FOR INFO OF ALL OFFICERS
Retired
Defence Officers Association (RDOA) has been instrumental in securing
favourable judgment in the now famous IV CPC Rank Pay Case as the Main Litigant
from the Hon’ble Supreme Court of India.
MoD
vide its letter of 27 Dec 2012 has issued Implementation Instructions in
compliance of the Hon’ble Supreme Court order of 04 Sept 2012. This letter
falls short of the Supreme Court directive and does not meet the spirit of the
judgment.
RDOA
has taken up the issue with MoD /Raksha Mantri to either withdraw the letter or
issue amendments in keeping with the Supreme Court judgment and ‘to refix pay
of officers without deduction of rank pay from 01/01/1986 and not as on 1/1/86’ spread across
IV/V/VI CPC and payment of arrears to affected offrs (Pre 1986/As on
1/1/86/Post 1986) with same principle applying to V CPC (1996) and VI CPC
(2006) thereof.
Offrs
/ affected NOK are requested to send the requisite details to CDA (O), Golibar
Maidan Pune if not already done as asked for. In case of Airforce/Navy offrs
their respective CDA will be doing the needful.
There
are officers who in their individual capacity or on behalf of their org have
been seeking audience with the RM on the Rank Pay case with what interest or to
score a brownee is not understandable /questionable.
The IV CPC Rank Pay Case
has been handled exclusively by RDOA from its start to the present state of implementation.
Nobody else knows this case more than RDOA and its core group. Any Track II
diplomacy/projection of this case/attempt to discuss would put all the effort
undertaken in jeopardy. RDOA is the main litigant and reserves the right to
take it to its logical conclusion. RDOA has its legal team to take appropriate
advice to deal with the case.
Till such time the MoD issues
clarification/case reaches finality, offrs are requested not to communicate
with MoD / CDA /talk/discuss this case with any of the Govt functionaries /
political appointees. Your cooperation is solicited and let RDOA handle the case in consultation with
their legal team.
For
any queries you may contact The President /Secretary RDOA.
73 comments:
Dear RDOA,
yOUR reassurance is really working like a tonic.
\Just for your inf, IAF Dir. of AIR VETERANS is also asking many details and an undertaking also. in fact they have asked us to send a pre-receipted bill also since they are working out the details of arrears and send to our bank or residence by cheque; but they have not clearly stated how they are working the calculations, whether from 1-1-1986, 1996,2006 and others also or not.\
In this respect, what THE PRIME DOUBT IS ,IF AND AS AND WHEN ANY ARREARS,(WHETHER CORRECT OR NOT, WHETHER AS PER THE SC's ORDER OR NOT,IS GIVEN OUT, WHAT SHALL WE DO?
can we reject the AMOUNT? I do hope by accepting whatever they dole out,(AFCAO/DAV) WE ARE NOT SUBMISSIVE TO THE WRONG DECISION. AND IT MAY DO MORE DAMAGE THAN OTHERWISE(in our legal fight ).
\PL LOOK INTO THIS ASPECT AND ADVISE ALL CONCERNED ACCORDINGLY.\
I just do not want to jeopardise any legal attempts by RDOA IN THIS RESPECT.by accepting the any amount\
THANKS AND FOR YOUR ADVISE.
V.SUNDARESAN
We must sincerely adhere the advise given by the RDOA wait for the reply
from RM/MOD.
Wg Cdr Sundareshan's apprehension are not correct.A wrong is a wrong and accepting that way back wef 1-1-1986 did not help the Govt and the SC Verdict was in our favour. So let us see what is finally paid to us so that a valid cause of action is established for further legal action by RDAO (R) RDAO only.
Hello! RDOA,
……Your advise to all Officers not to score brownie point on this matter is actually "QUITE LATE".....
......Many Officers like Maj Gen (Retd) Satbir Singh, SM, Vice Chairman Indian ESM Movement
are writing directly to RM, Service Chiefs etc...and the DAMAGE HAS ALREADY BEEN DONE…..
…….Many Officers are trying to obtain AFFIDAVITS & COUNTER AFFIDAVITS of RANK PAY CASE….
…..Please keep all AFFIDAVITS & COUNTER AFFIDAVITS of RANK PAY CASE in RDOA QUARTER GUARD...
