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.”
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.


Dhoop said...

It's clearly becoming a case of blatant disregard for principles and an utter lack of respect for the apex court.

Aerial View said...

Opinions 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.

Murarilal Agrawal said...

If ,GOM or GOI do not intenden to decide /take action they resort tactics for refferring cases one to other or hand over the case to commitee.
Till today they are thinking that people of india are same as they were in pre independent .

Let us make them feel at the earliest that they are existing for us and once we public is out to set you write you will not have sleep at all

Alok Asthana said...

I fail to understand the importance and relevance of anything the government does in this case. We have gone to the court and that where we'll get whatever we are to.
Looking up to the govt is like heeding to the advice the guy Asa Ram Bapu gave to a girl about to be raped, ' Say Om Namoh Shivayah and request the rapist - 'Bhaiyaaji, please don't rape me'.

Alok Asthana said...
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Alok Asthana said...
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Alok Asthana said...

Indian armed forces will top any popularity poll but at the same time, are the most shabbily treated lot. How we've managed this fantastic feat is placed at
Tied up in neckties and golf, we simply haven't realized our nuisance value. As Amitabh Bacchhan says in the ad,'In India, only FORCE matters'. And, of course, the courts.

Aerial View said...
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Aerial View said...

There seems quite a misconception about what the present Rank Pay case is. That it is UoI vs. Maj A.K. Dhanapalan, and not UoI vs. N.K. Nair & Ors, seems to be the thrust of CGDA and the MoD (to use a figure of speech of the tail wagging the dog)in issuing the letter dated 27.12.12 with "as on 1.1.1986" confirming this view of the MoD/CGDA.

UoI Vs. Maj Dhanapalan achieved quietus in 2006 when Maj Dhanapalan was paid the arrears for 4 CPC and did not challenge the decision for reasons cited by him (Please see "The Week" magazine issueof 23.9.2012). As the RTI replies show, Maj Dhanapalan wrote to CDA (O), which closed the matter citing that he had challenged the fixation in 4 CPC and not 5 CPC though CDA (O) glossed over a few inconvenient facts. Further, Maj Dhanapalan retired in August 1997.

The present case involving all similarly situated officers is UoI Vs N.K. Nair & others, with RDOA as interveners. The present case involves issues of (1)MoD wrongly deducting Rank Pay when re-fixing emoluments for 4 CPC for pay and pension, (2) MoD not filing facts in the Hon'ble High Court of Kerala that it had issued SAI No. 2/S/98 on 19.12.1997 though MoD filed sworn affidavits that it was not concealing anything material from the Hon'ble Court, while the matter was still sub-judice, (3) committing Contempt of the Hon'ble High Court by insisting on re-fixing emoluments by peristing with the impugned methodology in 5 CPC for pay and pension, and (4) incorrectly using that (lower) re-fixed pay for fixation of pay & pension for 6 CPC.

We must get our perception straight, for which RDOA is repeatedly trying to make us, all similarly situated officers, understand.

As and when the Hon'ble Supreme Court takes up the much awaited filing of the Contempt of Court petition, these matter will come up

Ranjay said...

@ ariel View
toatally in agreement with you

ramesh sharma said...

It is a pathetic that authorities are playing dirty game when it comes to part with our money which they are holding onto since 1986.they have made a mockery of the committments given by SAG/AG to HSC on behalf of GOI.It is furthe ridiculous on the part of AG to invove one more agency as if he is incomptent to render correct advice to MOD.It is a sad indeed!

corona8 said...

@ramesh sharma:"..It is a sad indeed!"

Those affected are entitled to feel as sad as they wish, of course, but lamenting, breast-beating or shedding tears is not going to resolve the matter.

It'd be such a poor reflection on the ethos of the armed forces if some of it's veterans were seen to be defeatist and depressed regarding the matter.

A process is in hand as RDOA have pointed out in the previous blog post. Its now to be seen how the matter is tackled.

bala said...

The judiciary (ref INDIAN CONSTITUTION )has given the most powerful weapon of judicial order in their hands of ARMED FORCES OFFICERS - in figures ,over 40,000.

If ,they cont fire (execute/enforce )this weapon-CAN THEY FIRE AT ALL(act upon)???????,besides watching the TAMASHA of on going game of kicking the ball in and out again and again -simply waiting -awaiting ,peg after peg ;like that L of La person awaiting for Earth Quake to shake.

If AF cannot get a judicial order implemented, How can an ordinary citizen ??

Look at pathetic figures of membership of RDOA ,out of over 40,000 existing and 20,000 (incl present Chiefs and other Gens ) already in receipt of arrears upto Rs 5,00,000.These 20000 could NOT have received any arrears ,but for kind courtesy of DANAPALAN and RDOA.

