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
44 comments:
Dear Col Sharma,
Please excuse the CAPITAL letters, but I cannot hold my joy for winning
CONGRATULATIONS
THANK YOU
Air Mshl (retd) S Y Savur
A glorious day for RDOA and all the Officers, serving and retired, whose cause the association espoused.
Cols BK Sharma and Satwant Singh,
Sirs,
Hats off to the RDOA for the BIGGEST off battlefield victory for the Armed Forces!
This is a RED LETTER Day!
Dear all,
Congratulations to the office bearers of RDOA who relentlessly progressed the case against all odds.It is a wind fall for those officers who were on the strength of three services from 01 Jan 1986 till 31Dec 2005.Hope GOI/MOD do not approach to Hon'ble Supreme Court of India to form a constitutional bench to hear the case!This is the only remedy available with them to prolong the matter. My gratitude to Col Sharma and his dedicated team of RDOA for the feat. Lt Col B S Chaudhary
Well done and well fought.
congratulations.
Thank you.
Lt col Arun Kumar
@Lt Col BS Chaudhary,
In my basic opinion it is not an issue for the Constitutional Bench because (1) Maj Dhanapalan (retd) has already been paid and it is a settled law, (2) There isn't any infringement of the Constitution to be decided by the Hon'ble Supreme Court, and (3) It is a 3 Member Bench, large than the 2 member Bench that decided in March 2010.
I hope some will clarify if I am wrong.
DEAR RDOA AND ALL
A VERY BIG CONGRATS AND THANK YOU
WG.CDR.V.SUNDARESAN(RETD)
Congratulations to the entire RDOA team & its lawyers!Let us keep our fingers crossed till we get paid the arrears due to us since 1986 !! It has been a very very long waiting period for all the veterans !
KUDOS again to the RDOA team & its Lawyers !!
"CONGRATS". Well fought and Well won.
My Heartiest Congratulations to you Col B K Sharma, Col. Satwant Singh and all others of the RDOA team and the lawyer team who have worked tirelessly to get this favourable judgement in the Rank Pay about two and half years back in the first place and then, when the UOI appealed, fighting tooth and nail to get the judgement upheld finally (albeit some change about the date applicable for interest). It is commendable effort!!!
As you and others had mentioned time and again the "Selection and Maintenance of Aim" was steadfast by you and your team all along. The perseverance, tenacity and cool-headedness shown by you and those in RDOA through out these years amid-st many skepticism, pessimistic remarks, and even some discouraging acts is praiseworthy.
Once again please accept my sincere congratulations and pass on the same to others who worked so hard to achieve the end result.
Now let us hope the Government is magnanimous enough to disburse the amount due to us without dragging its feet.
Best Regards,
Baba
Heartiest Congratulations to RDOA & team of their lawyers.
There is great relief and joy in a long denied entitlement being restored in this great manner.
More than the monetary aspect, there is this sense of joy at wrong reasoning having been thwarted and defeated.
Great work, RDOA!!
I salute the RDOA for the perseverance, patience and relentless pursuit in progressing this case to finality.
My Salute to Col B K Sharma and Col Satwant,as a member of the RDOA,I am very Glad to hear the good news.I am currently abroad since last two months,will be returning in mid Sept and would like to convey my thanks personally.
Well done and Keep it Up!!
More Strength to the RDOA!!
CDR N S Chauhan
I salute untiring efforts of Col BK Sharama and Satwant singh. Many thanks and congratulations sirs.....
Wing Cdr PJP Singh Waraich(Retd)
I SALUTE THE EFFORTS OF WHO MADE THIS POSSIBLE.
RDOA has done what others merely tweeted, blogged or made statements about, viz., provide an active platform for pursuing the difficult and frustrating legal process. No praise will be sufficient.
This also opens up the possibility for RDOA to open up discussions and invite suggestions for other issues of a similar nature so that affected veteran officers may not expend their energies wastefully in scattered, individual legal cases on similar issues.