…….DONOT DISCLOSE TO ANYBODY
The implications of the Supreme Court judgement are tremendous as is seen from the contributions from our fraternity. However these contributions need to be compiled so that we make a comprehensive case covering all the aspects when countering the government order of 26 Dec 2012.
Apart from the immediate interpretation of wrongful deduction of rank pay while fixing pay for IV and V CPC, its impact on pay scales of officers promoted as captains post 1.1.86, Maj Gens, grade pay fixation,retired officers, seniors whose pay should get increased because of the increase in the pay of their juniors are some aspects which need to be worked out or addressed so that powers that be cannot draft letters such as that of 26 Dec 12 thus disregarding the affidavit filed on behalf of UOI in the ibid case.
Many amongst us have worked out the implications of the rank pay judgement. But it is more like the experience of five blind men that were trying to identify the elephant in that famous folklore. We must invite all responses possible and the compile together a comprehensive case in case we have not done so already. Keeping a closed mind with the caveat that we know all may not workout. We have suffered always because of our inability of fully comprehend implications of various government orders.
@RamaSubbu,I regret to state that getting copies of affidavits and/or counter-affidavits in a case that is already concluded and order passed will not in any manner help "brownie point's" people.
Under Section 4 of the RTI Act 2005, it is possible to ask for facts including notings and other documents unless the Court has stipulated that such matter should not be disclosed.
It is not as alarming as you make out but now that the case has been concluded except for the matter of UoI seeking 12 weeks of extension (from 26.11.2012) which will expire in end February (just about 4 weeks or so from today).
I think RDOA's advice is sensible. Its just a matter of days before all affected get the opportunity to see how the MOD letter is finally implemented. Any shotfalls can then be taken up through the good offices of RDOA.
My comment about the registration for IAF veterans in iafpensioners.gov.in " 1)DAV and AFCAO are working out details of the arrears. Air Cmde Patra, PD of DAV had clarified in AFNHB Sector 21 NOIDA, that details would be uploaded on www.iafpensioners.gov.in. Please access this and register yourself. The website is undergoing "purifying" as the webmaster states and the DOB required will take 2013- YoB number of (<) clicks (about 700 in my case). It also has a message from CGDA. I wish I had skipped it."
Please double click on the DOB and you can do it in 2 secs.all years months and dates appear instantly.
There is contradiction in RDOA Statement in paras 4 and 7.
All retired officers to send documents to CDA(O) is one aspect in para 4 and in para 7 the RDOA says no indivual offr should approach MOD/CDA.
It is a big contradiction. Please clear this issue.
Can the officers whose rank was deducted in pay fixation of Vth CPC forward the documents to CDA(O), if so on which format?
Kindly adivse us.
A clear and well worded advisory from RDOA. All should take note of this and wait for the developments.
Sending of service particulars to respective CDA is one issue which the offrs must send as asked for.
What is not desirable is unnecessary communication with MoD/Govt functionaries on the issues of rank pay eg how fitment will be done/who all will get and how much.All these have legal implications which RDOA will handle.Suffice to say just send your service particulars as asked for.
RDOA should not bother about others getting brownie points etc. Some body trying direct link will never change the existing SC verdict. If others trying to get some attempt in influencing(which is what we, armed forces, lack)then by all means i welcome..since any failed attempt will not take you below the datum, that is SC verdict. If RDOA is disturbed that others may take the limelight, i dont think so personaly, then its a different situation now. Happy Republic Day
Wg Cdr Bala
@ Wg Cdr bala...
...i'm sorry to say ...
......"Little knowledge is a dangerous thing" ...
...without knowing anything about the case ~
…. “How you’re advocating action by knowledge less people"
…….in fact they should
“CONTRIBUTE at RDOA & MATTER can be TAKEN UP at APPROPRIATE LEVEL after DUE DILLIGENCE”
I agree to the advise given by RDOA! Should officers commissioned prior to 1986 also send the documents to CDA.
@ RDOA
Sir, CDA is making payment to affected officers and has taken a certificate to the effect that we will repay any excess payment. We have not been indemnified agsinst any short payment & subsequent interest on the same. Also liability of UOI/MOD regarding interest on subsequent arrears if judgement interpretation is ruled in our favour should be sought from UOI/MOD.
