Tuesday, December 24, 2013

GREETINGS

RDOA WISHES ALL VETERANS AND THEIR FAMILIES

'MERRY X'MAS & VERY HAPPY NEW YEAR'


Thursday, December 19, 2013

Raksha Mantri's reply in Rajya Sabha: IV CPC Rank Pay Case

2840 serving officers and 33814 retired officers of the Army, Navy and Air Force have been paid a total amount of Rs.347 crores as their admissible dues. Additionally, Pension Payment Orders (PPOs) in respect of 12129 Army officers, 2187 Navy officers and 5557 Air Force officers have been revised. 

However, the Armed Forces have raised certain issues regarding interpretation of the order of the Hon’ble Supreme Court which are under examination. This information was given by Defence Minister Shri AK Antony in a written reply to Dr. T.N. Seema in Rajya Sabha today.
 

VP/HH
 
(Release ID :101987)

Sunday, December 15, 2013

Annual General Body Meeting: 22 Dec 2013

It is intimated that the Annual General Body Meeting of the Retired Defence Officers Association (RDOA) will be held on 22 Dec 2013 at 11:00 AM at Silver Room, DSOI Dhaula Kuan New Delhi.
AGM will be followed by a Contributory Lunch.

AGENDA
1.    Welcome address by the President RDOA.
2.     Progress IV CPC Rank Pay anomaly case and Contempt Petition.
3.  Other issues taken up RDOA and progress thereof.
            (a) Broad banding  of Disability Pension.
            (b) Minimum Guaranteed Pension (Major’s Pension Case).
            (c) Admissibility of disability pension due to ‘Neither Attributed nor       Aggravated by Military Service (NANA).
            (d) Rationalisation of Pension of Majors/ Lt Col TS/Select  post AVS Report      implementation.
4. Points for 7 CPC. 
5.    Confirmation of minutes of the last AGM held on 17 Jun 2012.
6. Presentation of accounts for the period Apr 2012-Mar 2013
7. Points from the members.
8. Any other point with permission from the Chair.
9. Vote of thanks.
ANNUAL GENERAL BODY MEETING 17 JUNE 2012
1. The Annual General Body Meeting of Retired Defence Officers Association (RDOA) was held on 17 Jun 2012 from 1130hrs onwards at DSOI Dhaula Kuan New Delhi.
2. The General Body unanimously decided to contribute an additional amount of Rs 1000/-(One thousand only) per member to meet the expenses of Senior Advocate fees in the Rank Pay Case (IV CPC) awaiting final disposal in the Supreme Court.
3. It was also accepted that if a member wished to contribute more he was most welcomed to do so.
4. The minutes of the last AGM held in Apr 2010 and balance sheet for the period 01 Apr 2010 to 31 Mar 2012 was passed.
5. An interactive session was held between the members and Senior Advocate Gp Capt KS Bhati handling the rank pay case in the Supreme Court. All legal doubts of the members relating to the case were clarified.
6. Members were requested to send their additional contributions of Rs 1000/- to the President ‘s address earliest.
NOTE: KINDLY SEND ADDL CONTRIBUTION AT THE ADDRESS GIVEN BELOW
COL BK SHARMA, G 203, GREEN VALLEY APPTS, PLOT NO 18, SECTOR 22, DWARKA NEW DELHI 110077 

SECY GENERAL RDOA

Saturday, December 7, 2013

IV CPC Rank Pay Case: Hon'ble Supreme Court Issues Contempt Notice

Reference hearing of the Contempt Petition in the IV CPC Rank pay case on 19 Nov 13 wherein the apex court had ordered that 'Contempt Notice' be issued to the Contemnors. The Hon'ble Supreme Court has issued the said notice on 27 Nov 13. Find attached. Left click to view notice. Right click to open in new page. GIST: The contemnors will have to appear in person at 1030h on 13 Feb 2014 in the Court and will continue to do so till finalisation of case. HEREIN FAIL NOT



Saturday, November 30, 2013

Appeal to Vote: Delhi Assembly Elections: 04 Dec 2013

Veterans and their families who are residents of Delhi are requested to cast their votes in the Delhi Assembly elections to be held on 04 Dec 2013. Choice is yours.

