BUBBLE BURSTS:IV CPC RANK PAY CASE

BUBBLE BURSTS: ARMED FORCES / VETERANS HARMED AGAIN

The relief given by the Hon.ble Supreme Court vide its order of 04 Sept 2012 in the famous IV CPC Rank Pay Case seems to have been undone by the MoD in its implementation order of 27 Dec 2012. A disappointing closing to the year 2012. The seven page order is yet to sink in but exhibits the We v/s They openly.

Salient and relevant paras / extracts follow:

Para 6.            The sanction of the Govt is hereby communicated to modify the provisions contained in para 6 (a) (ii) of SAI of 26/5/87, and corresponding instrs in case of Navy and Air Force bearing no 1/S/87 dt 11/6/87 and 26/5/87 resp, in so far as it relates to deduction of Rank Pay, which has been reproduced in para 1 above, and to refix the initial pay of the concerned officers of the Army, Navy, and Air Force in the revised scale (integrated scale) as on 1/1/86 as per para 6 of those instrs without deduction of Rank Pay appropriate to the rank held by the officer on 1/1/86 from the amount as worked out under para 6 (a)(i) thereof.

Para 7. Except to the extent of modification of the provision contained in para 6 (a)(ii) of the aforesaid Army Instrs and corres…………….., relating to deduction of Rank Pay in terms of these orders,….in all other aspects there shall be no change in the provisions of the aforesaid SAI/NAI……

Para 8. …..It is clarified there shall be no change in respect of SAI’s for implementation of the recommendations of the V, VI CPC resp, except to the extent of the need for refixation of pay as on 1/1/96 and 1/1/2006, necessitated due to refixation of pay as on 1/1/86 in terms of these orders.

Para 9. DA, Interim Relief, Dearness Pay, and NPA in respect of AMC/ADC/RVC officers will be revised.

Para 10. Pensionary benefits due to the refixation of pay as above, if any, will be admissible as per rules on the subject. Fresh LPC cum Data Sheet for this purpose will be issued. PPO revising the pension will be issued to all the concerned.

Para 11. As directed………..interest @ 6% per annum on the arrears will be paid with effect from 1/1/2006.

Para 12. Undertaking as per Appx A in case of excess payment by offrs.

Para 15…….The payment will be made directly by PCDAO/AFCAO/Naval Pay Office.

Sd/- Praveen Kumar Director (AG.1)

 

 

HAPPY NEW YEAR TO ALL

 

 Secy RDOA

 

     

Update IV CPC Rank Pay Case as on 21 Dec 2012

This update is to counter the views expressed by many on the blog for the benefit of all. Let us be positive. Where we have waited for so long we can wait for little time more. Implementation of the SC order is the commitment made by the UOI in their application.  

1 Whatever is happening is for the good of all and should be taken as a ‘Blessing in disguise’

2. Consequent to the application filed by UOI seeking additional time of 12 weeks to implement the SC order, let us wait for till the court reopens in Jan after the winter vacation. Whether the court gives extension or not or imposes further penalty will only be known when the application is listed for hearing. Will the court agree for full 12 weeks extension is also a Q mark? Till that time it’s only speculation.

3. There is no doubt in RDOA’s mind that the arrears will be worked out through IV/V/VI CPC for all as on 1/1/86, 1/1/96,1/1/2006.

4. Pension will have to be revised for all starting from pre 86 through 96 to 2006 ie IV/V/VI CPC. For that the CDAO will have to prepare fresh LPC for all and fwd to CDA(Pen) for payment action.

5.Those who got promoted after 1/1/86, 1/1/96, 1/1/2006 are also affected as the basic pay will change. Eg offr promoted Capt after 1/1/86 would have got Rs2800/- as basic pay. With restoration of deducted amt of rank pay he will have to be refixed at Rs 3000/- plus Rs 200/- as rank pay and DA as admissible. There is no doubt on this. Same holds good for Maj/Lt Col/Col/Brig.

6. Let CDAO/CDAP/AFCAO/CDA (Navy) do their job of creating/updating their records. For once the database of all offrs incl widows would get created/updated so there would be no lapses in future to crediting arrears/pensions. Even Corr PPOs for all will have to be regenerated.If they are asking for info let us provide them. It is for our own good.

7. Service HQs have already fwd the Draft Govt Letter (DGL) long back. Refixation of pay also has repercussions on status of Armed Forces officers which is belly aching the ‘They’ lobby. Sputniks are active.

8. Mind you, all that needs to be done for implementing the SC order is on affidavit and not honouring it amounts to giving false affidavit which can have serious implications. There is no option but to implement SC order in true letter and spirit.

9. Let us wait for further developments.

Secy RDOA

 

Breaking IV CPC Rank Pay Case Update

UOI has filed application seeking extension of time limit by another 12 weeks in the Supreme Court giving ref of its order of 04/9/12. Main reasons given are:

1. Implementing the judgment involves three sucessive Pay Commissions (IV/V/6 CPC). Most of the data of prior period is not available and has to be compiled manually.