One issue that readily springs to my mind is the pet peeve of many regarding the way AVS-I was implemented in a discriminatory way.
Once again, for RDOA, a salute.
My heartiest congratulations to all the office bearers of RDOA, who left no stones unturned to achieve a great success for the Defence officers/veterans. We must all also salute and recognise the pioneering efforts of our beloved Maj Dhanapalan who initiated the case and set the ball rolling to make it really a historic case.
Undoubtedly a great news of the quarter century, favouring the defence officers/veterans of India. It is hoped that the Government of India would now at least honour the judgement and abide by the ruling of the Apex Court and issue orders for crediting the arrears within the specified period of 3 months and not drag its feet again.
RDOA should continue to be the watchdogs till its final implementation.
Regards
Col LK Anand Retd.
Sir...The timings of the earlier posts ought to have been shown as "p.m." instead of "a.m." on 4th September. As of now, it gives the impression that the posts precede the SC Order !Will RDOA correct me/the timings, please?
My heartfelt gratitude to RDOA for its tireless efforts and to the apex Court for finally delivering justice.
Wg Cdr Rajendra Bharatiya
05Sep2012
Further to my just-sent post about the timings of the earlier posts...
A BIG THANKS to all those who have toiled for over two decades to secure justice for the affected . I am one of the affected !
WELL DONE. COGRATULATIONS TO ENTIRE TEAM OF RDOA.
COL R S SEKHON
congratulations.sharma and satwant have acheived great despite limited resources.other esm org/asso have done very little (A BIG ZERO).RDOA should remain on map and be vigil
ent to protect our interests.they should not allow to be swalowed by those big name assos to neglect us/real issues.strenthen the RDOA .invite and accept resources.
Is it a good idea to make RDOA as nodal agency to fight all cases of ex-servicemen
Ramu Dasari
Dear sirs,
I had expressed my feelings through a separate e-mail and once again I congratulate on the victory. One question which comes in my mind is that who all be beneficiaries of the order? Only those whose cases were pending in the courts or every one, i.e.even who had not filed the case either individually or in a group?
Wg Cdr B C Mittal
@Sharat Mittal, my understanding is (1) who is eligible: - everyone who was in service as a Captain to Brigadier or equivalent between 1.1.1986 till 31.1.2005, those who retired in these ranks between 1.1.1986 to 31.12.2005;(2)it includes EVERY one fulfilling the above requirement, EVEN THOSE who did not file cases in any High Court in India, with the Armed Forces Tribunal(s)OR WERE members of the RDOA in connection with Rank pay; (3) for those who retired after 1.1.1986 and till 31.12.2005 their pensions will be enhanced in addition to arrears+interest; (4) for those still in service with rank as on 1.1.1996 as Capt, Maj, Lt Col, Col or Brig and (5) NO RANK PAY from the day the officers were promoted to Maj Gen, Lt Gen, Gen or equivalents any time after 1.1.1986.
Please correct me any one who thinks he is wiser than me.
Sharad S Y
For "OR WERE members of the RDOA in connection with Rank pay"please read "OR WERE NOT members of the RDOA in connection with Rank pay."
Apologies Cols Sharma and Satwant.
Congratulatiosn Team RDOA. Amongst all the organisations claiming to be working for veteran welfare, you are the only one's who have achieved results. You had your facts correct and the perseverence to follow through. The others keep writing letters to all and sundry (which are obvioulsy consigned to the dust bin without reading).Yet they claim to be veteran leaders! It is time you took over the legal fight for issues like Disability Pension broadbanding and OROP. My humble vote is with you.
Anyone interested, there is a rough Excel calculator formatted by a retd Brig of Signals. If one wants a rough idea (with some tweaking because he had formatted 6% interest from 1.1.1986)one will have an idea. Please email me at sharad10525@gmail.com.
Please factor in income tax from 1986 to know arrears of rank pay alone.
