"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 weeks from today."
There is no element of doubt that the payment has to be completed within 12 weeks.As on date 22Nov 2012; even the implementation orders have not yet been issued. By no stretch of imagination can the order be implemented before the expiry of 12 weeks. So the contempt action will get initiated.
Working of CDAO and CDA pensions is known to all.Let us see what happens in coming days.RDOA will file contempt notice.Let there be no doubt on this issue.
Secy RDOA
22 comments:
We still have 4 more days. Let's see if a rabbit gets pulled out of some hat.
My humble suggestion to people with anxiety of various states is that we wait and watch what RDOA does next. It fought and got justice for us from the Hon'ble Supreme Court.
I am sure RDOA will go one better in case it files a Contempt petition.
Def Secy, Secy Def/Fin and Expenditure Secy are party to the affidavit in the SC. They may not want to appear and be ticked off for having no authority over their subordinates, disregarding their responsibility and forgetting accountability.
And what will such a contempt petition do to the reputation of the Learned SG, who gave that assurance, obviously because the MoD gave him the confidence to do so?
I reiterate let RDOA do the planning and fighting. We should give our full & whole-hearted support
@Air Martial:"..We should give our full & whole-hearted support..";
I'll say Amen to that.
SHAMELESS MOD!!! RANK PAY? from 1986 we have waited 26 years for justice!? - 8 weeks are getting over on 27 Nov 2012 - How long we will have to wait to get our dues? Matter should be highlighted by KEGRIWAL - ANNA / Contempt Petition will delay matter much further - Col Red Indian
@Red Indian Cowboy:"..Matter should be highlighted by KEGRIWAL - ANNA..."
LOL.
Them we could really kiss the arrears goodbye.
@Red Indian Cowboy, Anna fasted, protested, went to Tihar, had the festival at Ramlila; Kejriwal rode his bandwagon but did nor declare his ultimate aim - a political party.
2. Kejriwal fired at Robert Vadra, Salman Khurshid, Swiss Bank Accounts and now what? He has Prashant and Shanti Bhushan so why didn't he file case against them?
RDOA filed a case on behalf of members of RDOA but got the judgment for all - members and non-members.
3. Why not let the RDOA see this thru?
PLEASE
I wonder why, CDA(O) be not asked to pay an interim amount of say about 50 to 75 % of the likely Rank pay dues as immediate advance. At least it will show the Intentions of the Govt for paying the Arrears.
Of course, if the intentions are otherwise, then they need to be kicked and asked to pay through legal channels.
@rajaraman: "..I wonder why..";
Who is going to "ask" CDA(O)? The GOI, of course.
How will the "asking" be done? Thro' an official letter. Which, as RDOA have brought to everyone's notice, has yet yet to be issued.
seek penal interest from 1.1.86 in the review petetion
@carona8 " ..who is going to ask CDA(O)..."
Firstly, as it appears no body is clear as to how to go about giving the Rank pay to the affected officers digging into the past . Neither The CDA , nor the Service HQ, nor the MOD. And then the casual attitude in which such matters are dealt with.
Secondly, issue of a letter for interim part payment as I suggested , could have been long done immediately after the judgement. That is a simple letter from GOI which should not be difficult to draft / issue and does not require any digging into the service details of affected officers. That would have been a far better situation for the Government than face the contempt of court proceedings.
@rajaraman: "..That would have been a far better situation for the Government.."
Those mindsets, operating within the governance machinery, that might wish to ensure the judgement does not get implemented within the stipulated time-frame, might not be that concerned about what is, as you've put it,"a far better situation for the Government".
If they had wanted to implement the judgement in full, they had sufficient time for doing so. Why would people, not interested in a positive outcome, even take sincere and straight-forward measures of interim payments or the like?
Still, there are two days left for some sort of demonstration of respect for a judgement of the Hon'ble Supreme Court of India. We can wait.
It is futile to attempt to read minds of the personnel actually responsible for translating the judgement into reality.
But it is tempting to speculate whether, even at this instant, the excuse of "12 weeks from the date of delivery of judgement to a particular office" is being prepared as a defence.
