Exclusive: CAG, top babus to face contempt notice over selective implementation of Supreme Court's Rank Pay ruling
CAG Shashi Kant Sharma
After Air Chief Marshal NAK Browne took the Ministry of Defence (MoD) to task over its alleged failure to correctly implement the Supreme Court order concerning granting of dues to veterans and widows, it seems like several top babus, including Comptroller and Auditor General and former defence secretary Shashi Kant Sharma, too, may be in for a rough ride.
On May 11, the MoD was intimated by the Retired Defence Officers Association (RDOA) of the possibility of their filing a contempt petition if the May 31 deadline for implementation of the SC ruling was not met. And given the lack of progress in the matter, the association is all set to drag the bureaucrats to court.
This move was confirmed by Aishwarya Bhati, an SC lawyer representing the RDOA. "By this contempt petition, we want the apex court to note that the MoD has not implemented its order in letter and spirit," she said.
The genesis of the spat lies in the MoD's 'selective' implementation of the SC order dated September 2012 in the Rank Pay case, which the ex-servicemen community won after a long legal battle.
Bhati said that along with CAG Sharma, the others who will be named in the petition are Financial Adviser (Defence Services) Priti Mohanty, Secretary (Department of Expenditure) R.S. Gujral and Controller General of Defence Accounts Arunava Dutt.
The contempt petition, a copy of which was accessed by this correspondent, states, "Various orders of the Hon'ble Kerala High Court and that of the Hon'ble Supreme Court are not being complied with in letter and spirit and deliberate efforts are being made to exclude the application of these orders."
Commenting on the controversial implementation letter issued by the MoD on December 27, 2012, the contempt notice says, "From the perusal of the letter, it became clear that the judicial orders were not intended to be complied with fully consequential benefits." The petition is likely to be filed as soon as courts reopen, post-vacation.
Lt Col. (Retd) Satwant Singh of the RDOA said, "Out of the over 40,000 affected officers, there are about 10,000 who are yet to get their pay issues resolved. Only once the pay issue is resolved can the pension be settled." Officials at the Directorate of Public Relations and the Ex-Servicemen Welfare department did not respond on the issue.
On May 11, the MoD was intimated by the Retired Defence Officers Association (RDOA) of the possibility of their filing a contempt petition if the May 31 deadline for implementation of the SC ruling was not met. And given the lack of progress in the matter, the association is all set to drag the bureaucrats to court.
This move was confirmed by Aishwarya Bhati, an SC lawyer representing the RDOA. "By this contempt petition, we want the apex court to note that the MoD has not implemented its order in letter and spirit," she said.
The genesis of the spat lies in the MoD's 'selective' implementation of the SC order dated September 2012 in the Rank Pay case, which the ex-servicemen community won after a long legal battle.
Bhati said that along with CAG Sharma, the others who will be named in the petition are Financial Adviser (Defence Services) Priti Mohanty, Secretary (Department of Expenditure) R.S. Gujral and Controller General of Defence Accounts Arunava Dutt.
The contempt petition, a copy of which was accessed by this correspondent, states, "Various orders of the Hon'ble Kerala High Court and that of the Hon'ble Supreme Court are not being complied with in letter and spirit and deliberate efforts are being made to exclude the application of these orders."
Commenting on the controversial implementation letter issued by the MoD on December 27, 2012, the contempt notice says, "From the perusal of the letter, it became clear that the judicial orders were not intended to be complied with fully consequential benefits." The petition is likely to be filed as soon as courts reopen, post-vacation.
Lt Col. (Retd) Satwant Singh of the RDOA said, "Out of the over 40,000 affected officers, there are about 10,000 who are yet to get their pay issues resolved. Only once the pay issue is resolved can the pension be settled." Officials at the Directorate of Public Relations and the Ex-Servicemen Welfare department did not respond on the issue.
18 comments:
RDOA and the Air Chief are moving well.
It is time to concentrate focus and deepen the PR blow. Rallies in some big cities, before the monsoon session of parliament, will help. If possible, IESM and other such organisations must join hands. This might force other TV channels to air our point of view. And, it will further help to use powerful speakers to present our case on the channels. It matters greatly.
A link to the telecast.
