The case was heard today ie 15 Nov 2010 in the court of Justice MK Katju.The supreme court passed the following orders:
1. Setting up of a seperate pay commission to look into pay & anomalies of defence forces. Commission to be headed by retired judge,with another as member, Generals Vijay Oberoi and VP Malik as member and one bureaucrat.
2. Delinking the rank pay case from the commission since judgment has already been passed.
3. Refered the case to another bench as refused to recall order
for details refer website;sites,google.com/site/rdoaindia
5 comments:
The update does not clarify as to when the matter would be presented before the Hon'ble Chief Justice and what would be the expected time frame for the disposal by another bench. I suppose we'll have to wait for the case status to be updated on the web site of the Hon'ble Supreme Court of India.
Dear Colonel,
1. Your relentless follow up has fructified. Achievment Of RDOA is worthy of admiration of all Members.
2. It is gratifying to have General VP Malik & Vijay Oberoi as Supreme Court nominated members, in whom the vetarans have full faith.
3. Delinking rank pay case is understood.But how long would it take to implement the order? The real taste of pudding is in eating it!
With warm regards & best compliments
What really was achieved?
Armed Forces Grievance Redressal Commission is a toothless tiger - can entertain grievances on pay and pension and send the same to the Govt/MoD.
2. Govt/MoD may accept or may not accept.
3. Then the officer (retired/serving) goes to High Court or Supreme Court or AFT for justice?
4. Rank Pay - case referred to CJI for new Bench minus Justice Katju;which is in effect fresh hearings which is what the UoI in its Review Petition asked for.
So status quo ante!
The web site of the Hon'ble Supreme Court has updated the case status. The case, TP (civil) 56/2007, is now listed for hearing on 06 December 2010.
a pessimistic view would be that the new commission is to take care of employment of two judges (notice the pay accommodation office etc in the order) , also for rank pay issue after winning all rounds the service men are back to square(1+ x) where x is the unknown and indeterminate based on past experiences.
Optimistic view is the Chief Justice will think and refuse a second bench allotment to the case and pass an order that no more wasting time and the govt should implement the orders
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