Wednesday, July 31, 2013

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 

57 comments:

Air commodore (Veteran) SK Soni said...

Thank you

Air commodore (Veteran) SK Soni said...

Thank you

Air commodore (Veteran) SK Soni said...

Thank you

gentle said...

We fully support you in this regard & would pray for the quick disposal of the case in our favor!

gentle said...

We support you in this regard & would pray for the quick disposal of the case in our favor!

Sainathan said...

Great News!! And thank you!!

Dhoop said...

Here's wishing RDOA total success. May The Force be with you. :-)

MAJOR NAZAR SINGH GILL said...

I, son of God, prey to HIM,my Omnipresent GOD (NIRANKAR -Nir Rang, Akar and Formless} to Bless success to RDOA and all old age veterans to remove all enomolies (including Rank Pay grant and inclusion in Basic Pay of IV,V and VI CPCs pay scales of Armed Forces Officers Pay and veterans pension, Broad Banding Medical Disabilities to 50,75 and 100 % scales.Mr.Gp Capt Karan Singh Bhatti and Team, Thank you, Thank You x 1,00,000 times and Keep it UP. GOD will bless you with success.

Unknown said...

Very heartening news.May God Bless all those who are behind this noble cause.
Brig(Retd) L D Sharma

well wisher said...

Great RDOA. Our hopes are pinned on you.

Aerial View said...

Congratulations. Best Wishes, Always.

he said...

Great News. I hope the babus are punished appropriately for the mental distress it has caused to the old age pensioners in the fag end of their life. All the best RDOA.You are doing a great job.

Young50 said...

Dear RDOA and its able team,
A great news after a long wait. Please do let us know if there is anything the serving community can do at any stage of this case, moral or financial, we are all with you. God bless with a spectacular victory to put an end to all the dirty tricks of bureaucrat over two decades. I hope HSC grasps the conspiracy of MoD,MoF and the greatest villain CGDA and deliver a befitting judgement at the earliest..

Pawan Chandra said...

It is a great feeling to know that there are officers like u who are working tirelessly for benefit of others.your efforts will not go in vain but will be spoken about by officers for generations to come.

lt col s chandra

Satish Kumar said...

Heartiest congratulations ! Masterly stroke before the Independence Day.

Anonymous said...

Great News!We are with you RDOA. A soldier's battle is over only when he breathes his last since if he is a true soldier his battle never finishes in uniform or off of it.As a person who is a fighting a big builder for the benefit of old citizens i understand what it is to fight a legal battle.What you are doing today is the foundation for the army of tomorrow for it to be respected & given its dues.The battle will never get over & i am sure other torch bearers will emerge & will never let the flames die.Long live the spirit of the soldier !

DS Ramakrishna said...

Hearty Congratulations and Very many Thanks. Good Luck, God Speed and All The Very Best For Favorable Ruling.

Msk Rao said...

Heartiest Congratulations

Now please ensure that the, Case is not made to linger any further....

and HSC be pleaded to order Contemnors ( Defence Secretary, Secretary Defence Finance, Secretary Expenditure (MoF) and Controller General of Defence Accounts (CGDA))to make the Balance Payment within 1 month as all Bank Details have already been collated.....

and no further details are required to be collated....

only Payment Transfer Action has to be initiated with the Click of a Mouse.....

DS Ramakrishna said...

Hearty Congratulations and Very many Thanks. Good luck, God speed, and all the very best for favorable Ruling by the HSC.

Alok Asthana said...

Looks like a job well done. My best wishes.

sunny said...

Great News!! And thank you!! Long Awaited

deepak sharma said...

Well done & great job RDOA.
Things definitely will move fast as the matter pertains to welfare of society.I extend full support in this endavour of RDOA.All the best

JS Jarial said...

UNENDING FIGHT OF SOLDIERS- While in service, the soldiers fight for the nation. Let it be a case of child struck in bore well,earth quake, flood, failure of civil administration, any other natural calamity or internal/external aggression, the soldiers are always in action............ After retirement they are forced to fight with own government in the high/supreme courts to get their dues....rank pay, OROP, disability broad banding and so on. THE SOLDIERS ARE BORN TO FIGHT. Thanks RDOA. Hope to hear good news in the near future.

JS Jarial said...

UNENDING FIGHT OF SOLDIERS- While in service, the soldiers fight for the nation. Let it be a case of child struck in bore well,earth quake, flood, failure of civil administration, any other natural calamity or internal/external aggression, the soldiers are always in action............ After retirement they are forced to fight with own government in the high/supreme courts to get their dues....rank pay, OROP, disability broad banding and so on. THE SOLDIERS ARE BORN TO FIGHT. Thanks RDOA. Hope to hear good news in the near future.

chowpc said...

Our best wishes and total support to RDOA and the Legal Team.May God Almighty be with you all,always and for ever.
Chowpc

lt col(retd) s n ram said...

shiva said,
congrats. teevra chaukash. pl keep fighting as you all are brave hearts. their is ALMIGHTY GOD WHO LOVES THE SOLDIER BECAUSE OF their sacrfice people are able to remember., pay his hymns and so on

sc said...

