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
34 comments:
notwithstanding the authencity or otherwise of the DGL in circulation, it will be worth mentioning that DGL if and when issued should be as clear as theone under circulation. two issues raised by harry, multiplication factor for rank pay as it is basic pay and grade pay for colonels at a particular service should be incorporated correctly. two line government letter will give a field day to all and sundry to further misinterpret the implications of judgement. it is sincerely hoped that DGL as and when issued will be as detailed and give implications clearly for all ranks and on various dates.
i hope RDOA is following this issue closely. thanks sir.
"..two issues raised.."
There is no end to posturing and philosophising about what or what should not happen.
A verdict was obtained. Due process is on. Surely people can give their intellectual exercises on the issue a bit of a rest till RDOA can co-ordinate the final outcome.
Floating of letters of dubious authenticity and speculating endlessly on the contents is misleading and irresponsibe to say the least, and a bit tiresome to boot.
Point Number One - If the Govt letter had a reference number, date and signature, then it would no longer be a Draft GL.
Point Number Two - it would be relevant for all of us - members of RDOA especially - to understand if the DGL makes sense.
Point number Three - sputniks always try to fall out of the sky when their time in orbit is over. UoI has fallen out after the 4-9-2012 ruling of the Supreme Court. It is now the credibility of the Learned Solicitor General that is at stake because he gave the assurance to the Supreme Court that UoI would implement the ruling within 12 weeks.
PLZ do not forget to add the DA, HRA, Tfr Gts,D pay, Arrears ect while calculating Rk pay calculations prevalent at the time of respective pay commissions. Since all these are also based and need to be incl in pay calculations.
Perhaps the RDOA leadership will enlighten its members by emails, if not on this blog, as to what has happened so far.
We have entered the seventh week of the 12 weeks and all that we hear is the sounds of silence (with apologies to Simon and Garfunkel).
At last I managed to get hold of the purported DGL. It adds more by way of detail dwelling on what the UoI submitted in its additional affidavit.
It also appears to be the work of some person(s) who have knowledge of the actual fiscal working of the pay and allowances.
The MoD might be busy with the Combined Commanders Conference, which is to culminate with an address by the Prime Minister in a day or two.
May be we will hear more after that, as the countdown is half-way through.
@Aerial View:"Sounds Of Silence"; I don't think we need to be saying Hello to darkness, our old friend, just yet. I'd heard it in passing the letter was to be vetted by the Law Ministry. RDOA are in the best position to shed some light on the current status.
@sunlit, that is the crux of my "sounds of silence" comment.
2. The Supreme Court gave a judgment on 8.3.2010 against which the UoI filed IA 9 of 2010. The Supreme Court re-affirmed its judgment of 8.3.2010 with clarifications on 4.9.2012: - (2.1)interest only from 1.1.2006, the date RDOA filed its WP (c) converted to TP (C)56 of 2007; (2.2) Judgement applicable to all similarly placed officers, irrespective of their filing cases; (2.3)recording the assurance of the Learned Solicitor General that payment would be completed within 12 weeks from 4.9.2012.
3. There is a precedent (and MoD lives and swears by that)of the Govt letter for payment of arrears to the pioneer Maj Dhanapalan. Only the interest criteria has to be added and there is no ambiguity - 6% from 1.1.2006.
4. The only recourse of a Review Petition was exhausted when UoI filed the IA.
5. Now there isn't any legal interpretation left for MoD to refer to Law Min.
Mysterious are the ways of MoD and RDOA alone can shed some (torch) light on it.
@Aerial View:"..legal interpretation.."; Well, that is one aspect that's always on the cards. The judgement does not specify which exact formula to use or at which specific point to fix someone's pay in the payscale. The judgement has to be read, interpreted and executed.
Now, at what stage lies the process of issuing the GOI letter, is hard to determine for anyone other than the former litigants viz., the UOI and RDOA.
@sunlit,
The UoI in the addl affidavit para 30 clearly specified what and how increases in emoluments would take place. So, as the 4.9.2012 judgment upholds the submissions made till that date, there should be no requirement for legal interpretation.
There is a DGL (unsigned, undated and without reference, as a draft should be) mentioned in the Advisory, which contain many pages of specifics. From the wordings it appears an IAF document. I had it scrutinised by an Accts branch whiz kid and he could not find fault, given that he took a few days to cross-refer things.