LET YOUR VOTE BE COUNTED. LET US BE A SIZABLE VOTE BANK

Secy RDOA

Sunday, November 24, 2013

Notice Annual General Body Meeting on 22 Dec 2013

The Annual General Body Meeting of RDOA will be held on 22 Dec 2013 at DSOI Dhaula Kuan from 1100h onwards.

Points if any be forwarded to Secy RDOA by email at id: rdoaindia@gmail.com

Secy RDOA


Friday, November 22, 2013

IV CPC Rank Pay Case: Some more news!

Law ministry asks defence ministry to get its act right and not to keep bothering AG Vahanvati over Rank Pay issue


Defence Minister AK Antony
Defence Minister AK Antony.
The constant to and fro of the files pertaining to the Rank Pay case involving veterans has certainly irked the community. However it now seems that the country's top law officer is being made to face the red-tapism, something he is not taking very lightly to.

It has been reliably learnt that while dealing with the Statements of Case (SOC) on this issue from the Ministry of Defence (MoD), in a meeting with the Law Ministry, it as conveyed to the Legal Adviser (Defence) that the ministry should not keep bothering the AG with queries of same/similar nature. Not just that, with this blow, the MoD had no option but to retreat on this and take the SOCs back. Reliable sources say the MoD has to now re-work its SOCs.

Not only will it further delay the case but also add another layer of bureaucratic procedure before the AG's office can be approached. This, it is learnt, was conveyed to LA (Defence) in a meeting on October 28, 2013 which he conveyed to Joint Secretary (Establishment) MoD on October 31. With that move, the SOCs of service headquarters as well as MoD were returned by the AG's office and Law Ministry towards 'framing questions of law pertaining to the case.'

There have been multiple SOCs which have been sent to the AG already on which he had given his opinion in the month of September 2013. However since AG had replied on an old SOC sent to him by MoD, service headquarters objected to it. Subsequently when services sent it to him, SOCs were returned as proper protocol had not been followed. The lack of coordination can be gauged by the fact that while the SOC was returned by AG, MoD was about to begin implementing AG's version to which services objected to Antony. It was only after all this that Antony wanted SOCs to go together, a move which has now been stalled.

In June this year, the Defence Minister AK Antony had made it clear that the final word on the implementation of the SC order of September 2012 will rest with the AG who had to interpret the apex court's order correctly. There was a wide disparity between how the armed forces had construed the SC judgment and how the MoD's civilian bureaucracy was implementing the same. It was for this reason that Air Chief Marshal NAK Browne as the Chairman of Chiefs of Staff Committee wrote twice in this year itself to Antony, informing him of the widespread discontent among the services on account of MoD's handling of the case.

Said a source, "True that we've been asked to rework our case. These are issues of language and wordings which we will overcome." When asked, a source at the AG's office too confirmed that 'all representations had been returned to MoD.' A set of questions sent to the MoD went unanswered despite repeated requests.
 

Tuesday, November 19, 2013

Update IV CPC Rank Pay Case Contempt Petition Hearing

Contempt Petition filed by RDOA in the IV CPC Rank pay case came up for hearing today (19 Nov 13) in Court no 3 (Justice RM Lodha). The court ordered that contempt notice be served to the contemnors.( Defence Secy Shri Shashi kant Sharma, CGDA, Secy Def Finance and Secy Expenditure)

Date of next hearing will be intimated in due course.

Secy RDOA

Wednesday, November 13, 2013

Grant of pension from 01/01/2006?

As most would know, the Govt had challenged before the Supreme Court the decision of the Delhi High Court wherein the judgement by the Central Administrative Tribunal granting benefit of rectification of pensionary anomalies from 01 January 2006 rather than 24 September 2012 was questioned. The order in effect and essence affected all central govt pensioners, including defence pensioners.
 

