of the application was given to her.
It was also pointed out that on one hand the Law Minister says that the Govt should not be an unnecessary litigant and on the other hand here was a classic case wherein the Govt has gone in for a deliberate litigation denying the officers their legitimate dues.
Mrs Sushma Swaraj assured the core Group that both the cases would be taken up during the coming winter session of Parliament.
AS ON 06 SEPT 2010
A letter has been written to the Raksha Mantri by the President IESL on the subject matter to honour the apex court judgment. Other issues are also covered. To view letter go to attachments and see hppscan3.
AS ON 18 AUG 2010
Short Brief of Case so far.
Vide order dated 8.3.2010, the Hon’ble Supreme Court was pleased to pass final orders in the T.P. (Civil) No. 56 of 2007 and after transferring, the Writ Petitions pending before the High Courts of Kerala, Andhra Pradesh and Allahabad were allowed and W.P. (Civil) Nos. 96 of 2009 and 34 of 2009 pending before the Hon’ble Court were also allowed. The Hon’ble Court also allowed the application for intervention in T.P. (Civil) No. 56 of 2007. After hearing detailed arguments, the Hon’ble Court agreed with the judgment dated 5.10.1998 passed by the learned Single Judge of the Kerala High Court in O.P. No. 2448 of 1996 and the order dated 4.7.2003 passed by the Hon’ble Division Bench of the Kerala High Court in W.A. No. 518 of 1999 and while upholding the aforesaid judgments and reasoning, directed to pay the rank pay to officers of the Armed Forces retrospectively with effect from 1.1.1986 and also directed to pay 6% interest p.a. accordingly.
Against the aforesaid order dated 8.3.2010, Union of India, the Applicant, has filed an interlocutory application (I.A.) for directions seeking modifications/directions/recall of order dated 8.3.2010. As advised by our counsel no such provision exists in the Supreme Court to file an IA. In response to this, the RDOA has filed a detailed and comprehensive counter affidavit in the apex court. As per directions of the court UOI will be given four weeks time to file rejoinder before the case gets listed for disposal.
Off late there have been instances wherein officers who are ill informed about the case have been floating papers / writing to corridors of power / seeking to go to the Supreme Court to vacate the appeal filed by the UOI. Such hasty and half cooked actions will only complicate matters and lead to further delays. RDOA wants to assure all veterans that thorough research has been done on the case before resorting to litigation. Chances of the case floundering are remote, but if people file litigations in their exuberance on the subject matters the case may go on a tangent and result in loss of benefits.
It is therefore requested that all veterans should refrain from writing / going in for litigation on any issue / point related to the IV Pay Commission rank pay anomaly case. Your cooperation is highly solicited. There are no brownie points to be scored.
This mail is being circulated to protect the interests of officers so that they do not fall prey to vested interests out to make a fast buck.
For Brig Kamboj only
It is requested that wide publicity be accorded on your RMS network.
For IESL /IESM/ Naval Foundation / Air Force Association only
It is requested that same be passed on your network / website too.
AS ON 01 Aug 2010
In response to UOI application in SC seeking modification/direction/recall of order dated 08 mar 2010, RDOA has filed a counter affadivit in the SC on 27 July 2010 requesting for rejection of the said application.
UOI will have to file a rejoinder to the CA after which the case will be decided by SC.
AS ON 27 APR 2010
Union of India has moved an application in SC for Directions seeking Modification/Directions/Recall of Order dated 8th March 2010.
P R A Y E R
It is , therefore, most humbly and respectfully prayed that this Hon'ble Court may be pleased to pass the following orders:-
(a) Recall the order dated 8th March 201;.
(b) Upon notice, re-hear all the cases on merits;
(c) Admit Writ petition Nos. ......................................, grant rule nisi and hear
(d) Call for the records of the Writ Petitions filed in the various High
Courts, .......................................... and after the completion of pleadings, hear
the same finally;
(e) Pending further orders on the application grant an ad interim stay of the order
dated 8th March 2010;
(f) Pass such other and further orders as this Hom'ble Court may deem fit and proper
in the facts and circumstances of the present case.
Advocate for the petitioner
Sh Gopal Subramanium
AS ON 17 APR 2010
The core gp of RDOA met the Raksha Mantri Shri AK Antony at his residence on 31 Mar 2010 and handed over a copy of the judgment in the said case for issue of orders/notification. Extract of reply received from the Defence Minister is as given:
Dear Lt Col BK Sharma,
I am in receipt of your letter dated 31 Mar 2010 regarding 4th Pay Commission rank pay anomaly case. I am having the matter looked into.
Shri AK Antony
Dated 08 Apr 2010
Copy of same can be viewed/downloaded
AS ON 08 MAR 2010
The case was heard on 08 Mar 2010 in the court of Justice Katju & Justice RM Lodha (Court No 7). Justice Katju gave the following judgment:
We are in full agreement with the judgment given by the Kerela High Court and stand by the judgment and that it should be extended to all officers. He further gave a relief of 6% interest.
JUDGMENT HAS BEEN UPLOADED ON A SEPERATE PAGE. SEE LEFT MARGIN
AS ON 26 FEB 10
The case was heard on 26 Feb 10 in the court of Justice Katju (Court no 7). Justice Katju expressed his reservation on the case being heard in the apex court and was of the view that it be heard in the Armed Forces Tribunal. The next hearing has been fixed after Holi.
AS ON 04 FEB 2010
The case had come up for hearing on 01Feb 2010 in the court of Justice Katju & Justice RM Lodha (court no 7). The case was 'Tagged' with case no 96/2009 as per the earlier hearing. The case has now been adjourned for three weeks as the advocate of 96/2009 wanted to file additional info relating to the case which was granted by the court.
Info will be updated as and when next hearing takes place.
AS ON 14 JAN 2010
The case 56/2007(Transfer Petition civil) was heard on 04 Jan 10 in the court of Justice MK Katju & Justice RM Lodha (Court no 8). We had hired Sr Advocate U Lalit to represent us. Justice Katju wanted to dismiss the case without hearing us.Our Advocate held his ground that the case can be disposed off only after hearing us. Although Justice Lodha was keen to hear the case, Justice Katju was in no mood. The Govt counsel represented by Addl Attorney General Mr Kaushik then drew the attention of the court to a similar WP 96/2009 to which justice Katju ordered that this case be tagged with 96/2009.
AS ON 23 DEC 2009
The case has been listed for hearing on 04 Jan 2010 in the Hon’ble Supreme Court of India, in the court of Justice Mr Markandey Katju & Justice RM Lodha (Court No 8). Outcome will be intimated in due course.
RDOA WISHES ALL IT'S MEMBERS AND THEIR FAMILIES
A MERRY X'MAS & HAPPY NEW YEAR
As on 22 Oct 09
The case was ‘mentioned’ in the court of Chief Justice of India on 22 Oct 2009. The court has passed orders that the case be listed for arguments in Jan 2010.