Monday, April 25, 2011
Update: Rank pay case
The case had come for hearing today ie 25 Apr 2011 in the court of Justice Aftab Alam & Justice RM Lodha. The UOI have filed the affidivit as asked by the court. The Solicitor General was not available for presenting the case as he was busy with a case in another court. The case has been now listed for 06 May 2011.
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24 comments:
Sir,
Could it be possible to know the contents of the Affidavit filed by UoI?
One is constrained to feel dejected & say "Justice delayed is justice denied !"
What a suspense?
RANKPAY RANKPAY GO AWAY COME AGAIN ANOTHER DAY LITTLE JHONNY(GOVT) WANTS TO PLAY
wg.cdr.v.sundaresan(retd)
My guess is that the UoI would have no choice but to write the illustrations contained in Para 28.113 that it has repeatedly quoted in the additional affidavit.
But there is a catch, only the pay slips of those civilians whose basic was the same as of Armed Forces officers MIGHT prove the veracity or otherwise of the affidavit.
@gentle, 6% interest since 8.3.2010 if we win + increases in pensions and family pensions
If we don't get the decision that we are praying for, then we are where we have always been - in the dustbin of India's polity, bureaucracy!!
@Harry, trying for it; hope I succeed!
this will carry on like this endlessly
this will carry on like this endlessly
this will carry on like this endlessly
@--:"...6% interest since 8.3.2010...". That interest is expected to be wef 01 Jan 86 onwards, I should think.
@corona8 - meant in addition to interest from 1.1.1986 till 8.3.2010.
Sorry!
The legal position of the case is that the court has not yet recalled its order.Court wanted to know how civilian offrs drawing the same salary as army offrs as on 1/1/86 were fixed which has been submitted by UOI in its affidivit.eg the civ offr drawing Rs 1300/-was fixed at Rs 3300/- where as the Capt was fixed at Rs 3100/-.The issue is very clear.Let the court decide on 06 May 2011
@SATTY's CORNER: "..The issue is very clear.."
That is very useful information. Thank you for sharing. Some of the unanswered issues that get raised in discussions include:
*Whether the judgement, if in favour of the respondents, would also spell out the inclusion of post V CPC pay fixation and arrears on that account.
*Whether the arrears on account of revised pension would also attract interest.
@ Col Satwant
Dear Sir,
Could you pls clarify if we are also seeking correction of incorrect fixation of Basic, Rank Pay and consequent Grade Pay wef 4th CPC?
If the judgement goes in our favor,which we are hopeful as the order of 08 march 2010 still holds good,then refixation has to done starting with IV CPC rectifying wrongful deduction of rank pay.This will also have to be done for V CPC as methodology was same for pay fixation and then again to 6 CPC.Pension will have to be reworked with other consequential benefits like leave encashment,commutation etc.Even if it takes little more time it is better to sort thread bare once for all.
I agree with Satty's view. it would be better to finalise once for all these things. only thing is by that time the next PC may come and all over again.
WE SHOULD AVOID AT ALL COSTS THESE.
IN THIS ERA OF COMPUTERS THIS WILL NOT BE A DIFFICULT THING AT ALL.
wg.cdr.v.sundaresan(retd)
@SATTY'S CORNER
Thanks for updating.Appears to be Good News. Sooner or later things will brighten up. CHEER UP. After all life is not so bad. There are always some bright spots to enjoy. Let o hope fr the best.
GURDEEP SINGH
GROUP CAPTAIN (Retd )
@ Col Satwant
Dear Sir,
Many thanks for your 'comforting' clarification! :-)
warm regards,
-Harry aka Original_Harry
Col Satwant sir,
Sir possibly also request that you may also like to compare the same officer who were fixed at Rs 3300 how their Basic pay were fixed in Fifth and Sixth Pay Commissions.Suppose Civ Fixed in 1986 at 3300 plus 10 increments of RS 400 upto end of Fifth pay commission ie3000+ 4000=7300 similarly calculate for Sixth Pay commission for 7300. There is likely hood of vast diff. Our Rank Pay is to be discounted.
Col Alok Chaturvedi
@Alok: Wouldn't another important yardstick would also be the (last pay drawn by the sorvice officer as on 31 dec 95+shortfall in the basic caused by the 'rank pay anomaly') for arriving at the basic wef 01 Jan 96 as per V CPC formula?
@Satty's Corner, Wish you all the success that you really deserve. Yes, like you inferred, we have waited 25 years and a few more months should not matter.
With all the computerisation for which CsDA spent a lot of Public money, I hope it will be speeded up.
Best Wishes
S Y Savur
Read somewhere that SC will be on annual vacation from 4th May till end May. So does the 6th still stand?
I hope our lawyers request a PDC for the MoF/MoD to issue Govt orders, in case UoI's case is found without merit.
@Bharatvasi
Sir, Negative. The case already stands listed in Court No 12 for 6th May. Pls see the link below and hit end of page and see the case Ser No 41 (4th from the bottom)
http://causelists.nic.in/temp/17664.html
Dear sirs, I think the rank pay case is getting bogged down in unnecessary points.
Even the then Chief of the then Pay Commission had confirmed that the RANK PAY WAS IN ADDITION TO THE BASIC PAY.
Hence deduction of rank pay from the basic pay was NOTHING BUT THE MISCHIEF PLAYED BY SOME BABUS( MAY BE BY THE GENTLEMAN THAT WE WILL GET HHAT ONLY ON MY DEAD BODY).
V.sundaresan(retd)
@Wg Cdr Sunderesan - that was a lady who has been given 2 months extension up to end May 2011 due to the Budget-2011.
Next hearing is 11-7-2011 and unless UoI has some perverse pleasure, the lady would have ABSOLUTELY superannuated by then.
Sushama Nath IAS has retired on 31-05-2011.
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