BUBBLE BURSTS:IV CPC RANK PAY CASE

BUBBLE BURSTS: ARMED FORCES / VETERANS HARMED AGAIN

The relief given by the Hon.ble Supreme Court vide its order of 04 Sept 2012 in the famous IV CPC Rank Pay Case seems to have been undone by the MoD in its implementation order of 27 Dec 2012. A disappointing closing to the year 2012. The seven page order is yet to sink in but exhibits the We v/s They openly.

Salient and relevant paras / extracts follow:

Para 6.            The sanction of the Govt is hereby communicated to modify the provisions contained in para 6 (a) (ii) of SAI of 26/5/87, and corresponding instrs in case of Navy and Air Force bearing no 1/S/87 dt 11/6/87 and 26/5/87 resp, in so far as it relates to deduction of Rank Pay, which has been reproduced in para 1 above, and to refix the initial pay of the concerned officers of the Army, Navy, and Air Force in the revised scale (integrated scale) as on 1/1/86 as per para 6 of those instrs without deduction of Rank Pay appropriate to the rank held by the officer on 1/1/86 from the amount as worked out under para 6 (a)(i) thereof.

Para 7. Except to the extent of modification of the provision contained in para 6 (a)(ii) of the aforesaid Army Instrs and corres…………….., relating to deduction of Rank Pay in terms of these orders,….in all other aspects there shall be no change in the provisions of the aforesaid SAI/NAI……

Para 8. …..It is clarified there shall be no change in respect of SAI’s for implementation of the recommendations of the V, VI CPC resp, except to the extent of the need for refixation of pay as on 1/1/96 and 1/1/2006, necessitated due to refixation of pay as on 1/1/86 in terms of these orders.

Para 9. DA, Interim Relief, Dearness Pay, and NPA in respect of AMC/ADC/RVC officers will be revised.

Para 10. Pensionary benefits due to the refixation of pay as above, if any, will be admissible as per rules on the subject. Fresh LPC cum Data Sheet for this purpose will be issued. PPO revising the pension will be issued to all the concerned.

Para 11. As directed………..interest @ 6% per annum on the arrears will be paid with effect from 1/1/2006.

Para 12. Undertaking as per Appx A in case of excess payment by offrs.

Para 15…….The payment will be made directly by PCDAO/AFCAO/Naval Pay Office.

Sd/- Praveen Kumar Director (AG.1)

 

 

HAPPY NEW YEAR TO ALL

 

 Secy RDOA

 

     

Update IV CPC Rank Pay Case as on 21 Dec 2012

This update is to counter the views expressed by many on the blog for the benefit of all. Let us be positive. Where we have waited for so long we can wait for little time more. Implementation of the SC order is the commitment made by the UOI in their application.  

1 Whatever is happening is for the good of all and should be taken as a ‘Blessing in disguise’

2. Consequent to the application filed by UOI seeking additional time of 12 weeks to implement the SC order, let us wait for till the court reopens in Jan after the winter vacation. Whether the court gives extension or not or imposes further penalty will only be known when the application is listed for hearing. Will the court agree for full 12 weeks extension is also a Q mark? Till that time it’s only speculation.

3. There is no doubt in RDOA’s mind that the arrears will be worked out through IV/V/VI CPC for all as on 1/1/86, 1/1/96,1/1/2006.

4. Pension will have to be revised for all starting from pre 86 through 96 to 2006 ie IV/V/VI CPC. For that the CDAO will have to prepare fresh LPC for all and fwd to CDA(Pen) for payment action.

5.Those who got promoted after 1/1/86, 1/1/96, 1/1/2006 are also affected as the basic pay will change. Eg offr promoted Capt after 1/1/86 would have got Rs2800/- as basic pay. With restoration of deducted amt of rank pay he will have to be refixed at Rs 3000/- plus Rs 200/- as rank pay and DA as admissible. There is no doubt on this. Same holds good for Maj/Lt Col/Col/Brig.

6. Let CDAO/CDAP/AFCAO/CDA (Navy) do their job of creating/updating their records. For once the database of all offrs incl widows would get created/updated so there would be no lapses in future to crediting arrears/pensions. Even Corr PPOs for all will have to be regenerated.If they are asking for info let us provide them. It is for our own good.

7. Service HQs have already fwd the Draft Govt Letter (DGL) long back. Refixation of pay also has repercussions on status of Armed Forces officers which is belly aching the ‘They’ lobby. Sputniks are active.

8. Mind you, all that needs to be done for implementing the SC order is on affidavit and not honouring it amounts to giving false affidavit which can have serious implications. There is no option but to implement SC order in true letter and spirit.

