Tuesday, March 26, 2013

The Truth and Decit: IV CPC Rank Pay Case:Part I

The truth needs to be known to all as to how the AF officers were cheated by an act of commission/ommission which resulted in down gradation of the AF cadre and lower pay and allowances. The revealations will be in two/three parts in Q/A form.

Q:        Did you get rank pay at IV & V CPC in real terms?
A:        NO. What appears as ‘rank pay’ is notional even after the partial implementation of SC order by UOI/MoD.

Q         What has CDAO paid now after the SC judgment?
A.        CDAO Pune has only paid the difference of total emoluments which u were paid (drawn) and what you should have got (Due) without deduction of rank pay. By so doing it has also violated the instruction of MoD which said that the minimum initial pay for each rank be refixed without deduction of rank pay in terms of para 6(a)(ii) of SAI of 1987 as per their own letter of 27 Dec 2012.

Q.        For a moment let us presume that if no rank pay was granted what would then be the scales of offrs when migrating from III CPC to IV CPC equivalent to civ scales?
A:        The equivalent civ scales would have been: Capt 3000-100-3600; Major 4100-125-4850-150-5300; Lt Col 4800-150-5700, Col 5100-150-5700; Brig 5900-200-6700. Rank pay would then have been over and above the revised scales at the recommended scales of IV CPC.
The edge given to armed forces officers in their pay scales as compared to civ offrs was due to ‘Special Disturbance Allowance’ which existed before III CPC and continued thereafter.

Q         How the scales were manipulated to form integrated scale of 2300-100-3900-150-4200-EB—150-5100?
A         Documentary evidence exists with RDOA that:

In the integrated pay scales for each rank there was a minimum pay fixed for separate ranks. This minimum was arrived at after deduction of rank pay. So then we have as per para 6 (a)(ii) of SAI of 1987 the minimum for each rank as:
Capt 3000(2800+RP200); Major 4000(3400+RP600); Lt Col 4700 (3900+RP800);
Col 5500 (4500+RP1000); Brig 6150 (4950+RP 1200). So in real terms you never got rank pay.

Your scale was divided into two components of basic pay plus rank pay. As per para 8.65 of IV CPC Report Civs who were in Senior Adm Grade II & I (SAG) at 3CPC were upgraded and given the scale of 5900-200-6700;  but this was not extended to the Armed Forces. So Col and Brig got clubbed in the same scale of SAG II. Had that been given then Brig would have started at 5900-200-6700. These depressed scales by an amount equal to rank pay got carried fwd to V CPC and then on to VI CPC reducing the pay scales and status of AF officers vis a vis civ counterparts.

The entire integrated scale was compressed for offrs from Capt to Brig in the equivalent civil scale of JTS starting with 3000-100-3500-125-5000 which was improved by the Pay commission to 5100 with rank pay to be paid in addition at the recommended rates.

Q         What then should be the correct integrated scale from the rank of Capt to Brig?
A         The integrated scale after refixation of initial pay in terms of para 6(a)(ii) would also get modified to the extent of adding Rs 200 at start of scale of Capt and Rs 1200 at top of integrated scale equivalent to the deducted rank pay as given:

Existing:         2300-100-3900-150-4200 EB-150-5100
Revised:       2300-100-3900-150-5850-200-6300

Q         What the SC order says?
A         The Hon’ble Supreme Court in its order of 04 Sept 2012 corrected this grave anomaly. The judgment very clearly stipulated that the pay of all officers be refixed from 01/01/86 without deduction of rank pay.

So where ever deduction of rank pay is involved it has to be restored back. CDAO has only calculated the total emoluments without deduction of rank pay but has left out the refixation in terms of para 6 (a) (ii) which is affecting all officers whether pre 86/as on 1/1/86 or promoted after 1/1/86 and then on to V & VI CPC.

Q         What should be the correct refixation without deduction of rank pay?
A         To take an example, for the Major and Major(SG) that existed before IV CPC, the nearest civil eqvts were the Comdt and Comdt(SG) of the CG/BSF etc, though the CG being relatively new did not have Comdt(SG) at the time.

The Civil Services also had JAG (Dy Secy) and JAG(SG)/Director. But JAG (9 yrs) did not correspond with Maj/Comdt(11 yrs) but all SG levels became the same when the CPC instituted uniform progression to SG level at 14 years.