Great news,wish RDOA all the best and pray to god allmighty for the success.

Parvinder Bir Singh said...

Best wishes .Only RDAO can do it and no body else.

mathew said...

RDOA and Major Dhanapalan have done great service to Soldiers community.
All those officers who got arrears consequent to the court orders should be grateful to those who spent time,energy and money for the cause.
There is no harm in sending a small contribution to RDOA for meeting the legal expenditure
Best wishes to Team RDOA
Major Mathew Oommen, Pune
9890560111

ramesh sharma said...

Thank you, RDOA.May ALMIGHTY grant speedy relief to fighting veterans.WELL DONE!

Velayudhan said...

Congrats and wish you all the best.
Thanks
With regards
VELAYUDHAN

Sharad Shukla said...

Congrats and all the best!

Col Rishi Sharma said...

Congrats & all the best

Ratnakar said...

Best wishes for a speedy positive verdict

Col Pradip Dax said...

Let us all support RDOA in our own humble way atleast.......?

.....All those who have not become Members of RDOA, kindly download the "Membership Form" from RDOA website and forward the same duly filled with your "Personal Data" and your "Membership Fee" of Rs 1500/= to RDOA New Delhi quickly before the matter is listed for hearing in the HSC......

.....this action of Non RDOA members will prove that...

....."YOU'RE SUPPORTING THE CAUSE OF RDOA"...

PK Chhibber said...

Best Wishes to RDOA for taking up the
fight against evil designs of MOD.
May The Almighty bless the team for
success in the Hon.Supreme Court.

All officers who are not members of RDOA,please join the same soon to
support the cause.

Sqn. Ldr. PK Chhibber ( Retd )
01 August,2013

lt col shamsher manhas said...

Thanks, truth shall prevail.

Alok Asthana said...

This is a request for non-members of RDOA to become paid members. To many, it would seem unethical to not pay up INR 1500 to the organisation that has got you your rank pay arrears and promises more.
Service officers have always played fair. Well, mostly, if not always.

CL BEDI said...

May I request RDOA for benefit of its members to briefly state, in simple words, the procedure and stages involved in a Contempt Petition like ours.

deva kumar said...

Thank you RDOA.Good luck for our case.All retd offrs may opt to be members to support our cause.
regards

Murarilal Agrawal said...
This comment has been removed by the author.
Murarilal Agrawal said...

Thanks .Best of luck to each of us The devoted Efforts of RDOA will positively results in favourable outcomes for all of us.

Ratnakar said...

Best Wishes for a early positive verdict

opinder singh said...

Thanks RDOA. I am sure truth shall prevail. SC is the only hope of soldiers in this country. NFU & other anomalies pending for last seven & half years after will never see the light of the day till our chiefs decide to go to the court or thump the table. Although its almost 28 years the soldiers are continued to be denied the legitimate dues and this is after SC orders, I am sure truth will triumph. I recommend to the veterans to become members and pay up a nominal fee of RS 1500/-.I will request all to also bring in 10 additional members to support RDOA.
Please intimate date fixed for next hearing.

SK Jain said...

Wrong Implementation of Govt. Decision On ‘Minimum Assured Pension’ in r/o Armed Forces Pensioners With Less Than 33 Years’ Service

Dear Veterans,

As is well known, Armed Forces Officers retire at an early age and majority of them fall below 33 years’ service (including erstwhile weightage). This group of Officers has been cheated by the Bureaucrats by reducing ‘minimum assured pension (Modified Parity)’ pro-rata for less than 33 years’ service, which is contrary to the decision of Govt. In this regard, I would like to submit the following points:
1. Govt. decisions on the recommendations of 6CPC, concerning pensioners (including Armed Forces Pensioners), have been notified vide Govt. Resolution dated 29.08.2008.
2. Resolution dated 29.08.2008 is the core document and should have been implemented without any addition/alteration. This logic has been held legally correct as per the judgements delivered by full bench of CAT (subsequently upheld by Double Bench of Delhi High Court) and by Double Bench of Punjab & Haryana High Court. Supreme Court has recently upheld these judgements.
3. It is not mentioned either in the recommendation of 6CPC or in the acceptance resolution of Govt. that the ‘minimum assured pension (Modified Parity)’ for Past Pensioners is for 33 years’ service and the same will be reduced pro-rata for lesser service.
4. The condition of 33 years’ service and pro-rata reduction has been added at the time of implementing Govt. resolution which is illogical and legally wrong.
5. In view of the addition/alternation to Govt. resolution at the time of implementation, Pre-2006 Armed Forces Pensioners having less than 33 years’ service are not getting ‘minimum assured pension’ as decided by the Govt.
A Note on the subject with relevant extracts and links can be accessed here:
https://docs.google.com/file/d/0BxlA85XZDDyxejNaRzhUWWRYdnM/edit?usp=sharing

Major (Retired) SK Jain

SK Jain said...
This comment has been removed by the author.
5064k said...