2. In respect of pre 1986 officers in addition to arrears, LPC, Lve encashment, Gratuity, and corr to PPO is required to be worked out which will again take some time.

3. Final financial implication can only be known once all calculations are complete in respect of every officer for which budgetary allocation is being made to MoF to arrange for funds of this extraordinary magnitude.

4. MoD is committed to the implementation of the order.However, because of the constraints ref above, the implementation may take another 12 weeks.

More will follow.

Secy RDOA
 

Request/Confidence Building Measures

1. Issue of letter by GOI/MoD dt 26 Nov 12 says only of compliance of SC orders of 4/9/12 on the Rank Pay Case.Does not talk of implementation.
2. Modality and Methodology of payment is still being worked out.
3. SC order has not been implemented; there is clear violation; and so it becomes fit case for filing of contempt. Leave the contempt filing to RDOA.
4. RDOA is well versed with the case and knows all the pitfalls with answers to tackle them supported by documentary evidence and affidavits filed by UOI.
5. All are requested not to initiate any action or file any petition anywhere in the country relating to the case as it will become subjudice again and delay matters further.
6. Interest of all offrs starting with pre 1986, as on 01/01/86, who joined service after 86, who got promoted after 1/1/86 is on our radar. Same holds good for pre and post 1996 (V CPC) and pre & post 2006 (6 CPC). Offrs need not worry. No need to feel 'Hamara kya hoga'. We have come this far and we will 'Mop up' till pouch button is closed and payment reaches bank acct of each and every officer and to widows/legal heirs.
7. Please do not float unnecessary emails giving your own assessment and confusing others. No one is better in the knowhow than RDOA.
8. Kindly do not give any statement on national TV channels/media related to the case.Leave that to RDOA. We have our links and will do so at appropiate time.
9. Avoid any negotiation or back channel diplomacy on the subject case with anybody.
10. It is NOW or NEVER to restore lost ground. Kindly bear with us.

IN Service RDOA

IV CPC RANK PAY CASE UPDATE

GOI , MoD have issued two letters No 34(6)/2012-D(Pay/Services) dated 26 Nov 12 addsd to COAS/CNS/COAir Staff on the issue of Implementation of Supreme Court order dated 4/9/12 in the IV CPC Rank Pay Case.

Paragraph extracts are given:

"In compliance of the Supreme Court order dated 4/9/12, I am directed to convey that GOI has decided to refix the pay without deduction of rank pay wef 1/1/86 in respect of the affected officers of the armed forces in conformity with the orders of the Kerela High Court order dated 5/10//1998"

" Instructions regarding the modalities and methodology of payment to the affected officers of the armed forces and the provisioning of funds for the same are being issued seperately in consultation with Service Hqs, CGDA, Def (Fin) / MoF"

" TRIPAS is requested to prepare DGL and submit to MoD immediately"

Signed by Praveen Kumar, Dir (AG1)

Nay Sayers can feel happy. More as and when recd. 

Secy RDOA

 

Para 4 of Supreme Court order dated 04 Sept 2012

"We record and accept the statement of the learned

Solicitor General that arrears of pay with interest, as directed

above, shall be paid to the concerned officers expeditiously and positively

 

within twelve weeks from today."

 

There is no element of doubt that the payment has to be completed within 12 weeks.As on date 22Nov 2012; even the implementation orders have not yet been issued. By no stretch of imagination can the order be implemented before the expiry of 12 weeks. So the contempt action will get initiated.

 

Working of CDAO and CDA pensions is known to all.Let us see what happens in coming days.RDOA will file contempt notice.Let there be no doubt on this issue.

 

Secy RDOA

 

 

Database MP5

Officers are requested to follow instructions as given by MP5 in filling up info related to officers particulars which has been put on indianarmy website. By sending mails to MP5 you are duplicating the work. A webportal has been assigned to update all info.
Please ignore emails in circulation interpreted by indv offrs and offering solutions. Also please do not give additional info than asked for. It will further add to confusion. If you have data as asked for, well and good, if not, let MP5 find a solution. Request mail from MP5 given below.

On 14 November 2012 12:46, mp 5&6 <dirmp5and6@gmail.com> wrote:

Dear Veterans,

I have small requests which may kindly be considered.

(a) Large No of veterans are duplicating their details on this id,thereby clogging it up. The id for veterans details has been given quite clearly on the site. Request that it may be adhered to.

(b) Many officers are either calling up or coming to my office to ask for the details. This only increases workload of the staff and is actually counterproductive, as other cases suffer. Details available with officers may be filled up, balance will be worked out. An updated list will be put up after a month or so.

Regards

(c) GOVT ORDERS ARE AWAITED.

