AS ON 06 MAY 13
Serving of Legal Notice
As a prelude to ‘Contempt action’ proceedings,
RDOA has served legal notice through its advocates to the Defence Secretary,
Secretary Def Finance, Secretary Expenditure (MoF) and CGDA to comply with the
Hon’ble Supreme Court judgment dated 04 Sept 12 in letter and spirit by 31 May
13 failing which they all will be susceptible / liable to contempt of HSC court order.
Since CDAO Pune and CDA
Pension come under CGDA no separate notice has been given to them.
This for info of all
concerned.
53 comments:
much awaited update....
Sir,
Would it not be appropriate to address the notices to RM (MOD) represents UOI. Regards
No one can ever say that RDOA have not been the very picture of forbearance and restraint in the matter. This option has the clear impression of having been exercised only when all other avenues were closed.
President of India according to the constitution is the Supreme Commander of the Armed Forces. Why cannot he impress upon the executive/govt. to ensure that no injustice is done to the Armed Forces/veterans and they are given their dues promptly? Does President of India have any say in this matter? Can a Commander really command without ensuring fair play and justice?
@Prof Arvind : This would open another Pandora's box. Even if he wishes to intervene, these shrewd Baboos will make him slog for two to three consecutive terms and still succeed in over-riding his directives/ instructions in the matters, concerning basic well-being (leave aside welfare) of the AF Personnel / Veteran Community.
Though PCDA(O) may be part of CGDA, I wonder what would be the status of two other disbursement agencies, namely the Naval Pay Office and the IAF accounts organisation.
But, ultimately, MOD and CGDA, mostly the former as CGDA would be only too happy to say when facing the heat in Court, are the ones responsible for having issued that Govt letter.
@RDOA - Best Wishes of over 46000 similarly placed officers and NoK
@Ravi Rao - please remember that Ministers allegedly with their hands in the coal or rail are defended by the PM, whose says his integrity and honesty is above reproach? And St. Antony?
@Prof (Wg Cdr) Arvind - welcome to the show. RDOA has written to the President and others but so far never mentioned any replies because they have not received any except the usual noreply@whosoever - the matter is being looked into.
So, we have trusted RDOA and let us trust them more than all the worthies people suggest.
RDOA has taken up a cause and are going through very methodically indeed ! By giving sufficient notice, the SC will also have to take a serious view of whole issue. Even though MORE than 8 months have been given ( after 3 months affidavit by AG ) NOT even 20 % is done by CDA in terms of disbursing money rightfully.
Order does not cover :-
1. Not changed final pension 2. Not changed effects of RP to 5th and 6th CPC 3. NOT changed scales - from Maj to Brig ALL stagnate and getting same Basic 4.Equivalent status post 4th CPC is not restored ( though with RP it is supposed to elevate.
All the Godly best for RDOA
RDOA have repeatedly, and rightly asserted, as here, that adhering to the TRIPAS DGL is the only way of implementing the judgement of the Hon'ble Supreme Court.
One aspect, applicable to a sizeable number of Officers, would be the rationalisation of the rank pay anomaly affecting time-scale ranks introduced at the time of IV and V CPC's. Paras 5 and 6 of the TRIPAS DGL of Nov 2012, have attempted to rectify this.
It needs to be understood that in the overall context of the rank pay matter, non-removal of this pernicious distinction would also be tantamount to denial of rank pay to those affected.
Though RDOA have themselves highlighted this issue affecting TS ranks, RDOA may like to consider continuing to firmly keep that aspect as part of their drive, now underway, to redress historic wrongs.
GREAT STEP BY OUR RDOA. THANK YOU
I wonder why a majority of "senior officer's" who were mere meek and mute spectators while in service, suddenly wake up to "congratulate and render their VALUABLE advise" to RDOA post retirement!
I have a pension account with Central Bank of India.
WgCdr D K Sonpar 8415F(P). Date of commission 18April64, date of retirement 30Sept87.
Pension account no. 1102651836 presently with Central Bank of India Secunderabad Branch for more than twenty years.
My experience with nationalised banks has been dismal. Whereas earlier one dealt with officious old babus (who knew all the tricks to help or harass a customer), we now deal with a bunch of good-natured dumbos, some young and, some not so young.
