A meeting was held in the office of the Raksha Mantri on 14 Jun 2013 at 1500h onwards to resolve the infirmities created by the mandarins of MoD in the correct interpretation of the Hon'ble Supreme Court order of 04 Sept 2013 in the IV CPC Rank Pay case. The Babus gave their version of the court order as percieved by them. The Services Hq pointed out the anomalies created by not implementing the court order in letter and spirit.
No agreement was reached and the case has been referred to the Attorney General for his views.
Is the AG above the Supreme Court? Can his interpretation be taken as gospel truth against the three judge judgment of the Supreme Court?
Media was briefed about the meeting by the babus. Headlines Today and Star News (Hindi) would be telecasting and updating the happennings. In any case it would be in the print media by morrow.
No agreement was reached and the case has been referred to the Attorney General for his views.
Is the AG above the Supreme Court? Can his interpretation be taken as gospel truth against the three judge judgment of the Supreme Court?
Media was briefed about the meeting by the babus. Headlines Today and Star News (Hindi) would be telecasting and updating the happennings. In any case it would be in the print media by morrow.
16 comments:
well did we expect something better than this from the same babus?
we should not have any meeting on this issue and let it be decided by the Hon'ble SC.
the cgda and babus are taking everyone for ride, one should not expect any positive result from such meetings.RDOA should press further with contempt case in SC when it reopens with penal interest from 1.1.1986 as given in first judgement i.e 2008.
It is amply clear that a deliberate action plan is there to justify the wrong doing of babus.Filing contempt becomes all the more essential irrespective of this face-saving effort by referring the case to AG.This v well could have been done much earlier if at all.
This definitely is a time-buying tactics.Let us not fall prey to this.
@Dear all affected and RDOA : My part comment in previous post is reproduced :
" Who stops us from following the foot prints of like: Annas, Babas and Aam Adamiwalaji. we have a legacy of Father of the nation to follow, the path of (Dharana, Rastaroko, Chakkajam etc) 'Ahinsa'. Being trained in handling enemy and traitors, we add a terminology ' Ghero aur Sar Phodo' of concerned traitors, if need arises. Good luck and all the Very Best".
When every approach renders to be redundant, ultimately 'The Alternative' as mentioned above shall always be there to seek justice in today's Mother India. Jai Hind and All The Very Best.
As expected only. At least the service chiefs could have asked RDOA to give the presentation and made to be available for ready replies/answers and keep the chiefs from getting bull-dozed y the babaus.
As stated is the AG bigger than the SC" any lawyer with RDOA could have clarified any points.
NOW ONLY WAY IS"'THE CONTEMPT OF COURT" PROCEEDINGS.
V.SUNDARESAN
I don't think this is an occasion for name calling, hurling accusations and, even less, for renewing crank-calls for going to Jantar Mantar :-/
This process involving the discussion with Hon'ble RM will run it's course. It could turn out to be an open-ended exchange of opinions and counter-opinions which certain sections of the administration thrive on. It would be just the sort of endless nonsense that would suit the parties that seek to deny the services their rightful dues.
In any case, this process doesn't involve RDOA, only the services HQs. I don't think RDOA need to wait much longer for seeking a legal redress.
If in the middle of the legal process some constructive rectification comes through, the legal process can always be reversed by RDOA.
@RDOA:"...Is the AG above the Supreme Court?"
The AG himself would be the last to claim that status.
I think it is in order for Hon'ble RM to obtain the legal position from the AG as the discord on interpretation of a judgement of Hon'ble Supreme Court exists between TRIPAS and the bureaucracy.
The situation re RDOA's position is fairly clear. A judgement has not been implemented in letter and spirit. A contempt petition is the recourse for that. In the absence of such a petition, the Govt. can continue to obtain as many opinions or hold as many meetings they like. Why should we feel aggrieved by that?
The point is, whar legal course is planned by the affected party. The service chiefs are not the litigants in this case.