Udai

Thanks
Secy RDOA

Check Details: IV CPC Rank Pay Case

Army HQ have put all details of officers retired between the period 01/01/1986 to 31/12/2002 as records were not available; on their website;http://indianarmy.nic.in.
Also given is a format in case info is not correct. Kindly info all in your circle of influence to see the website and take action.
More as info comes in.

Wishing All Veterans & Their Families " A Very Happy Diwali & Properous New Year"

Secy RDOA

More News

It is reliably learnt that RM has cleared the file for Implementation of the Supreme Court order.

2. MoD has asked Service Hqs for draft implementation orders.

3. Clock is ticking!

Secy RDOA

Update IV CPC Rank Pay Case Implementation

Eight weeks have passed since the issue of implementation order by the Supreme Court in the IV CPC Rank Pay case. There have been confusions galore with charts and xl tables cluttering the email boxes. CDAO added to the jumboorie. Now some facts.
1.It is reliably learnt that the Law Ministry & Solicitor General have given their concurrence for implementation of the court order. No other way out. Nod from the RM is awaited.
2.In the meantime things are happening behind the scenes.
3. A Senior offr from MP5 has gone to CDAO to discuss what all info is reqd to implement the court order.
4. Service Hqs have been asked to prepare a draft order. In house discussions are on.
5. RDOA is busy with preparing 'Contempt Notice'
6. Sputniks are active with misleading emails doing the rounds.
7. Calculators are active working out the arrears.
8. Expectants are requested to be patient. Hold on to 'Kitna Mile ga aur kab milega' Abhi char hafte baki hai.

Secy RDOA

 

ADVISORY

Implementation Instructions IV CPC Rank Pay Case

It is brought to your kind notice that a draft letter on the likely notification to be issued in the IV CPC Rank pay case covering all aspects and the refixation tables from IV CPC to 6CPC in case of each rank from Capt to Brig is in circulation on email. The authenticity of this letter is questionable. The letter is unsigned, without date, without reference and on top is written DGL.

 

Such mails will only add confusion and chaos and put the cart before the horse in the instant case. It may also give food for thought to the sputniks who may not be keen to give us our desired dues.

It is requested that no cognisance be taken of this letter. Kindly stop further   circulation and speculation. Your cooperation is solicited.

 

 

SECY RDOA

 

 

THANKS GIVING & FELICITATIONS

FELICITATIONS: LEGAL TEAM

IV CPC RANK PAY CASE:30 SEPT 12

The legal team which was instrumental in getting the Armed Forces officers their legitimate dues in the landmark and historic judgment given by the Supreme Court on 04 Sept 2012 pertaining to the IV CPC Rank Pay case was felicitated on 30 Sept 2012 in DSOI Dhaula Kuan by Retired Defence Officers Association (RDOA). Over hundred officers were present.

Welcoming the members and guests, the President of the Association, Col BK Sharma said that it was a proud moment in the history of the Armed forces where a few have mustered strength to fight for the majority and seek a judgment which will benefit all from 1986 onwards.

The operative part of the judgments starting with the Single Judge order passed in the case of Major AK Dhanapalan in Oct 1998 followed by the order passed by the Supreme  Court on 08 March 2010, and the dismissal of appeal filed by UOI and upholding its order of 08 Mar 2010 on 04 Sept 2012 was read out for the benefit of the members by the Secretary RDOA, Col Satwant Singh.

The said order will be applicable to all affected offrs of the AF wef 01/01/1986 to 01/01/2006 across board.  It would also be applicable to all pending cases in various courts and AFT’s across the country on the subject case.

The interest will be applicable @ 6% wef 01/01/2006 and not 1986. This is the only change made by the apex court. The court has also directed that all arrears should be paid within outer limit of 3 months from today ie 04 Sept 2012.

It was explained by the Secretary as to how the pay/pension would be revised with the cascading affect from 1/1/86 (IV CPC), 1/1/96 (VCPC), 1/1/2006 (VI CPC). To this affect the commitment made by the UOI on an affidavit filed in the Supreme Court with financial implications of 1623 crores was also read out to the members.

The President then welcomed the guests, Senior Advocate Mahabir Singh and Advocates on Record Gp Capt KS Bhati and Mrs Aishwarya Bhati. A brief introduction of each of the guests highlighting their achievements and contribution to the case was given to the members. The guests were presented bouquets on behalf of RDOA.

As a token of their commitment and unflinching support to the cause of Ex Servicemen, each of the guests were honoured with an ‘Honourarium’ amount in the form of cheque; which is nothing as compared  to the Services rendered and the legal fees charged by them.  As a reciprocative gesture, Senior Advocate Mahabir Singh donated Rs 50000/- to the corpus of RDOA.

Advocate on Record Gp Capt KS Bhati requested all officers to make RDOA strong and the nodal agency to fight and stand for securing denied benefits to the veteran fraternity.