Sharad S Y
Dear Sir,
A comment by a brother officer in Maj Navdeeps blog says 8.5 L will the arrears after tax for officer of 19 years service !.
Kindly have an article from knowledgeable sources on the mount of arrears at various years of commission so that people have realistic expectation and are not left disappointed by dreaming of high figures.
Thank You
Arrears including tax will be 8.8 lakhs for an offr who was Maj on 1/1/1886,became Lt Col in Nov 1993, Col on Jan 1997 and Retired on 30 Nov 2001, taking Rank pay/Reemployment Rank pay/less pension/commutation/Lve encashment.Taking interest of 6% wef 1/1/2006. Without commutation it will be 8.1 lakhs.
For 8.8 read 7.8 and for 8.1 read 7.1
Heartiest congratulations to Colonels Sharma and Satrwant. It has been pleasure interacting with them, rarely though, and they have had the tenacity to fight for justice to servicemen with all odds.
They have set an example for commitment to the right cause and bringind success against a system which has been so insensitive to soldiers plight.
Best wishes on their next step. We are together.
Lt Col (Retd) V Mishra
Regret errors in my above post:
Kindly read the correct name Col Satwant Singh.
Read 'bringing' for bringind.
@Col A.K.Sarkar, is it possible to let me know the basis of calculations?
Sharad S Y
@COL A K sarkar:"..7.8.."; You must be a whiz at excel, I bet.
While working out the revised emoluments did you use the formula Arrears For Jan 86 = [{ (unrevised_basic for jan 86) + (da) + IR + (20% of unrevised_basic) + (rank pay wef Jan 86) }Rounded Off to next stage in payscale] - { (revised basic fixed for jan 86) + (rank pay wef Jan 86) }?
Or did you use Arrears For Jan 86 = [{ (unrevised_basic for jan 86) + (da) + IR + {20%of (unrevised_basic+rank pay)} + (rank pay wef Jan 86) }Rounded Off to next stage in payscale] - { (revised basic fixed for jan 86) + (rank pay wef Jan 86) } ??
It'd be nice to learn how that pans out.
May I request RDOA to upload the Supreme Court Order dt. 08 Mar 10 so as to understand how the date of payment of interest has been set? I see that the said order merely directed UOI to pay arrears of pay w.e.f. 01 Jan 86. It did not specify the date from which interest on arrears is to be paid.This date has now been set as 01 Jan 2006.
If our original application was only for the arrears of pay, it ought to have been modified at an earlier stage to seek fixation of date from which interest on arrears is to be paid.
Can RDOA clarify on this issue of setting the date for payment of interest on the arrears as 01 Jan 2006 ?
Dear Col Sharma, Col Satwant Singh and All Other RDOA staff,
My Heartiest congratulations for the way you people persued the Rank pay issue and WON the Battle in the highest court in the country. Babus should think twice to fool us again. They have to learn many things from this case.Hope the court shoud have taken cognisance of the error committed by the babus-intentionally- and should have penalized!
However Justice prevailed Atlast!
thanks again
Supreme Court order of 08 Mar 2010 is available on http://sites.google.com/site/rdoaindia
Complete order has been uploaded.
2 It took 30 mins argument to decide on cut off date for interest.Not possible to list arguments.
3 It took another 30 mins to argue that the benefit shud be extended to all across the board rather than only to litigants.SG was bent on saying that it shud go only to litigants.
Respected Sir,
We are artificer cadre pf Indian Navy. i am a JCO as per rank structure by navy has created a unique rank for artificer thereby giving us the responsibility of JCO but downgrading the grade pay to 3400 thereby degrading our rank and status. we have filed a case in high court which was later transferred to Aft where they reverted the high court order and verdict was sentence against us and then an appeal was raised which was also rejected then we moved to Supreme court. Our case is in SC since 2011. Pls guide us through for a early judgement and the Do's and Dont's. mail us at determine2win@yahoo.com.
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