Update IV CPC Rank Pay Case: FILING OF CONTEMPT PETITION

This day 31 July 2013, RDOA has filed 'CONTEMPT PETITION' in the Hon'ble Supreme Court of India in the IV CPC Rank Pay Case in which RDOA is the Principal Litigant in addition to NK Nair &Others against the Union of India.

The Contemnors ( Defence Secretary, Secretary Defence Finance, Secretary Expenditure (MoF) and Controller General of Defence Accounts (CGDA)) have been charged for disobeying / wilful defiance of  the orders of the Hon'ble Supreme Court and Not implementing the HSC orders of 08 March 2010 and that of 04 Sept 2012.

Secy RDOA 

BLOG DISCIPLINE

Dear All,

Lately some bloggers have resorted to foul language on the blog which is not acceptable; although your views are welcome. Henceforth all comments will be moderated. Comments found not in keeping with the spirit of blogging will be deleted by the blog administrator. Some have already been done.

Please be courteous.

Secy RDOA

 

Minimum Guaranteed Pension Now payable wef 01/01/2006

Implementation of the Govt. decision on the recommendations of

Committee on the issue related to Defence Service personnel andServicemen – Minimum guaranteed pension to Pre-2006
Commissioned Officers / Family Pensioners. (Circular No 500) & that payable to JCOs/ORs.

As per above PCDA Pension Circular dated 17 Jan 2013 the Minimum Guaranteed Pension to pre 2006 pensioners was notified to be paid from 24 Sept 2012. The UOI had filed a SLP in the Supreme Court against the judgment of the Delhi High Court which had upheld the order of the CAT Tribunal on the subject issue. The SLP was dismissed today 29 July 2013 by the apex court. The HSC upheld the judgment of the Delhi High Court meaning thereby that the minimum guaranteed pension would be payable from 01/01/2006.

Judgment copy awaited.

 

 

 

 

Update IV CPC Rank Pay Case: 25 July 2013

AG tosses rank pay ball into law ministry court By Jugal R. Purohit in New Delhi IN what will certainly cause heartburn among veterans and war widows, the wait to get their dues may get longer as the government seems to be dithering over the implementation of Supreme Courts 2012 order in the rank pay case. It is learnt that the rank pay ball, lobbed by Defence Minister A. K. Antony in the court of Attorney General ( AG) Goolam Vahanvati in June, is now in the court of Law Ministry by the AG. Last month, in a high- level meeting chaired by Antony, it was decided to forward the rank pay matter to the AG office for legal guidance on its implementation. Air Chief Marshal NAK Browne wrote twice this year to the defence minister informing him about the anomalies emanating out of the MoDs inaction. Said a source close to the AG, “ When the rank pay case was referred to us by the MoD, we received a representation from the Air HQs which covered the entire subject. But now, we have decided to take the Law Ministrys point of view. This was determined by the AG last Friday.” It was unclear whether or not the AG has sought a timebound response from the Law Ministry. It was also learnt that while the MoD had decided to send presentations to the AGs office separately from the IAF headquarters and the defence secretary, it was only the IAF presentation that the AG had received, written on July 1, 2013 and signed by the air chief himself. A serving officer, aware of the entire issue, said, “ This adding of another layer of bureaucracy will definitely cause further delay.” WHAT THE CASE IS ALL ABOUT THE rank pay case is also known as the Major Dhanapalan case. The Supreme Court had ordered the revision of pay for all army, navy and air force officers 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 re- designing of the minimum basic pay in the integrated pay scale of the Fourth Pay Commission to ensure similarly placed officers dont get different basic salaries.

CLARIFICATIONS / MISCONCEPTIONS

From the comments/views expressed on the blog there seem to be still many misconceptions/ understanding of the IV CPC Rank Pay case.

