As was discussed earlier on this blog on 28 Dec 2012 and
also amplified in this Oped on Stratpost, the orders issued by the Ministry of
Defence, implementing the judgement of the Supreme Court in the Rank Pay case,
were hardly in tune with the letter and spirit of the decision.
The points under controversy were duly (and strongly) taken
up by the Services Headquarters and also by the Chief of Staff’s Committee
(COSC) with the Defence Minister when it was felt that elements of the bureaucracy
were not inclined to see reason or to implement the orders in their proper
form. Most of the objections were from the Defence Accounts Department.
The Defence Minister had then directed that the views of the
Services as well as those of the others be placed before the Attorney General
for his opinion.
The Attorney General (AG), it seems, has rendered his
opinion, and it is in the following terms:
(a) As in the above referred blogpost, while the Court had
ordered re-fixation of pay 'with effect from 01-01-1986', Para 6 of the
implementation order of the Ministry granted it to officers 'as on 01-01-1986'. The
AG has reportedly opined that the benefits cannot be confined only to the
officers whose pay was fixed as on 01-01-1986 and benefit is to be granted to
all those officers whose pay has been fixed after deducting rank pay whether on
or after 01-01-1986.
(b) The AG has
reportedly however opined that minima of scales need not be changed and that
the ceiling for the rank of Brig/equivalent may also not be changed since it
was not a subject matter of the said litigation.
(c) As again
highlighted in the above blogpost and also put forth by the Services, the Ministry’s
implementation letter had also stated that no changes would be made in the
instructions issued after 5th and 6th CPCs except to the extent of
re-fixation necessitated due to fixation as on 01 Jan 1986. The AG has however
clearly opined that it is immaterial that the in the Rank Pay case only the 4th
CPC was involved, the principle of law would have to apply to 5th and 6th CPCs
also and the same action (non deduction of rank pay) would need to be corrected
for other CPCs also and that officers cannot be expected to again approach
Courts on same lines.
With this, the points of law postulated by this blog and
also by the Services Headquarters on many important points involved in the case,
stand solidified.
Any fresh letter issued by taking into account the opinion
of the Attorney General on the subject would lead to further financial benefit
to affected officers.
Now the ball is back in the Raksha Mantri’s Court.
(Note:- Please do not send individual queries through email
to me on the rank pay issue. Such mails would not be replied to. You are most
welcome to place your comments on the comments section of this post)
Thank You.
44 comments:
DEAR MAJ NAVDEEP SINGH, ONCE AGAIN, THANKS FOR GIVING LATEST ON RANK PAY CASE. OPINION OF THE ATTORNEY GENERAL IS IN LINE WITH THE VIEW EXPRESSED BY YOU EARLIER AND ALSO OF RDOA. IN MOST OF DISPUTED CASES, SUPREME COURT DIRECTS THEN ONLY ACTION IS TAKEN BY CONCERNED MINISTRY. EVEN WORDING OF THE SC JUDGEMENT IS CHANGED WHILE ISSUING IMPLEMENTATION ORDERS AS IT IS CLEAR NOW IN THIS CASE, AND OWN NOTING SHEETS ARE MADE BY THE MINISTRY NOT CONFINING TO THE RULING ON THE SUBJECT. AIM IS EITHER DELAY OR DO NOT MAKE ARREARS PAYMENT TO DEF RETIRED PERSONS. SOLUTION- KEEP APPROACHING SUPREME COURT,ULTIMATELY JUSTICE WILL PREVAIL. THANKS
@ Maj Navdeep
Sir,
1. Thanks for the much awaited update.
2. Clearly AG's opinion, though positive, still falls short of the full redressal.
3. With RDOA having already filed Contempt Petition (slated for first hearing on 23 Sep) the Govt may again get an alibi for dragging its feet (the hackneyed excuse of matter being sub judice). So it will be only realistic to expect NO RELIEF till the Contempt Petition is finally disposed off.
4. All said and done, at best the AG's opinion is now only of academic interest!
Dear Navdeep, I thought AG had forwarded the case to Law Ministry for its opinion or understanding of SC judgement. Nevertheless, AG has at least shown mirror to the highly unconcerned and insensitive babus of MoD who could not interpret what even laymen could do. What is more important now is to see how MoD and CGDA react and act. As far as we are concerned we can tow the old adage - Better late than Never. Thanx for keeping the faujis informed.
Sir,
1. We have seen the method adopted in revising the pay after the Dec 2012 govt letter. The moot question is that unless the Minima and maxima of the pay scale derived after deducting the Rank Pay is revised, we will again be thrown crumbs for picking up.
