Monday, September 23, 2013

Update Contempt Petition:IV CPC Rank Pay Case

The Contempt Petition in the IV CPC Rank Pay Case had come for hearing today ie 23 Sept 2013. RDOA asked for adjournment of the case by one week due to non availability of the Senior Advocate of RDOA which was accepted by the Court. The next date of hearing will be put on the BlogSpot when known.

19 comments:

Venkatesh VT said...

While i don't want to speculate are there any feelers from the govt for a compromise specially after the AG's opinion & since the contempt is real & the Secy Def is the accused

Young50 said...

Dear RDOA,

SC website says due to personal difficulty expressed by Adv Gp Capt Karan Singh Bhati in writing for adjournment by four weeks, the case is now listed for 21 Oct 13. With due regard to the sincerity and legal calibre of your team, it may not infuse any confidence in our minds. Justice delayed for more than 27 years, at this rate what is the surety that everyone including the SG and veterans counsel would be available and Court would hear preliminary arguments on that date. We can at the best say our prayers for prevalence of good sense to all the parties! Jai Hind!
Pl do not accept any carrots from this Govt unless our DGL is signed and a copy faxed to your office!

Sainathan said...

I'm also wondering what are the issues that need to be adjudicated. The govt's topmost legal advisers(SG & AG) have rendered their opinion-which clearly establishes that the govt has no case. Can these officers take a different line, when the case comes up in the HSC? And, how would they reconcile between the cash outgo worked out by the Govt and what has really been paid now, based on their "interpretation?"

corona8 said...

@Venkatesh VT: "While i don't want to speculate.."

Then, why are you speculating?

As RDOA have stated, they'll keep everyone informed. We should wait for the next update.

Aerial View said...

Next hearing 21 Oct 2013

WG.CDR.V.SUNDARESAN(RETD) said...

Now that the 7 PC and the first Mil PC are constituted(as per scroll news in TV0, what will be fate of the case? and all the anomalies?

I think babus have the last laugh. The govt may argue that since new PCs are formed, all the anamolies/arrears/clarifications should be dealt by the new commissions & 1 MPC. then ESCAAAAPE.and further delaaaay.
v.sundaresan

Voice in the Wilderness said...

@Sainathan, Two issues need to be resolved are: - (1) Is the minimum pay of rank as worked out by MoD and used by CGDA to buttress their argument correct because it is not in Chapters 28 - Armed Forces and 30 -Pay Fixation of the Fourth CPC report & recommendations and GoI Resolution 9 E; (2) Sixth CPC in Chapter 2.3. states that previous Pay Commissions have equated Brig with DIG for purposes of Pay fixation. The top of the pay scale for DIG is Rs 6150 but for Brigadiers is Rs 5100. Shouldn't the Brig pay scale ceiling now be made Rs 6150 in view of the Hon'ble Supreme Court order for restoring Rank Pay? (3) The original cash outgo of Rs 1623.71 crores appears (Repeat) appears to have been worked out for arrears of 4, 5, 6 CPC.

CL BEDI said...

@ Aerial View & Young50:

Sir,

The next DOH, according to SC web-site is 28.10.13 and NOT 21.10.13.

RDOA may like to confirm.

Alok Asthana said...

There are some comments indicating that it may be argued that the anomalies will be addressed in the 7th PC, so the case loses its punch. However, our plea at this stage is not about anomalies but about non-adherence to the SC order passed in our favour, by certain babus. If we stick to this stand, we are OK. If we don't, we'll get back to square one.

Sting in the tail said...

@Alok Asthana,the Contempt Petition (CP)is about violation of the Hon'ble Supreme Court order of 4.9.2012 in the MoD letter of 27.12.2012. Ld AG has given his opinion on 3.9.2013 which supports RDOA in the aspect of the applicability to 4th, 5th and 6th CPC insofar as Rank Pay is concerned.

The CP has nothing to do with anomalies.A Pay Commission cannot over-rule the Apex Court order by sitting and deciding about so called anomalies.

Only Parliament can over-rule the Hon'ble Supreme Court by issuing a an Act. The Cabinet can pass an Ordinance, but that can be challenged in Court. Neither could happen in the Rank Pay case.

MANGE PANGHAL said...