1.         The Hon’ble Supreme Court directive of 04 Sept 12 is very clear and specific. It says ‘Refix the pay of the officers without deduction of rank pay with effect from 1/1/86’ meaning thereby that, it is a continous process of refixation wherever rank pay deduction has been resorted to. It covers IVCPC, V CPC and VI CPC since in all, the fixation was done by deduction of rank pay. Documentary evidence exists to that effect and has also been stated in sworn affidavits in the court as well as in the Report of the High Powered Committee which was constituted to work out the financial implications resulting in implementation of HSC order. The HPC report forms part of the affidavit submitted by the UOI in the court. So therefore, the feeling that V CPC and VI CPC will not be covered by the court order is ill founded. By Tweaking the HSC verdict to read ‘As on 1/1/86’ as perceived by MoD is sure to invite severe stricture form the apex court.

2.         Some feel that DA has not been calculated on rank pay is also not correct. If you see the due and drawn statement DA has been added. During the period 1986 to 1995, DA was based on slab basis. For example DA payable from 1/7/1986 to 31/12/86 was as: Basic pay upto Rs 3500-4% of pay, pay between 3501 to 6000- 3% of pay subject to min Rs 140/- and for basic pay above Rs 6000/--2% of pay subject to min of Rs 180. Still if officers feel that they have not been paid DA kindly write to your paying CDA individually.

3.         The DGL submitted by the Services HQ is by all accounts the best presentation and covers all the rank pay deductions and upgradation of pay scales without deducting rank pay where ever it has been done at the IV/V/VI CPC and addresses the refixation of basic pay and grade pay. Air Chief Marshal NAK Browne as COSC has already brought the infirmities/anomalies to the notice of RM as intimated on this blog and which has been covered by the media also.

4.         All are requested to be patient with the fight with the MoD ganged up with CGDA, Def Finance, Dept of Expenditure and MoF. The Hon’ble Supreme Court verdict is our savior and we will fight it out. Please leave it to the RDOA.

5.         It is also heartening to know that we all officers have awakened to the game plan of the mandarins of the MoD and how we have been cheated over the years by denying us our legitimate pay and allowances and gradual erosion of our status since 1986. It also to our advantage that the ‘Media’ has locked on to this Rank Pay Case and will follow all developments of the case. Be rest assured RDOA will get justice for all.

 

 

Update: IV CPC Rank Pay Case

As on 14 July 2013

In reference to RM's directive of 14 Jun 13, Service HQ have submitted their views to the Attorney General (AG). It is learnt that MoD (CGDA/MoF/Def Fin) will defend their implementation order of 27 Dec 2012.How the AG adjudicates the case will have to be seen. Not withstanding the above and irrespective of the AG's views, RDOA is going ahead with filing of 'Contempt Petition'. Timing of filing and the 'Senior Advocate' who will appear for RDOA is closely guarded.

Lot of frustration has been expressed by many bloggers. Some have even used unnecessary language which has no bearing on the rank pay case. It is requested that the sanctity of the BlogSpot be respected. Such derogatory comments would be obliterated / removed from the blog.

By all accounts the DGL submitted by the Service HQs when called for by MoD in early Dec 2012 meets all the 'Ratio and Principle' as ordered by the Hon'ble Supreme Court (HSC) in correct implementation of the HSC verdict and refixation of pay with effect from 01/01/1986 to all affected officers.

 

IV CPC RANK PAY CASE: ADDITIONAL CONTRIBUTION

Existing members who have paid Rs 500/- as initial membership fees are required to pay an additional amount of Rs 1000/- (Rupees One thousand only) to meet the expenses in the rank pay case.

For ONLINE Transfer

1. Bank Account name: RETIRED DEFENCE OFFICERS ASSOCIATION

2. Acct No: 9030-201-0079227

3.Bank Name & Branch: Syndicate Bank, DSOI Dhaula Kuan, New Delhi 110010

4. IFSC Code:SYNB0009030

Kindly ensure that your name is also transmitted for easy traceability.

Secy RDOA