The controversy had emanated from the fact whether the benefits of the correct pension were to flow from 01 Jan 2006 which is the date from which the 6th Central Pay Commission recommendations were implemented or from 24 Sept 2012 when the Govt had decided to remove the anomalies in the pension structure after the said Pay Commission. Of course, it was held by Courts that the removal of the anomalies shall date back to the date of the inception of the said anomalies and not any later artificial date.


Incorrigible as it is, the Govt had gone ahead and filed a Review Petition in the matter urging the Supreme Court to review its order of dismissal of the SLP filed by the Central Govt.

The Supreme Court has yesterday dismissed the Review Petition filed by the Govt in the matter.

What next?

Tuesday, November 12, 2013

Update IV CPC Rank Pay Contempt Petition Hearing Case

It is intimated that  as per the circular dated 12.11.2013 of the Hon'ble Supreme Court, the
matters shown in the final list of 15.11.2013 (Item no 32, Court no 3) will now be taken up for
hearing on 19.11.2013 (Tuesday) due to 15 Nov 13 being declared as Holiday on account of Moharram.

Friday, November 1, 2013

Update IV CPC Rank Pay case

With reference to the proposal of RM; it is learnt that both the statement of cases ie one proposed by Service Hqs (COSC) and the other by MoD have been fwded to the Law Ministry. It is presumed that after their comments (Law Ministry) will fwd to Attorney General.

Next date of hearing of the 'Contempt Petition' is on 15 Nov 13

RDOA wishes all its members, Veterans and their families 'A Very Happy Diwali' 

Thursday, October 24, 2013

Pension Major's Pre 1996

As per the judgment of ARMED FORCES TRIBUNAL,
Dear All
Link given for action
 
PRINCIPAL BENCH AT NEW DELHI in  RA 25/2013 with MA 234/2013  in OA 256/2011 delivered on 09 Oct 2013 all Majors who had completed 21 yrs service prior to 1996 are now entitled to Pension of Lt Col(TS).The judgment can be accessed on link http://www.aftdelhi.nic.in/assets/pending_cases/2013/RA/RA%2025%202013%20Major%20KG%20Thomas-09-10-2013.pdf
The case was a review petition which has been rejected and no leave given for appeal.
Officers may apply quoting this judgment.
Secy RDOA

Wednesday, October 23, 2013

Update IV CPC Rank Pay Case: Contempt Petition (Civil) 328 of 2013: Hearing Date

It is intimated that as per the Hon'ble Supreme Court website the date of hearing of Contempt Petition in the IV CPC rank pay case which was scheduled for 28 Oct 13 has been changed to 15 Nov 13 as per the court directive.

Saturday, October 19, 2013

IV CPC Rank Pay Case: Update as appeared in Mail Today

Antony continues his flip-flop on paying veterans and widows their dues. Latest is to recall, reject and re-send. My report.

 
 
 
 
 
 