That the draft is somewhere in the maze called MoD is confirmed because the services were asked for and sent over, not wanting to be made a party to contempt proceedings by delaying. Now, will the US who signed the addl affidavit process it and how soon would be subject of a RTI letter. I will do that on 4/11/2012 because then it would be just 4 weeks left of the 12 weeks assurance of the Learned SG.
In the meantime I pray that the RDOA does break its maun vrat.
well, at this stage to wonder as to what is the interpretation of the judgement of the honble court is self defeating to say the least. all those who are in the loop or in the knowhow must make it a point at every forum, stage or wherever that nothing short of what the government has committed in its affidavit is acceptable. as most comments indicate that government letter as and when issued should be unambigous and give out effect for various ranks at various dates that is for 01/01/86, 01/01/96 and 01/01/2006 in the form of tables and explanation notes like the DGL floating around. Whereever there are more than one option available for fixation etc, it should always be the one with higher effect that should be taken. And this time, hopefully government will play its part in a more positive manner,
@aaa:"..self defeating.."; How so? Nothing at this stage can be self or other defeating. There is no need to speculate or worry about how it will be interpreted because interpreting the judgement, within the limits that the judgement itself allows, is the prerogative of the litigating parties; others' opinions, though nice topics for online conversation and chatting, don't really count for much. Best to wait for RDOA to enlighten.
To those worrying how to respond to PCDA(O)request for information - please refer to Records Retention Schedule issued by Govt of India’s Department of Administrative Reforms and Public Grievances dated 27 July 2004, Part G – Finance, Budget, Cash and Accounts Contd from pages 53 to 57, specifically; Serial Number 12 - Pay, Serial Number 13 - Special Pay, Serial Number 14 – Allowances, Serial Number 15 – Increments and Serial Number 19 – Pension Gratuity wherein vide Remarks in Column 4 it is directed that destruction is
“Subject to suitable entries being made in the appropriate service records and an authenticated copy of the order being placed in the personal file.”
Also GFR 1963 amended as GFR 2005, Rules 289, Annexure to Appendix 13, entry number 3 (pages 107 and 108) which reads Arbitration and litigation cases – 3 years - and in Remarks column “(a) subject to the file not being closed until the award/judgment becomes final in all respects by limitation or final decision in appeal/revision; and (b) cases involving important issues or containing material of a high precedent/reference value being retained for an appropriately longer period either initially or at the time of review”.
Cheers & Happy Dussera
silence on all fronts.....
let us hope that the silence is golden
Dear aaa, It is only 7 weeks gone and 5 weeks to go.
Might be we will get it for Diwali, or Chacha Nehru's birthday or even Indira's birthday.
In ancient days, warriors always rested after a strenuous battle before going into the next battle.
yes five more weeks to go ...for what .. for a government letter... we are being optimistic to the hilt.....
@aaa:"..for a government letter.." ; Not really. That ought to be amended to read, "For the actual payment". Issue of the letter and other processes would need to be completed well before that date. That's what the judgement says.
@corona above,
even if a detailed government letter meeting aspirations of defence fraternity is issued in next five weeks, that itself would be good enough. expecting issue of government letter and then dues within five weeks will be too much of expectations from the babudom and PCDAs.
PCDA(O) has not yet worked out details for the additional increment order issued by the government on 01 August 2012. this letter was marked most immediate and still reached PCDA(O) in last week of Septemebr 2012. And fully knowing that government order has been issued and there is no confusion in the order, still PCDA(O) has not given any confirmation of crediting it for all affected offices in October 2012. So much for their concern for armed forced on account of which they take all the privileges. And mind u, there is not even a link in the scroll of PCDA(O) bringing out as to when these dues will be paid. So much for proactiveness.
On the other hand,where there is no government letter in rank pay case, they have shown their proactive concern with the only intention to create confusion and nothing else.
long live babudom and PCDAs.
@aaa:"..too much of expectations.."; Let's not forget, in this case there's a 'contempt of court' sword hanging over the heads of those who have to comply by the due date.
