Saturday, July 26, 2014

Update IV CPC Rank Pay Case

Dear All
The case of the IV CPC Rank Pay Case (contempt petition) was heard on 25th July 2014 in the Court of Justice RM Lodha. The ex Solicetor General Mr. F Nariman who had argued the case on 4th Sep 2012 was also sitting as a judge on the bench. RDOA objected to the presence of Mr. Nariman on the bench. Thereafter the court directed that the case be listed in front of some other bench in which Mr. Nariman is not part of. Further developments will be posted on the blogspot as and when they occur.
For any queries please contact Col. B.K. Sharma
Secretary RDOA

Thursday, May 8, 2014

Update:Implementation of OROP as on 08 May 14

The joint wkg gp as ordered by RM met on 08 May 14 to work out the implementation instructions on OROP. As known there is stale mate and dilution in the interpretation of the definition of OROP between the Services HQ and CGDA. Matter has been referred to MoD for resolution.

Seems to be long drawn battle.

Friday, May 2, 2014

SC Rejects Curative Petition

It is informed that a five judge bench of the SC rejected the Curative Petition filed by UOI against pensioners for payment of minimum guaranteed pension with effect from 01/01/2006 which was paid from 24 Sept 2012.

Now all avenues exhausted. UOI has no option but to comply and pay pension wef 01/01/2006.

Wednesday, April 23, 2014

Implementation of OROP: Update

A meeting was held under the ageis of RM on 22 Apr 14 to take stock of the implementation of OROP. After deliberations it was decided to constitute a working Group consisting of reps from Services Side of the level of Maj General which would be represented by the Heads of Pay cells of Army/Navy/Airforce and reps from MoD consisting of the level of Jt Secy from Dept of Ex Serviceman Welfare, MoD, Def Fin and Exp MoF. The modalities of implementation to be submitted by two weeks.


Friday, April 18, 2014

IV CPC Rank Pay Case: Update on Impleadment Application

Reference directions given by the Hon'ble Supreme Court on 31 Mar 2014 to implead the present Defence Secretary and the CGDA in the Contempt Petition; RDOA has filed the Impleadment Application on 17 April 2014. The impleadment application is a detailed application and all issues have been added including a recent development in which CGDA has issued instructions to CDA(AF) to restrict payment of interest to the affected officers till 31 May 13.

Further development on the case will be notified on occurrence.

Sunday, April 6, 2014

IV CPC Rank Pay Contempt Petition: Gist of Rejoinder Affidavit filed by RDOA

For info of officers.

It is respectfully submitted that the contention of the Contemnors stating that this Hon’ble Court order of 04.09.2012 has been complied with in letter and spirit is totally false and misleading and far from the truth. The implementation instruction issued by MoD dated 27.12.2012 in compliance with this Hon’ble Court order of 04.09.2012 is bereft with non compliances. It is pertinent to mention that from the following paras it is absolutely clear that the directions issued by this Hon’ble Court have not been complied with in letter and spirit and even in the admitted case there is no compliance. The non compliances which have arisen due to the implementation instructions issued by MoD are listed below. These have been discussed at length in subsequent paras.

        (a)     Non compliance of this Hon’ble Court order of 04.09.2012 within the stipulated time limit of 31 May 2013. The payment of arrears on account of pension by CDA Pension Allahabad, is yet to start.

        (b)     Restricting payment of interest @ 6% on the arrears admissible on account of refixation of pay and pension beyond 31 May 2013 as orderd by this Hon’ble Court from 01.01.2006.

        (c)     Limiting the scope of this Hon’ble Court order of 04.09.2012 by changing the text of the order ‘with effect from 01.01.1986’ to ‘as on 01.01.1986’ thereby denying the benefits of arrears of pay and pension to those officers who got promoted on any day after 01.01.1986 and those officers who retired before 01.01.1986.

        (d)     Non applicability of the order dated 04.09.2012 of this Hon’ble Court to subsequent V and VI Pay Commission where in also rank pay was deducted at the time of pay fixation and recommendation of pay scales.

        (e)     Non revision of minimum initial pay of each rank after removal of the deduction of rank pay step as directed by this Hon’ble Court in terms of table given at para 6(a)(ii) of SAI 1/S/87 which was also arrived at after deduction of rank pay as applicable to each rank.

        (f)      Non revision of top of integrated scale which was also fixed after deduction of rank pay as admissible to the rank of Brig.

        (g)     Non revision of pension of pre 1986 retirees consequent to refixation of pay as on 01.01.1986 and thereafter on 01.01.1996 and 01.01.2006 after removal of deduction of rank pay step.

        (h)     Non payment of rank pay to Lt Col (TS) on completion of 21 years of service in a substantive capacity.

Monday, March 31, 2014

Update:IV CPC Rank Pay Contempt Petition Case as on 31 Mar 2014

The case came up for hearing today ie 31 Mar 2014 in the Court of Justice RM Lodha.
After hearing the Solicitor General, the Court exempted the Contemnors (Ex Def Secy and present CAG, CGDA since promoted to Def Fin, Ex Secy Def Fin, and ex Secy Expenditure since both retd) from personal appearance.

The Court directed the petitioners (RDOA) to file application for impleadment of present Def Secy and CGDA within two weeks.

Link to court order: Court order of 31 Mar 14