Thursday, September 19, 2013

Attorney General's (AG) Views on IV CPC Rank Pay Case

RDOA's assessment on the views given by the Attorney General (AG)

The views given by the AG are on similar lines as given by the Solicitor General (SG) when his views were asked for by MoD on the contentious issues as obtained by RDOA through RTI. MoD chose not to go as per advise rendered by the SG and issued implementations instructions vide their letter of 27 Dec 2012 based on the  recommendations and DGL prepared  by CGDA.

Therefore the views of AG are of no significance until MoD issues amendment letter to its letter of 27 Dec 12 notifying the changes. The anomalies/deficiencies are all under the ambit of contempt action. AG has addressed only two which establishes contempt of court order by MoD. As it is, the contempt petition is listed for 23 Sept 13 in Court no 3(Hon'ble Justice RM Lodha) at Item no 16.



Dhoop said...

RDOA, we salute you.

My impression, for what it's worth, is implementation of the services HQs without any amendment, with due penal interest for the delay in paying the genuine arrears from the date due, would be about just fair by way of a resolution.

For a decision to qualify as favourable, I think the machinery would have to set the bar a bit higher.

Venkatesh VT said...

While it may look look like a vengeful attitude,the contempt should take precedence over all other issues since the scant disregard shown by the babus is the cause of all problems being faced by us & hence a fitting punishment to the guilty by the honorable Judges of the SC will make all the babus not to show scorn to the AF.

bala said...

Keep up the resolve.
Your stand and approach is perfect.
We,appreciate your strength and resolve- stand like a rock,come ,what may !

Alok Asthana said...

This is turning out to be quite a fight. While the specific case may be restricted to rank pay, this could well become the foundation of a mindset and/or campaign that challenges the babudom every time they lift their pen.
Is a critical period for RDOA. ALL officers should consider becoming paid members. No organisation can survive without adequate money. Rs 1500/- is a small amount. Please do consider.

Murarilal Agrawal said...

HSC shall positively react fast and favorable to AF as SC now want to ensure the strength and such case hardly come to court where UOI do not have power to amend it through Parliament and no excuse left except to implement it unless HSC give relief . Giving relief is something impossible since HSC has reached the decision while all other HC confirmed it going in depth of all spects

Kanny said...

The AGs opinion based on CGDA's `advice' and Aerial View's latest RTI to CGDA will finally bring out the skeletons as how this happened.

Once that is known, AGs opinion on Query !! & III will automatically become invalid, as he based them on the advice.

Abe said...

@ RDOA AG views and contempt petition---

Well! if it is item 16 on the agenda will it come up on September 23. I am not a pessimist but my experience with ....made me one.

aaa said...

Item No 16, are we hopeful that it will come up on that day ?

Dasila said...

Without changing upward of minimum of integrated scale, how will it benefit the officers who were promoted after 01/01/86 bcoz CDA(O) has just added the rank pay or given rank pay of next rank to which one was promoted. In case of officers who picked up their next rank after 01/01/86, they have been given rank pay and no refixation took place on promotion. In order to bring them at par, minimum of scale ought to be changed. Ld AG's legal advice/comment beyond my comprehension. Can someone please explain this for the benefit of all.

corona8 said...

I am reminded of these lines "The DGL as submitted by the Service HQ’s to MoD is the ‘Apt’ Document fully implementing the directive of the apex court incorporating all the judgment clauses". as posted in this RDOA blog post.

As the contempt hearing draws closer, I now find that text to be more relevant than ever.

Ravi Rao said...

It may be brought to the notice of the Hon SC that it is the Armed Forces in this country who surrender their Fundamental Rights hence it is the Prime Duty of the UOI to protect their interest and not play with them denying them their rightful due. There is no parallel in the Democratic World where Armed Forces Veterans, Widows & Serving Personnel have to fight prolonged battles in the Courts to get their legitimate dues, due to the callousness and negative attitude of the bureaucracy towards the Indian Armed Forces