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
22 comments:
There is no point in asking for higher penalty of 18%. What will work is to ask for making good the amount due towards Armed forces personnel from the Pay and Allowances of the Babus, responsible for the accrual.
Wg Cdr Rajendra Bharatiya
Allahabad
"........examine the correctness of the implementation ........ "is nothing but pure BS.
And paras a) to 9) show how cunning and clever the Baboos are in obfuscating the issue.
It is attempt to fool the judiciery by putting up concocted confusion.
It is surprising how the learned Judges digest this nonsense.
"........examine the correctness of the implementation ........ "is nothing but pure BS.
And paras a) to 9) show how cunning and clever the Baboos are in obfuscating the issue.
It is attempt to fool the judiciery by putting up concocted confusion.
It is surprising how the learned Judges digest this nonsense.
Gp Capt(Retd) H Rajagopal
Mysore
This appeal by the UoI is an implicit admission of GUILT. They admit that they have erred. Now which law permits a crime to be perpetrated and the Criminal getting the choice of punishment? Is the Indian legal system so naive. Do we need a change in the legal set up if it is incapable of delivering Justice and can be subverted by the Bureaucrat.
When a crime is committed and the convicted party cannot pay the fine he/she is imprisoned for the amount of fine. Will the Apex Court sentence the Def Secretaries and the Bureaucrats who have handled the files to imprisonment for at least 7 years each since that would be the equal amount for compensation.
Lastly, will the Apex Court accept this insult to the highest Court of the land. After innumerable abstinence from hearings on flimsy grounds the AG and the UoI have suggested that the Final Legal Bastion - the Apex Court is incapable of delivering Justice and hence a Commission be set up to set things right. This is a Direct insult and Contempt of Court for which a plea of issuing non-bailable warrants against the AG and the Bureaucrats preparing the case should be initiated.
If calculations are difficult the Armed forces should be given the benefit of doubt and a lump sum to be paid as was done in the fixation based on service after the 6th PC. This should only be done after a heavy pecuniary penalty is imposed on the Bureaucrats involved in the case. If tracing the records of many Service personnel is dificult it will not take the Govt long to trace out the bureaucrats and those who have retired and deduct the pecuniary fine from their salaries / pensions. Why should the victim suffer when the criminal goes scot free.
The Court should ask the UoI why it can suggest giving pensions to NoK of terrorists and NRIs but cant give the rightful dues to the Servicemen.
Perhaps, the services HQs can now step in with an assurance there'd be no problem in calculating the arrears due. A spreadsheet program would meet the requirements very nicely. All that'd be required, based on the judgement of the Hon'ble Supreme Court, would be the rate at which the interest on the arrears would need to be compounded wef 01 January 1986 till the present time.
I do not see the calculations of arrears as a problem at all. They could fix it on a rank basis and pay as lumpsum. It appears it is just an excuse not to do and lacks the will since the baboos are not the beneficieries. I am sure that Apex court is aware of such craftiness to set up a commission and they can read between the lines. Surely they Apex court is not going to buy it from these baboos.
Indian bureaucrats have 'terrific powers', rated worst in Asia
Indian bureaucracy is the worst in Asia with a 9.21 rating out of 10, according to a report by a prestigious consulting firm based in Hong Kong.
SINGAPORE: Indian bureaucracy is the worst in Asia with a 9.21 rating out of 10, according to a report by a prestigious consulting firm based in Hong Kong.
India fared worse than Vietnam (rated at 8.54), Indonesia (8.37), Philippines (7.57) and China (7.11), said the report by Political & Economic Risk Consultancy Ltd released on Wednesday.
Singapore remained the best with a rating of 2.25, followed by Hong Kong (3.53), Thailand (5.25) Taiwan (5.57), Japan (5.77), South Korea (5.87) and Malaysia (5.89).
The report said India's inefficient bureaucracy was largely responsible for most of the biggest complaints that business executive have about the country.
The complaints included inadequate infrastructure and corruption, where officials were willing to accept under-the- table payments and companies were tempted to pay to overcome bureaucratic inertia and gain government favours, the report claimed.
The report also highlighted onerous and fickle tax, environmental and other regulations that could make business in India "so frustrating and expensive".
It said dealing with court system in India was an unattractive option for companies, and would be best to avoid it.
The bureaucrats were rarely held accountable for wrong decisions and it would be extremely difficult to challenge them when there were disagreements, it said.
"This gives them (bureaucrats) terrific powers and could be one of the main reasons why average Indians as well as existing and would-be foreign investors perceive India's bureaucrats as negatively as they do,"said the report.