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The mis-governance of the Ministry of Defence (MoD) and trust deficit between its uniformed and civilian arms couldn’t have been more embarrassing.
As appeared in the Mail Today newspaper on October 19, 2013
As appeared in the Mail Today newspaper on October 19, 2013
In implementing the Supreme Court’s year old order on giving veterans and war widows their due, the Ministry of Defence (MoD) has now tied itself up in knots. The complexity it has created in implementing the same has impacted the MoD to the effect that it seems to have itself lost track, resulting into delay for all those veterans who have been awaiting this implementation for over a decade now.
Following a series of reports in MAIL TODAY on the differences between Air Chief Marshal NAK Browne and Defence Minister AK Antony emanating from improper implementation of Rank Pay case, Antony had convened a meeting in June this year. In this meeting it was decided that the MoD and service headquarters will present their case to the Attorney General for his final opinion on correct implementation of apex court’s order. It has now been reliably learnt that this procedure has been scrapped by Antony. Additionally, he has ordered both sides to yet again send their representations to the AG, with a rider to send them together, not separately. As a matter of fact, the AG in his communication to the MoD, last month, had asked the ministry to implement apex court’s orders while giving his interpretation of the finer details. Antony’s move has negated all of the progress and things will have to be started from the scratch.
Said a source aware of the developments, “After the June meeting, ACM Browne sent services’ representation to AG, as was decided, on July 1 which was returned by AG on July 19 for routing it through law ministry.” Meanwhile in August, two meetings were held where the services and concerned MoD departments were involved where it was decided to re-send the representation together. “However, the MoD, based on AG’s opinion which came last month, as a reply to an old plea of April this year already sent it to Ministry of Finance for implementation which when the services learnt about it, went complaining to Antony. This was why he, once and for all, wants clarity to emerge and rest the matter,” said a source. It was also learnt that the representation of the services is now with MoD’s legal advisor from where alongwith that of the MoD, both will be travel to AG’s office through Law ministry.
A query was sent to MoD’s Directorate of Public Relations (DPR) concerning this issue but no clarification was ever received.
Meanwhile this flip-flop came under sharp criticism by the veteran community.
“We see all this as the MoD’s inability to implement the apex court’s order for over a year now. This is yet another delay tactic. We are challenging them in the SC where a contempt petition has been filed and will come up for hearing on October 28,” said Lt. Col (retd) Satwant Singh of the Retired Defence Officers Association (RDOA),
What is the controversy surrounding the RANK PAY CASE about?
The Supreme Court, after a long legal battle had envisaged re-fixation of pay for all officers of the Army, Navy & Air Force who were eligible for Rank Pay with effect from 1.1.86, the date of implementation of the Fourth Pay Commission. However, the MoD implementation letter of December 2012 changed it to ‘as on 1.1.86′. The SC order had also sought the re-designing of the minimum basic pay in the integrated pay scale of IV pay commission to avoid different basic pay to similarly placed officers. Also, the subsequent amendments in the pay and pension orders issued towards fifth and sixth pay commissions.

Thursday, October 10, 2013

Payment of Disability Pension (Neither Attributed Nor Aggravated ) due to Military Service

RDOA has taken up case with Dept of Ex Servicemen Welfare for payment of disability pension to affected officers/JCOs/ORs due to NANA. Affected individuals should write to CDA Pension giving details of their disability with copy of Release Medical Board Proceedings. ESM Orgs are requested to give wide publicity of the disability benefit. Officers who have not yet become members of RDOA are requested to do so.
Secy RDOA


By Email RDOA/Med/Dis/10/13

                                                                                                Dated: 10 Oct 2013
To,
Secretary,
Dept of Ex Servicemen Welfare,
South Block, New Delhi.

 Controller General of Defence Accounts (CGDA)

 PCDA Pensions
Draupadi Ghat,
Allahabad                                                                                                                               

PAYMENT OF DISABILITY PENSION : NEITHER ATTRIBUTED  NOR AGGRAVATED (NANA) BY MILITARY SERVICE

 Dear Sir,

1.         It is intimated that the Hon’ble Supreme Court vide its Judgment in the case no Civil Appeal 4949 of 2013 arising out of SLP (C) No 2940 of 2010 (Dharamvir Singh vs UOI) upheld the judgment passed by the Single judge dated 20 May 2004. As elaborated in Para 28 and 29 of the said judgment, the court has made it absolutely clear that ‘if a person at the time of entry into service was in sound physical and mental health and no entry of any disability exists in his record; then any disability occurring to the individual would be deemed to have occurred in service and would be attributed to and aggravated to military service’ and therefore such a person would be entitled to disability pension if it is 20 % or more. E-copy of Judgment attached.

 2.         There are a large number of Officers/JCOs/ORs who have been denied disability pension due to the remark ‘Neither attributed  nor aggravated due to Military Service’ endorsed in their release medical board proceedings although such disabilities occurred during their service tenure and they had disability of 20% or more.