Thankyou Team RDOA for this long awaited action. I hope the HSC settles the issue by 26 Jan 2014.

Samar Das

5064k said...

Thankyou Team RDOA for this long awaited action. I hope the HSC settles the issue by 26 Jan 2014.

Samar Das

ltcolmohindersingh said...

Thank you ,good luck and hope u succeed this time, and the matter is decided in our favour. u r efforts will be rewarded, GODbless

Ravi Rao said...

The judgement of 4 Sep 2012 was a partial victory for the Veterans and also for the UOI as it had succeeded in denying the interest element of 20 years. In all fairness Veterans should have been paid interest as per DSOP norms this would have saved paying Income Tax on the arrears. There is no parallel in history where legitimate due of Government employees have been denied to them, except this case.
Also the payment of Arrears has not been logically concluded as directed by HSC before 31 May 2013 as still there are many officers have not received their arrear and all most none have received the arrears of pensions.
The Contempt Petition should also request a Review seeking payment of Interest for period 1986-2005 at DSOP rates and exemption from Income tax payment.

Pardaman Singh said...

CAUTION
Those officers who got their arrears after 5th Jun 13,pl check if u got correct arrears. The record of these offrs is neither available with PCDA(O) nor with AHQ. So the arrears have been given by mere estimation. PCDA(O) has not bothered to go through the documents which we sent to them. In my own case,though I sent work sheet issued by PCDA(O) according to which my 4th CPC pay was fixed. My revised pay has now been fixed incorrectly ie Rs 300/- less as per my due drawn statement.I have been shown retired 5 years later. I have spoken to some more offrs,there are anomalies in their pay fixation also. Maj Gen Ramesh Chander AOC is being shown retired as COl. One ffr who was Lt Col as on 1.1.86 is being shown as Capt. The list is endless.So those offrs who got arrears after 5 Jun are requested to go through their due drawn staement minutely. And write to PCDA(O) in case of discrepancy. I have done it.

Col Pardaman Singh

CL BEDI said...

My interaction with DCDA (Air Force), to remove some of anomalies in my PPO for payment of gratuity/pension, gave me the impression that due care & caution is not being exercised while issuing PPOs.

In my case a HBA taken by me about 30 years back and settled 26 years back at the time my retirement was adjusted towards gratuity now payable to me.

Mistake has now been corrected after persistence perusals.

Details of my case have been provided to RDOA through separate email for their information and in case they want to use it during Contempt proceedings.

All Air Force Officers are, therefore, advised to carefully check the correctness of their PPOs.

Sainathan said...

Ref Maj SK Jain dt 03 Aug 2013.
You may be aware of two AFT judgments in favour of veterans(Wg cdr(retd) VS Tomar vs Union of India OA No. 106 of 2009; Lt Col Harpal Singh Vs Union of India OA No. 546 of 2010). These judgments deal with the same issue of pro-rata pension for less than 33 years of service. The operative part of the judgment reads thus: "Therefore the petition is allowed in part and para 5 of the order dated 11 November is struck down...."
I had taken up the issue with the PCDA(P)for refixation of my pension in the light of the above judgment (I have less than 33 yrs service). The reply I got reads: "no govt sanction/order has since been received till date(04 March 2013), as and when govt. sanction will be received necessary action will be taken at this end."
I don't think this govt will give you anything legitimately due to you unless you go to the supreme court, and that too after the govt. exhausts all reviews/recalls by the HSC as well as examination by high powered committees of Babus. This may take ages and eventually you may not get your dues, and even if they are forced to implement the orders, they will try to cut corners, as they have done in the rank pay case.
After waiting for a couple of weeks, I am planning to move the AFT.

CL BEDI said...

@Sainathan
I understand that, as usual, GOI had gone into appeal to Hon'ble SC in at least one case where Wg Cdr (Retd) VS Tomar got a favourable judgement from AFT (Delhi).

I do not know much of other details. You may like to recheck.

I further understand that Wg Cdr Tomar is a practising advocate in AFT (Delhi).

I am sharing my little information that I have and which may be of help to you.

Dhoop said...

@SK Jain; @Sainathan: You may consider comparing notes with this group.

Harry said...

@RDOA

Thank you Sirs. Immensely edifying!
1. Now let us sincerely hope that the date of first hearing (after issuing notices to the contemnors to file their replies) is given in the current calendar year itself!

2. Once first date is given then it is anybody's guess how long will UoI/SG manage to drag the case.

3. In best case scenario, post yet another favourable verdict by HSC, expect further delays for pay out by 'worthies' at CDA(O).

Fingers firmly crossed!

corona8 said...

Now that the contempt petition is underway, it may be worthwhile to examine some side issues that could further strengthen the case. Of course, RDOA's team would already have covered all pertinent issues, but there is a chance other inputs may also be worth considering.

Apart from the major issues, is it possible due entitlements in respect of various other basic pay dependent allowances arising out of pay revision may have been deliberately denied?

I had sought to bring this to RDOA's attention on a previous blog-post by way of a comment.