Friday, July 19, 2013

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.

 

 

15 comments:

DS Ramakrishna said...

@ RDOA : Sir, Very Many Thanks for clarity in toto. Good luck and all the very best for all future endeavors. Regards.

corona8 said...

It is hoped all followers of this blog will add the URL of this blog post to their 'favourites' folder so as to reduce the needless and repetitive comments that serve more to mislead than discuss factual issues.

Incidentally, in case the point had been missed by those affected, another great aspect of the services HQs DGL is it rectifies the post 01 Jan 96 rank-pay anomaly in respect of time scale ranks. It does mot differentiate between 'select' and 'TS' for applicability of rank pay.

Prateek said...

the faith in RDOA,HSC & Almighty is unflinching.
I know in my heart that it is just a matter of time although RDOA is bestowed with the onerous task ok bringing the culprits to the books simultaneously alonwith our well desreved & much delayed dues.

ramesh sharma said...

Thanks RDOA for the update.With patience and relentless persual we shall succeed

MANGE PANGHAL said...

said....

Thanks a lot RDOA. I appeal to all officers to have patience and Hon'ble SC order shall be implemented in letter and spirit.

Kanny said...

Thanks Sir! Just one question- what is RDOA's gut feeling about the Attorney General's reference? Will it carry any meaning irrespective which way he goes?

deepak sharma said...

HSC is supreme & above all as far as the issue in hand is concerned.
So where is the question of anyone expressing something otherwise.It wo'nt matter.
Almighty,HSC & media are the saviours.RDOA is the doer entrusted with this delicate & momentous task.All the best.

gentle said...

Dear Sir , I fail to understand the basis on which the present salary has been fixed by the AFCAO in respect of officers who were serving in the IAF during the period of 1986 to 1996 in the rank of Sqn Ldr like me who got commission on 29 Nov 1967. In my case I got re fixed at the salary of Sqn Ldr at Rs 4350.00 pm on 1st Jan 1986 in place of old basic pay of Rs 3600.00 pm . However I did not get the salary revised from the salary of Rs 4350.00 on promotion to the rank of WG CDR (S) wef 21 st Nov 1986 with the additional change in the rank pay only to Rs 800.00 pm without any change in my basic pay of the WG CDR which got revised only on 1st Jan 87 to RS 4500.00 pm unlike my salary being fixed earlier on the basic pay of Rs 4200.00 pm wef 21st Nov 86 on promotion to the rank of WG CDR (S). with the rank pay of Rs 800.00 pm . I have really not understood the basis of this fitment formula! Incidentally I got my release on superannuation on 31 Aug 1989 since I had been commissioned from the ranks in the AE(L) branch of IAF . I had been paid earlier my increments from the month of Nov 87 ,Nov 88 amounting to Rs 4050 & finally of Rs 4200 .00 pm . I had been fixed at the pension of Rs 2500.0 pm since I had drawn my 10 moths basic pay @ Rs 4200+800 pm .Now the present dispensation has resulted in my lat 10 months basic pay fixed at Rs 5570, there by my pension being fixed at Rs 2785.00 pm only. But what a difference between the recommended pay fixation at Rs 4800+Rs 800 rank pay on completion of 16 years of service per the DGL proposed by the TRIPAS initially . I am at a loss to understand the basis of the present calculation of my basic pay at the level of Rs 4350 + Rs 800 rank pay on completion of 19 years of commissioned service on promotion to the select rank of WG CDR in the first board that had assembled that year for my all my course mates! I have sent all my due & drawn case of the revised pay scale to the RDOA along with all the other documents received by me in the rank pay revision in my case . Incidentally I have not been paid the revised rate of pension till date nor did I receive the relevant papers at my present place of residence in Canada despite several reminders to the DCDAF as well as the Veterans Directorate of IAF. God only can help us all in this regard ! It is no use blaming only the civilian authorities in putting us all in our present condition . I find that there is a need in the change of attitude of the serving brothers in the organization as well ! Why am I saying all this ? It is the basic change in the attitude of those of our serving comrades is also needed to resolve all the pending issues being faced by all of us! Let us not forget that one day all of us were in uniform but today under the category of Ex servicemen . Most of the problems faced by us are the creation of our brothers in uniform who have a different perspective of our problems . I am saying all this since I find that the DGL prepared by the TRIPAS is at a variance with the perception made of the same by the serving lot who have fixed our present salaries at the AFCAO specially in the case of IAF personnel! Kindly bear with this perception of mine since only the wearer knows where the shoe pinches the most!
I must wish the RDOA comrades the best of every thing in their, rather, our continuing fight of our just demands with the authorities !