Individually and collectively the lot of these 40000 should act upon besides simply waiting for RDOA to resolve every issue .

Of course RDOA,as I see from a distance , is on its path.It is only hoped that the lot at many places like Del,PUNE,Ban,Chan....etc support and supplement RDOA,and other
unresolved issues.
Do ACT ,action any small or big way ,besides w a i t i n g .

corona8 said...

@bala:"...kind courtesy of DANAPALAN and RDOA...."

Let's not forget N.K. Nair & Ors.

Also, how can AFs "get a judicial order implemented" as you have queried?

The AFs are not litigants in the matter. The back-up received by way of intervention of Chairman COSC is an additional bonus for which one should be grateful, not churlish about.

DS Ramakrishna said...

@ bala Sir : Well timed Master Stroke. May help to add on members and resources.After all every action is outcome of applied idea/ thought.

Alok Asthana said...

@bala - Well said.
The retired community is a highly fragmented and mostly an ungrateful community. A lot of our associations are still stuck with the approach of appealing to a sense of fairness and justice in govt circles, bureaucracy and Indian society. Highly unrealistic and fancy ideas.
RDOA is the only association that has taken the right approach i.e. legal confrontation. They need to be supported all the way. All those who have received arrears may like to pay the small sum of Rs 1500/- as RDOA subscription. If many do, we can hire more muscle power.
Let's do it now or regret forever.

P.S. I wonder if it is a good thing to keep it at only the officers level. Our strength is in the number of ex-soldiers ( PBOR ) spread all over India. We are simply squandering a valuable resource.

ramesh sharma said...

I feel actions taken by Chairman COSC is the maximum one can expect from him while in service.Path adopted by veterans under RDOA is the one which has brought us some positive results and it is RDOA team which should now move ahead with contempt proceedings since they were not part of the meeting called by Hon'ble RM.I shall also like to suggest that we must stand behind RDOA at the mement rather than trying for individual stuggle which helps Govt to further delay implementation of HSC in letter and spirit.We must this game plan of the Govt.

Aerial View said...
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Aerial View said...

@bala et al,

Presumably you have considered that individuals taking up litigation in the Apex Court would need legal papers and background information of oral arguments that were advanced by UoI as well as N.K. Nair & Others.

While copies of some affidavits filed in the Apex Court, notings on MoD/Def Fin/CGDA/MoF file(s) and opinions of Min of Law & Justice have been made available through RTI, it does not include the line adopted in the oral arguments by UoI's law officers.

In my humble opinion, unless the complete picture is available it would be an exercise in frustration for similarly situated officers/NoK to proceed legally on their own. The fees of eminent lawyers with the stature and legal acumen to argue the case where the Solicitor General of India is representing UoI, Expenses of travelling to & from New Delhi for every hearing, boarding & lodging, transportation etc need to be factored in.

RDOA, in my considered opinion, has distinct advantages - it has all the legal documents, it has first hand knowledge and feel of the oral arguments, the thought process of the Hon'ble Justices, and is located in New Delhi, and Gp Capt (retd) Bhati are providing their legal services free, thereby minimising costs to many similarly situated officers and the NoK of deceased officers.

While demanding/expressing opinions on what, when and how RDOA should take action, each one of us must consider the above and many more aspects.

I feel we should let RDOA proceed and contribute to the cause as much as we can, over and above the Rs 1500/- for membership.

deepak sharma said...

Delaying tactics.
On first hearing itself the case will be decided in our favour & also the amount with interest

corona8 said...

@Alok Asthana:"..I wonder if it is a good thing to keep it at only the officers level..."

That is a new one, if I may say so.

Who else, other than Officers, was affected by the rank pay?
It'd be a little presumptuous to expect JCO's and below to fund litigartion not affecting them.


Alok Asthana said...

@Corona8- In mentioning the involvement of PBOR, I was referring to the overall campaign for rights of the ex-servicemen community. Rather than have a retired defence OFFICERS association, it will be more useful to have a retired defence personnel association.
However, my communication was not clear and I put it under the wrong heading.

bala said...

@Aerial View

Your opinion and contention is perfect , and absolutely correct.

My contention is ,we as active members should also make efforts for larger support to RDOA by membership increase ,so that the association is more representative and can also meet required legal expenses .

Several officers do come out with valid and useful points.

The extent and volume of information that you have put on u blog is great and is giving strength to everybody . Great effort and action in furthering ,Rank Pay case..

Officers should read through and participate in the efforts of the association -RDOA.

This is the only association that has emerged and existing for officers , like other asso of IAS,IPS...etc.