Col Sharma also welcomed out station officers Lt General VK Oberoi, Air

Marshal Savur, Maj’s NS Gill & Sadana. Speaking on the occasion Air Marshal Savur was delighted at the ‘Perseverance and Gusto’ of the RDOA team in getting the judgment. He came all the way from Bangalore to attend the felicitation.

Lt General Oberoi was appreciative at the ‘Resoluteness’ and brain power shown by RDOA and the legal luminaries.

Appreciations and thanks giving were also given by Cdr Ahuja on behalf of Naval Foundation, Delhi Chapter since Admiral Harinder Singh was out of the country. It would be pertinent to mention that Admiral Harinder gave his complete unconditional support for the case from day one and was always supportive of actions taken by RDOA.

Col Joshipura  Krit, Executive Member IESM; on behalf of IESM applauded the efforts of RDOA in getting the judgment for the benefit of all the Armed forces officers.

Thanks Giving

Team RDOA wishes to thanks all its members in supporting it for the ‘cause’ and for all the congratulatory messages sent/expressed on phone/email.

Team RDOA also wants to thank all others who are not members of RDOA, yet have applauded their efforts and achievements.

The felicitations culminated with a contributory lunch.

Next the battle for implementation instructions of the Court order begins.

 

SECY RDOA

 

 

Cabinet Approval on CoS Report

The Union Cabinet has given approval to four points pertaining to the Ex Serviceman

(a) One Rank One Pension (OROP)

(b) Increase in family pension.

(c) Dual family pension

(d) Pension to physically challanged children

To be implemented prospectively

For details see nitinagokhale.blogspot.com and blogspot of Navdeepnitinagokhale.blogspot.com

FELICITATIONS

CIRCULAR

 

 

A MEETING WILL BE HELD ON 30 SEPT 2012 AT 1100 HRS AT SILVER ROOM DSOI DHAULA KUAN TO FELICITATE THE LEGAL TEAM CONSISTING OF SENIOR ADVOCATE SHRI MAHABIR SINGH, ADVOCATES ON RECORD GP CAPT KS BHATI & MRS AISHWARYA BHATI FOR THE COMMENDABLE WORK DONE BY THEM IN GETTING THE LANDMARK & HISTORIC JUDGMENT IN THE IV CPC RANK PAY CASE.

 

2. THIS WILL BE FOLLOWED BY A CONTRIBUTORY LUNCH.

 



3. THOSE MEMBERS DESIROUS OF COMING, KINDLY SEND YOUR NAMES BY EMAIL TO THE SECY RDOA.

SUPREME COURT ORDER DATED 04 SEPT2012: IV CPC RANK PAY CASE

O R D E R

      I.A. No. 9 in T.P. (C) No. 56 of 2007:

                 We have heard Mr. R.F. Nariman, learned  Solicitor  General

      of India and Mr. Mahabir Singh, learned senior counsel for the respondents.

      2.         On thoughtful consideration of the entire  matter,  we  are

      satisfied that the order dated March 8,  2010  does  not  require  any

      modification or variation save and except the interest part.

      3.         As regards  interest,  on  totality  of  the  circumstances

      including the circumstance that Special Leave  Petition  arising  from

      the judgment dated July 4, 2003 in the matter of Major A.K. Dhanapalan

      was dismissed by this Court in August, 2005 and the Kerala High  Court

      had not ordered payment of interest on the arrears of pay,  we  direct

      that the interest shall be paid by the petitioners to the  respondents

      @ 6% p.a. from January 1, 2006 instead of  January  1,  1986.   It  is

      clarified  that  this  order  shall   govern  all  similarly  situated

      officers who have not approached the court and  also  those  who  have

      filed  Writ  Petitions  which  are   pending   before   various   High

      Courts/Armed Forces Tribunal.

      4.          We  record  and  accept  the  statement  of  the   learned

      Solicitor General that arrears of  pay  with  interest,  as   directed

      above, shall  be  paid  to the concerned officers expeditiously  and positively within  twelve  week from today.

      5.         I.A. No. 9 of 2010 stands disposed of accordingly.

      W.P. (C) Nos. 268/2010, 192/2012, and I.A. No. 1 of 2011  in W.P.  (C)

      34/2009 and T.C. (C)   Nos.  11/2010,  14-19/2010,  31/2010,  32/2010,

      33/2010 and 35/2010:

                 The above matters and pending I.As. therein, if any,  stand

      disposed of in terms of the above order passed in  I.A. No. 9 of  2010

      in T.P. (C)  No. 56 of 2007.