Please could someone confirm if the officers commissioned prior to 1986 also need to send documents to CDA(O).
@unknown
as per http://indianarmy.gov.in
NOTICE TO VETERANS
1. Based on directions of the Honourable Supreme Court a list of
affected Officers who have retired between 01 Jan 1986 and 31 Dec
2002 has been compiled.
.......Officers who have retired before 01 Jan 86
are not affected.
.....Details of offrs who have retd after 01 Jan 2003 are
available.
2. Veterans are requested to verify details as posted (pls click the
link “Details : Veteran Officers” on this page. Completed forms to
include corrections if any may pls be e mailed to
armywebportal@gmail.com in the same format as given below (pl
click the link “Format : Correction”)
what is the scene on the officers in service who were commissioned in the iv pay commission eera (1986-1995) is there any thing in the offing. can somebody clarify
With the present government orders, there is nothing in offing for post 86 commission officers. However the way things are moving, there may be a legal recourse for correct implementation of Supreme Court ruling which can change things all together. Perhaps how CDA(O)implements the government order will decide the future.
Offrs commissioned prior to 1986 ahud also send their details to CDA as UOI has committed in affidavit that pension of pre 1986 would also have to be revised.UOI cant go back on its words.
The fitments in pay band shall be as per fitment of serving officer as on 1-1-2006. action to nullyfy the rececent order of MOD dated 17 Jan 2013 be taken . if this is obtained most of the one rank one pay would be solved automaticall. The letter some some one circulated immidiately after Sc judgemeit on 4 sept 2012 may me taken as guide and may be modified if needed
I think what you meant in your writing to convey is that the officers retired prior to 1986 should also send their details! In any case all officers who were commissioned prior to 1986 or even later till 1995 are eligible to draw the arrears of rank pay as per the orders released!
Dear all
Please see Maj Navdeep's website.There is a Judgement of the Honorable Supreme court in connection with pension. As I understand that seperate classes can not be created among pensioners ONLY based on arbitrarily fixed cut off dates.
selvaraj sqn ldr (retd)
@selvaraj sqn ldr
....Please read SC Judgement deeply with full attention...
...you're misleading people with your frivolous ^ ridiculous comments...
...SC judgement that you're referring is not applicable in "Rank Pay Case" as before 1.1.1986 Officers were not drawing Rank Pay hence, how it can be added...
It is understood that the money has been credited for officers commissioned in 1986 and prior .what is the net arrears which a officer commissioned in 1986 has received ?. in case some body is aware please let us know as it would be useful in calculating the arrears for post 1986 commissioned officers (if at all we are lucky enough to get that !)
@ Ram Subbuu
You have commented on @ selvaraj sqn ldr.
Where is his comment? could you please clarify?
Officers retired before 1.1.86 were given one time modified parity by V pay commission.The rank pay case may affect officers retired before 1.1.86 to the extent of raised pay scales after rank pay is taken into account for re fixing pay as on 1.1.96.
Clear picture would emerge in couple of days.
The basic crux of HSC judgement under reference is that an (artificial) division, among equals, can not be created based on flimsy unjustifiable grounds, in respect of their pension entitlement.
If such grounds are based on DA/DP as in instant case, then it should also hold true in case MOD tries to create similar divisions based on RP for pre/post 1986, 1996 or 2006 retirees.
To my mind this judgement takes us closer to justify our demand of OROP i.e. to allow same pension irrespective of point of time at which an officer (of same rank with same qualifying service) retires.
Therefore, Sqn Ldr Selvaraj is quite right to that extant. It is good to be alert and be positive at the same time.
Let legal team of RODA ponder upon it and adopt suitable course of action.
Dear RDOA PLEASE RESTORE THE STATUS OF MAJORS AT PAR WTTH THEIR COUNTER PATRS IN III CPC IN PAY FIXATION IN VI CPC.
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Dard ka hadd se gujarna hai daawa ho jana.Haam honge kamyab ek din.If the beaurocrates are bent upon to harm us let them do so.
Daard ka haad se gujarna hai daawa ho jana. Haam honge kamyaab ek deen.If the beurocrates are bent upon to harm us let the do so.Let us fight us tooth and nail.