9. Let us wait for further developments.

Secy RDOA

 

Breaking IV CPC Rank Pay Case Update

UOI has filed application seeking extension of time limit by another 12 weeks in the Supreme Court giving ref of its order of 04/9/12. Main reasons given are:

1. Implementing the judgment involves three sucessive Pay Commissions (IV/V/6 CPC). Most of the data of prior period is not available and has to be compiled manually.

2. In respect of pre 1986 officers in addition to arrears, LPC, Lve encashment, Gratuity, and corr to PPO is required to be worked out which will again take some time.

3. Final financial implication can only be known once all calculations are complete in respect of every officer for which budgetary allocation is being made to MoF to arrange for funds of this extraordinary magnitude.

4. MoD is committed to the implementation of the order.However, because of the constraints ref above, the implementation may take another 12 weeks.

More will follow.

Secy RDOA
 

Request/Confidence Building Measures

1. Issue of letter by GOI/MoD dt 26 Nov 12 says only of compliance of SC orders of 4/9/12 on the Rank Pay Case.Does not talk of implementation.
2. Modality and Methodology of payment is still being worked out.
3. SC order has not been implemented; there is clear violation; and so it becomes fit case for filing of contempt. Leave the contempt filing to RDOA.
4. RDOA is well versed with the case and knows all the pitfalls with answers to tackle them supported by documentary evidence and affidavits filed by UOI.
5. All are requested not to initiate any action or file any petition anywhere in the country relating to the case as it will become subjudice again and delay matters further.
6. Interest of all offrs starting with pre 1986, as on 01/01/86, who joined service after 86, who got promoted after 1/1/86 is on our radar. Same holds good for pre and post 1996 (V CPC) and pre & post 2006 (6 CPC). Offrs need not worry. No need to feel 'Hamara kya hoga'. We have come this far and we will 'Mop up' till pouch button is closed and payment reaches bank acct of each and every officer and to widows/legal heirs.
7. Please do not float unnecessary emails giving your own assessment and confusing others. No one is better in the knowhow than RDOA.
8. Kindly do not give any statement on national TV channels/media related to the case.Leave that to RDOA. We have our links and will do so at appropiate time.
9. Avoid any negotiation or back channel diplomacy on the subject case with anybody.
10. It is NOW or NEVER to restore lost ground. Kindly bear with us.

IN Service RDOA

IV CPC RANK PAY CASE UPDATE

GOI , MoD have issued two letters No 34(6)/2012-D(Pay/Services) dated 26 Nov 12 addsd to COAS/CNS/COAir Staff on the issue of Implementation of Supreme Court order dated 4/9/12 in the IV CPC Rank Pay Case.

Paragraph extracts are given:

"In compliance of the Supreme Court order dated 4/9/12, I am directed to convey that GOI has decided to refix the pay without deduction of rank pay wef 1/1/86 in respect of the affected officers of the armed forces in conformity with the orders of the Kerela High Court order dated 5/10//1998"

" Instructions regarding the modalities and methodology of payment to the affected officers of the armed forces and the provisioning of funds for the same are being issued seperately in consultation with Service Hqs, CGDA, Def (Fin) / MoF"

" TRIPAS is requested to prepare DGL and submit to MoD immediately"

Signed by Praveen Kumar, Dir (AG1)

Nay Sayers can feel happy. More as and when recd. 

Secy RDOA

 

Para 4 of Supreme Court order dated 04 Sept 2012

"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 weeks from today."

 

There is no element of doubt that the payment has to be completed within 12 weeks.As on date 22Nov 2012; even the implementation orders have not yet been issued. By no stretch of imagination can the order be implemented before the expiry of 12 weeks. So the contempt action will get initiated.

 

Working of CDAO and CDA pensions is known to all.Let us see what happens in coming days.RDOA will file contempt notice.Let there be no doubt on this issue.

 

Secy RDOA

 

 

Database MP5

Officers are requested to follow instructions as given by MP5 in filling up info related to officers particulars which has been put on indianarmy website. By sending mails to MP5 you are duplicating the work. A webportal has been assigned to update all info.
Please ignore emails in circulation interpreted by indv offrs and offering solutions. Also please do not give additional info than asked for. It will further add to confusion. If you have data as asked for, well and good, if not, let MP5 find a solution. Request mail from MP5 given below.

On 14 November 2012 12:46, mp 5&6 <dirmp5and6@gmail.com> wrote:

Dear Veterans,

I have small requests which may kindly be considered.

(a) Large No of veterans are duplicating their details on this id,thereby clogging it up. The id for veterans details has been given quite clearly on the site. Request that it may be adhered to.

(b) Many officers are either calling up or coming to my office to ask for the details. This only increases workload of the staff and is actually counterproductive, as other cases suffer. Details available with officers may be filled up, balance will be worked out. An updated list will be put up after a month or so.

Regards

(c) GOVT ORDERS ARE AWAITED.

Udai

Thanks
Secy RDOA