It is high time the three Service Chiefs took a stand for a better future of the Armed Forces of India . the Govt has failed on all fronts to implement the NFFU and establish an Anomalies Committee for the Armed Forces, the Babus want to dictate terms without knowing the hardship of personnel. The Non Implementation of the Hon SC verdict and their attitude towards the Chairman COSC is the latest humiliation. It would be prudent on part of the Service Chiefs to meet the PM and escalate the issue. The RM seems to be more interested in Tape Cutting & Foreign Jaunts. The affect of degradation of Armed Forces may not be visible immediately but will positively be seen in future. No self respecting and motivated youth would join the AF it will become the last choice of the left out.
Kudos to RDOA.
I think RDOA is moving in right direction. Now that COAS has taken up the bullet, Babus will have to be cornered from all fronts,
I came to know that if any state govt fails to implement SC's orders, the SC has got the right to ask the central govt to take action, including dismissal< and impose President's rule and implement the order.
The KAVERI WATER DISPUTE CASE IS A POINTER AND THE STATE GOVT CONCERNED IS IN A DILEMMA.
Now on the contempt issue let the SC issue severe action and action report also to be submitted to SC as a follow up. OR le t the govt implement the SC order under SC supervision directly.
v.sundaresan
I find that common people are hardly aware of the level of discontent in the service community. Indian public is not sensitive towards any national issue but that simply means we need to work harder to catalyze public opinion. You can't succeed without it. One has to either display one's nuisance value or influence public opinion by decent means. We should follow the latter model.
We should seriously consider using social media at various levels including having a website. Costs practically nothing.
Each political party reacted with in ten minutes against implementation of RTI on them.while they should have welcome it.
It is a shame that none of them reacted on such important issue .
All this show political/GOI attitude/mentality/working/moral/sense of reponsibility
DEAR SIR
1.OUR GENERALS HAVE RUINED ARMY FOR THEIR PERSONAL GAINS
2. ARE U SHOCKED .I BELIEVE YES.
SEE IN ARMY ONLY
A] EX COAS JJ SINGH: WHEN CASE OF RANK PAY WAS RAKED .HE WAS THE ONE HE PUT HIS FOOT DOWN .SAYING RANK PAY HAS NOT BEEN CLAIMED, SO IT CANNOT BE GIVEN OR WORDS TO THAT EFFECT. SEE LEVEL OF FOOLING HIMSELF & HARMING ARMY TO GET PLUM POSTING OF GUV AFTER RETIREMENT. THE GENERAL MUST BE AWARE THAT PAY IS NEVER CLAIMED . HE HAS PUT EVERYONE IN SPIN FOR HIS PERSONAL RISE. I AM SURE HE TOO MUST HAVE GOT RANK PAY ARREARS BY NOW.A SHAMELESS ACT.
B] EARLIER THERE WAS ONE IG POLICE IN COMBINED HARYANA+UT+PUNJAB. IN EX COAS MALHOTRA POLICE WENT ONE RANK UP. NEITHER HE UP GRADED ARMY NOR HE PUT HIS FOOT DOWN FOR POLICE. SO IN AID TO CIVIL POWER ARMY OFFICER WENT DOWN IN RANK STRUCTURE.NOW SEE AMOUNT OF DGP+IGP FLOATING IN THESE PLACES
C] IN 6th CPC GOVT WAS GIVING NFU STATUS TO US.NAVY & AIR FORCE WERE WILLING BUT ARMY DENIED. TO DATE A TIME SCALE IAS/IPS OFFICER GETS PENSION OF Lt Gen. MOREOVER THERE IS COMMAND & CONTROL PROBLEM NOW A CWE IS SENIOR TO MAJ GEN
D]OUR ACR SYSTEM ALLOWS WRONG ONE TO COME UP. PEN PICTURE HAS NO MEANING WHICH 95% OFFICER MAY NOT KNOW. IT IS NUMERIC RATING WHICH MATTERS . AN EXCELLENT COMMAND WORD IN PEN PICTURE WILL NOT MAKE UP IF AT ONE ODD PLACE 7 REMARKS ARE GIVEN IN QUALITY . ALTHOUGH 7/8 ARE NOT PROPERLY DEMARCATED [ 7 OR 8 HAVE EQUALITY TO FOOL THE RECEIVER]
E] CORRUPT & GOOD CHAMACHA'S MAKE UP
F]THERE ARE 2 PAY BANDS FOR OFFICER'S PAY.THERE ARE 2 BAND FOR ACCN .BUT FOR COMFORTS LIKE CANTEEN * OTHERS THERE ARE SO MANY BANDS.
