ADVISORY

Implementation Instructions IV CPC Rank Pay Case

It is brought to your kind notice that a draft letter on the likely notification to be issued in the IV CPC Rank pay case covering all aspects and the refixation tables from IV CPC to 6CPC in case of each rank from Capt to Brig is in circulation on email. The authenticity of this letter is questionable. The letter is unsigned, without date, without reference and on top is written DGL.

 

Such mails will only add confusion and chaos and put the cart before the horse in the instant case. It may also give food for thought to the sputniks who may not be keen to give us our desired dues.

It is requested that no cognisance be taken of this letter. Kindly stop further   circulation and speculation. Your cooperation is solicited.

 

 

SECY RDOA

 

 

THANKS GIVING & FELICITATIONS

FELICITATIONS: LEGAL TEAM

IV CPC RANK PAY CASE:30 SEPT 12

The legal team which was instrumental in getting the Armed Forces officers their legitimate dues in the landmark and historic judgment given by the Supreme Court on 04 Sept 2012 pertaining to the IV CPC Rank Pay case was felicitated on 30 Sept 2012 in DSOI Dhaula Kuan by Retired Defence Officers Association (RDOA). Over hundred officers were present.

Welcoming the members and guests, the President of the Association, Col BK Sharma said that it was a proud moment in the history of the Armed forces where a few have mustered strength to fight for the majority and seek a judgment which will benefit all from 1986 onwards.

The operative part of the judgments starting with the Single Judge order passed in the case of Major AK Dhanapalan in Oct 1998 followed by the order passed by the Supreme  Court on 08 March 2010, and the dismissal of appeal filed by UOI and upholding its order of 08 Mar 2010 on 04 Sept 2012 was read out for the benefit of the members by the Secretary RDOA, Col Satwant Singh.

The said order will be applicable to all affected offrs of the AF wef 01/01/1986 to 01/01/2006 across board.  It would also be applicable to all pending cases in various courts and AFT’s across the country on the subject case.

The interest will be applicable @ 6% wef 01/01/2006 and not 1986. This is the only change made by the apex court. The court has also directed that all arrears should be paid within outer limit of 3 months from today ie 04 Sept 2012.

It was explained by the Secretary as to how the pay/pension would be revised with the cascading affect from 1/1/86 (IV CPC), 1/1/96 (VCPC), 1/1/2006 (VI CPC). To this affect the commitment made by the UOI on an affidavit filed in the Supreme Court with financial implications of 1623 crores was also read out to the members.

The President then welcomed the guests, Senior Advocate Mahabir Singh and Advocates on Record Gp Capt KS Bhati and Mrs Aishwarya Bhati. A brief introduction of each of the guests highlighting their achievements and contribution to the case was given to the members. The guests were presented bouquets on behalf of RDOA.

As a token of their commitment and unflinching support to the cause of Ex Servicemen, each of the guests were honoured with an ‘Honourarium’ amount in the form of cheque; which is nothing as compared  to the Services rendered and the legal fees charged by them.  As a reciprocative gesture, Senior Advocate Mahabir Singh donated Rs 50000/- to the corpus of RDOA.

Advocate on Record Gp Capt KS Bhati requested all officers to make RDOA strong and the nodal agency to fight and stand for securing denied benefits to the veteran fraternity.

Col Sharma also welcomed out station officers Lt General VK Oberoi, Air

Marshal Savur, Maj’s NS Gill & Sadana. Speaking on the occasion Air Marshal Savur was delighted at the ‘Perseverance and Gusto’ of the RDOA team in getting the judgment. He came all the way from Bangalore to attend the felicitation.

Lt General Oberoi was appreciative at the ‘Resoluteness’ and brain power shown by RDOA and the legal luminaries.

Appreciations and thanks giving were also given by Cdr Ahuja on behalf of Naval Foundation, Delhi Chapter since Admiral Harinder Singh was out of the country. It would be pertinent to mention that Admiral Harinder gave his complete unconditional support for the case from day one and was always supportive of actions taken by RDOA.

Col Joshipura  Krit, Executive Member IESM; on behalf of IESM applauded the efforts of RDOA in getting the judgment for the benefit of all the Armed forces officers.

Thanks Giving

Team RDOA wishes to thanks all its members in supporting it for the ‘cause’ and for all the congratulatory messages sent/expressed on phone/email.

Team RDOA also wants to thank all others who are not members of RDOA, yet have applauded their efforts and achievements.

The felicitations culminated with a contributory lunch.

Next the battle for implementation instructions of the Court order begins.