As pensioner my dealings with Central bank of India Secunderabad branch during the past six months is as follows:
1. In November 2012 I gave them my 'Life Certificate' but found no pension credited for the next four months. A gentle lady called Hema on the pension desk explained the information was not put on the computer by the previous incumbent. After she found the required certificate in her files, she promised to have it rectified. This was in March this year. In April on enquiring why the needful was not yet done, she told me she had blocked the pension payment because she did not know what, "'Dubble You See Dee Are' is" meant. I told her it was the abbreviated rank for Wing Commander. Unbelievable?
2. A week ago I received a call from a gentleman of Central Bank who asked me for my date of commission and date of retirement as he needed it to calculate my arrears !
3. What the hell is going on? I have submitted all the documents to the Pension Cell of AirForce and your organisation almost two months back. Now, leave alone the enhanced pension and rank pay, I have not received the usual pension for four months!!
4. Obviously the Central Pension Processing Centre of Central Bank is to blame for this state of affairs.
regards
dksonpar WgCdr (retd)
Sir,
As an exemplary case the HSC must award each one who has fudged nothing's and expressed misleading views , with a jail term. I wonder how much that wud be?
SAK
ISSUE OF LEGAL NOTICE TO 2 SCOUNRELS ~ PCDA(O) PUNE & PCDA (PENSION) ALLAHABAD
1. Previously, these 2 Appointments used to be CDA(Officers) Pune & CDA(Pension) Allahabad.
2. Now these 2 Appointments have been UPGRADED & word P (PRINCIPAL) has been added with FAT SALARY & PERKS.
--------------------------------------
Q1. How upgrading these 2 Posts have helped Serving Defence Officers & Pensioners ?
Rather we have suffered more because of their Upgradation.
Q2. If there were anomalies in Rank Pay since 1.1.1986 then Why these 2 Scoundrels have not pointed out to CGDA & MoF ?
Note: PCDAO Pune & PCDA Pension Allahabad are to be blamed for not pointing out Rank Pay Anomalies on 1.1.1986.
Q3. Then how can you exclude these 2 Scoundrels from being a RESPONDENT in the RANK PAY CASE & AOID ISSUEING LEGAL NOTICE TO THEM?
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Hello! RDAO
KINDLY ISSUE LEGAL NOTICE before 31 May 2013 to……….
A. PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS (OFFICERS) Golibar Maidan, Pune 411 001
B. Principal Controller of Defence Accounts (PENSION), Allahabad
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Tally Ho
Tally Ho
Legal notice must be given to pcda(offrs)and pcda( pension) giving a copy of correct calculation sheet for one Rank if possible.They are the main culprits at executing stage.It,s my opinion .RDOA is the best judge.
Dear RDOA and its members,
1. I have been following your blog for many years now, on a daily basis. I must place on record my deepest appreciation for the yeoman’s service rendered which is going to benefit thousands of serving officers and our beloved veterans. I am a serving offr who was serving as on 01.1.86. It is an irrefutable fact that no one knows the case better than RDOA office bearers and their dedicated legal team. With this background I request that the following suggestions, if not already planned, may be considered while filing contempt petition in the SC:-
(a) Review of interest rate as per RBI norms and effective date from 1.1.86. Further penal interest wef 27 Nov 12 on expiry of twelve weeks from 04 Sep 12;
(b) Seeking punitive action against erring officials as clear from the copies of file notings leading to the issue of Govt letter dated 27 Dec 12 (received by Air Mshl SY Savur), both penal deduction and or imprisonment as deemed fit by the SC bench. Specific directions of Min of Fin and clear advice of SG have been blatantly flouted.
(c) Seeking recovery of legal expenses incurred by RDOA in rectification of various anomalies created by willful and wrong implementation of the SC judgement dated 04 Sep 12 and also for the mental agony and anxiety created for thousands of serving officers, veterans and their widows, as the case may be.
(d) Seeking SC monitored implementation of DGL submitted by TRIPAS within a time frame of 4 weeks failing which the signatories of addl affidavit (Secys) should be jailed for six months with a non-bailable warrant.