 

 

IV CPC RANK PAY CASE

AS ON 04 SEPT 2012

The IV CPC Rank Pay Case was finally heard today ie 04 Sept 2012, in Court no 7, in the court of Hon’ble Justices RM Lodha, TS Thakur and Anil S Dave. The appeal file by UOI for recall of order of the Hon’ble Court dated 08 March 2010 was dismissed by the Court. The court upheld its order of 08 Mar 2010. The Solicitor General spent marathon four  hrs to convince the court about the legitimate deduction of the rank pay but was not able to justify the deduction of rank pay and as  to fitment of pay of AF officer vis a vis a civilian offr drawing same basic pay as on 1/1/1986.

The said order will be applicable to all affected offrs of the AF wef 01/01/1986 to 01/01/2006 across board.  It would also be applicable to all pending cases in various courts and AFT’s across the country on the subject case.

The interest will be applicable @ 6% wef 01/01/2006 and not 1986. This is the only change made by the court. The court has also directed that all arrears should be paid within outer limit of 3 months from today ie 04 Sept 2012.

So, the pay and pension of all affected officers of the AF are set to revise from 01/01/1986.

 

Finally Three Cheers!! SATYAMEV JAYATE

 

IV CPC RANK PAY CASE:ADVISORY

The IV CPC Rank pay case is due for hearing on 04 Sept 2012. All are advised to refrain from writing/filing any letter/writ which can jeopardise/ delay the case further.

Secy RDOA

Minutes of AGM held on 17 Jun 2012

Minutes of the AGM held on 17 Jun 2012 have been uploaded on our website http://sites.google.com/site/rdoaindia. Kindly see under the link sign. Balance sheet has also been attached

Secy General RDOAhttp://sites.google.com/site/rdoaindia

ADDITIONAL CONTRBUTION OF RS 1000/-

RETIRED DEFENCE OFFICERS ASSOCIATION (RDOA)

1.The General Body in its meeting held on 17 Jun 2012 had unanimously decided to contribute an additional amount of Rs 1000/-(One thousand only) per member to meet the expenses of Very Senior Advocate fees in the Rank Pay Case (IV CPC) awaiting final disposal in the Supreme Court. It was also accepted that if a member wished to contribute more he was most welcomed to do so.

2. Members are requested to send their additional contributions of Rs 1000/- at the address given below earliest. Kindly send amt by bank draft/cheque at par drawn in favor of ‘Retired Defence Officers Association’ payable at New Delhi. Please write your rank and name on reverse of cheque/draft. Also please update your email id and mobile no.

3.Kindly ignore if already sent

NOTE: KINDLY SEND ADDL CONTRIBUTION AT THE ADDRESS GIVEN BELOW

COL BK SHARMA, G 203, GREEN VALLEY APPTS

PLOT NO 18, SECTOR 22, DWARKA NEW DELHI 110077

EC-2

Dear Veterans
    The EC-2 passed out of  I M A on 27 Sept 1963. As per tradition
after 50 years of commission there is a get-together at The Academy
   I am from this course and would like to know who else is there,
also as this event has to be managed by the Course themselves any one
from Dhera-Dun would be an additional help
   I would also request any Veteran who knows any other Site which is
frequented by  Ex-officers to post this message there
    col jbs mehta SM,VSM  (  J. B. S Mehta jbs349@yahoo.co.in  )
    9216103228

AGM: RDOA:17 JUNE 2012

RETIRED DEFENCE OFFICERS ASSOCIATION (RDOA)

ANNUAL GENERAL BODY MEETING 17 JUNE 2012

1. The Annual General Body Meeting of Retired Defence Officers Association (RDOA) was held on 17 Jun 2012 from 1130hrs onwards at DSOI Dhaula Kuan New Delhi.

2. The General Body unanimously decided to contribute an additional amount of Rs 1000/-(One thousand only) per member to meet the expenses of Senior Advocate fees in the Rank Pay Case (IV CPC) awaiting final disposal in the Supreme Court.

3. It was also accepted that if a member wished to contribute more he was most welcomed to do so.

4. The minutes of the last AGM held in Apr 2010 and balance sheet for the period 01 Apr 2010 to 31 Mar 2012 was passed.

5. An interactive session was held between the members and Senior Advocate Gp Capt KS Bhati handling the rank pay case in the Supreme Court. All legal doubts of the members relating to the case were clarified.

6. Members are requested to send their additional contributions of Rs 1000/- at the address given below earliest. Draft/Cheque at par be drawn in the name of 'Retired Defence Officers Association' payable at New Delhi. Kindly write your rank and name on the reverse of the cheque/draft. If there is change in your mobile/email id kindly notify the same for updating our records.

7. Detailed Minutes of the AGM will be posted at a later date on the website with a notification on rdoaindia.blogspot.com

NOTE: KINDLY SEND ADDL CONTRIBUTION AT THE ADDRESS GIVEN BELOW

COL BK SHARMA, G 203, PLOT NO 18, GREEN VALLEY APPTS

SECTOR 22, DWARKA NEW DELHI 110077

SECY GENERAL RDOA

ANTI VETERAN SENTIMENTS BY MoD

OPEN DEFIANCE OF DIRECTIONS OF RAKSHA MANTRI BY OFFICIALS OF MOD

It’s well known that disabled soldiers are not getting the respect that they deserve from the officialdom.