By courtesy Times of India
The apprehension of delays by RDOA is fully substantiated by the above report. RDOA, as such must pre-empt, through its distinguished Advocates, any derogatory effects of the attempts of UOI, to sabotage “the Rank Pay Case”
It would be really amusing to show this UOI affidavit to a few students of 10th /+2 standard and watch them having a hearty laugh on the expressed difficulty in calculating the DA on slab system being TIME CONSUMING.
The other difficulties expressed in the affidavit are equally laughable.
The Babus will only stop this type of nonsense if they are penalized/jailed for criminal conspiracies hatched by them to delay/deny the legitimate dues to the defence forces
@Abe:"...They could fix it on a rank basis..." :
That's taking a far too conciliatory view of what the offending party needs to do. The monthly pay of each individual Officer affected can be tabulated right from Jan 86 with all the allowances. The arrears, and the interest due, can also be calculated on a month-wise basis. Such exercises are routine. So let's not go overboard and extend too much of a helping hand to the people who shouldn't have created this mess in the first place. They need to account for every paisa they've denied to the affected Officers and suggestions about rounding off or rank-based-fixation is only going to help the authorities to further deny the affected Officers and retirees of their legitimate dues.
Our lawyer should be able to explode govt's plan of putting it off by appointing a commission.I hope justice is done for all suffering brother officers expeditiously.
Why are Services Chiefs silent against injustice. It is time for all of them get together and THUMP the tables of the The president and The PM, to get justice for their retired colleagues. Injustice to retired servicemen,has direct bearing of the moral of those in service,and is a discouragement to better quality of new entrants. Indian Armed Forces are already hobbled by critical shortages of officers and properly qualified manpower in all the other ranks. The Babus and the Politicians are playing with the National Security, at a time when the Nation is facing serious challenges from internal and external foes.
@ Raju Bharatiya said, "There is no point in asking for higher penalty of 18%".
That would be an erroneous assumption. Some had said at the outset there was no point asking for arrears. Aren't we glad Maj Dhanapalan did not heed such wrong advice
Defeatist reasoning kills an issue before it's even addressed. So one does hope, 18% would be asked for. That's the 'going rate' for litigation of this nature.
There are 2 more days to go for the SC to decide. RDOA's legal team must oppose any more delays by citing that certain increases were carried out be the bureaucracy because they stood to gain. As for calculation and re-calculation, MoD has to do nothing because every CDA has the complete records - payments, deductions, penal deductions, dates of promotions, commencement and cessation of allowances, leave entitlements etc because each CDA audits these and makes payments of pension, LE, DCRG etc based on these records. I hope the RDOA legal team emphasises this in the SC. Best wishes.
Jai Hind
Dear Satty,
These were averments submitted in the Additional Affidavit of 11/11/2010 in Para 30 - all that extra effort required and Para 31 about the appointment of a Committee etc. It is nothing new and must have been dealt with by the RDOA's legal team.
Many hearings have taken place subsequently - so let us not get depressed/demoralised or whatever and hope that the SC delivers its judgments either upholding the order of 08-03-2010 or masking changes it deems necessary because it is "settled law" ad Maj Dhanapalan has been paid. It cannot be recovered from him.
Air Mshl (retd) S Y Savur PVSM AVSM
Please amend to read as last sentence as 'making changes it deems necessary because it is "settled law" as Maj Dhanapalan has been paid'.
Errors regretted.
Air Mshl (retd) S Y Savur PVSM AVSM
MOD can be told by the SC to outsource the calculations of arrears & documentation etc, by employing a suitable agency/firm.
@AS:"..outsource the calculations..." ;
Or hire all participants on this Blog as consultants for a couple of years to work on this and all other pending issues :-)
Today is the hearing. If The AG Vahanvaati abstains the RDOA must demand a non-bailable warrant aginst him for contempt and mockery of court and a ex-parte judgement. The Court must be informed that this modus operandii of the MoD to harass has culminated in a COAS going to Court. The Court is the only savoiur of democracy. Also the suggestion of setting up a commission to rectify the anomaly at this stage is an attempt to obfuscate the issue and is also a contempt of the Apex court since it implies and accuses the Apex Court- the Highest court of the land as being incapable of delivering justice.
Sirs, seasons greetings.
Even when there is a lull in the SC, the SG keeps himself absent on one reason or the other.
Now that there is a "HOT AND EXCITING REASON/EXCUSE OF DOB ISSUE" I wonder, the SG may make full use of this to drag for another 3-4 months or more, till the Chief retires.
Is it possible for RDOA to share exactly by what amount were the different payscales affected in the period Jan 86 to Dec 95?
It is understood there was no discrepancy in payscales in the period post Jan 96 except that the V CPC and VI cpc pay fixations would stand altered on account of the discrepancies in the pre Jan 96 period.
A confirmation in this regard would be useful. Thanks.
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