RETIRED DEFENCE OFFICERS ASSOCIATION (REGD)
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Thursday, July 25, 2013
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.