I] HONY Lt TO COL. CO HAS BEEN CLUBBED WITH HIS JCO'S . WHERE IS STATUS LEVEL FOR BULK OF OFFICER
II] BRIG ANOTHER BAND
III]MAJ GEN ANOTHER BAND
IV] Lt GEN ANOTHER BAND
V] COAS ANOTHER BAND UNLIMITED LIQOUR. HEIGHT OF GREEDINESS.
DO NOT YOU SEE A MOCKERY OF SYSTEM WITHIN US. HAVE ONLY TWO BANDS. RED TAPE BELOW & RED TAPE. MORE INTERSETED FOR DATE OF BIRTH ISSUE EX COAS
G] ALWAYS START CORRECTION FROM HOME ONLY THEN UNITED ACTION AS U DESIRE CAN START.FIRST CLEAN ON MESS
H] 50% MERGER DA AS ON 1/1/2006. NONE OF CHIEF HAS PUT DOWN FOOT. WHEN SERVING GOT ALL ALLOWNCES ENHANCED WHY NOT MERGER OF DA WAS TAKEN WHICH IS MOTHER OF ALL ALLOWANCES
K]DUE TO BABUS WRONG ACTIONS OUR PAY/PENSION IS WRONGLY BEEN GIVEN. 13 COURTS INCL SC HAS GIVEN RULING TO PAY SUM OF[ BASIC+GRADE PAY+MSP] WEF FROM 1/1/2006. BUT IT IS LIKELY TO BE PAID FROM WEF 24/9/2012. NO ONE HAS PUT FOOT DOWN & AGAIN WE ARE BACK IN COURT NOW
2. CHANGE IS IN NOT FAR WAY . DEMOCRACY HAS TO GO AS IT IS ALMOST FAILED & CORRUPTION IS ON ON IT'S PEAK. ARISTOTLE THEORY OF GOVT CHANGE WILL TAKE INTO EFFECT
What prevents the other two chiefs from writing similar or even stronger letters to the govt?
@ Wg Cdr Sundersan
Greed of post of Governor prevents them from speaking for the right cause of Veterans.
KINDLY SEE THE ACTS OF OUR KIND FM
1.STANDARD DEDUCTION TAKEN AWAY:
THIS WAS APPLICABLE FOR SIX DECADES ,BUT WAS TAKEN AWAY BY OUR FM . IT IS UNJUST AND UNDEMOCRATIC ACT .IT SHOULD BE RE-INTRODUCED 2. MERGER OF DA ON ATTAINING DA SLAB OF 50 % IT IS DUTY OF FM TO RECTIFY ANOMALY BEFORE IMPLEMENTING BUT HE IS TAKING SHELTER OF IT & SAYING IT CANNOT BE DONE AS IT HAS NOT BEEN RECOMMENDED IN THE 6thCPC REPORT.IT WAS IN 5th CPC, BUT AN COMMISSION HAS TAKEN PLACE & NEEDS CORRECTION. DA IS MOTHER OF ALL ALLOWANCES. AS SERVING PERSONALS OTHER ALLOWANCES HAVE BEEN ENHANCED ON BASIS OF DA AT 50% BY 25% THAN HOW CAN YOU FORGET MERGER DA IN PAY/PENSION AS DP.[BABU'S FORGOT TO MENTION & CREATED MESS FOR ALL] 3. ON OTHER HAND BABU'S FORGET TO READ CORRECTLY 6th CPC & CREATED MESS FOR READING OF "SUM OF PAY BAND " & GAVE MINIMUM OF PAY BAND . NOW 13 COURTS INCLUDING SC HAS DIRECTED TO PAY SUM OF [BASIC PAY+GRADE PAY+MSP], NOW HERE FM HAS TAKEN SMARTLY DATE AS 24 SEP 2012 [THE DAY RECTIFIED REPORT AS PER SC] WHERE AS HE SHOULD ACCEPT MISTAKE & PAY AS PER 6th CPC REPORT. WE ARE NOW RUNNING AGAIN IN COURTS FOR IT.