 3.         In view of facts as stated above, it is requested that the cases of such individuals who have proceeded on retirement without getting disability pension should be reviewed and the disability pension on account of ‘NANA’ which has been denied to them should be paid retrospectively.

 4.         It is not expected of every affected person to approach the ‘Courts’ individually or collectively to seek redressal for admissibility of the said disability pension, once the ratio has been established by the Hon’ble Supreme Court in the instant case. It will only increase the work load of the courts.

 5.         Retired Defence Officers Association (RDOA) will be constrained to claim interest and relief from the Apex Court in case the disability pension benefit is denied as has happened in the IV CPC Rank Pay Case. It is hoped that action would be taken to give disability pension to the affected ‘Veterans’.

 Thanking you,

Lt Col Satwant Singh (Retd)
Secretary
For RDOA

 Copy to:

 The Director,
Addl Dte Gen Pers Services,
PS 5, AG’s Branch, AHQ,
Room No 419, A Wing, Sena Bhawan
DHQ PO, New Delhi 110011

 DDG Veterans Cell,
AG’s Branch AHQ

 

 

 

Monday, September 23, 2013

Update Contempt Petition:IV CPC Rank Pay Case

The Contempt Petition in the IV CPC Rank Pay Case had come for hearing today ie 23 Sept 2013. RDOA asked for adjournment of the case by one week due to non availability of the Senior Advocate of RDOA which was accepted by the Court. The next date of hearing will be put on the BlogSpot when known.

Thursday, September 19, 2013

Attorney General's (AG) Views on IV CPC Rank Pay Case

RDOA's assessment on the views given by the Attorney General (AG)

The views given by the AG are on similar lines as given by the Solicitor General (SG) when his views were asked for by MoD on the contentious issues as obtained by RDOA through RTI. MoD chose not to go as per advise rendered by the SG and issued implementations instructions vide their letter of 27 Dec 2012 based on the  recommendations and DGL prepared  by CGDA.

Therefore the views of AG are of no significance until MoD issues amendment letter to its letter of 27 Dec 12 notifying the changes. The anomalies/deficiencies are all under the ambit of contempt action. AG has addressed only two which establishes contempt of court order by MoD. As it is, the contempt petition is listed for 23 Sept 13 in Court no 3(Hon'ble Justice RM Lodha) at Item no 16.

Secy RDOA

Friday, September 13, 2013

IV CPC RANK PAY CASE: CONTEMPT PETITION HEARING

Contempt Petition (C) No 328/2013 in TP(C) No 56/2007: Preliminary Hearing

The 'Contempt Petition' filed by RDOA in the IV CPC Rank Pay Case on 31 July 2013 has been scheduled for hearing on 23 Sept 2013 as per the Advance List of the Hon'ble Supreme Court. The Contemnors named in the Petition are the Defence Secretary, Secretary Defence Finance, Secretary Expenditure and the Chief Controller of Defence Accounts (CGDA) for wilful defiance of the Court orders and for changing the court order deliberately.

Court No and Item no will be posted when final list is issued. RDOA gearing up!

Secy RDOA

 

Thursday, September 12, 2013

Ex Serviceman Rally

Ex Serviceman Rally is being held at Rewari (Haryana) on 15 Sept 2013 at 1000h onwards. Officers desirous of attending may do so under their own arrangements.

Secy RDOA

Saturday, August 31, 2013

ECHS: BIOMETRIC AUTHENTICATION PROCEDURE: VIEWS

Mail received from MD ECHS on the proposed Biometric Authentication Procedure is appended for views/ suggestions of members/officers so that  comprehensive feedback of veterans can be sent to MD ECHS.

Also mail recd from MD ECHS dated 28 Aug 13 is added at the end for info of all about 'Status Quo'.


