BUBBLE BURSTS:IV CPC RANK PAY CASE

BUBBLE BURSTS: ARMED FORCES / VETERANS HARMED AGAIN

The relief given by the Hon.ble Supreme Court vide its order of 04 Sept 2012 in the famous IV CPC Rank Pay Case seems to have been undone by the MoD in its implementation order of 27 Dec 2012. A disappointing closing to the year 2012. The seven page order is yet to sink in but exhibits the We v/s They openly.

Salient and relevant paras / extracts follow:

Para 6.            The sanction of the Govt is hereby communicated to modify the provisions contained in para 6 (a) (ii) of SAI of 26/5/87, and corresponding instrs in case of Navy and Air Force bearing no 1/S/87 dt 11/6/87 and 26/5/87 resp, in so far as it relates to deduction of Rank Pay, which has been reproduced in para 1 above, and to refix the initial pay of the concerned officers of the Army, Navy, and Air Force in the revised scale (integrated scale) as on 1/1/86 as per para 6 of those instrs without deduction of Rank Pay appropriate to the rank held by the officer on 1/1/86 from the amount as worked out under para 6 (a)(i) thereof.

Para 7. Except to the extent of modification of the provision contained in para 6 (a)(ii) of the aforesaid Army Instrs and corres…………….., relating to deduction of Rank Pay in terms of these orders,….in all other aspects there shall be no change in the provisions of the aforesaid SAI/NAI……

Para 8. …..It is clarified there shall be no change in respect of SAI’s for implementation of the recommendations of the V, VI CPC resp, except to the extent of the need for refixation of pay as on 1/1/96 and 1/1/2006, necessitated due to refixation of pay as on 1/1/86 in terms of these orders.

Para 9. DA, Interim Relief, Dearness Pay, and NPA in respect of AMC/ADC/RVC officers will be revised.

Para 10. Pensionary benefits due to the refixation of pay as above, if any, will be admissible as per rules on the subject. Fresh LPC cum Data Sheet for this purpose will be issued. PPO revising the pension will be issued to all the concerned.

Para 11. As directed………..interest @ 6% per annum on the arrears will be paid with effect from 1/1/2006.

Para 12. Undertaking as per Appx A in case of excess payment by offrs.

Para 15…….The payment will be made directly by PCDAO/AFCAO/Naval Pay Office.

Sd/- Praveen Kumar Director (AG.1)

 

 

HAPPY NEW YEAR TO ALL

 

 Secy RDOA

 

     

Update IV CPC Rank Pay Case as on 21 Dec 2012

This update is to counter the views expressed by many on the blog for the benefit of all. Let us be positive. Where we have waited for so long we can wait for little time more. Implementation of the SC order is the commitment made by the UOI in their application.  

1 Whatever is happening is for the good of all and should be taken as a ‘Blessing in disguise’

2. Consequent to the application filed by UOI seeking additional time of 12 weeks to implement the SC order, let us wait for till the court reopens in Jan after the winter vacation. Whether the court gives extension or not or imposes further penalty will only be known when the application is listed for hearing. Will the court agree for full 12 weeks extension is also a Q mark? Till that time it’s only speculation.

3. There is no doubt in RDOA’s mind that the arrears will be worked out through IV/V/VI CPC for all as on 1/1/86, 1/1/96,1/1/2006.

4. Pension will have to be revised for all starting from pre 86 through 96 to 2006 ie IV/V/VI CPC. For that the CDAO will have to prepare fresh LPC for all and fwd to CDA(Pen) for payment action.

5.Those who got promoted after 1/1/86, 1/1/96, 1/1/2006 are also affected as the basic pay will change. Eg offr promoted Capt after 1/1/86 would have got Rs2800/- as basic pay. With restoration of deducted amt of rank pay he will have to be refixed at Rs 3000/- plus Rs 200/- as rank pay and DA as admissible. There is no doubt on this. Same holds good for Maj/Lt Col/Col/Brig.

6. Let CDAO/CDAP/AFCAO/CDA (Navy) do their job of creating/updating their records. For once the database of all offrs incl widows would get created/updated so there would be no lapses in future to crediting arrears/pensions. Even Corr PPOs for all will have to be regenerated.If they are asking for info let us provide them. It is for our own good.

7. Service HQs have already fwd the Draft Govt Letter (DGL) long back. Refixation of pay also has repercussions on status of Armed Forces officers which is belly aching the ‘They’ lobby. Sputniks are active.

8. Mind you, all that needs to be done for implementing the SC order is on affidavit and not honouring it amounts to giving false affidavit which can have serious implications. There is no option but to implement SC order in true letter and spirit.

9. Let us wait for further developments.

Secy RDOA

 

Breaking IV CPC Rank Pay Case Update

UOI has filed application seeking extension of time limit by another 12 weeks in the Supreme Court giving ref of its order of 04/9/12. Main reasons given are:

1. Implementing the judgment involves three sucessive Pay Commissions (IV/V/6 CPC). Most of the data of prior period is not available and has to be compiled manually.

2. In respect of pre 1986 officers in addition to arrears, LPC, Lve encashment, Gratuity, and corr to PPO is required to be worked out which will again take some time.

3. Final financial implication can only be known once all calculations are complete in respect of every officer for which budgetary allocation is being made to MoF to arrange for funds of this extraordinary magnitude.

4. MoD is committed to the implementation of the order.However, because of the constraints ref above, the implementation may take another 12 weeks.

More will follow.

Secy RDOA