Monday, July 11, 2011
Update Rank Pay Case: 11 July 2011
The case came up for hearing today in the court of Justice Aftab Alam & Justice RM Lodha. In the absence of the Solicitor General, since he has put up his resignation, UOI sought fresh date. However Mr Harish Salve appearing for the RDOA and others explained to the court the wrongful deduction of the rank pay in contravention to the recommendations of the IVCPC. The example given by the UOI in its affadivit as asked by the court was argued threadbare and the wrongful deduction was exposed to the court. The point was taken note of by the court.The next date of hearing has been scheduled for 01 Aug 2011.
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20 comments:
Dear All, Now at least, the SG has escaped the contempt of court issue.
What if the resignation is accepted and the new SG asks for 3-4 months time to study the case. will it be accepted?
Now our arguement should be on the "EX-PARTY HEARING AND JUDGEMENT.
Otherwise, the whole thing is a drama enacted by vested interest(but who?
v.sundaresan
@All.
1. Ref Rank Pay Case hearing in SC today.
2. Sincere apologies but all my prophecies are coming true (to my utter horror)!!! :-O
There is no 'horror' in the next date of hearing getting fixed. It does not require any oracle to prophesize that there'll be delays in the judicial system of our country.
Kudos to RDOA for following up the case so dilligently and for keeping everyone updated.
@Corona
What is horrific to me may not be to you. So why get unduly fazed by my statement? Was it meant for you, personally?
There is a time for everything and when time comes it will happen,justice may be delayed but never denied, in a country where there is a scam every day, it will be redemption of sorts when the veterans get their due!
Kudos to RDOA for keeping the embers alive.
Air Cmde (retd ) SC Kumar
@Harry:"unduly fazed"? Words need to be used with due regard to their connotation. What we say or write about a cause has a direct bearing on all associated with it, directly or indirectly. In that regard, the comment by @vijaya-kumar comes like a breath of fresh air.
@Corona.
1. The comment was never meant/targetted against any org or indl. It was just a kind of 'loud thinking'. I can't help it if 'perceived connotations' of my statements make some people overreact.
2. BTW, I firmly believe "If you are not opposed you are not doing much!" So you are at complete liberty to carry on with it, Sir!
Thanks :)
The contribution of RDOA towards ensuring justice for all affected retirees and serving personnel, even those not presently members of RDOA, deserves to be cheered and applauded. All of us must stand united as one on the issue and not let a single negative emotion or doubt cloud our view of the heroic effort underway.
When the Supreme Court decides is just a matter of time. We have waited 25 years for justice and a few more weeks will not matter.
Maybe the SC will give us an Independence Day 2011 gift - 25th anniversary from 1986.
Air Mshl S Y Savur (retd)
Those interested could consider accessing the court order through this link
The Govt is yet to appoint a SG. The new one as and when appointed would take time to study the case. What would then be the status on 01 Aug 11 on the next date of hearing. Some more adjournments ?
It is up to the SC to decide whether there is anything more that the SG can tell it other than what Shri Harish Salve had pointed out.
We might have to wait for the Final Disposal as the words in the brackets in the Court Order indicate (which corona8 has kindly added as a link.
With the appointment of Rohinton Nariman as SG would it entail yet another adjournment for the SG to study the case?
Would Satty be kind enough to indicate a little more of the details of the oral submission that Senior Advocate Harish Salve made?
Is it the MoD or the FinMin that is spearheading the case?
Was there any mention by the UoI on the "impact" that Rs 1623+ crores to be paid as arrears?
There will be justice if and when the SC gives more time to the new SG time ot study the case. But what are the juniors in SG dept. doing till now? they could have given the brief to the new SG about the case and put the new/latest arguments of RDOA.
At the same time SC should make it a point to the govt.to pay some interium payment based on the calculations earlier(in the case of Maj.Dhanapalan)to be adjusted later.
AND A TIME-BOUND FRAME OF PAYMENT MUST BE GIVEN.
The above is assumed that the Hon'ble SC is in favour of the rank pay case.
In any case, since the Govt had implemented earlier the payment to him(maj.dhanapalan) there is no reason not to give the favourable verdict now.
IT WILL BE CRUEL TO TRAKE BACK WHATEVER IS GIVE, AFTER SO MANY YEARS FROM THE BENEFICIARIES.
@Wg.Cdr.V.Sundaresan (retd) - SC withdrew its order constituting a Armed Forces Redressal Grievance Commission because the MoD filed an affidavit stating that mechanisms are already in grievance redressal existence etc.
Maj Dhanapalan's case and the payment to him is "settled in law." Therefore, and consequent to the MoD affidavit informing the different post 4th PC pay for those with same pre-4th PC scales, we should be patient, even if the newly appointed SG needs to study the case. Presuming ofcourse none of his subordinates have given him the brief of upcoming cases.
where is the SC's decision to withdraw the AFRGC?
PL give the details either in the RDOA blog or in your comments.
thanks
@Wg Cdr Sunderesan (retd) please check full details in blog indianmilitarybenefits.
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