Monday, February 17, 2014

Rank Pay case in Mail Today

Rank pay case exclusive: Babus make veterans wait on older case

Jugal Purohit  New Delhi, February 17, 2014 | UPDATED 21:13 IST
 

Lt Colonel (Retd) BK Sharma (Left)
On a day the UPA's Vote On Account aimed at delivering the long-awaited One Rank One Pay (OROP) to the defence forces personnel, came yet another reminder of the difference between grand promises and their tardy implementation.

Top bureaucrats, including former defence secretary and present Comptroller and Auditor General (CAG) Shashikant Sharma, Secretary RS Gujral, Arunava Dutt and Priti Mohanty were ordered to appear in the apex court to face contempt petition moved by the Retired Defence Officers Association (RDOA). Not only did they not appear in the court, they in fact sought from court time to file their side, causing much heartburn to the veterans fighting this long battle.
 What did the SC say?
Accusing the bureaucrats of 'deliberate and intentional non-compliance' with the apex court's earlier order of September 2012, the RDOA had filed a 49-page contempt petition before the SC. Acting on that, the deputy registrar of the SC had issued an order on November 27, last year mandating these bureaucrats to remain present in court. In fact, the SC order went further and mentioned, "You shall attend the court in person on the above mentioned date and shall continue to attend the court on all days thereafter to which the case against you stands adjourned and until final orders are passed on the charge against you. HEREIN FAIL NOT."
 
"None of them appeared," said Lt. Col (retd) BK Sharma of the RDOA. "The Solicitor General appeared on their behalf and said they will file a reply today. Court said okay and gave another two weeks, if we would like to file anything as response. The court should have taken suo moto cognisance of this asking why, despite the court asking them to appear in person they did not remain present," he added.
"This is a much older case in which even the Supreme Court has closed the issue. There is no accountability for those in charge of implementing it. This is money due to us for al most 30 years ago and yet there is no resolution in sight," added Brigadier (retd) Dharam Prakash, active member of the Indian Ex Servicemen Movement (IESM).
The RDOA had filed a 49-page contempt petition in this case on account of what they believed was deliberate and intentional non-compliance with SC's order of September 2012.  
What is the Rank Pay case all about?
The case, famously known as the Rank Pay case was initiated by Major AK Dhanapalan when he aprached the Kerala High Court in 1998 praying that as per Govt of India resolution, 'rank pay' was admissible to army officers in addition to their integrated scales. Since this was to take place since 1.1.86 i.e date of implementation of the fourth pay commission, court allowed him re-fixation of his pay from that date without deducting his pay based on rank pay -  a practice which was taking place then. Subsequently, the RDOA took up this case on behalf of retired officers against whom the MoD lost all appeals and petitions before all courts, including the SC.
 

14 comments:

Soldier said...

What should be the next course of action? I think whatever we do must have a shattering impact on the Govt and the best time to launch a counter offensive is approaching....short of General Elections...thats the time it'll hurt them the most. Lets leave it to the RDOA who is best informed to take the next course of action.

Premanathan V.K. said...

You should not be surprised if you find an UNDER SECRETARY filing a confusing affidavit. USs IN USA AND United Nations is a fairly senior post - the Under Secy in MOD is a civil servant (IAS Etc) with 5-6 years service or a promotee clerk or Assistant.
Thsse are not weighty issues for their majesties to show up in the SC! And this is the contrived civilian control..

Ranjay said...

'Herein Fail Not' Says SUPREME COURT.

'We will not ' say the Babus

thats INDIA MY LOVE........

Lt Col A P E Kutty said...

A.P.E. Kutty. 9496119539. Kudos to the Babus of MOD who defied the upex court orders. Don't be surprised that OROP will also face its death in the hands of the Babus of MOD and MOF ? The babus have proved that they are above all in the heiranchy of the Govt. Regards.

Lt Col A P E Kutty said...

Lt. Col. A.P.E. Kutty (Retd)
Surprising that the officials of Min. of Def.failed to appear before the Hon. Supreme Court. Who else is there to approach for the veterans of the Indian Armed Forces ?

Dhoop said...

@Lt Col A P E Kutty: Whether or not there has been "defiance" is a matter that will be judged by the Hon'ble Supreme Court on 10th March. RDOA's legal team will ensure the course of the litigation follows the correct lines.

Now, the thing to consider is what reply Ld SG filed at the time of the last hearing. That is what we should be concerned about.

Taaza Khabar said...

Their Lordships may have permitted non-appearance of the Contemnors under Section 205(1) in The Code Of Criminal Procedure, 1973 which states: -

(1) Whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of the accused and permit him to appear by his pleader.

Venkatesh VT said...

The real mystery is why SC condoned the absence of the Secys & was there any arguments on behalf of the RDOA?Similar stunt was done in another case by the Govt(pre 2006 civil pensioners contempt case) where the lawyer argued well & forced the govt to eat humble pie.Please see http://www.rscws.com/pdfdocs/Hearing_of_Contempt_Petition_Pended_to_19-02-2014.pdf

Venkatesh VT said...

The real mystery is why SC condoned the absence of the Secys & was there any arguments on behalf of the RDOA?Similar stunt was done in another case by the Govt(pre 2006 civil pensioners contempt case) where the lawyer argued well & forced the govt to eat humble pie.Please see http://www.rscws.com/pdfdocs/Hearing_of_Contempt_Petition_Pended_to_19-02-2014.pdf

Dhoop said...

@Venkatesh VT: "..real mystery..";
What is the "mystery"?
Do you know what reply Ld SG furnished?

If you do, it'd be clear to you there's no mystery.

If you don't, then the real mystery is what the reply is.

Let us hope RDOA will throw some light on that mystery.

Venkatesh VT said...

@Dhoop "What is the "mystery"?
It will remain a mystery what ever the reply given since the SC has itself ordered the appearance.One needs to understand the context

Dhoop said...

@Venkatesh VT: Those experienced in the processes in the higher judiciary, like, I'm sure, the RDOA legal team would know. If the Ld SG filed a reply to the contempt notice and some time was given to RDOA for filing a rejoinder, the Hon'ble SC would, I'm again sure, would make a pronouncement on the whole matter, including that of the non-appearance of the contemnors as directed in the notice.

Perhaps RDOA could guide us, as far as possible, without compromising the legal requirements of not airing views on an on-going case, of course.

SATPAL SHARMA said...

Respected RDOA,
Thanks for upholding the spirit of we veterans with the hope in desperation. God made human to be his image, human said who is god?
SC is created by constitution, but SC decides to flip plop playing in to the hands of fantastic four, what can we do. SC should have insisted for appearance of 4, but did not do so, whom will u approach. fresh confusion, fresh frustration, fresh despair. ultimately some more of us will vacate the heavenly earth without justice.
May god bless the mighty humans.

Ravi Rao said...

During the proposed meet of Ex-Servicemen with Rahul Gandhi who call himself a soldier and well wisher of services fraternity, the following question may be asked to him by someone in Chandigarh

"Why has not your Government implemented the Hon SC verdict in the Rank Pay Case and is still pursuing it against the opinion of Attorney general and Ex- Solicitor general have given their opinion, this is nothing but a case of Congress Sadism / attitude towards Service Personnel & Veterans."
.