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.
I request for comments pl. The Order of 2012/2010 refers only of arrears of Rank pay and not cumulative effect in following Pay commissions of 96/2006. If this is correct i feel we have been cheated.
ReplyDeleteCols Sharma & Satwant, Sr Adv Mahabir Singh, AsOR Gp Capt Bhati and Ms Aishwarya Bhati, thank you for the quietus.
ReplyDeleteA battle fought with knowledge and tenacity that only Armed Forces know how to fight. Sadly, agonizingly the enemy was our own MoD.
Sharad SY
@Alok: The judgement includes this passage: "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".
ReplyDeleteHelllloooo! Are we reading right?
Maybe, RDOA will put everyone out of their misery and let it be known how the calculation will be done.
@corona8, This is what an email from Naval chapter, Banglore, quote "in consultation with Naval Pay Office" unquote reads: -
ReplyDeleteFinancial Implications
11. An exercise has been undertaken to arrive at the financial implications, in consultation with Naval Pay Office. The financial implications involved revision of pay including arrears thereon in respect of serving and retired officers, w.e.f 01 Jan 86, which works out to approximately Rs 60,00,00,000 (Rupees Sixty Crores).
12. Prima facie, the benefit would be the difference of lower basic pay fixed and this newly approved basic pay, consequent to adjustment of rank pay. During the currency of IV CPC, this benefit would be in the range of Rs 150/- to Rs 300/- p.m. per officer. Majority of officers would get additional pay leading to arrears with 6% interest in between Rs. 1 Lakh to Rs. 1.8 lakhs. Some of the examples are placed at Appendix to the brief.
Implication On Status and Subsequent Pay Commissions
13. While the Hon’ble Supreme Court Judgment primarily pertains to officers of the rank of Lt to Cmde, as on 01.01.1986, it however provides a fresh impetus and adds strength to the stand taken by the Armed Forces in the ongoing deliberations on incorrect Pay and Grade Pay fixation. With the Supreme Court Judgment implying that Rank Pay is over and above the basic pay and should never have been deducted from the basic pay in the first place, one of the major implications would be the revision of pay scales in the Vth and VIth CPC. The element of Rank Pay that was earlier deducted after fixation of pay would now have to be added.
This comment has been removed by the author.
ReplyDeleteThis comment has been removed by the author.
ReplyDelete@--; That information is most enlightening. In the absence of the exact norms of the calculation to be performed, or information on the manner in which Major Dhanapalan's arrears were worked out, I have attempted to highlight some of the possibilities in this blog post
ReplyDeleteDear all, ther govt. babus are known for their wicked interpretation.
ReplyDeleteAs Alok said if they interpret the rank pay of 1986 only and not subsequent PCs, the WE ARE CHEATED.
STILL I HAVE AN OPTIMISTIC VIEW ONLY AND THE IMPLEMENTATION WILL BR DOME IN BOTH "LETTER AND SPIRIT"
V.SUNDARESAN