RETIRED DEFENCE OFFICERS ASSOCIATION (REGD)
President:Col BK Sharma:+91-9871351203,+91-9212252627 Secretary : Col RK Tripathi:+91-9953862585
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Wednesday, January 5, 2011
Update IV Pay Commission Rank Pay Anomaly case
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.
Could you pls clarify whether it is 24 Jan (as per ReportMySignal Blog)or 24 Feb (the next date of hearing) and also whether that date is merely the 'next date' or the 'final date'?
Thanks for your clarification but I must hasten to add here that RDOA may well look ahead and be prepared to file contempt proceedings against top babus of MoD and Dept of ESW because they are surely going to drag their feet even if a favorable verdict is announced by SC on 24 Feb. RDOA counsel would be better off seeking stricter penalties (6% is hardly anything) for deliberately delaying and denying the dues of the faujis.
Govt knows that one officer has already been paid the arrears. Govt knows that all other affected officers are to be paid. Govt knows that by filing review petitions,payments due to the officers are being delayed illegally. Govt knows that the non-implimentation of the orders of the Hon'ble Supreme Court is contempt of court. A stronger and time-bound order from the Hon'ble Supreme Court is needed on the 24th Feb to ensure proper functioning of the judicial system. May the Supreme God ensure speedy justice to the defence veterans !!!
If the appeals are allowed in favor of the officers, my basic doubt is that since the IV pay commission impacted the in service officers as on 1986 , will this benefit be granted to those retired prior to 1986 but were in receipt of pension during 4, 5 and 6th pay commission. in none of the clarifications or appeals I find that this population of pre-1986 retired would be covered by the rank pay case verdict. could any on clarify please?
@ravindra: The anomaly arose in payscales wef 01 Jan 86. The veterans who retired while still covered by the payscales authorised vide 3rd pay commission did not suffer the disadvantage resulting from the incorrect fixation of pay by the 4th pay commission. So there may not be any arrears of pay due to pre 01 Jan 86 retirees. However, as either the 4th or 5th pay commission had granted some sort of pension parity for previous retirees, there may well be some effect on pensions of pre Jan86 retirees due to the pensions of post 01 Jan 86 retirees being revised upwards as a result of the correction of the anomaly. RDOA may like to clarify this.
10 comments:
Well done.As it appears,the case will be in favour of all effected offrs.Final disposal of the case may be much stronger than earlier judgement.
Thank you for the information. Appreciate and admire the selfless tenacity with which the leadership of RDOA is pursuing this case.Thank you.
Sir,
Could you pls clarify whether it is 24 Jan (as per ReportMySignal Blog)or 24 Feb (the next date of hearing) and also whether that date is merely the 'next date' or the 'final date'?
Thanks
Magnificent progress.
Full details are available in the record of proceedings
Harry!
I presume it would be final date.There is nothing more to flog.
facts and figures are absolutely clear.Let us wait and see.
Secy RDOA
@ Satty
Sir,
Thanks for your clarification but I must hasten to add here that RDOA may well look ahead and be prepared to file contempt proceedings against top babus of MoD and Dept of ESW because they are surely going to drag their feet even if a favorable verdict is announced by SC on 24 Feb. RDOA counsel would be better off seeking stricter penalties (6% is hardly anything) for deliberately delaying and denying the dues of the faujis.
Govt knows that one officer has already been paid the arrears.
Govt knows that all other affected officers are to be paid.
Govt knows that by filing review petitions,payments due to the officers are being delayed illegally.
Govt knows that the non-implimentation of the orders of the Hon'ble Supreme Court is contempt of court.
A stronger and time-bound order
from the Hon'ble Supreme Court is needed on the 24th Feb to ensure proper functioning of the judicial system.
May the Supreme God ensure speedy justice to the defence veterans !!!
If the appeals are allowed in favor of the officers, my basic doubt is that since the IV pay commission impacted the in service officers as on 1986 , will this benefit be granted to those retired prior to 1986 but were in receipt of pension during 4, 5 and 6th pay commission. in none of the clarifications or appeals I find that this population of pre-1986 retired would be covered by the rank pay case verdict. could any on clarify please?
@ravindra: The anomaly arose in payscales wef 01 Jan 86. The veterans who retired while still covered by the payscales authorised vide 3rd pay commission did not suffer the disadvantage resulting from the incorrect fixation of pay by the 4th pay commission. So there may not be any arrears of pay due to pre 01 Jan 86 retirees.
However, as either the 4th or 5th pay commission had granted some sort of pension parity for previous retirees, there may well be some effect on pensions of pre Jan86 retirees due to the pensions of post 01 Jan 86 retirees being revised upwards as a result of the correction of the anomaly.
RDOA may like to clarify this.
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