Saturday, July 13, 2013

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.



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

Thanks a lot for updating .We all have full faith and confidence in you and all are together.

sc said...

RDOA is doing a great job.please keep up the pressure on MOD.

sunlit said...

This update ought to help allay the anxieties of many of the followers of this blog who may have found it challenging to deal with their own internal issues and who may have given vent to their frustrations in terms that, in turn, might have served to detract from the reasoned and rational contents of the blog-posts.

RDOA could consider pre-screening of comments before permitting these to be made public.


, dopapa said....

Thanks a lot. You have allowed lot of irrelevant comments but ultimately taken right decision. You are the best judge to decide timing and about engaging Sr advocates. I wish all the success.

corona8 said...

The re-affirmation of the intention to obtain implementation of contents of the services HQs DGL in totality is most heartening. I wish RDOA total success in realizing this noble objective.


This updating is wonderful. and reassures that "all is well with RDOA' and we can really look forward a bright results.
I wish RDOA and the legal team a very grand success.

JS Jarial said...

Thanks.Gr8 news. Hope to hear frequently on regular basis.

ramesh sharma said...

Thanks for the update.I totally agree with the observation made and insist that we must maintain sanctity of the blog and desist from making unwarranted comments as mature veterans.

Unfocussed said...

It is indeed sad that veterans are forced to a situation where they have to launch a fight against the very state that they once pledged their lives to protect. The Government which displays so much concern for the 'human' rights of terrorists seems determined NOT to grant its own senior soldiers their due.

Alok Asthana said...

The frustration of RDOA members is not surprising. While RDOA must maintain the secrecy of dates and names, they need to treat members a little more sensitively.
An organisation is made up of members too, and not just the secretary and the president. Am at a loss to understand the role of members here. You need to differentiate between members and casual bloggers.

Dhoop said...

@Alok Asthana:"...casual bloggers.." I suppose you'd meant casual comment-makers on this blog.

How do you propose RDOA create this "Dress Circle" for members on the blog?

Do you feel the blog should be read only for non-members and comments should be allowed only if posted by members?

Or do you want the blog itself to be made accessible by password only for members?

I wonder what RDOA would have to say on that line of thinking.

Alok Asthana said...

@Dhoop - Am simply not interested in the role of non-members. The members, however, should have some role in the functioning of the organisation. Whoever heard of one in which members and non-members are treated alike.
See no reason for people to not pay the small amount of Rs 1500/-, but still have their say as vociferously as others who do.

Dhoop said...

@Alok Asthana: I agree with you that all affected parties should minimally be members. At the same time, till such a happy situation comes about, even non-members contribute with inputs and counter-views. It keeps the discussion vibrant.

But, as others have pointed out elsewhere, there may well be a need to curb spam, regardless of the fact whether it is from members or non-members.

Wg Cdr PPS Bains said...

AFCAO web site displays a list of officers whose documents are recd and 2nd list of officers whose documents are not recd. My name like many other officers is not on either list. On contacting they say that your case is under observation, God knows for what and will be resolved in a week. That week has not come for few months. Some enlightenment is needed.

Dhoop said...

@Wg Cdr PPS Bains: It would be best to contact the Officer I/C of your Rank Pay Cell in person. I have heard there are a few issues with the manner in which the IAF payment agency has implemented the Govt instructions for payment of arrears for veteran-friends of IAF.

Its bad enough the implementation letter itself falls well short of ensuring justice. On top of that if the respective Pay Offices, CDA's and auditors start causing additional damage, that would be the height of crookedness.

deepak sharma said...

The inevitable has materialised at the appropriate moment.
I have a feeling it is just a question of time before we are given our rihtful 7 well deserved dues with the good job done by RDOA.
We all have faith in SC & ALMIGHTY.

Raj said...

This should be a closed group only for members.

Pardaman Singh said...

Offrs who got their arrears 6 jun on-wards are those whose records are not available most probably got burnt
PCDA(O) has not been able to upload their due/drawn statement.When contacted on tele they are not able to give satisfactory reply. It seems arrears have been worked out on adhoc basis.How to get the statements uploaded?
Col Pardaman Singh

corona8 said...

@Raj:"..closed group.." This is not a group. Where did you get that impression?
It's a blog.

Do you mean to say the blog should be accessible only to members of RDOA?

Such an arrangement is possible, of course, but it would limit the outreach of RDOA and prevent others from joining RDOA.

Ultimately, RDOA are the best judge.

Alok Asthana said...
This comment has been removed by the author.
Aerial View said...

Col Pardaman Singh, please file a RTI to CPIO, Office of the PCDA (O), Golibar Maidan, Pune attaching a Rs 10 Indian Postal Order payable at Pune to the Accounts Officer, PCDA (O). Please check this address and the payee on the PCDA (O) website.

The request should be on plain A4 sheet - hand written or typed.

CPIO, PCDA (O)has to reply to you within 30 days.

It works, believe me.

Best of Luck

chowpc said...

