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 5^th 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.   

 

 

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.  

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

 

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.

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.

 

IV CPC RANK PAY CASE: Payment made to serving offrs

Arrears credited to serving officers: IV CPC Rank Pay Case

Serving officers who were holding the rank of Capt to Brig as on 1/1/86 have received the arrears on account of the IV CPC Rank pay case. Amount credited varies from Rs 46000/- to Rs 120000/- depending upon the rank held. Modality of calculation can only be known once the officers receive the work sheet of the due/paid statement which would be sent by CDAO Pune on their email ids.

RDOA has filed RTI to know

1. How many serving officers have been paid in the rank of Capt to Brig.

2. How have the calculations been done. Provide details for worked out amount for each rank from Capt to Brig.

Solicitor General who argued the case for the UOI Mr Nariman has since resigned.

More info as and when known!!

 

AGONY INCREASES!

UOI/MoD does a Volte Face on its own orders! Where are we heading?

CDAO Pune has credited arrears of rank pay (IV CPC) of serving officers who were Capt to Brig as on 1/1/1986. By doing so CDAO has not followed the orders given by MoD vide its letter of 27 Dec 2012. Even initial refixation of Basic Pay in terms of para 6 (a) (ii) without deducting rank pay has not been done. Arrears have been confined to only IV CPC. The pay of those officers who transited from IV CPC to V CPC to VI CPC and in terms of para 8 of the ibid implementation letter also have not been refixed. A clear violation of its own orders by its own implementing agencies who have become a law unto themselves. Where will all this lead to or is leading to?

CDAO’s action is laudable as this was the ‘appreciated’ course of action as visioned/brain stormed by RDOA. So, RDOA is not surprised. UOI/MoD/CDAO have moved one more step closer to the pre planned action of RDOA.

Further developments awaited!!