4.BASIC INCOME TAX EXEMPTION TO SENIOR CITIZEN SHOULD BE UP TO 5 LACS: IN FY 2004-05 SR CITIZEN TAX BENEFIT OF RS 20000 AS COMPARED 2005-2006 OTHERS WERE RAISED TO 100000 SR TO 185000 SO ACTUAL RELIEF CAME TO 12000 INSTEAD OF 20000.THERE AFTER REDUCED FURTHER EVERY YEAR NOW DIFFERENCE IS ONLY 5000.THIS YEAR RELIEF INCREASED TO OTHERS BY 20000 AND ZERO TO SENIOR CITIZEN. COMPARISON TO 2004-2005 FOOD INFLATION HAS GONE 5 TIMES & MEDICAL TIMES. HENCE GOVERNMENT SHOULD PROVIDE TAX EXEMPTION UPTO 5 LACS 5.NFU STATUS : A.ALL IAS & IPS OFFICER RETIRE IN SUPER TIME SCALE, BUT IN ARMY COL[SELECTION]& BRIG RETIRE IN MUCH LOWER SCALE AND HAVE BEEN DENIED THEIR BASIC FUNDAMENTAL RIGHT OF EQUALITY[IN SPITE OF DIFFICULT WORKING CONDITION IN FAR REMOTE]
B]COL [SELECTION GRADE] SHOULD BE ABOVE SUPER TIME SCALE, SO IS FOR BRIG, BUT IN REALITY IT IS NOT SO. THEY ARE BEING UNDER PAID & DEGRADED PAY & PENSION WITH CLASS IN OFFICER IN CIVIL C.TO ADD FURTHER TO IT A DIG WHO WAS ONE TIME JUNIOR TO Lt COL HAS BEEN MOVED TO BRIG PAY BAND AND COL HAS BECOME JUNIOR TO HIM.DIG RANK [TIME SCALE] IS ACHIEVED IN 14 YEARS, WHERE AS LT COL [TIME SCALE] 11 YEARS % COL [TIME SCALE]IS IN 26 YEARS. WHAT AN INJUSTICE TO COL &WHAT A JOKE WITH COL [TS] & GOD SAVE FATE OF COL [SELECTION] Colonel has been equated with Non-Functional Selection Grade (NFSG] WHERE AS HE SHOULD BE IN HAG SCALE & SC DIRECTED GOVT TO REVISE PAY/PENSION OF COL/BRIG BUT NI ACTION.D] A DANGEROUS SITUATION FOR ARMY.BULK OF ARMY OFFICER RETIRES IN COL & BELOW RANK. FOR JUST RS 777/ WHY SLOG FOR LIFE & RISK LIFE.
E]A BIRTH TO COWARD ARMY WILL COME TO LIGHT IF THIS SITUATION PREVAIL]
6.PENSION SHOULD BE 75 PERCENT OF BASIC PAY FOR ARMY; INDIAN ARMY IS ON DESIGN OF BRITISH ARMY. TILL 1955 ARMY PENSION WAS ON SAME LINE. BUT CIVIL BABU'S TOOK IT AWAY. IT SHOULD BE RESTORED AND BE PAID AS PAR WITH BRITISH COUNTER PART OR LIKE OTHER COUNTRIES. INDIAN OFFICER HAS TO FIGHT WAR; YOU CANNOT REPLACE INDIAN OFFICER WITH OFFICER FROM OTHER COUNTRIES. PREVIOUSLY PRINCELY /ELITE FAMILIES USED TO SEND PERSON TO FORCES, NOW CREAMY LAYER IS NOT COMING TO ARMY DUE TO POOR PAY PACKETS & DOWN GRADATION OF ARMY IN INTER-SE-SENIORITY. 7.SUBSEQUENT PAY COMMISSION FIXES PENSION AT MINMUM PENSION IN THE PAY BAND RATHER THAN THE CORRESPONDING PAY BAND/SCALE FROM WHICH THE RETIREE HAS RETIRED.