@ corona above,
babudom must be working overtime to avoid contempt of hon'ble court not by implementing the order but by formulating some reasons for not implementing it in time and requesting hon'ble court for extra time.If babus were really concerned, they would not take too long to issue the implementation order and leave no time for its actual implementation by PCDAs.
mind u, PCDAs will take their own time in receiving the letter, when even most immediate letters do not reach them in months. and then interpreting it, asking clarifications after due delay and CGDA going back to ministry for clarification. ministry going back to ministry of finance, DOPT etc etc for further clarification. and then giving clarifications which will further lead to confusion and more clarifications. and then banks playing havoc with retired officers, asking for documents, proof, modification to PPOs etc and what not. this is one long process that is going to be never ending and the only people who will be sufferer will be faujis.
so let us first wait for the implementation order which if all encompassing and adequately clear will at least make us happy that at least the initial instructions are clear. that just will be stage 1 of god knows how many stages one has to go through.
but should we be pessimistic. no way. let us hope that nothinglike what i have written above happens and everything is implemented in five weeks (obviously diwali holidays in between- so actually working time in delhi and PCDAs one can imagine. most of the offices will not have more than 30-40% strength during this period)
Countdown - 4 weeks to go
Rumours, grapevine, speculation is that we may expect some good news before Diwali.
If it happens, remember that "I told you so."
@--;"..speculation.."; The additional puzzling factor now is, will the revised pension (COS recommendations) and the revised pension on account of rank pay be announced together at the same time? The two matters are distict and enhancements due from one should further enhance the other. In the confusion, only one enhancement may be effected.
even when there is no puzzle, we would make it look like one. and even if there is one, there are lot of government officials being paid to do this job. Have we ever had a case when due to a so called puzzle, something has been denied to civilians, or to audit people. But we are very scared of some puzzle. If such a simple puzzle as implementing two orders (hon'ble court judgment and COS recommendations on NFFU etc can not be implemented,then Indian babus and auditors should be removed from government duty immediately. I am sure they are as capable and efficient though they lack the motivation for obvious reasons because no one pushes them too hard.
@AAA: The "puzzle" here is how are the two different enhancements (arising out of Rank Pay Case and COS Recommendations, respectively) going to be worked out. In combination or separately? Would one be at the expense of the other? If you have a clear answer to that, do share, then it will no longer be a puzzle :-)
@dhoop
why should one enhancement be at the expense of the other? in view limited view, first rank pay case should be applied and pay refixed wef 01january 86, 96 and january 2006 for all. thereafter NFFU should be applied/made applicable wef from 01 january 2006 duly modified for service conditions. it can not be otherway round that is first apply NFFU and then rank pay case because ray pay case has effect on all the offices who were in service in january 86 or got commissioned thereafter (as also accepted by the government in its affidavit)
both issues should be worked out together and announced by the goverment may be through two different government letters to avoid any confusion.
more than this is beyond my limited knowledge of the case.
thanks, let us for once assume that government officials will be positive and efficient in working out the modalities inspite of their attitude and of course diwali holidays notwithstanding. And may be by diwali, government letters would be out. but we can only hope, hope and optimism is the only mantra for faujis. they do not know what to do otherwise. faujis have it in them to stay hopeful inspite of all the odds... and in these cases, there is nothing more that can be done...
@aaa: "..why should one enhancement be at the expense of the other?"
That's the worry. It shouldn't be, but given the attitudes observed over the past decades on such matters, there's no need to be extra sanguine about rational and sincere application of minds by those who are going to deliver the benefits. It may be healthy to keep one's scepticism engine up and running. Better to be puzzled than over-certain.
Rank pay case is the mother of all anomalies.Unless that is sorted out pointless having anything else, be it minimum of pay in pay band, OROP, NFU or grade pay,or pay of Maj Gen/Lt Gen or pension of pre 2006 Majors.
If the Govt wants the others can be resolved by a seperate notification as a follow up.
@ RDOA thanks
that is what I also said above.
rank pay case is to implemented first and of course implemented correctly. if that happens then most of the anomalies would be either addressed automatically or will become much easier and comprehensible to attend to.
though hardly any time left for the government to implement out of 12 weeks time. I hope RDOA is keeping track of the developments.
Now rumours have started floating on chatrolls that UOI have filed a plea in SC for delaying the payment. Regular and brief updates from RDOA would help to keep such things from happening.
Dear corona8,
Heard that things have moved to issue of GL after Min of law & justice cleared the DGL.
Some meeting called by MoD to iron out the wrinkles in the A4 sheets.
So, just wait another week.
@air marshal above,
let us wish and pray that your information/intuition is correct. this wait is just too much......
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