@ RDOA
Latest on payment of arrears , as per officers in Pune ,arrears payment stalled to Mar/Apr 2013. We must now ask for penal interest on the arrears wef 27 Nov 2012 till date of payment to Bankers of Vetrans.Regards
@ Ravi Rao
It was expected. They are not able to work out arrears when they reach 01 Jan 96 and onwards.
Once they refix pay on 01 Jan 86 for those who were Capt to Brig on 01 Jan 86 and then when they reach 01 Jan 96 they cant ignore other officers as to whose all rank pay was debited on 01 Jan 96 in Vth CPC. The works stops there. It was expected. We are just waiting as to how they refix the pay on 01 Jan 86, 01 Jan 96 and onwards. It is not that they need time, they now need fresh instructions from the baboos. Let us wait and see.
A measely 28377/- for a captain on 1.1.86 is all that they have paid.
@Sanket Sudan,
Can you give further details of the Capt who got 28377/-?
When did he get next promotion
What was his rank on 01 Jan 96
When did he retire & in which rank?
Then only we can guess whether CDA(O) has refixed his pay on 01 Jan 96 without deducting rank pay or just they paid only for IVth CPC time.
Date of next rank(Major) 01.06.91
Rank on 1.1.96 Major
Still serving as a brigadier
Details of arrears received not given by CDA(O). Obviously the arrears have been paid only till 1991/1992.
The fear prevalent in the environment regarding misinterpretation of SC judgement by the MoD has been proved correct today - PCDA(O) has mentioned in the payslip of serving offrs uploaded today that IV CPC rk pay arrears (implying anomaly) are only due to those who were Capt to Brig AS ON 01 JAN 86? What is the next recourse to set the matters right?
To,
The President RDOA,
Respected Sir,
It is a well known fact that we AFs serving /veterns were never taken seriousally either by political masters or our supreme commanders. that use to be best exploited by our self proclaiming berocratic masters.
This fact of Govt. letter falling short of court order was well known to u sir, thier intention is also known with non willing to help as they have other better thing to do. onlyh we are injured by playing with words.
There is also open contempt of court by not paying within 12 weeks.
My humble request to you sir is, what is that comulsion for:
(1) not filing a contempt case.
(2) Not Taking it to the street exposing harrasment of 'sons of nation' by all those in power. At least the citizens of our nation who decide the fate of politicians should know how thier jawans are treated.
(3) Not filing a case for pay anomoly created in 4, 5, 6 cpc by gratually altering pay scalses and conditions for achiving the min in scale for AFs visa-vie- civilian couterpart leading to degradation.
Sir justice delayed is justice denied. Who can have a constitutional right to every wrong violating court orders.
Do something. if already any thing is done pl update us.
By no method of calculations the arrears work out 30-40k for 26 yrs that too with intrest.
As the offr was a Capt on 1.1.86with 5.5 yrs of service his basic then should have been Rs1200 therefore on fixation it should be Rs 3100 + 200 ,considering that he was paid Rs 3100 incl Rank Pay the difference is 200. For 120 months it works out to 24000 plus DA on this and 6%pa interest on the two from 1.1.2006 will work out to about 45000 after deducting tax the sum payable will be about 30000.
We should take up with HSC that UOI misrepresented that 5th & 6th CPC was also affected hence interest from 1.1.2006 which was a lie hence contempt, in case arrears only till 31.12.95 is being paid we should get interest from 1.1.96.
Regards
An offr was Capt on 1/1/1985 and became Maj in Jun1991.Hence his Rank pay arrears has been paid upto jun 91. What a joke? How much retired offrs can fight if our serving Top Brass remain silent on this injustice.
An offr was Capt on 1/1/1985 and became Maj in Jun1991.Hence his Rank pay arrears has been paid upto jun 91. What a joke? How much retired offrs can fight if our serving Top Brass remain silent on this injustice.
An offr was Capt on 1/1/1985 and became Maj in Jun1991.Hence his Rank pay arrears has been paid upto jun 91. What a joke? How much retired offrs can fight if our serving Top Brass remain silent on this injustice.
The RDOA is aware of the ground swell and will now hopefully push ahead its course of action, in consultation with the legal team.
By my logic, and it might be most faulty, RDOA may be waiting for the listing of UoI's application for extension of the 12 weeks limit by another 12 weeks (i.e. till end Feb) for completing the implementation.