The enclosed letter on a subject which affects more than 80% of disabled personnel would show that Shri Antony is not practically in saddle of the Defence Ministry and that the Ministry is deriving sadistic pleasure out of the miseries of defence personnel in general and disabled in particular. The value ascribed by the Defence Ministry to Antony’s word becomes clear as a crystal from the enclosure.

In this matter, clear cut directions of the Raksha Mantri, who is personally monitoring the issue, have been flouted, contravened and annihilated by the Department of Ex-Servicemen Welfare of the Ministry and its lawyers, all of whom have misguided the Supreme Court on an issue in which the RM himself had passed directions that such cases in Courts be put on hold till he took a final call.

The Retired Defence Officers’ Association (RDOA) has officially written a detailed note on the subject to the RM as well as the Law Minister.

One wonders who rules the roost when nobody in the entire system is even amenable to the directions of the highest political executive in the Ministry!

As on date, most of the litigation by the Union of India in the Supreme Court is directed towards disability pension cases involving disabled defence personnel, and govt lawyers are reluctant to let go since they earn out of this morbid vicious cycle.

Letter to Raksha Mantri

ANNUAL GENERAL BODY MEETING JUNE 2012

It is intimated that the Annual General Body Meeting of the Retired Defence Officers Association (RDOA) will be held on 17 Jun 2012 at 11:00  AM

at SilverRoom, DSOI Dhaula Kuan New Delhi.

AGENDA

1.    Welcome address by the President RDOA.

2.    Judgment and progress of the IV Pay Commission Rank Pay anomaly case.

3.    To seek approval of the members for additional contribution of Rs 1000/- for meeting expenses of the Senior Advocate fees in the IV CPC case

4.    Confirmation of minutes of the last AGM.

5.    Notice also displayed on  rdoaindia  website: http://sites.google.com/site/rdoaindia  under link AGM

Secy RDOA

IV CPC Rank Pay Case: Returns on investment & SANNU KI.

IV CPC Rank Pay Case: Returns on investment & SANNU KI.

I have read all the comments, advisory /suggestive/derogatory as to what RDOA should do. The legal cell of RDOA is capable and competent. If one feels that an option has not been thought over then you are sadly mistaken. Line of action taken will be in the best interest of the Veterans.

There are many officers of have filed cases in courts throughout India by paying a hefty amount to the lawyer with a undertaking to give 10% of the arrear amount when realized. In stark comparison RDOA has only charged Rs 500/- as membership fees and has now asked for Rs 1000/- to meet the fees of the advocates handling the case. For those who do not know; the legal fees of advocates in the Supreme Court range anywhere between Rs 50000/- to Rs 4 to 5 lacs per hearing. Going by that RDOA and others should have shelled out Rs 20 lacs by now. That’s not so. The advocates know that there is a cause and justified hence their willingness to help.

What are the gains! By fair estimates and calculations every officer is set to gain Rs 4 to 5 lacs and for some the returns may be still higher who have gone through IV CPC, V CPC and VI CPC. The arrears of pension itself work out to be Rs 4 lacs. Is then Rs 1500/- a very big amount for the return on investment. I do not think so. It is the attitude problem. Over 70000 officers are affected.

On the other hand there are many who are willing to contribute much more in tens of thousands and have done so. There are others who will derive no benefit from the case but have contributed liberally to the cause that here is an organization which is all set to sort out past evils of the Govt of India against its military veterans.

No share market/ kitty party can give more returns. Plus the 6% interest meter is on. There is yet another category of people who are fence sitters. Why should I become a member of RDOA or go to court. When others will get so will I? Still others who say ‘SANNU KI’?

In the end I can only say that:

‘If  people criticize you, hurt you, or shout at you, do not be bothered. Just remember in every game the audience makes noise and not the players. RDOA is the player.

SECY RDOA

ANNUAL GENERAL BODY MEETING JUN 2012

ANNUAL GENERAL BODY MEETING JUNE 2012

It  is proposed to hold the ‘Annual General Body Meeting’ of the Retired Defence Officers Association (RDOA) in the second/third week of Jun 2012

AGENDA

1.    Welcome address by the President RDOA.

2.    Judgment and progress of the IV Pay Commission Rank Pay anomaly case.

3.    To seek approval of the members for additional contribution of Rs 1000/- for meeting expenses of the Senior Advocate fees in the IV CPC case

4.    Confirmation of minutes of the last AGM.

Points  / suggestions if any from the members may be fwd by 31 May 2012 to the Secretary RDOA by email at:rdoaindia@gmail.com.