 

SECY RDOA

 

 

Cabinet Approval on CoS Report

The Union Cabinet has given approval to four points pertaining to the Ex Serviceman

(a) One Rank One Pension (OROP)

(b) Increase in family pension.

(c) Dual family pension

(d) Pension to physically challanged children

To be implemented prospectively

For details see nitinagokhale.blogspot.com and blogspot of Navdeepnitinagokhale.blogspot.com

FELICITATIONS

CIRCULAR

 

 

A MEETING WILL BE HELD ON 30 SEPT 2012 AT 1100 HRS AT SILVER ROOM DSOI DHAULA KUAN TO FELICITATE THE LEGAL TEAM CONSISTING OF SENIOR ADVOCATE SHRI MAHABIR SINGH, ADVOCATES ON RECORD GP CAPT KS BHATI & MRS AISHWARYA BHATI FOR THE COMMENDABLE WORK DONE BY THEM IN GETTING THE LANDMARK & HISTORIC JUDGMENT IN THE IV CPC RANK PAY CASE.

 

2. THIS WILL BE FOLLOWED BY A CONTRIBUTORY LUNCH.

 



3. THOSE MEMBERS DESIROUS OF COMING, KINDLY SEND YOUR NAMES BY EMAIL TO THE SECY RDOA.

SUPREME COURT ORDER DATED 04 SEPT2012: IV CPC RANK PAY CASE

O R D E R

      I.A. No. 9 in T.P. (C) No. 56 of 2007:

                 We have heard Mr. R.F. Nariman, learned  Solicitor  General

      of India and Mr. Mahabir Singh, learned senior counsel for the respondents.

      2.         On thoughtful consideration of the entire  matter,  we  are

      satisfied that the order dated March 8,  2010  does  not  require  any

      modification or variation save and except the interest part.

      3.         As regards  interest,  on  totality  of  the  circumstances

      including the circumstance that Special Leave  Petition  arising  from

      the judgment dated July 4, 2003 in the matter of Major A.K. Dhanapalan

      was dismissed by this Court in August, 2005 and the Kerala High  Court

      had not ordered payment of interest on the arrears of pay,  we  direct

      that the interest shall be paid by the petitioners to the  respondents

      @ 6% p.a. from January 1, 2006 instead of  January  1,  1986.   It  is

      clarified  that  this  order  shall   govern  all  similarly  situated

      officers who have not approached the court and  also  those  who  have

      filed  Writ  Petitions  which  are   pending   before   various   High

      Courts/Armed Forces Tribunal.

      4.          We  record  and  accept  the  statement  of  the   learned

      Solicitor General that arrears of  pay  with  interest,  as   directed

      above, shall  be  paid  to the concerned officers expeditiously  and positively within  twelve  week from today.

      5.         I.A. No. 9 of 2010 stands disposed of accordingly.

      W.P. (C) Nos. 268/2010, 192/2012, and I.A. No. 1 of 2011  in W.P.  (C)

      34/2009 and T.C. (C)   Nos.  11/2010,  14-19/2010,  31/2010,  32/2010,

      33/2010 and 35/2010:

                 The above matters and pending I.As. therein, if any,  stand

      disposed of in terms of the above order passed in  I.A. No. 9 of  2010

      in T.P. (C)  No. 56 of 2007.

 

 

IV CPC RANK PAY CASE

AS ON 04 SEPT 2012

The IV CPC Rank Pay Case was finally heard today ie 04 Sept 2012, in Court no 7, in the court of Hon’ble Justices RM Lodha, TS Thakur and Anil S Dave. The appeal file by UOI for recall of order of the Hon’ble Court dated 08 March 2010 was dismissed by the Court. The court upheld its order of 08 Mar 2010. The Solicitor General spent marathon four  hrs to convince the court about the legitimate deduction of the rank pay but was not able to justify the deduction of rank pay and as  to fitment of pay of AF officer vis a vis a civilian offr drawing same basic pay as on 1/1/1986.

The said order will be applicable to all affected offrs of the AF wef 01/01/1986 to 01/01/2006 across board.  It would also be applicable to all pending cases in various courts and AFT’s across the country on the subject case.

The interest will be applicable @ 6% wef 01/01/2006 and not 1986. This is the only change made by the court. The court has also directed that all arrears should be paid within outer limit of 3 months from today ie 04 Sept 2012.

So, the pay and pension of all affected officers of the AF are set to revise from 01/01/1986.

 

Finally Three Cheers!! SATYAMEV JAYATE

 

IV CPC RANK PAY CASE:ADVISORY

The IV CPC Rank pay case is due for hearing on 04 Sept 2012. All are advised to refrain from writing/filing any letter/writ which can jeopardise/ delay the case further.

Secy RDOA