In the meantime, South Block corridors are echoing with news, not rumours, that the Services HQ have taken a stand with RM that UoI must honour the contents of the additional affidavit solemnly affirmed and on oath by the Pay/Services Dept of the MoD.
Whether slaughtering the contents of the affidavit and modifying as MoD has conveniently done might also be heard in the Court because UoI had asked for 12 additional weeks since it is to make revisions as on 1.1.1996 and 1.1.2006?
The MoD has interpreted by truncating the affidavit evident from the payslips (of serving officers who cannot protest) by revising the fixation based on "as on 1.1.1986" of its letter of 27.12.2012 instead of "retrospectively from 1.1.1986" as directed by the Hon'ble Supreme Court on 8.3.2010 and affirmed/upheld on 4.9.2012.
It is a moot point if a Section officer promoted to Under Secretary on 2.1.1986 would be lesser paid then the one who is US on 1.1.1986.
And, I request the legal eagles amongst us to read para 8 of the MoD letter and put us wise whether MoD has tied the hands and blindfolded pay disbursement authorities like PCDA (O), NPO and AFCAO.
@Sanket Sudan
You said now serving Brig who was Capt on 01 Jan 86 got arrears of Rs 28377. This excludes IT recovered by CDA(O). It should be around 9245. Then total arrears will be 37622/- which includes 42.5% interest from 1.1.06 to 1.1.13 of Rs 11221/-, thus the arrears before charging interest will be 26401/- This 26401/- includes DA from 1.7.86 to 31.12.95 at 6858% of one month’s basic arrears of Rs 140/-. It means CDA (O) has paid arrears for IVth CPC only. In Vth CPC on 01.1.96 an amount equal to Maj’s rank pay of Rs 1200/- was deducted. His basic in Vth CPC has not been refixed and arrears are not paid for Vth CPC.
Why I said the difference between earlier basic and refixed basic pay is Rs 140/- is that we are not expected to get rank pay once again. As an amount equal to rank pay was deducted from the total emoluments and the balance arrived at fixed at upward basic scale in integrated pay scales. In refixation of basic pay now Rs 200 is not deducted but the total emoluments will be fixed in upward integrated scale. Hence the difference between the refixed basic pay and earlier basic pay will be less than 200/- for Capt on 01 Jan 86 but it will never be either 200 or more than 200. Hope I could explain clearly.
Please advise the concerned officer to see his pay slip for the month of Jan 1998 where at his revised rank pay of 1200 in Vth CPC was deducted during fixation of pay in Vth CPC. Since he is serving officer he can well take up the case through the service channels. The Honourable Supreme Court said deduction of rank pay from the total emoluments while fixation of basic pay was illegal and irregular. Though the Honourable Supreme Court said this in context to IVth CPC it applies to the same mistake & irregularity repeated by CDA in Vth CPC and in further pay commissions.
@Col Raju
Who will explain this to MOD/Paying Authorities? If they cannot understand simple language of the HSC court judgement and stick to their admission in their affidvit. They are liable for contempts for lying and circumventing Court directive.
Am sure RDOA will aptly handle this when the case for extension comes up.
@Amal Sarkar
The rank pay difference will be due through out the applicability of 4th CPC as the Basic would stand revised wef 1.1.86.
@Ravi Rao
It is RDOA prerogative they being the pioneers in this famous rank pay case. Let us all support RDOA.
What we all should do now is keep finding out from serving and retired officers as to how much each one getting the arrears and for which period and then keep posting them here for information of RDOA and all officers serving/veterans.
Those who were not Captains or equivalents as on 1.1.1986 have not been paid any arrears, though they were Lt Cols by 31.12.2005.
@Satyam Never Jayate
There was no deduction made from the total emoluments while fixation of Lt's pay on 01 Jan 1986. They wont get anything till Dec 95 but if some one was Lt Col on 31 Dec 95 an amount equivalent to revised rank pay of Lt col of Rs 1600 was deducted while fixation of pay in Vth CPC on 01 Jan 96. This was irregular. His pay will have to be refixed on 01 Jan 96 without deduction of revised rank pay of Rs 1600/-.