Secy RDOA

IV CPC Rank Pay Case:Next Hearing

The next date of hearing has been scheduled for 04 Sept 2012 as per court order of the day.

IV CPC Rank Pay Case Update as on 26 Apr 2012

COME SEPTEMBER!!
The case was listed today in apex court no 7 at item no 2. As usual the Solicitor General (SG) was on his legs. In juducial parlance it means that he is on another case in another court hence not available. The UOI asked for a pass over/or next week. The court said it can be only listed after vacation (May/Jun). RDOA requested for as soon as the courts open after vacation in July to which the court replied that they are already heavily loaded. Earliest can be September, so be it.!!! Let me assure you that there is no helplessness /anger / depression or frustration. It only makes your resolve more stronger. Greater nuisance value lies ahead when the court orders implementation of its order of 08 Mar 2010. RDOA is prepared for  all.

"If Mahatma Gandhi would have got depressed / shown helplessness India would never have got freedom"

We wait for September. 

Clarifications on comments by readers IV CPC Rank Pay Case

All comments are read and re read to read the fine print and what is being said.Even comments not pertaining to the issue blog are read and noted. We are fully aware and updated on all issues. All affected offrs must understand that the case is at a critical juncture.Any effort to hasten/influence/seek course to as to why SG is not appearing can jeopardise the case. There is no point in being hyper or impatient.Before every hearing a conference is held with the advocates as to line of action to be adopted for the day. RDOA has been going to the court since last five yrs and we are totally aware as to how the court functions. Battle is already half won. Lets wait for the other half. I do not want to put any info on the blog which can jeopardise the case or aid the other party.

Update IV CPC Rank Pay Case as on 27 Mar 2012

The case came up for hearing today ie 27 Mar 12 at item no 8 in court no 8.
The Solicitor General (SG) was not available for next two days (27 & 28 Mar12) due to personal reasons. UOI asked for fresh date. The court obliged. Next listing after three weeks.

Clarification on Supreme Court order of 8 Mar 2010

An extract of Supreme Court order dated 08 Mar 2010 on the controversial IV CPC Rank Pay case is reproduced for info of all. Some emails floating on the net are misleading.Kindly ignore.The wording of the court order leaves no element of doubt.

"We have carefully perused the judgment dated 5.10.98 of the learned Single Judge as well as judgment dated 4.7.2003 of the Division Bench of the High Court of Kerela and we respectfully agree with the reasoning given therin for grant of rank pay retrospectively from 1.1.1986. We also direct interest to be paid thereon at 6% p.a. Accordingly, these writ petitions as well as the transfered writ petitions are allowed."

It is amply clear that the interest also becomes applicable from 1.1.1986 retrospectively.

IV CPC Rank Pay Case Update as on 22 Mar 12

The next date of hearing of the case has been scheduled for 27 Mar 2012 as per case status of Supreme Court.Item no on receipt of cause list of the day.

IV CPC Rank Pay Case Update as on 22 Mar 2012

GOOGLY BY COURT !? Further to post of 21 Mar 2012 on the ibid case. The Court No 8 did not 'SIT' today ie 22 Mar 2012. In all probability another date will be given which will be posted on the blog once known. In the meantime u can start counting ur pennies @6% interest.

'But patience to prevent the murmur soon replies' John Milton

IV CPC Rank Pay Case Update as on 21 Mar 2012

The case was listed at item no 7 in court no 8 in the apex court for 21 Mar 2012.
Item no 1 took the complete day and finished at 1530hrs. Item no 2 case took two weeks adjournment.Some discussion took place on case at item no 3 and then the case was adjourned for three weeks. Remaining cases have been rescheduled for 22 Mar 2012 We are hopeful the case will be heard on 22 Mar 12.

MOD FILES APPEALS AGAINST DISABLED VETERANS

MoD FILES APPEALS AGAINST DISABLED VETERANS DESPITE CONTRARY DIRECTIONS BY THE COAS AND DESPITE LEGAL POSITION SETTLED BY THE SUPREME COURT


The appeal in the SC on 17th Feb 2012 by the Defence Ministry against the enhancement of war-injury pension of 1965 war-hero and former Army Vice Chief Lt Gen Vijay Oberoi has again brought into focus the deep scorn of the MoD’s Department of Ex-Servicemen Welfare (DESW) towards disabled defence veterans. Gen Oberoi is 70% war-disabled and the Chandigarh Bench of the Armed Forces Tribunal (AFT) had granted him enhancement of five percent from 70% to 75%.

The DESW has filed an appeal in the SC despite the fact that the matter has already been settled by the SC in two cases in 2011 in favour of disabled veterans, namely KJS Buttar Vs UOI and UOI Vs Paramjit Singh. The SC refused to grant a stay on the AFT’s decision in Gen Oberoi’s case when the case came up for hearing.