The post IV CPC scales of Comdt and Comdt(SG) started at 4100 and 4500 respectively. This is where the Maj/Maj(SG) would have started if we had not gone into the convulsions of integrated scale, RP etc.

 Now the CDA calculation says minimum for Major (11 yrs) is 3600, less than the start of JAG/Dy Secy (3700) at 9 yrs. It cannot by any stretch be less than 3700/- plus two increments.
The V CPC Anomalies reports(High Level Committee and Group of Officers) had also already accepted and implemented 14300/- min(replacement of the IV CPC 4500/-) for Major at 14 years and now they are saying 13500/- for Lt Col instead of a few increments over 14300/-.

 After due modification in terms of para 6(a)(ii), the revised initial fixation of pay in the integrated scale for officers from the rank of Captain to Brig & equivalent would be as shown.

Rank
Reckonable yrs of service for pay
Existing Initial Pay as per SAI of 87
Revised Initial Pay w/o deduction of rank pay
Rank pay
Total pay
(Rs Pm)
Captain
5
2800
3000
200
3200
Major
11
3400
4050
600
4650
Lt Colonel
16
3900
4800
800
5600
 Colonel
20
4500
5550
1000
6550
Brigadier
23
4950
5900
1200
7100

 
Once the minimum basic pay changes, the pension of all pre 1986 officers as well as those who got promoted after 1/1/86 would also change.

Concluded

Monday, March 25, 2013

Advisory: IV CPC Rank Pay Case


It is presumed that the officers have started getting their arrears from CDAO Pune. Some are disappointed, others elated. Both situations are understandable. A scrutiny of the Due/drawn statement sent by CDAO would reveal that U have been paid only the difference in emoluments in cases where rank pay has been deducted. Perse the minimum of the pay for each rank has not been refixed. Court order clearly stipulated 'for refixation of pay without deduction of rank pay from 1/1/86'. So where ever rank pay has been part of pay fixation, that needs to be refixed and then arrears worked out.

For example a Brig was already drawing 5250/- as on 1/1/86 and Rs5100/- is the top of integrated scale, so the Brig is bound to get stagnated the moment deducted rank pay is restored. (As per drawn statement, he was fixed at 4950 plus rank pay of 1200). His due statement will show 5100 plus rank pay 1200. Diff will be 5100-4950=150. So until the integrated scale is refixed, Brig will considerably get less arrears. Please understand the massive damage done. Whereas  Civ offrs drawing the same basic pay at III CPC moved to SAG scale of 5900-6700.
 
Recent comments have forced RDOA to remind readers.
 
Kindly refrain from unsolicited comments/behaviour on the blog. It is for pragmatic thinking and not a medium for provocation.
The idea for a meeting with powers to be is past. RDOA had met in person the RM on earlier two occassions, once before we went to court and then again when the judgment was given in 2010.Outcome was denial and IA from UOI.
Be it MoD/CGDA/Def Fin, MOF, SC, all are aware what they are upto and the consequences of non compliance.
Kindly let RDOA handle the issue in the best interests of all.

Monday, March 18, 2013

Reply Recd from Chairman COSC on the Implementation of Hon'ble HSC order of 4 Sept 12:IV CPC Rank Pay Case

IMPLEMENTATION OF HON'BLE COURT ORDER IN RANK PAY CASE




 1. Please refer your letter dated 21 Jan 13.

2. The implementation order to comply with Hon'ble Supreme Court verdict dated 04 Sep 12, upholding Kerala High Court Order in the case of Maj Dhanapalan (Retd), has been issued vide MoD ID No 34(6)2012-0 (PayJ Services) dated 27 Dec 12. Services HQ are in the process of implementing the order of MoD inspite of having serious observations on the provisions of the letter.

3. MoD orders for implementation of the court verdict meet only partially the aspirations and the expectations of the affected officers and fall much short of complying with the judicial verdict in letter and spirit. As Chairman, COSC, I have taken up specific issues with Hon'ble RM vide my DO dated 18 Jan 13 which are detailed hereunder :-

(a) The MoD order has restricted the benefit by making the court order effective for those officers who held the rank of Fit Lt and equivalent as on 1.1.86 instead of stating with effect from 1.1.86, despite the court order using this term. This effectively means that officers promoted to the rank of Fit Lt and equivalent after 01 Jan 86 will not be covered by this order.