@Col MS Raju:"..while fixation of pay in Vth CPC on 01 Jan 96..": I think everyone knows by now the Govt is not refixing any post V CPC salary unless due to fixation at IV CPC it stands revised upwards. If there is no upward revision at IV CPC, the Govt says no upward revision period.
So why be lost in this fog of circular reasoning? Let the refixation statements come and then alone we can see what manner of remedy, if any, is possible.
Dear all, now the mischief seems to have shifted to actual disbursement of arrears.
It seems the serving officers(still???)got only some peanuts, that too only for the period 1986 to 96, that too without refixing etc.
The mischief is becoming too big and naughty to be handled by the MOD/GOI.
RDOA, once you have confirmed the mischief and misleading points, pl inform all of us what is your next step.
WE ARE ALL WITH YOU. AND READY TO FIGHT FROM SQUARE ONE.
V.SUNDARESAN
My impression is, the lopsided implementation will benefit the Maj, Lt Col and Col who had not yet completed one full year in the rank as on 01 Jan 86. Anyone with access to refixation stmts of such Officers could please confirm for all, though I doubt the 01 Jan 86 Lt Col/Col would still be serving.
Has anyone been able to get the way calculations are being done? Is it covered under the Official Secrets Act?
Respected President RDOA,
I have seen the pay slip of offr who was capt. during 1983, eventually got promoted to Maj. in 1-1-1989.
ONE GLARING ANOMOLY:-
He was given rank pay arrears as per goi order Rs 7504/- b/w 01-01-86 to 31-12-88 (ie 3 yrs ie 36 months)
rank pay @ rs 200/- pm works out to rs 7200/- plus DA @4%, 08%, 13%, 18% and 23% b/w jul86 to dec 88 each increase at interwal of 6 months works out to Rs 792/-. hence arrears for 3 yrs @ rs 200 pm + DA works out to Rs 7992/- CDA(O) worked out Rs 7504/-. further the pay in band as on date (6cpc) has not changed.
we should recommend ''Genious Award with Bharat Ratna'' to the maths n logic of people in helm of affairs.
I fully agree that it is 'they' who are intellegent, logical, petriots and saviours of our country. we have just wasted country money by taking salary / pension.
RDOA's snail pace action is upcourse frustrating. the overall fight lasted over 15 yrs. still all have not got justice that too those who gave their youth to service getting treated like this.
jai hind.
@Satpal Sharma, my presumption, and pardon me if I am wrong, is that RDOA is awaiting listing of UoI's application for extension of time-frame for completing implementation.
Is it possible that you can let us know if the application is listed for hearing? There is nothing on the Hon'ble Supreme Court's (on website) causelists.
@Col M S Raju, many times have I been told that being succinct never works!
The officer in question was not Capt (equivalent) on 1.1.1986. But was promoted Capt (equivalent) on 31.3.1987; Maj (equivalent) on 31.3.1991 and Lt Col (equivalent) on 31.3.1995 (Fourth CPC). He was promoted Col (equivalent) on 12.2.2003 (5 CPC), Brig (equivalent) on 31.3.2007 (6 CPC). He is Maj Gen (equivalent) wef 1.1.2010.
As per the GoI/MoD (Pay/Services) letter No. 1(26)/97/I/D(Pay/Services)dated 29th February 2000, Rank Pay is a separate element and nowhere does it mention that it is to be deducted from the revised pay.
The 5 CPC did recommend (Para 148)deduction of the 4 CPC pay, elevating the amount to the next higher stage and adding 5 CPC rank pay. SAI etc incorporated the same.
However the entire equation changes with the Hon'ble Supreme Court's order of 8.3.2010, upheld by order of 4.9.2012, rank pay deduction is wrong.
So now it is an entirely new ball-game: - RDOA and similarly placed officers want a restoration from 1.1.1986 till 31.12.2005 when Rank pay ceased; and the Bodies in MoD, MoF, Def/Fin and CGDA don't want to give a paise, if they can help it.
RDOA
Sir,
I would request seek reply from MOD and law ministry if all aspects given in the affidavit by the SG have been implemented and if not when are they likely to be implemented.
Alok
@Satyam Never Jayate: "..succinct never works.."; First of all the matter needs to be viewed from the perspective, right or wrong, of the authority that's implementing it's interpretation of the judgement and the govt order.