One should be firm in his decision and action. Please read my views of 7th May 2013 and we jointly should organize and start chain hunger strike at Jantar Mantar and give wide publicity by Newspapers and TV media. These I A S/I D A S do not want that our Pay/Pension is to be more than them. Therefore they are sticking to their point and respect the H S C verdict.
I think the mandarin bureaucracy and spineless polity of the nation has been degraded to the level of erstwhile Pak, to perforce inject breathing aid from AF of the nation, to keep their business going.
Let us not dispute the fact that there can be two opinion about an issue. It suits us to believe that we are right while the babus are wrong. There may be many nuances to the issue. I think we should leave it to the RDOA to take the final call because only RDOA and their legal team knows the nuts and bolts and everything else, including what is in fine print.
Let's sit back and watch the fight and keep to the minimum, our own interpretations and suggestions.
Of course this is my personal view!
AG will be singing like a Parrot,as SC had said in another case. we need to go ahead with CONTEMPT PETITION.IN FACT RDOA should org agathering at TEEN MURTI IF NOT AT VIJAY CHOWK OF VETRANS AND DISROBE (DISROBE) IN FULL VIEW OF MEDIA.
RM himself is a layer and HSC verdict is clear to him(provided he has gone through it).Still forwarding the case to AG without any time bound reply, is nothing but delay tactics.Enough is enough.Now we must fight to finish the case in the HSC.Political parties and BABUS are not bothered about Armd Forces and have no respect for three Chiefs.They will do so till such time another 1962 is repeated .
@Amal Sarkar: Judging from the news reports, it is the three service chiefs who will obtain the views of the Attorney General. No better moment than the current one to obtain legal approval on the DGL that TRIPAS had prepared.
Also, the process of obtaining views is to be done next week. Hopefully, it will not be a time-consuming affair.
@corona8, sir i have been reading your balanced views on this issue from day one and subscribe to it as well. however, i am not very optimistic about the whole thing, till it is pushed down the throat by SC. everyone seems to have forgotten the euphoria that was created prior to the independence day last year, reg the issue of pay and status of AFs. PM spoke in his speech that we will resolve it. here we are approaching the next independence day with no talk about it. presentation given by the services to cab secy was supposedly well recd and was to be put up in the cabinet meeting, for which the cabinet has not had time in the past over six months. thats bcoz the babus decide what has to be put up in the cabinet meeting and they choose not to put it up. our RM had written a well publicised letter to PM which was a good PR exercise with absolutely no gain for the services. i seem to be resigning to fate, unless RDOA does something dramatic....
@Unknown: I don't think we should mix up all the issues. Though the rank pay matter is part of the issues that reflect on the attitudes of the govt. towards personnel of armed forces, it also has its own distinct identity.
It has been ignorantly clubbed with OROP, war widows cases etc in the media, clearly indicating how imprecise the approach of the civilian population is to this specific subject. The only consolation is, in the process, it has received some public attention.
The rank pay litigation has produced results. Some arrears have been paid. But as there has been an undesirable interpretation of the judgement, the legal remedy is available in case AG's views do not meet RDOA's requirements.
Remember, AG is to offer views on the the interpretations of the services HQs which, though, are in line with RDOA's at the moment. But if AG's views are that the present implementation is in order, it is RDOA that would have to examine the feasibility of the contempt option in real earnest.
PCDA(O) is also utilising government site(s) for contesting the rank pay issue(see http://www.gconnect.in/defence-services/defence-accounts/army-personnel-pay-as-per-honble-supreme-court-judgement-dated-04-09-2012.html). It is only appropriate that all available opportunities are utilised to present our point of view. The issue of MoD not considering the anomaly in rank pay issue in Vth CPC despite the Hon'ble Supreme Court order is a case in point. Similarly raising the cap for basic for Brigadiers beyond 5100 once rank pay is added is another such point with major consequences (ofcourse the implementation wef 01.01.86 remains by far the most important). The scales have to be revised upwards by one rank pay for all ranks both for IVth as well as Vth CPC scales and not capped to scales as implemented. This will have its effect in VIth CPC scales automatically. Representations at all levels need coordination whether be it with MoD, or AG or Courts or the media.
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