THERE IS TREMENDOUS LOSS TO PENSIONER & LARGE CHUNK OF MONEY GOES TO THE GOVERNMENT. THE BASIC PRINCIPAL OF EQUALITY IS VIOLATED & PENSIONER IS DENIED HIS BASIC RIGHT OF FULL PENSION WHICH GOVERNMENT HAS SANCTIONED AT TIME OF RETIREMENT. IT IS AGAINST LAW OF LAND.IT HAS CASCADING EFFECT
A] HENCE THE GRADE PAY IS GIVEN AT LOWER RATE,BECAUSE PENSION IS GIVEN AT A LOWER RATE.B]DR/DA IS REDUCED; Once basic pension is lowered, THE DA IS ALSO GIVEN LESS YEAR BY YEAR AS DA IS CORRESPONDING TO LOWER PENSION FIXED.
Sometimes one wonders who is the bigger enemy of Armed Forces ISI or IAS Babus supported by politicians.
@ Wg Cdr Sundaresan : Such matters of tri-service common interest and policies are taken up by the Chairman COSC, automatically/in- consultation with/on behalf of other two chiefs. Hence repetition of the same, by the Army and Navy Chief, seems undesired at this stage.
@ Pervinder Bir Singh : Undoubtedly it is IAS/IPS/IDAS etc.They being the actual instruments and continuity of governance, for their unchallenged authority/decision making powers, towards formation and implementation of govt policies, and highly stable, rewarding and glamorized service tenure of 40 to 45 yrs, including extensions and post retirement assignments on various powerful committees and commission.
Politicians are most insecure and fearful of Bureaucrats view 1. requirement to be reelected every time Gen Election takes place,and 2. To accomplish his ' Kala Kartut' while in power, with the support/help of concerned Babuji of respective Ministry. Also there is too much of paper work referred to the Minister Concern in our parliamentary function, at times it is humanly impossible for them to attend to each and every issue. Naturally they follow the principles of selective avoidance of less threatening issues. And Armed Forces issues but for Mega Procurements / Imports, are of least priority / extremely non-threatening and of absolutely nil-accountability nature.
Babus are also envy of service officers view certain code of conduct and unquestioned good will and respect of masses even post retirement.
The selection procedure of candidates for civil services is exorbitantly glorified by UPSC and hordes of Coaching Centers, as one of the robust and toughest, over any other service in India. This make them to think what they think of all others including Armed Forces Commissioned Officers, only who are well equipped to challenge the expertise of bureaucrats and dare to show them their place. But off late post independence, for the reasons we all know, the so called in-service Indian Commissioned Officers, can not confront wrong doings of these babujis directly, view constraints of service regulations, and all veterans since spread pan-India basis, do not enjoy the power of organized vote-bank/ potential nonsense value to leading political out fits.
Hence we have no option but to follow the Mahatma Gandhiji's policy of (Ahinsa and Sattyaagraha)through consistency and persistence in our approach, to seek justice through judicial options as available through law of the land, and prevailing speed of redress procedures.
RDOA is very well on its focus and course. Most appropriate for all of us at this crucial juncture is to unite with and support RDOA's movement, wait and watch the outcome of ongoing litigation of Rank Pay and perhaps some more anomaly issues to be handled, progressively.
Regards and Best Wishes.
We fought on many fronts western,Eastern,Sri Lanka,Kashmir Militancy,Desert,High Altitude etc during our service.The enemy was always foreigner or supported by foreign power.As a veteran the direction of front has changed 180 degrees.And the worst enemy is the Babu and his crockery.
Dear PBS Sir, we all are with you. We all waited so long patiently, just few months more. Let us hope for the best to happen, shortly in near future. Regards.
The Babus responsible for non-implementation of the Apex order in its letter and spirit should be charged with Sedition for their action to demoralize the Armed Forces.
THEY SHOULD BE CHARGED AS ENEMY OF NATION[ TRAITORS ]. AN ENEMY ACT TO DEMORALIZE A STANDING ARMY & WEAKENING THEIR FIGHTING SKILLS.
RDOA is doing a fine job without any fuss. THe job is difficult as it involves Govt agencies, Service HQ, MOD etc. Keep up good work. Legal battles have to be fought legally and with dedicated lawyers who are ready to go beyond and feel personal stakes are involved.
ramani k
veteran
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