@Dhoop et al,the excuse of "12 weeks from the date of delivery of judgement to a particular office" is being prepared as a defence"
Please consider before we all have a plethora of doomsday scenarios which are possible because we have waited 7 years (from the date the Hon'ble SC dismissed the SLP in the UoI vs. Major Dhanapalan AK case). Before 1998 we were unaware that we had been short-changed.
Orders of the Hon'ble SC of 4.9.2012 were on the website three days later.But the Learned SG had assured the Bench on 4.9.2012 that the payment would be completed within 12 weeks i.e. 26.11.2012. The orders would have been dictated soon after.
There was a meeting in the Raksha Mantralaya and corridor news is that a meeting has been called on 26.11.2012 for final orders to be passed on payment to be effected.
Because quote "nobody wants to be lined up before the Bench of the Hon'ble Supreme Court" unquote.The "Nobody" could be Defence Secretary, the Secretary Def/Fin and the Expenditure Secy who signed/vetted notes and files.
Under the RTI Act 2006 copies of these notes and files would be available for a Rs 10 postal order (payable to Accounts Officer, DAD, MoD" and sent by a RPAD (cost Rs 22).
As for interpretations, let us not be so pessimistic, please. The Section Officer of U/Secy may not think much of being hauled up before the Courts because he can (like Goebbels) say that he was under orders or had not received orders, but would the VIPs afore-mentioned (and the UPA Govt) stand in front of the Bench and have their names in the media for "again demeaning the Armed Forces inspite of an order of the Hon'ble SC?"
may be it is a contempt of court.....but if Supreme court of India takes O2 years just for a review petition,,,do they have right to tell MOD to do it in few weeks
JUSTICE DELAYED JUSTICE DENIED....thats what SCI has done...
would they have even accepted a review petition if their own emoluments were involved...
@Satyam Never Jayate:"..may not think much of being hauled up.."
Perhaps its these "underlings" who might cause a delay or miscarriage with their snide attitude of "no skin off my nose"!
Somewhere else,I read a sitrep(forwarded by LG Subramanian on 25 nov 2012 to all PSU absorbees)that it would take five more months to disburse this rank pay arrears. Well,Govt probably wants further escalation of litigation.RDOA is advised by many to file the case for contempt of Supreme Court. It may be advisable to mention in the case (or in some other forum)how many affected veterans have already been dead and gone since 1986,and also since 4 sept 2012-the date of the historic final judgement,and give widest publicity to this aspect.Let the whole world know this.I am sure atleast this pitiable emotional aspect of this problem will prick some conscience to wake up and act fast.
@dattatreya hg: I have read that "news"elsewhere, as well. But, we still have today for the implementation of the judgement.
By tomorrow, one could expect to learn of the next course of action if RDOA choose to share.
Many will recall that PCDA (O) had asked officers to forward data to enable them to take action after issue of Govt letter.
Not sure if it is a coincidence that a certain Brig (retd) of the Signal Corps wrote and sent an application under RTI quoting GoI instructions that documents cannot be destroyed in case there is litigation until(1) final verdict/orders by the Court or (2) Statute of limitation is exceeded. The Brig received a reply from the CPIO, office of the PCDA (O) stating that his records have been preserved and payment would be made on receipt of Govt orders.
If this is the CPIO's statement, may be, just may be, there will not be a 5 month wait.
Cheer up.
@Satyam Never Jayate: I think RDOA would be able to enlighten all concerned in a day or two, after all it's the Association that has it's ears to the ground and has the latest inputs.
Sir,
The present Govt do not have time to look into the problem of the veterans. Always, they are busy to pull the others leg down and fighting like dogs to cover various scams and their sins. they are not bother about the veterans who have sacrificed their every thing for the cause of great nation and now living a miserable life.
points of relevance in the contempt petition-
1.consequent judgement in 2010,GOI has NOT done any preparation for implementation,reflecting their attitude of contempt/intention of contempt.
2.even 3 months after 4 sep 2012 was lot of time for action.only on last day they issued evasive letter
3.as expressed by many ;it is money of officers that was with GOI since 1986 and its value is to be suitably indexed.
THEREFORE SEEK PENAL INTEREST SINCE 1986 AS COMPARABLE WITH OTHER COURT JUDGEMENTS.
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