Wg Cdr PPS Bains Pl see sl no 189 in the list of officers whose IRLA are not traceable or are in badly mutilated condition. Pl send the details as asked for and as available with you.

ravi mahajan said...

we were under the impression that we have already filed "contempt" case in SC. Further, AFCAO for Air Force has not added DA on the Rank Pay. AS per SC ruling, Rank Pay is also included in the Basic.

sunlit said...

@ravi Mahajan:"...under the impression..." What could have caused this manner of jumping to wrong conclusions is a mystery all would like to learn more about. Does the d and d statement issued by your payment agency not reflect the da paid and due as part of total paid and dues amount?

If it does not, have you written to the payment authorities? If not, could you share why not?

Wg Cdr PPS Bains said...

chowpc Thanks .But where is the list available.

ravi mahajan said...

@sunlit, may surprise you but it is fact that Air Force HAS NOT CALCULATED DA on Rank Pay. I have written to AOC, AFCAO and DAV. I also spoke to AOC, who will look into it. I request all members to please check, I am sure it is not given.
After the notice to Def Sec and others 2 months ago, outcome of this was not known, so the impression !

Dhoop said...

@ravi mahajan: You should seriously examine the possibility of sending a specific legal contempt notice to your payment agency as well as their auditors who would have signed on the dues-drawn document. Yours is not an isolated report about the Air Force payment office. They should have at the very least complied with the Govt letter by the last date set by the HSC. It is being reported the uniform'd personnel are more insensitive than even the civilians at PCDA(O).

manu69 said...

1. RDOA is progressing the case well and we all expect a favourable outcome in the near future.
2. Opinion of the AG is also awaited.
3. The AG and the govt should realise that they are fighting a losing battle. My views in this regard are:-
4. The 4th CPC anomaly has been perceived to be rectified by the govt order of Dec 12. But they should realise that the same fiasco was done in 5th CPC wherein pay was fixed after deducting Rank Pay. We were waiting for the court judgement which has been correctly pronounced to refix pay of offrs wef 1/1/86. But the govt seems to be adamant.
5. since there is a precedent of illegal deduction of RP, What is there to stop case being filed for 5th CPC irregularity. The courts will be flooded with nearly 50,000 offrs filing cases. The outcome would be that orders for 5th CPC amendment would be issued.
6. for the 6th CPC, the stumbling block is Lt Col not being Grade Pay of 8700 and an adhoc GP{ of 8000 being given. This also can be contested by the clause of rank pay forming part of Basic Pay. 13500+1600=15100. when a civil scale of 14300 is given GP 8700, how can 15100 be fixed in a lower Grade. correspondingly the GP of Col/Brig/Maj Gen will have to be revised upwards.
7. I agree there will be some offrs who will be adversely affected with a miniscule amount of arrears. (In the present scenario also I saw somewhere that a Maj Gen has recd a pittance of approx 500/.)
8. Major with 21 yrs during 5th CPC is also entitled to RP of Lt Col at 21 yrs. So in 6th CPC he has to be fixed at 8700.
9. An offr commissioned after 1/1/86 will have even after calculations as per DGL of TRIPAS, arrears of 4th CPC 15000 approx. The arrears of 5th CPC adds up to 2.3 lac.
10. in 6th CPC by accepting that Lt Col Basic is 15100, the arrears due are 5.37 lac.
10. My views are that we patiently wait for the outcome of the RDOA offensive. if the outcome is not favourable then my thoughts as above can be considered.
11. Any suggestions please.

corona8 said...

@manu69: Paras 4 & 5 of your comment simply ignore the essence of what the whole issue is, what RDOA have been stating in the blog posts and what others have outlined in their own blogs. Please read the services HQs DGL. That is a clear indicator of what the resolution needs to be.

Murarilal Agrawal said...

One shall read the happening & the judgement of HC of Raj dated 19-7-13 publish with heading
"JAB DANDA parta he tohi kam hota he"
It is a judgement on contempt of court similar to RDOA contempt court being done in SC.
It is very Morale boostig for all of us.
Acutting of it i have send to RDOAon their E mail for informing to all.

manu69 said...

@corona8:" Sir, I have been following the developments and am also of the opinion that the DGL is the correct implementation for us. My comments are for the Babus to realise their folly of not implementing the SC verdict. The DGL covers all aspects and affects everyone uniformly.

chowpc said...

Wg Cdr PPS Bains, Pl see the
Air Force Website as mentioned by you.

Wg Cdr PPS Bains said...

chowpc Thanks finally I managed to stumble upon the list.But I don,t think I will be able to provide them all the documents and so will be the case with other officers retired long back.Any way thanks for the concern and trouble taken to guide me.Calls to AFCAO on the matter were fruitless

Satish Kumar said...

Today's news in Mail Today is sickening.As was expected, the Govt is dithering & delaying to correctly implement the HSCJudgement. It is high time we go to the SC for contempt petition.Other related issues like Broad banding of Disability,for which the govt has put up a review petition should also be taken up.The Govt is just waiting for general elections & the new govt to sort out rank pay case