RETIRED DEFENCE OFFICERS ASSOCIATION

 Registration No . S/57557 of 2007


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OFFICEBEARERS.doc 

Kerala High Court Judgement

Writ Appeal Filed by Union Of India

Special Leave Petition

Pay Fixation by CDA (O) as on 01-01-1986 

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IV PAY COMMISSION PAY FIXATION : FAUX PAS 

 

SYNOPSIS OF CASE

 

Dear brother officer,

 

In accordance with the recommendations of the IV Pay commission, officers of the Army, Navy, &Air Force were granted Rank pay in addition to the basic pay in the integrated pay scale of Rs 2300-100-3900-150-4200-EB-150-5100. CDA(O) while fixing the pay in the integrated scale created a  faux paus’ by deducting ‘rank pay’ from the total emoluments and then doing the pay fixation resulting in huge financial loss to the officers with cumulative effect on pay, DA, Pension, gratuity, commutation etc.

 

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. This is injustice to the affected officers.

 

 Since pay fixation of the IV pay commission was wrong, the consequential pay fixation of V pay commission is also wrong, so also pension, commutation, leave encashment, gratuity, etc.

 

Few retired officers have joined hands to take further legal action against this injustice. In order to deal with the case with the Govt, we need your help, both morally as well as financially. We seek Rs 500/- as joining fees to this association.  We may be required to engage the services of a very senior Advocate at a later stage for which we will approach you later.

 

Like minded affected officers who are willing to join this noble cause are welcome and are requested to email their particulars. For any queries you may contact / email at the address given.

 

Please inform other officers in your circle of influence too.

 

MANY THANKS FOR THE PATIENCE IN READING AND TIME GIVEN.