Let's not trap ourselves with our own logic and view of the matter if the situation has to be assessed properly.
For the disbursing/re-fixation authority, the issue seems simple. Re-visit the fixation of BP that had been done by deducting rank pay and which is now to be refixed by not deducting tank pay, as per the judgement and as was done for Maj Dhanapalan.
So, and RDOA could correct me if I'm wrong, what they are doing is refixing the basic on 01 Jan 86, this time without deducting rank pay. No more. No less.
That, as far as they are concerned, is the end of the matter.
PCDA(O) Pune has put a flash news on its web site today. It is as follows :-
“Calculation sheet/Due drawn statement will be forwarded shortly on email-id of the officers, who have been paid arrears on account of difference of rank pay, consequent on the Honorable S.C judgement.”
Officers serving/retired who are getting rank pay arrears will be getting calculation sheet to their emails. I request all officers who are getting rank pay arrears to kindly circulate the calculation sheet for info of every one.
@Dhoop,(1)your wise words confirm it; succinct never works was for Col Raju about the serving officers being paid arrears not about the paying authy.
(2) Logic of the MoD stood refuted by the Single Judge of the Kerala High Court, his logic was confirmed by the Division Bench and the belated Special Leave to Appeal dismissed by the Supreme Court. MoD paid Maj Dhanapalan. Q.E.D.
(3) Similarly placed officers were not paid by MoD contrary to Articles 14 and 16 of the Constitution. Writ Petitions were filed and UoI requested the Supreme Court to hear all of them together, hence TP (C) 56 of 2007 and the order of 8.3.2010 for "grant of rank pay retrospectively from 1.1.1986."
(4) MoD was not happy, had a prayer settled by learned SG in IA 9 of 2010; the Supreme Court heard the learned SG, but agreed with the order of 8.3.2010 i.e "grant of rank pay with retrospective effect from 1.1.1986."
(5) MoD now misunderstood the order of the Supreme Court and passed implementation orders of 27.12.2012 citing "Supreme Court uphold order of the Kerala High Court" whereas the succinct, clear, understanding of a rational, clear headed, unbiased mind would be that "OK, we fought all the way. We lost because our argument was faulty. Let us have the grace to implement the order in good spirit." It was not.
(6) As for hands of PCDA (O) etc being tied - isn't there moral courage to tell/write to MoD stating that Supreme Court directed "retrospectively" which means Three CPC's span and not " as on 1.1.1986" which means one day's mandate?
(7) Will MoD pay an under secretary (let alone a higher official) who holds that post on 1.1.1986 higher basic pay and DA etc to an under secretary who is promoted from section officer on 2.1.1986?
@Satyam Never Jayate:"..Will MoD pay an under secretary..": The whole issue is now not about the right or wrong of it all. There's no need for anyone to highlight the situation with the help of comparisons or examples.
Most of the Officers whose bp the paying authority now plans to refix, ie those who were Capt and above as on 01 Jan 86, would have retired. What is the youngest age an Officer would have been promoted as Capt on that date? Approx.27 yrs? How many of those, now aged 54 yrs, would still be in service today? The majority, God bless the beloved pyramid, would have superannuated or be in the process of hanging up uniforms.
The point is, the bulk of the affected Officers are in the veteran class. So, till the bp for the affected ones gets reixed, and the slips are received, there's no point in speculating what is just or unjust.
There is a need to see the actual facts and for keeping the powder dry for the interim.
@Dhoop, I have read your comment and do not wish to prolong your agony of my trying to make you understand that I too can have a point of view.
Captains of 1.1.1986 are serving Brig (retiring at 56 years of age)& Maj Gens (retiring at 58 years of age)& equivalents (471 of them in all). Those 54 years of age would be Cols on the verge of retirement consequent to the 2 year extension granted in May 1998.
Fixation of pay is a technical thing which so many officers do not understand.Often even senior officers say they see only what has been sent to the Bank account.
Let us leave every thing to RDOA who have done all the study and have done so well till now.
Rank Pay payments --- Veterans are advised to visit PCDA(O) site and check their records
https://pcdaopune.gov.in
/RetiredOfficersDetails.aspx
I am a serving officer. I wish to contribute to RDOA to take this fight ahead and file for contempt against non implementation of Supreme Court verdict in correct spirit intentionally
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