Other asso like IESM ,IESL ....etc are for everybody of Armed Forces.They deal with many other issues of veterans.RDOA is mainly for officers issues ,so that our interests are not diluted or relegated .officers can be members of more than one asso and pursue those issues concerning all ranks -incl officers.

corona8 said...

@Alok Asthana: "...a retired defence personnel association...."
There are associations such as IESM, IESL, AIEWA which cater to the broader needs of veterans.

That is not to say another association can't be started by those who feel the need to do so.

But I feel that in the context of this blog-post and the issue of the rank pay litigation, RDOA is the one that needs to be focussed upon.

ramesh sharma said...

RDOA is primarily dealing with the RANK PAY CASE and not with other veterans' issues.It has taken up successfully the issue of Rank Pay anomaly created by the Babus while implementing 4th CPC wef from 1-1-1986 and is concentrating to ensure that HSC Decision is implemented in toto.Therefoe, suggesting to rename it to include all defence veterans may not be in order at present.

Murarilal Agrawal said...

Let us consider to start a compaign of vote bank politics.
We must come up openly that if UPA/GOI/DM/MOD do not implement the HSC order dated 04 Sept 2012,none of the servicemen/ex servicemen will vote to parties in UPA and give the party who sort out the issue before election(some target date)
Once The compaign come to media/ social sites it will open EYES of all and UPA will have to act for obtaining votes
If UPA does not react NDA/AAP will react in our favour.

corona8 said...

@Murarilal Agrawal: "..compaign of vote bank politics.."

As if political parties were not aware of this!

How much of an electoral swing in any constituency, or even a municipal ward election, can be brought about by that brilliant idea?

And what does it have to do with the subject of this blog post?

Amal Sarkar said...

Dear all veterans,

Are all the comments/opinions published in this blog are from defence officers?I am in doubt.I feel some one else from other side is trying to divert the concentration from rank pay issue.what is this all about(individual taking up litigation in the apex court,renaming RDOA as RDPA,campaign of vote bank politics,etc).In my opinion, it is not the time to discuss this points when contempt petition has been decided.Opening multi front after HSC verdict, may not be in the interest of veterans.

deepak sharma said...

@Bala:I fully endorse your views & agree that RDOA must only be an officers only body.However, each one of us interested in joining or supporting other orgs such as IESM etc can do so while still remaining an active member of RDOA.While saying this I am in no way going against the interests of non-offr veterans & lend full support to their cause & grievances. In future there will be many issues pertaining mainly to officers where RDOA will continue to play pivotal role.

deepak sharma said...

@some:We as (ex)faujis need not get involved in so called vote bank politics as it is definitely going to side-track the main issue & the very idea is immature & deplorable.
We have been given a verdict in our favour & issue is that of its implementation & not a policy decision to be decided amongst politicians in the parliament.
HSC decision is binding on everybody.

Gio said...
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Gio said...

My Civ friend says,

"If India's Armed Forces are NOT in a position to get even an order given by the highest Court of the land implemented in their favour then I'm afraid we are grossly overstating Indian Armed Forces's true capabilities."

Admittedly I have no convincing answer to this. Does anybody else have?

Meanwhile... Maj Navdeep reports:-

Amal Sarkar said...

Tell your friend that Armd Forces are capable to ensure order given by highest court of the land are implemented in letter and spirit.But in a democratic set up people of India won,t like it as it will amount to mutiny and ----.Armd forces are true patriotic and they don,t want enemies to take advantages out of it.Tell him, Why can,t you civilians mobilise public opinion and highlight the truth to people of India about the injustice meted out to Defence Forces by the present Govt.

corona8 said...

@Gio @Amal Sarkar: "..Does anybody else have?"

Two points:

In an online forum, the normal convention for using italics is when a part of the text from someone else's comment is being reproduced for giving a reply to, as I've done here and not usually for giving emphasis as @Gio has done. Still, newbies are given latitude in that manner of things.

Secondly, why would people continue to derail logic and steer a discussion towards a point where it becomes a discussion of the uninformed and ignorant. I had submitted a point how AFs can't get a judgement "implemented" when they themselves are not litigants.

Is there a case here of Chairman COSC Vs. UOI? Has such a case ever been there? Can it ever be there? There are several easily understandable words to describe thinking that would conjure up such notions, but best not to use them.

Of course, it's RDOA's discretion to permit comments regardless of how dense these might appear to the meanest intellect. I had made a simple point on the matter back there.

Harry said...
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Gio said...
This comment has been removed by a blog administrator.
corona8 said...
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corona8 said...

What can be uprooted from treeless desert plains?

But the lesson worked.

The critter stopped using italics.

This blog post is done. Time to move to meaningful and civilised discussions.