To off-set medical subjectivity, rigidity and mistakes of medical boards, the 5th Pay Commission had introduced broad-banding of disability percentages for calculation of disability pension wherein it was provided that disabilities upto 50% would be considered as 50% for purposes of computation of disability pension, those between 50-75% would be treated as 75% and above 76% would be taken as 100%. This was considered imperative since different medical boards were granting varied percentages for similar disabilities leading to errors.

However while implementing broad-banding, the MoD extended the policy only to those prematurely invalided from service and not to those who had been granted disability pension on completion of terms or on superannuation though the latter were also affected by the same medical subjectivity. This action of MoD was also against existing rules since defence pensionary provisions provide that all personnel released in low medical category were to be deemed as ‘invalided’ for purposes of disability pension.

The AFT’s Chandigarh Bench had ruled in August 2010 that discrimination between invalided and other low medical category personnel was not justified. This was followed by similar favourable judgements by the Supreme Court in 2011 following which the Army HQ and the Chief of the Army Staff had directed that no further appeals were to be filed in SC on similar matters. It may be recalled that it’s the Adjutant General’s Branch which is responsible for taking a decision whether to implement a Court decision or to file an appeal against it.

Despite directions by the COAS and SC judgements, the MoD has gone ahead and filed such appeals, which, ex-servicemen opine, is not only demoralising but shows the convoluted approach of lower bureaucracy which keeps the top brass of the MoD in the dark about the actual position. Veterans feel that rather than amending its arbitrary policies in favour of disabled and war-injured personnel, the MoD is more inclined to pay hundreds of crores of rupees as legal fee to Govt lawyers in the SC out of tax payers’ money. In fact, it is learnt that the former Secretary of DESW, Ms Neelam Nath, had, in 2011, granted an in-principle approval of rectification of the anomaly but the file was given a negative twist by lower-level staff.

Even on other occasions, the Defence Ministry has been clogging the dockets of the SC by filing appeals against verdicts granting disability pension to disabled and war-disabled. Most of the appeals filed by the MoD in the Supreme Court against High Court and AFT decisions relate to handicapped veterans and their claims to disability pension. In many cases, the Ministry fields top govt lawyers including the Solicitor General by spending heavily in issues involving grant of a disability pension amounting to a few hundred rupees. Defence personnel of lower ranks are mostly unable to afford legal help in the SC because of the exorbitant costs involved leading to uncontested decisions at times.

ECHS WEBSITE: http://echs.gov.in

It is informed that ECHS has opened their own independent website with all relevant rules, regulations, empanellment proceedure, treatment etc.
A must see / visit for all.Also offer your valuable suggestions for improvement of the site.

UPDATE RANK PAY CASE AS ON 18 Jan 2012

Though the case was listed for 18 Jan 2012 in Court no 9, in the Hon'ble Supreme Court, it did not get chance to come up for hearing. Reason: The case which was partially heard yesterday was contd today and took up the whole day for arguments. At the end of the day all cases which were scheduled for 18 Jan 2012 were given fresh date of 21 mar 2012.

Not to be disheartened. Another date!The interest clock is ticking!

ANOTHER SPANNER PROPOSED BY UOI: IV CPC RANK PAY CASE

The UOI has suggested another 'spanner' to cause delay in the IV CPC rank pay case.In its affidivit filed the UOI says that the Central Govt is open and willing to constitute an independent commission headed by a retired judge of the Supreme Court to examine the correctness of the implementation of the recommendations by IV CPC related to rank pay as given in para 28.113 of its report and to make recommendations for further improvements to the proceedure for disbursement of pension to retired Armed forces personnel based on Govt orders subsequent to VI CPC recommendations

THIS IS PURE HOGWASH AND ONLY TO DELAY MATTERS. RDOA IS NOT GOING TO BUY THIS LINE OF ACTION.

Further it says:Apart from the enormous financial implications, actual implementation of the Hon'ble Court's order would involve the following stages;
(a) Revision of pay of offrs on 1/1/1986, 1/1/1996, and 1/1/2006 with simultaneous revision of all pay linked allowances/benefits.
(b) Calculation of DA on slab basis from 1/1/1986 to 31/12/1995 is time consuming
(c) Revision of retirement benefits (gratuity, leave encashment)of offrs retiring after 1/1/1986
(d) Revision of pension on 1/1/1986, 1/1/1996, 1/1/2006.
(e) Revision of family pension based on revision of pension of offr
(f) Payments to be made to legal heirs of deceased offrs
(g) Interest @ 6 % per annum for upto 24 yrs in each case will have to be calculated and paid.
This would be a protracted exercise taking a lot of time and involving huge manpower as each case will have to be examined/ calculated individually.

RDOA comment. UOI is responsible for this faux pas and should do the needful and pay the offrs their legitimate dues. The Court should raise the penalty to 18% for causing unnecessary delays in implementing court orders.

Next hearing is due on 18 Jan 2012