Monday, November 26, 2012

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

 

24 comments:

Aerial View said...

Congratulations RDOA.

There are some Sputniks about MoD still placing hurdles on the applicability of the SC Order only for Fourth and not for Fifth and Sixth Pay Commissions.

I am sure that wise heads in MOD will tell the hot-heads that it would amount to submitting a false sworn affidavit as the Paras 29 and 30 clearly state that changes will have to be made as of 1.1.1986, 1.1.1996 and 1.1.2006 and the total outgo would be Rs 1623 crores.

aaa said...

the instructions are as vague as expected. government letter as and when issued, hopefully will clarify further.

dyonisus said...

yeh TRIPAS kya hai?

dyonisus said...

Smart move by MoD to avoid contempt. As per the said SC order, money should have been disbursed to individuals by now.... They have issued some letter on the final day which is absolutely ambiguous and incomplete thereby trying to delay faujis from filing contempt. Although nothing stops RDOA from filing contempt even now, the same may not be done considering the effort and legal expenses.

OneTopic at a time said...

RDOA must be reading between the lines and the punctuation marks and will realise that Contempt of Court action is legitimate.

The wording of the Uoi/MoD just speaks about complying with the order of the SC of 4/9/2012 but there is nothing about doing it within 12 weeks, which ended today.

So Nay sayers would indeed be happy for NOTHING has changed after 4.9.2012 and we are as far away from getting our dues as we were in 2006.

Just being realistic and looking for the light at the end of the winding tunnel that MoD digs faster than the Metro engineers could in Delhi.

sl said...

Three more cheers for RDOA.

aaa said...

sunlit ji,
what do u make of the two letters please?

dogra said...

GOI/MoD must be complimented to have issued a useless / ambigous letter on last day of default . will it count towards the efficiency or in-efficiency .friends keep guessing and hoping for the best .

Young50 said...

MoD has completely made a fool out of the defence orrs/veterans. This is worst than the onslaught of degradation initiated in 1986. As per SC judgement in letter and spirit, a contempt petition by the RDOA is immediate solution so that we do not keep exchanging Faxes between Service HQ
and various bureaucratic set ups which are dime a dozen! Enough is enough! The two letters as published by the RDOA is totally nonsensical after expiry of 12 weeks of bureaucratic buffeting at its best. God save this country from unaccountable tyranny of bureaucrats!

sl said...

@aaa: The full details are yet to be made available.

The reason for cheering is that on account of the no-nonsense, contempt-petition-readiness mode adopted by RDOA, the first stumbling block has given way.

I was given to understand the DGL was prepared and ready, so the following process, with a bit of nudging and monitoring, should not run into too many delays.

The modalities have, most probably, already been worked out and form part of the DGL with services HQs/TRIPAS.

We'll have to wait for more bulletins from RDOA.

Anonymous said...

BCV reported some GoI letters on the chatroll of Maj Navdeep's blog quoting Brig Khamboj.

Any one knows about that?

aaa said...

@sunlit

thanx

Airco said...

This sort of Govt Letter could have been easily issued on September the Fifth, Two Thousand and Twelve.It does not amount to even part compliance of the Order of the Hon'ble Supreme Court of India but a token payment of ONE RUPEE to each affected officer by 26th November, 2012 would have ! So a Contempt Proceedings against the UOI seems inescapable .All the Best, RDOA !

WG.CDR.V.SUNDARESAN(RETD) said...

In any case, THREE CHEERS TO RDOA. only the threat perception from rdoa has made mod to wake up partially.
v.sundaresan

Col Mohan said...

Could someone clarify what's TRIPAS?

RDOA said...

TRIPAS: Tri Service Pay Cell which funcs under Integrated Hqs in MoD

aaa said...

RDOA

can the two letters of MoD be uploaded please?

Aerial View said...

It is reliably learnt that CGDA has informed the MoD that rank pay arrears are applicable only to those in service and in ranks of Capt to Brig during the tenure of the Fourth Pay Commission i.e. from 1.1.1986 to 31.12.1995.

Probably CGDA is unaware or wilfully avoiding paying arrears as per the submission of the affidavit and additional affidavit by UOI/MoD represented by the Learned Solicitor General stated clearly (Paras 29, 30) that it involves a lot of effort because pay and allowances will need to be amended as on 1.1.1986, 1.1.1996 and again on 1.1.2006.

Hope RDOA files a Contempt of Court and a Perjury case because either the UoI/MoD lied then or is lying.

Unknown said...

At this stage, no one (including MOD/GOI) have any doubt that contempt of Hon’ble SC has already taken place by way of NOT implementing (up to ground level) its order d/d 04.9.12. It seems that GOI/MOD is still searching “modalities & methodologies” (or excuses NOT) to reach that ground level.

Have we NOT learnt from past experience that order is not likely to be implemented in near future and every effort is being made to delay its implementation, under one pretext or other?

For how long more RODA, already in ‘ready’ state, would like to wait to launch the contempt proceedings?

It will not be out of place to know that with our background, are we not duty/morally and/or legally bound to bring it to the notice of the ‘highest court of the land’,by way of contempt proceedings, without any fear or apprehensions, that implementation of its orders have been ignored by none other that GOI itsef?

Dhoop said...

@CL BEDI: In a day or two, it should be clear what the modalities are and what the different letters actually state. It may be worthwhile to see how the GOI letters are implemented and with how much delay.

The grounds for a contempt-petition won't exactly run away, if they do actually exist. So why be focussed on that?

Eyes down for the next update from RDOA :-)

Young50 said...

The so called Govt letter dated 26 Nov 12 has been uploaded on civilian emp website gconnect.in. It is the vague Govt letter in the history of the MoD. It is surprising that RDOA or Maj Navdeep websites did not find it important or essential to upload this letter when thousands of serving and retd offrs are eagerly waiting to see the light at the end of the tunnel. Contempt Petition is the immediate necessity and any laxity on the part of RDOA will twist this case beyond recovery going by the wordings in the Govt letter. Better late than never ! Even the Service HQ says they have not received this letter so far. This is the irony when the sword of contempt is hanging on the heads of bureaucratic buffoons. Pl do not ignore the comments of Air Martial.

SC Sikka said...

Non implementation of the Supreme Court Order is clearly an act of defiance on part of the MOD. It reflects on the incompetence of the concerned MOD officials who definitely needs a dressing up from the Supreme Court. How long can the veterans bear the insults of an arrogant system? Arrears or no Arrears, RDOA must initiate action to restore its honor.

sunny said...

good work by RDOA

what is DGL mean
can the same be uploaded

Unknown said...

DGL means draft govt letter and is not available to public as it is a draft which the MOD may alter and then issued-
milfintalk