VERIFICATION OF ECHS MEMBERSHIP

 

1.         It has been observed that a number of ECHS Membership Cards are of ECHS members, who have expired / are not entitled to ECHS Benefits any more continue to be in use. There is thus a possibility of misuse of such cards.  In order to obviate the same and to ensure that data integrity of the ECHS Beneficiary database is maintained, the under mentioned policy on ECHS Smart Cards activation / de-activation is proposed to be implemented :-

           

2.
Ser No
Category of ECHS Member
New Policy
Remarks
 
(a)
ESM / Family Pensioner/ White Card Holder
ESM / Family Pensioner to present themselves at a Polyclinic for biometric verification every year.
Card to be de-activated in case biometric verification not done upto two years.
 
(b)
Parents of ESM
ESM / Family Pensioner to present themselves at a Polyclinic for biometric verification every year.
Card to be de-activated in case biometric verification not done upto two years.
 
(c)
Spouse of ESM
Spouse to present themselves at a Polyclinic for biometric verification every year.
Card to be de-activated in case biometric verification not done upto two years.
 
(d)
Son of ESM / Family Pensioner
Card to be     de-activated at 25 yrs of age
In case the son is dependent after 25 yrs, ESM / Family Pensioner to submit Affidavit for Dependency of son at Parent Polyclinic. Polyclinic to upload documents for verification and approval by Regional Centre.  Card to be  re-activated for one Year on receipt of approval letter from Regional Centre to M/s SITL.
 
(e)
Daughter of ESM / Family Pensioner
Card to be     de-activated at 25 yrs of age
ESM / Family Pensioner to submit Affidavit for Dependency of Daughter at Parent Polyclinic. Polyclinic to upload documents for verification and approval by Regional Centre. Card to be  re-activated on approval letter from Regional Centre to M/s SITL. Card to be  re-activated for one Year on receipt of approval letter from Regional Centre to M/s SITL.
 
(f)
Dependent Sister of ESM / Family Pensioner
Card to be de-activated every year
ESM / Family Pensioner to submit Affidavit for Dependency of Sister at Parent Polyclinic. Polyclinic to upload documents for verification and approval by Regional Centre. Card to be  re-activated on approval letter from Regional Centre to M/s SITL. Card to be  re-activated for one Year on receipt of approval letter from Regional Centre to M/s SITL.
 
(g)
Dependent Minor Brother
of ESM /Family Pensioner
Card to be     de-activated at 25 years of age
-

 

3.         The policy will be made effective from 01 Oct 2013 after vide publicity to all ECHS Beneficiaries. The first de-activation will be undertaken wef 01 Oct 2014 thereby allowing adequate period of one year for ECHS Members to submit necessary proof or biometric verification at ECHS Polyclinics.

You are requested to please give your suggestions / comments on the aspects as given above on emai ID diritechs-mod@nic.in   . It is essential to ensure that only authorised persons only get the benefits of ECHS.

 

From: mdechs@yahoo.com
Subject: Re: [indianveterans] Re: Proposal for VERIFICATION OF ECHS MEMBERSHIP 

No orders are being issued to de-activate ECHS smart cards even if they are not used or verified for a few years. It is only after obtaining a comprehensive feedback from our esteemed veterans and after taking into account their sensitivities that a decision will be taken on how to de-activate cards of beneficiaries who are not entitled to ECHS benefits any more, such as sons above 25 years of age, daughters who get married or are employed and are above 25 years of age etc.

 Status quo will be maintained till such time.

Warm regards,
Maj Gen J George
MD ECHS 

 

 

 

 

 

Monday, August 19, 2013

Updates as on 20 Aug 13

1.IV CPC rank pay case 'Contempt Petition' has already been filed on 31 July 13. When listed for hearing will be put on the blog for info of all.

2. Minimum guaranteed pension as per GOI letter  payable with effect from 24 Sept 12. HSC upheld the judgment of the Delhi High Court that the payment should be from 01/01/2006. GOI yet to issue notification to that effect.