2. In nutshell, this case should serve as a deterrent for the rotten bureaucracy and the successive Govts’ apathy so that they do not try any such stunts during 7th CPC. Maximum advantage may be taken from Aerial View’s revelations and valuable suggestions from regular bloggers and other well wishers.
Regards and best wishes for an astounding victory once SC reopens after summer break.
Jai hind.
Ever since the rank pay order was delivered by SC on 4-Sept 2012,Ihave
been studying it closely.
The action taken by RADO is correct and satisfying.
MY humble request that the matter now be brought to the knowledge of public through Media so that public is made aware that how much is careless ,clueless and inefficient our Govt/Ministers.
I can feel that RDOA will be fighting many more battles (like the Rank Pay case) in the future. Earlier the pre-mature retirees of the Armed Forces had an edge in their pension over the civilians because of the addition of the (weightage) no. of years in the qualifying service. If a Wg Cdr retired after 20 years. He got a weightage of 7 years. So his pension was (20+7)/66 times the last drawn basic pay (incl. of rank pay, NPA etc.)as compared to a civilian who got just 20/66 times the basic pay. This means that a Wg Cdr was getting 35 % more pension than a civilian if both retired after 20 years and had identical pay. But after the sixth pay commission, the civilian and the Wg Cdr will both draw the same pension. So the edge given to the commissioned officers has been lost. Can a case be filed on this issue? Granting of the weightage in number of years of service was part of terms and conditions of service of the officers who joined before 01.01.2006. How can the sixth pay commission recommend (& Govt. accept)withdrawing this important condition in case of commissioned officers who joined the service before 01.01.2006? This is an arbitrary action and can be declared void by the court, I feel. Many more such issues will be there. RDOA is going to be a major role player in the near future. I feel all commissioned officers who leave service must join the RDOA. That is why I have joined RDOA. RDOA has developed lot of legal expertise by fighting the Rank Pay case. I think, RDOA can be a think tank on the pay and allowances of the Armed Forces and be a guide for teh future Pay Commissions. If possible, RDOA can expand its wings and also take up the cases of the JCOs and the ORs too, may be later.
To speed up the issue of Rank Pay, revision of pay for IV,V,VI C P C s,why can't few veterans go on chain fast or fast unto death on Jantar Mantar to high light public opinion through TV and Print Media to decide this issue earliest like Ana Hazare can press special Parliament Sittings.I volunteer myself for this service.
It is very sad that the soldiers/veterans have to fight battles in their own country to get their rightful dues because of red-tapism and insensitivity. What will happen in case of a nuclear war? Where will this red-tapism and insensitivity lead to? An interesting article at http://flightsafetyindiablog.com/2013/05/07/indo-pak-nuclear-war-scenario/
Thanks Aerial View & D S Ramakrishna ji!
There are many aspects of the rank pay which have not been highlighted such as the effect of rank pay on the DCRG, the commutation of the pension , the effect of rank pay on the reemployed period of the retired officers , the leave encashment of the retired officers, all during the 4th pay commission period!Let us all unite for the right & just cause with RDOA !
@Prof.(Wg Cdr) Arvind:"..How can the sixth pay commission recommend (& Govt. accept)withdrawing this important condition..."
Has the weightage been withdrawn from service Officers?
If not, what on earth are we discussing?
corona8: Yes, now no weightage is being given to officers retiring after 31 Dec 2005. Now the formula for the pension is 0.5*Last pay drawn for both the defence officers as well as civilian officers.
corona8: Yes, now no weightage is being given to officers retiring after 31 Dec 2005. Now the formula for the pension is 0.5*Last pay drawn for both the defence officers as well as civilian officers. Hence the advantage (compensation for early retirement, lack of career progression etc.) of commissioned officers over the equivalent civilian officers especially in case of the pre-mature retirees has been almost lost except that Rs 3000 (50% of msp)will be the extra pension of the defence officers over and above the civilian officers.As calculated earlier the pension of a Wg Cdr retiring after 20 years was 35% over and above that of the corresponding civilian officer. As per the earlier formula, if the civilian officer gets Rs 25000 as pension after 20 years, a Wg Cdr will get Rs 33750. But now according to the new formula, a Wg Cdr will get only Rs 28000 (Rs 25000 + 50% of msp). Hence there is a notional loss in the pension of the defence officers (as compared to an equivalent civilian) retiring wef 01 Jan 2006
@Prof.(Wg Cdr)Arvind: In such matters, I have my doubts whether the loss of a relative advantage over a different class of functionaries can be subject of litigation.