gentle said...

Dear Sir, Please amend to read the basic pay on promotiom to read as Rs 3900.00 in place of Rs 4200.00 as typing error by me . The error is regretted !

Ranjay said...

latest from AG Vahanvati...

May be two decades are not enough for veterans and widows to get their dues. In what will certainly cause heartburn among the members of the veterans and war widows' community, there is set to be another delay in implementing the long-overdue Rank Pay case. It was reliably learnt that the ball which was lobbed by Defence Minister AK Antony in the court of Attorney General (AG) Goolam Vahanvati in June, has now been further lobbed into the court of Law Ministry by the AG, last week. This action was in response to the approach made to the AG's office by the Ministry of Defence (MoD ), last month, to provide legal guidance on Rank Pay case implementation, decided upon by the Supreme Court (SC).

Air Chief Marshal NAK Browne, this year, had written twice to the Defence Minister AK Antony, informing him of the anomalies emanating out of the MoD's inaction. His letters, written in January and May, also highlighted the angst setting in among the veteran community over the inordinate delay in implementing what the Supreme Court had ruled last year. Headlines Today had first reported on this with a copy of all the correspondence between the Air Chief and Defence Minister.

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 rope in the Law Ministry's point of view. This was determined by the AG last Friday and appropriate action has been taken." It was unclear whether or not the AG has sought a time-bound response from the Law Ministry. It was also learnt that while the MoD had decided to send presentations to the AG's office separately by the Indian Air Force (IAF) HQs as well as one from the side of the Defence Secretary, it was only the IAF presentation that the AG had received, written on July 1, 2013 and signed by Air Chief himself. A serving officer, aware of the entire issue, said, "This adding of another layer of bureaucracy will definitely cause further delay."

Reacting to this, Lt. Col BK Sharma of the Retired Defence Officers Association (RDOA) said, "We have been saying this since a while now that all of these are delaying tactics. Not surprised that this is what has happenend. It is interesting to note that despite the Supreme Court deciding this case, the MoD thinks the AG is to have a final word." The RDOA is all set to move a contempt petition before the SC, the notice for which has already been served upon all the players involved.

What is the case all about?

The Rank Pay case is also known as the Major Dhanapalan case. The Supreme Court had envisaged re-fixation of pay for all officers of the Army, Navy and 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.


Read more at: http://indiatoday.intoday.in/story/rank-pay-case-ministry-of-defence-law-ministry-attorney-general-supreme-court/1/296145.html

WG.CDR.V.SUNDARESAN(RETD) said...

Looks like a major delay tactics.
Hope coas is monitoring this game.
v.sundaresan

corona8 said...
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corona8 said...
This comment has been removed by the author.
corona8 said...

@Ranjay: Your entire comment is a cut and paste of the write up on the website that you have provided the URL of without hyper-linking.

This could cause confusion in the minds of readers who might be misled into believing the contents were your personal opinion which, in turn, would take away from the significance of the actual news.

Suffice it to say, the rank-pay case has been forwarded by the learned Attorney General to the Hon'ble Law Minister as per this news report.

Aerial View said...

Opinions (on different dates and aspects) of the Ministry of Law & Justice are already available in Replies to RTI (provided in March 2013) which concluded with the issue of the impugned Implementation Order dated 27.12.2012.

Please see Aerial View for more details.