, ...Contempt petition is only for not implementing the Hon'ble SC Order dated 4.9.2012 against contemnors and no other issue can be brought or argued. In case the contemnors comply the order to the satisfaction of Hon'ble Court, the contemnors shall be discharged, otherwise the notice will be issued and they will be heard and then appropriate directions or action will be initiated by Hon'ble Court.

S Chander said...

Deferment of hearing in Contempt Petition by almost a month does provide some breather to the MOD. I can appreciate that RDOA has given a last chance to MOD to mend their ways and avail this opportunity to bail themselves out by implementing SC order as per DGL of Service HQs.

There is no harm in being optimistic and wait for another month or so.

However, this deferment of hearing as per request of RDOA may not turn into a self goal. The perpetrators of MOD who have indulged in deliberate acts of harming the armed forces may go scot free.

Aerial View said...

@ S Chander,

There must have been compelling reasons for the Advocate on Record (AoR) for RDOA, Gp Capt (retd) Bhati, to seek an adjournment (and not deferment!) in the CP (C) 328/2013.

Firstly,RDOA has fought the battle since 2007 on behalf of all 48000+ similarly situated officers with a contributory membership(at present)of a fraction of that number. This was and is possible because the AoRs, Gp Capt (retd) Bhati and Ms Aishwarya Bhati as well as Senior advocate Mahabir Singh are doing it gratis.

Secondly, the opinion of the Ld Attorney General is there in writing on two of the six issues raised - the applicability of the Hon'ble Supreme Court order to 4, 5, and 6 CPC and restoration of the Rank Pay.

Finally, one should be soldier-like and not voice negative feelings and opinions.If there are severe negative concerns about the legal tactics and strategy, then one could write to RDOA at the given its email ID for the RDOA to address.

jdosvd said...

SO MANY OFFICERS HAVE RECEIVED REVISED PENSION ORDERS BUT BANKS HAVE YET TO EXECUTE THE SAME......SIGH....

Lt Col HP Singh said...

It is attempted to clarify two issues - firstly, 4th CPC rank pay anomaly case is the one which was deliberately misinterpreted by the babus of MoD, by virtue of their ever negative stance. Otherwise the judgement of HSC was crystal clear even to laymen. Secondly, the unresolved anomalies of 6th CPC in is the second issue gathering dust in MoD since last one year and these are the ones which are being contemplated to be rolled over to 7th CPC, again by the same set of discriminatory babus of MoD.

Manuureet Singh said...

I appeal to RDOA to write to or even interact with Chairman COSC & Chief of Air Staff and request him to strongly bring to the notice of RM the inordinate delay (a year plus)by MoD in responding to PMO on the recommendations of Cabinet Secy Committee, on the 6th CPC anomalies wrt armed forces . All will recollect that Committee formed by PM under Cabinet Secy in Jun 2012 had submitted its recommendations within two months to PMO in Aug last year which were further sent by PMO for comments of MoD in the same month.

Young50 said...

@Manuureet Singh

Please read the posts in www.indianmilitary.info dated 25 Aug 13 and 13 Sep 13 whereas these issues have been discussed threadbare. Only four issues were handpicked.But for "bridging the gap" towards the aim of OROP, rest have been sent to recycle bin (7 CPC). With the constitution of 7 CPC, all anomalies in respect of civilians have officially been put into backburner. Either go to the court to fight for legal remedy till 8 CPC like Rank Pay case or say your prayers for a peaceful heavenly abode. Nothing left in this country for fauj with this Govt of MMS and St Antony (not to spare the star plates of golf courses). Jai HInd! Sorry if I have sounded pessimistic or frustrated but the FACT remains FACT.

Aerial View said...

Till when will we blame the generals for our ills?

Why can't we stand up and be counted (in/out)instead of finding "dutch" courage of being Veterans to rail, rave and rant against those promoted?

Many of you have read the disclosures under RTI. They reveal where the 4 CPC malady was inserted and is being perpetrated.

Para 28.3 reads ".... An expert cell was created in the Ministry of Defence for coordination and appraisal of the proposals to be made by the pay cells."

Para 28.4 reads ".....We were subsequently informed by the Defence Ministry that it had not been possible for the expert cell to work out formulations acceptable to the three services on the one hand and Ministry of Defence and Defence Finance on the other...."

A Rajeev said...

Dear Sir,
Only solution for our problems.
Kindly mobilize the exservice men and service community to become voters.All issues will be resolved in a matter of short time.