Its a different matter if two classes which had enjoyed parity previously are subsequently treated differently as in the case of fixing starting pay at the time of IV CPC, which gave an advantage to civilian employees by placing them at a higher basic-pay.
But, in any case, all this does not relate to the subject of this blog-post.
corona8: I feel RDOA should take up other cases also, not only the rank pay case, of-course in due course of time. It can expand its wings. Rank Pay case can be called the mother of all battles. The relative advantage was an additional compensation given to the defence officers to offset the disadvantage of military career in terms of early retirement, career stagnation etc. So rather than calling it an advantage, it was a 'just compensation' which has now been denied/reduced. Anyway it is upto the genius of the legal luminaries to build a stron case on this issue. Thanks for your views!
pcda(O) web site says......
ANOMALIES IN PAYMENT OF ARREARS OF RANK PAY ~ refer.....
https://pcdaopune.gov.in/Downloads/Rankpay-%20anomalies.pdf
"Officers affected by Supreme Court Judgement on Rank Pay and in receipt of Payment of Arrears may please note that in cases where there is no change in Revised Basic Pay on Substantive Promotion, Due – Drawn Statement are under review for checking of Date of Next Increment. The affected Officers are requested to wait for Revised Due-Drawn Statement which will be uploaded after completion of review”
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Hi! RDOA
Q1. PCDA(O) PUNE & PCDA PENSION ALLAHABAD have not yet published "LIST OF OFFICERS whose DUE-DRAWN STATEMENT are under review?”
Q2. No body knows “Who are these affected Officers?”
Q3. No body also knows “When PCDA(O) PUNE & PCDA PENSION ALLAHABAD are going to complete Payment of Rank Pay Arrears on account of SALARY ARREARS, GRATUITY, COMMUTATION, LEAVE ENCASEMENT etc will be completed….
Hence, it is of utmost necessity that PCDA(O) PUNE & PCDA PENSION ALLAHABAD be issued LEGAL NOTICE immediately……..
belated congrats to rdoa for the much awaited !
hopefully & surely things will reach their logical conclusion
@Ram Subbuu, RDOA has explained why no legal notice to PCDA (O) and PCDA (P). They must be knowing why not.
Let us leave them to handle this. Please
Now that the Hon'ble SC has given tough decisions on the babus, who not only interfere with almost all the ministries,why not highlight the role of the babus who are dealing with the AFs in almost all cases, like the rank pay case disability etc. The only language they, babus ,understand is that of SC. the babus have almost put all the important ministers on the mat. Let the Hon'ble RM realise this and take action without wasting time. otherwise SC may give another jolt to all babus/ministers/PM as to why the cases of AFs are pending more than 26 years and defence personnel are denied their dues?
v.sundaresan
Thanks RDOA for all your selfless efforts and the info on latest developments.
You are doing great job most selflessly.Best wishes.
RDOA - You are one exceptional example "where actions have always spoken louder than words"
shiva
dear sir, kindly see pcda(o) flash msgs since sep 12. how many times they have asked for various details as every offr is operating comptr. once deatils have been fwd it is their duty to find minor details instead of asking offrs to fwd again and again
TIME IS RUNNING OUT .....31 May 2013 .....
Hello ! RDOA ,
Very well done...
keep the heat on....relentlessly..
WHAT ABOUT DUE / DRAWN STATEMENTS FROM PCDA(P) ALLAHABAD...???
@RDOA
Sir,
Can we take up that since UOI has paid arrears to only officers who were Capt to Brigs on 1.1.86, that interest should be paid at DSOP rates as it was a deliberate attempt by UOI/MOD to deny the rightfully earned wages. There is no precedent of compromise in cases of denial of rightfully earned wages which should be reimbursed in full.