3. Broad banding  of disability pension in the case of Lt Gen Vijay Oberoi has been rescheduled for another day. Next date of hearing will be intimated in due course. RDOA is party to the case.

4. Major's pension case, filed by Cdr Avatar Singh & Ors, for payment of minimum guaranteed pension  wef 1/1/2006 has been rescheduled by 4 weeks from 12 Aug 13 in HSC. RDOA has filed application of intervention in the case.

5. In a recent judgment given by the HSC where in it has been stated that persons with 20 % disability or more due to NANA (Neither Attributable Nor Aggravated)  due to service conditions are also eligible for disability pension. RDOA will be initiating the case on behalf of all affected veterans. Affected officers are requested to become members of RDOA if not already done.



  

Saturday, August 17, 2013

For Members/Officers from Bangalore

It is intimated that Col BK Sharma, President RDOA, would be in Bangalore from evening of 20th Aug 13 to evening of 22nd Aug 13 and would be staying in RSI Bangalore on MG Rd.

Officers desirous of meeting him can contact him on his mobile no given on the BlogSpot.

Secy RDOA

Thursday, August 8, 2013

Veterans drag MoD to Supreme Courtover rank pay

Veterans drag MoD to Supreme Court over rank pay

| 
Annoyed by delays in the implementation of the 2012 Supreme Court order in the rank pay case, the Retired Defence Officers Association (RDOA) has dragged top babus of the Ministry of Defence (MoD) to the apex court. 
The association filed a contempt petition in the court last week over non-payment of dues such as pay and pension, and hearing in the case is awaited. 
Those named in the contempt petition include Comptroller and Auditor General (CAG) and former Defence Secretary Shashi Kant Sharma, Financial Advisor (Defence) Priti Mohanty, former Controller General of Defence Accounts Arunava Dutt and R.S. Gujral, secretary in the finance ministry's Department of Expenditure. 
Defence Minister AK Antony
Former defence secretary Shashi Kant Sharma
The court case is an embarrassment for present Defence Secretary A.K. Antony (left) and CAG Shashi Kant Sharma (right)
PASSING THE BUCK
A copy of the 49-page petition has been accessed by this correspondent. The primary grouse, as mentioned by the RDOA, pertains to the "willful and deliberate disobedience and violation of the order dated 4.9.12 passed by this Hon'ble Court". It further seeks "exemplary punishment to contemners for deliberate and intentional non-compliance". 
The rank pay case was initiated by Major A.K. Dhanapalan when he approached the Kerala High Court in 1998 praying that as per the Government of India resolution, 'rank pay' was admissible to army officers in addition to their integrated scales. 
Since this was taking place since January 1, 1986, i.e date of implementation of the fourth pay commission, the court allowed him re-fixation of his pay from that day. 
Subsequently, the MoD lost all appeals filed before the high court and the SC. Group Captain Karan Singh Bhati, advocate for the petitioners, said: "The court had given them more time than what they sought to rectify this injustice. That lapsed on May 31, 2013, and the MoD did not even bother replying to our legal notice on contempt. Thus we had no option." 
He added: "What is most unfortunate is that the people supposed to ensure that the armed forces are administered well are the ones failing and thus facing contempt." 
Using the RTI Act, the RDOA had also sought details from the MoD. In response, the ministry stated that as on June 14, 2013, only 31,718 officers from a pool of 45,485 were paid in part, leaving out 13,767 despite the date for paying all was May 31, 2013.
"We've been forced. From meeting the defence minister to writing letters but the MoD was simply stonewalling us," said RDOA president Lt. Col. B.K. Sharma. 
On July 26, Kargil Diwas, Defence Minister A.K. Antony had stated: "We are aware of the sensitivity of our men. This issue of rank pay has been referred to the attorney general for his advice."



Read more: http://www.dailymail.co.uk/indiahome/indianews/article-2387279/Veterans-drag-MoD-Supreme-Court-rank-pay.html#ixzz2bRQj69Yo 
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