Monday, August 1, 2011
Rank Pay Case Update: 01 Aug 2011
The case was heard in the court of Justice Aftab Alam and Justice RM Lodha in court no 10 today ie 01 Aug 2011. The UOI was represented by the new Solicitor General Mr Nariman. He put forth his views for 40 -45 mins on the gambit of IV CPC recommendations and the rank pay deduction and its cascading effect on V & VI CPC with the bogey of 1600cr. There were queries from the court on the 'deduction of rank pay and pay fixation' which did not sound convincing. Senior Advocate for RDOA Shri Mahavir Singh drew the attention of the court to the Govt resolution issued after acceptance of the IV CPC report wherin it has been stated that rank pay would be paid in addition to the pay in the integrated scale.The court seemed to be to get to the bottom of the matter that if rank pay was to be given in addition to the pay in the integrated scale, then why the deduction. The court wanted to hear more on the matter. The case has been scheduled in the week beginning 22 Nov 2011.
Subscribe to:
Post Comments (Atom)
20 comments:
Thank you all(the office bearers of RDOA) for the perseverance in this case and prompt posting of the progress of the case.
So now we wait till 22/11/2011 - nearly 4 months from today. Is that because there isn't another free date or because more arguments would ensue?
The 1600 crore bogey needs to be burst by arguing that GoI has wasted many times more in one year for CWG than this amount which has accumulated over 25 years of injustice meted out to Armed Forces officers - deceased and soon to be in that category.
I appreciate the dogged followup of the case by RDOA, are there more arguments to follow or the decision is expected.
Regards
Kudos to RDOA and the advocate.
Now the case is crystal clear to everybody, including"blind MOD' but they refuse to SEE!!!
I really congratulate RDOA AND the council for nailing the govt coffin.
v.sundaresan
Kudos to the RDOA for following the case. GoI does not bother about wasting crores of rupees and resources on superfluous items like CWG etc.
When it was for the increase of pay packet of Elected Representatives,the funds were available in abundance.But 1600 crores (spread over 25 years) seems too big an amount to be paid to the persons who have sacrificed prime of their life for The Motherland.
Col R S Sekhon,Veteran
Damini at work....Tarikh and more tarikhs
Thanks for the prompt update. Can RDOA inform about the discussions on the inferences drawn from the Affidavit filed by the SG. This affidavit became focus of the case in the hearing on 24 Feb 11. Its importance appears to be getting ignored by the delaying tactics of MOD in this regard. In my opinion the Affidavit would have clearly exposed the stand of MOD, their biased attitude and deliberate cheating in taking away the emoluments as granted to the members of the armed forces. The very thought of this is disgusting,embarrassing and reflects on inadequacies on the part of those who were at the helm of affairs in the three services.
Many have gone and many will go before tasting the fruits of Rank Pay arrears. The government and its functioneries seem least concerned about the pains being suffered by its soldiers on account of various neglects and inequities. Another three months is a long time to wait - but no remedy it seems!
Our advocates must insist to the Apex court on taking a strong exception to any future reviews by government and come down heavily with punitive action if feasible on perpetrators. Also the payment of arrears within a time bound programme of say three months with interest at market rates as and when the case is decided in our favour.
This should help the suffering community of aggrieved officers no end.
Thanks
Col LK Anand Retd
As to the impact on the Public exchequer the Hon’ble Supreme Court is seized
(1)of the misappropriation of any where between Rs 22, 000 to Rs 1, 76, 000 crores in the 2G scam,
(2)of considerable wealth hidden in tax free havens overseas (and by media accounts the Income Tax dept wants Rs 70, 000 crores from one Hasan Ali alone),
(3)of anywhere between Rs 2000 to Rs 5000 crores in the CWG scam.
Further, the UoI increased the remuneration of every single Member of Parliament.
Surely the UoI is not serious to realise what ridicule it is heaping on itself by committing a 25 years old scam on the Armed Forces. Just because the Armed Forces Officers are not vocal and proceeding as per the law of the land!
Would it be permissible to place a copy of the UoI affidavit re; comparative pay fixation on this blog?
In all probability there would be more arguments as the supreme court wants to understand the logic /methodoogy behind the rank pay deduction.The fitment formula for the pay fixation is same for the army officer as well as the civ.The rank pay has to be paid in addition so how was the deduction then made.
Also quite possible that the court may be looking at another scam to degrade the officer cadre of the armed forces.
Angry SC tells govt to pay up
Bhadra Sinha, Hindustan Times
New Delhi, August 01, 2011
Even as the Centre proposes a pro-farmer land acquisition bill, it has opposed increasing compensation given to Ghaziabad farmers from Rs 8 to Rs 84 per square yard for 1,200 acres land acquired way back in 1963. The Centre chose to challenge before the Supreme Court a nine-year-old
Allahabad high court verdict directing the payment of enhanced compensation to the landowners.
The Centre's stand left the apex court fuming. "You (government) don't even get a piece of cloth at this rate, but, you are getting land," said a bench headed by justice JM Panchal.
For information
I am optimist to core but somehow fear that SG may not attend Nov 22 hearing and seek further date.
Request RDOA arms itself for the delaying tactics of SG team and seek early disposal.
As per The Tribune (2 Aug) the GOI has filed an application seeking recall of the SC order on the ground that implementing the order would have a cascading effect and involve a financial burden of 1,623 crore.
This shows the magnitude of the error/manipulation that in turn has had a CASCADING effect on the concerned officers. Undoubtedly strong grounds for an immediate resolution in favour of the aggrieved officers without further delay.
There's enough money and expertise (software) to calculate the individual dues. In any case how did they arrive at the overall figure of 1623 core?
Col BN Bhatia (retd)
The brief but most informative coverage by the press underscores the valiant efforts of RDOA to address this wrong done to Officers of the armed forces, those still serving as well as those now retired.
Now it has become history all by itself.Imagine, 40000 or more effected defence officers(serving/retd) fighting a case against their own govt in highest court of the land.It is first time and may be the last time in any country of the world to see such happenings.
Few dedicated offrs of RDOA are doing excellent job .They deserve highest appreciation from all effected offrs(serving/retd).
I feel, Winning/loosing the case by offrs is not the main issue now. As of now, our main concern should be standing besides the RDOA core team with full support .It has now
become a prestigious fight between
Govt+babus Vrs Defence offrs.Let us fight with full strength as we are used to.
become a prestigious fighting issue
It is now possible to access the latest Court Order.
There are encouraging words in the link Corona8 has provided "Put up all the matters for final disposal on November 22, 2011.
Liberty to complete pleadings by November 14, 2011."
Let us hope and pray for payment soon after as the MoD will have to issue orders and may plead shortage of staff.
The order of the Hon'ble Supreme Court had contained the sentence, "Liberty to complete pleadings by November 14, 2011.".
It would be interesting to learn if any further pleadings were made after the last order.
@corona8, 14th November is round the corner. Hope we have an update. Have uncrossed my fingers to type this.
@-- and @corona8: November 14 has now gone by. No word yet on any fresh pleadings made in the matter.
Post a Comment