Saturday, December 7, 2013

IV CPC Rank Pay Case: Hon'ble Supreme Court Issues Contempt Notice

Reference hearing of the Contempt Petition in the IV CPC Rank pay case on 19 Nov 13 wherein the apex court had ordered that 'Contempt Notice' be issued to the Contemnors. The Hon'ble Supreme Court has issued the said notice on 27 Nov 13. Find attached. Left click to view notice. Right click to open in new page. GIST: The contemnors will have to appear in person at 1030h on 13 Feb 2014 in the Court and will continue to do so till finalisation of case. HEREIN FAIL NOT



16 comments:

ramesh sharma said...

It is a heartening news!Thank you RDOA team.We shall finally hope to get our dues.Thanks once again.

ramesh sharma said...

It is a heartening news!Thank you RDOA team.We shall finally hope to get our dues.Thanks once again.

SK Jain said...

Dear Sirs,
Thanks for update. This will certainly curb any delay tactics from Govt.side.

dogra said...

dear vaterns,
in view of the results of the assembly election in the four states, the GOVT. NOW ON MAY HAVE TO TAKE CERTAIN POPULAR DECISIONS and that may include 4cpc arrears and the effective date of the minimum assured pension wef 01/01/2006.good luck.

yogesh said...

This is real gud development. The game is now heading to closing ceremony. One odd babu needs to be sent to jail to ensure such tactics are not used by anyone in future.
Best of luck to RDOA...

Ranjay said...

WELL DONE SIR......GOD BLESS!!!

appaji said...

RDOA must attend the case hearing with large number of vetarans and widows and families . This will have great impact. Please consider the suggestion

he said...

why has this not been highlighted by the media ? the CAG going to the SC in person is a breaking news.

Lt Col HP Singh said...

Majority of the veterans and even serving pers are not fully or correctly aware on the intentional lapses of MoD on payment of IV CPC arrears. I therefore humbly request the Secy, RDOA to please briefly educate the fraternity through blog on critical issues which have been placed before HSC in the contempt petition (ie the legitimate issues where the MoD has turned a blind eye towards payment of IV CPC arrears). Has the anomaly wrt non consideration of re-employment period, date of implementation, etc been included?

Satyam ev Jayate said...

@Lt Col H P Singh, welcome to the world of the Rank Pay case.

Complete information of lapses, errors of commission and commission provided through RTI by MoD, MoF and CGDA is available on blog of Aerial View.

The critical issues, briefly are: - MoD, at the behest of CGDA (actually PCDA(O)Pune)supported by MoF/Deptt of Exp believes it is applicable only to 4th CPC because Maj Dhanapalan was paid arrears only for 4th CPC.
- RDOA and Services HQ are of the opinion that it applies to 4th, 5th and 6th Pay Commissions. The Ld Attorney General has upheld the Services HQ point of view in his opinion dated 3.9.2013.

- MoD, CGDA and MoF/Deptt of Exp have stated in numerous notes on files that Rank Pay was deducted when re-fixing pay in transition from 3rd to 4th Pay Commission. But they have stated to the contrary when furnishing the MoD order of 27.12.2012.

- MoD, CGDA and MoF have stated that the 4th CPC has recommended a minimum pay for each rank in Chapter 28 in Annex 28.1 to Para 28.113. But it does not contain a minimum pay for each rank because that table is for 28 years and the GoI telescoped the pay scale 2300-5100 to 23 years in its Resolution 9E.

-MoD, CGDA and MoF state that there is a maximum of pay scale as per Rule 7 (1) (A), proviso 2 of the CCS (RP) Rules 1986 but gloss over the fact that such a ceiling has been removed vide DOP&T OM dated 10 Apr 87.

- MoD, CGDA and MoF argue that Maj Dhanapalan did not mention the maximum or ceiling of pay, conveniently omitting the fact that Dhanapalan, as a Major would not have been anywhere near the ceiling because that would have been possible only if he was a senior Col or a Brig.

Lt Col HP Singh said...

@ Satyam ev Jayate
Thnx for navigating me to Aerial View - an ocean of information on anything and everything that is happening wrong monetarily to a soldier, kind courtesy MoD, CGDA, etc.

dajay said...

Now the time has come to put the whole issue of rank pay injustice to defence personnel in full public glare through effective media management thereby exposing all contemnors & inaction of people in power.

RC said...

See latest on "Rank Pay Case". Articles in India Today and Mail Today.

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

Dear satyameva jayate, thanks for the valued explanation. only thing is OUR OWN MOD IS NOT REALISING THIS. HOPE AFTER THE CONTEMPT CASE, EVERYBODY WILL GET A SHOCK OF THEIR LIFE.
KUDOS TO RDOA FOR THEIR EXCELLENT HANDLING OF THE ENTIRE CASE. THERE WILL BE DEFINITELY LIGHT AT THE END OF THE TUNNEL
wg.cdr.v.sundaresan(retd)

Aerial View said...

@Lt Col HP Singh and Wg Cdr (retd) V Sundaresan,

The MoD is led by the blinkers by CGDA and MoF/DoE because it appears that the latter have either not read the High Powered Committee Report which stated that if the Apex Court order of 8.3.2010 is implemented then changes will have to be made in the integrated pay scale or their power of comprehension has been blinded by the urge to deny the Armed Forces the benefits of the Order.

Secondly, they appear to have not read also the Additional Affidavit filed in Nov 2011 wherein the need to change the integrated pay scale has again been mentioned.

Apex Court's 3 Judge Bench must have perused both - the HPC Report as well as the addl affidavit - and made the order of 4/9/23012. In other words - agreed with the submissions of the HPC and the MoD that pay scales would need to be changed.

Presumably the able legal team of RDOA would certainly draw the attention of their Lordships in the Contempt Petition.

Max said...

What Happened in the Court on 13th Sir.Please update.