Also in transition of such officers from 4th to 5th CPC one increment for every 3 in the scale 3000-5100 must be given for fixation of BP in 5th CPC.
It is also not understood that when Rank pay is not to be deducted from BP the min for Capt -3000, Maj(11yrs) 4000, Lt Col (16 years) 4700, Col (20years) 5500 & Brig (23 years) 6150 should be paid and not what is given in SAI.
Regards
@Ravi Rao, eleven days before expiry of the time given by the Hon'ble Supreme Court for completion of payment and also for RDOA to file the Contempt of Court petition against Def Secy, Secy (Def/Fin), Secy (Exp) and CGDA.
The aspects you have mentioned must have been considered by RDOA as expressed in their posts consequent to MoD letter of 27.12.2012. They are, I understand from "sources" included in the legal notice.
Hon'ble Supreme Court re-convenes in first week of July and we should be ready for the next stage of our battle, thanks to N.K. Nair & RDOA
@ Aerial View
At least one of them, i.e. present ‘Def Sec’ seems to have pre-empted and managed to land himself in (safe) CAG (cage), after the present incumbent Mr. Vinod Rai retires on 22.5.13 and i.e. well before HSC re-opens on 01.07.13 after summer vacations.
This is ‘season of transfers’. Wait for some more such news.
10 days left, no arrears on account of rank pay case for so many. Navy is far ahead, they have received corr PPOs. Banks will pay them arrears on account of pen shortly.Strong case for contempt of the court.
Col Pardaman Singh
Cda has paid arrears inclusive of leave encashment, but have avoided paying arrears for Gratuity and Ciommutation of pension. I am sure RDOA ia ware of it'
Leave encashment arrears have been paid by CDA but have avoided arrears due for Gratuity and Commutatiion of pension. These arrears are more than the Rank pay arrears. I am sure RDOA is aware of it to include in its brief.
What a surprise? 5th C P C pension was average of last 10 months pay drawn.6th C P C initially minimum of pay bank +grade pay and subsequently + M S P.Now minimum of the fitment table for the rank in the revised pay band as indicated under fitment tables annexed with S A I 2/S/2008 as amended, plus grade pay corresponding to the pre- revised scale from which the pensioned retired/discharged/invalided out/died including M S P wherever applicable.P CDA (Pensions)/Pension Disbursing Authorities only granting one fixed pension to officers viz majors Rs. 18205 which starting pay of Major rank Rs. 23810+6600 grade pay+6000 M S P=36410 and 50 percent is Rs.18205. Wording in Govt letter as "corresponding to the pre revised scale from which pensioner had retired (etc.) is NOT being taken into consideration. I am corresponding for the last 2 years and P C D A (Pension) is sticking to their point. My calculation is my last pay drawn Rs.`14750x1.86+6600+6000=Rs.40040 and 50 percent Rs.20020. I would like to know Is P C D A(P) correct or my calculation is correct.Why annual increments earned at the rate of Rs. 3 percent annually are NOT being taken into account. 14 pay scales are given for majors and why these being ignored. Who is the final authority> I am sending one copy of my letter to R D O A/Group Capt KS Bhatti for comments/consideration with P C D A(P) reply letters(Xerox copy).
sir
whatever may be the ultimate outcome i standup and salute your sincere and relentless efforts
The efforts are sincere and relentless. The outcome will be positive.
Kindly refer news Item of tribune dated 6-may 2013
"Pensioners rejoice.HC saysthose retired before 2006 will get pension according to VI CPC( Wef 1-1-2006 and not wef 24 sept 2012)"
justices Praddep Nandrajog & Kameshwar Rao gave strict directionsto Govt to give the arrears to the pensioners within two month.The court said if govt fails to do so,the govt will have to pay the pending amount to the retired pensioner at whholing interest wef 1-3-2013.
Kindly up date on the above Issue .
is it also become a point as part of Contempt of court
@Murarilal Agrawal: You are a little behind the times. That news is about 20 days old. For service retirees a notice has already been issued by an AFT. Please read my comment in the chatroll on Maj Navdeep's blog, but hurry before the comment is swept away by updates on the China situation :-)
@Murarilal Agrawal (Contd.): Or you could have a look here.
This is not clear if contempt was filed or not
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