(b) The integrated Pay Scale of IV CPC and the minimum pay for each rank (Paras 3(a) (i) and 6(a) of SAFI 1/S/87) respectieely have not been amended. This in effect means that there would be two types of pay scales for the same rank/service seniority in the currency of 4th CPC.

(c) The Basic pay ceiling prescribed by the 4th CPC scale, i.e ~ 5100, has not been amended. This has resulted in denial of fixation benefit (i.e 20% of pre-revised pay) for officers holding the rank of Brig and equivalent as on 1.1.86 thus occasioning a
legitimate default
.

(d) The MoD orders have not amended the pay fixation formula of 5th CPC which also envisaged deduction of Rank Pay in pay fixation, thus it restricts the ripple effect of the court verdict which is integral to the said verdict.

4. Services HQ are constantly in touch with MoD. The Services reps have held a series of meetings to discuss the issues raised by me with officials of MoD on 30 Jan and 15 & 22 Feb 13. The Armed Forces, in these meetings have explained in detail all the major inconsistencies in this case. The MoD has been found to be positively inclined and have supported the views of the Services. A detailed case on the infirmities and anomalies arising out of the ibid implementation order along with a few live examples of actual fixation and problems arising thereof, have also been submitted to MoD on 31 Jan 13. MoD in turn has asked CGDA, MoD (Fin), MoF and LA (Def) to offer comments on the issues that have been highlighted. The latest meeting on the subject was held on 06 Mar 13 chaired by AS (A) In the meeting MoD appeared inclined to accept the Services view on the shortcomings in the Govt letter. Accordingly a detailed note to be signed by JS (6) is being prepared for seeking views of Solicitor General. Further a committee is also being set up to crystalise the problem definition and the views of the stakeholders.

5. I wish to re-assure you that the Services are completely seized of the matter and are following up the issue regularly. I am confident that the MoD will take
necessary action on the subject and issue suitable amendments in the Govt letter to ensure immediate and correct implementation of the Judgment in its letter
 spirit  

 

 

Monday, March 11, 2013

Status IV CPC Rank Pay Case as on 11 Mar2013

The application of UOI seeking extension of time limit by another 12 weeks filed on 27 Nov 12 was heard today in the Court of Justice RM Lodha. UOI submitted that as on date they have paid 11000 officers both serving and retired of all the three services. As such they needed more time till 31 Mar 13 to complete the process.

The Court was Magnanimous and gave UOI time till 31 May 2013. The court ordered that all beneficiaries both serving and retired should be paid by that time.

The Court was apprised by Advocate KS Bhati, appearing for RDOA and others that the HSC order of 04 Sept 12 was not being implemented in letter and spirit and further anomalies were being created. Since today was hearing on the application moved by UOI the matter rested there.

Let us wait for further developments.  

Monday, March 4, 2013

Next hearing IV CPC Rank Pay Case

IV CPC Rank Pay case next hearing is on 11 Mar 2013 as per advance list of SC.
UOI application seeking extension of 12 weeks likely to be heard on that day although the time limit is over.

In the meantime RDOA requires on priority the pay slip of Lt Col who got promoted just prior to 1986 say of 1970/71 seniorty from inf/armr/arty. If such an offr has got his arrears / work sheet from CDAO; same be sent to rdaoindia@gmail.com

 

Sunday, February 24, 2013

IV CPC Rank Pay Arrears: Calculation of:

CDAO Pune has started sending worksheet of the arrears calculation. The methodology used is under scrutiny as there is lot of variation between the arrears being recd within the same course in particular and across all officers from the lowest of Rs 2407/- to highest 1.82 lacs as informed to us.

Kindly bear with us as we are waiting for more work sheets from the ranks of Capt to Brig. Tweaking is tremendous and could lead to further litigation.

Tuesday, February 19, 2013

Arrears to Retired Officers:IV CPC Rank Pay Case


CDAO Pune has started remitting arrears of IV CPC Rank Pay case to the retired officers to their bankers. Arrears range from Rs38000/- to Rs1.70lacs. Basis of calculation is not known.  As such officers are requested to write/email to cdao pune to fwd the individual work sheet to them as to how the figure  has been arrived at. Copy of same be also sent to RDOA for scrutiny.

The methodology of calculation as has been put on their website: pcdaopune.gov.in; is questionable as it appears point to point fixation without change of basic pay which would apparently change once the deducted rank pay is restored. This method of calculation which is incorrect has already been projected  to MoD for corrective action.