2. The contempt petition should bring out the False declarations made in the comparative fixation of civil and defence scales and have the court issue directions for revising the minima and maxima.
3. Otherwise the Babudom will have the last laugh!!!
Its a very very good NEWS and in the right direction. HEARINGs @ Supreme Court of BOTH RANK PAY as well DACP for Armed Forces Doctors is on 23 Sep 2013. All the very best for both. Regards CONSCIENCE
This should have effect on the pension fixed for maj gens. They cannot get less than brigs. Pl clarify.
I HAVE NOT BEEN ABLE TO GET CORRECT
PAYMENT OF ARREARS SO FAR EVEN AS PER THE ORDERS ALREADY ISSUED.
PCDA(O) HAVE ACCEPTED ERROR OF NOT PAYING CORRECTLY WEF 1-1-96 LONG BACK.
STILL RECTIFICATION OF ERROR IS YET TO BE CARRIED OUT BY THEM.
WRITTEN LETTERS BY NAME TO PCDA(O);BUT GOT ONLY ROUTINE REPLY FROM PR CELL STATING - IT WILL BE RECTIFIED IN DUE COURSE.
Lt Col A K Jain
These problems will continue to exist till the effected parties are not given a chance to participate.Civil side is given the right to participate because they right to go on STRIKE Why not give the same right to the DEFENCE SERVICES AND EX-SERVICEMEN ORGANISATIONS.Civil side the problems heard and sorted at regular interval why the def services are not heard and their problems sorted out.It is up to the Three service chief's to ensure that they are heard.WE should leave it to them Otherwise we have to go to SUPREME COURTS/HIGH COURTS the way we are now doing.I am afraid officer's can do.What about OR/JCO'S Who laying their life for the NATION on the orders of three chief's conveyed though their respective Arms/Services officer's.If we fail to solve the problems faced by them the time come when they stop listening to their orders then it will be a very serious problem for the officer's and the Nation.GOD MAY GOOD SENSE TO THE PEOPLE SITTING IN THE MINISTERY OF DEFENCE AND THREE SERVICE HEADQUATERS.
@ Maj Gen VK Das (retd)
Sir,
Most certainly it will have a bearing. Pls recall CGDA nixing DGL scales/grades submitted by Tripas (or Tri-Service Pay Staff) with the conceited logic of NOT revising the IV CPC integrated scale (2300-5100) upwards, lest Maj Gens' scale 'gets burst'!
But whether it is actually done or denied is altogether different matter though.
The blog post attributes this opinion to the learned AG, "minima of scales need not be changed and that the ceiling for the rank of Brig/equivalent may also not be changed since it was not a subject matter of the said litigation".
I do think this ought to be one of the core contentions in arguments during the forthcoming hearings. Fixation of the minima was one of the means emploted for denying rank pay.
Let us not forget, the rank pay was denied not only through that nefarious and unwarranted deduction, fixation of the rank-stages in the running payscale complemented the process of not "giving" rank pay.
The HSC speaks of "giving" rank pay, not part of rank pay.
At last some good sense prevail. It is surprising that MOD can not interpret even the simple HSC Order. As some one pointed out, thank God, they have not forwarded to the Law ministry for further study and opinion. That would have elongated the delay.
Now, as you said, the ball is in the RM's court. but hon'ble RM is busy with Telengana problem. so that is the excuse. We even fail to note that Chinese and Paks have taken the advantage of RM's busy with Telengana problem. But RM seems to be in no hurry.
In any case we have to wait
v.sundaresan
It is a good development, i would however like to invite attention to a different aspect in terms of 'rank' as it stands. While a Col(TS) and a Col(Selection) have been given the same pension why the disparity at the rank of Lt Col (TS) and Lt Col (Selection). I am surprised how come this aspect has not been taken up.
Thanks
The views given by the AG on the issues are almost the same as give by the SG when his opinion was asked by MoD as obtained through RTI by RDOA. MoD chose not to go as per his advice and issued letter on 27 Dec 12 as per recommended by CGDA. Therefore whether the views of AG will be taken into consideration by MoD will have to be seen.
The rank pay case is being delayed and infructuous objections are being order of the day. The Defence accounts department, MoD and other if any govt machinery is putting this type of delay why can't a plea taken up with the court that earlier the govt got a reprieve from the court from paying the interest to its own employees and got away with it. It was simply fraudulent and crime by any mercantile law. So this time the govt should be warned that heavy penalty if it is found guilty of wasting the court time and veterans money. Govt should be told to deposit the money with the court whatever is due to the veterans before making any submission to the court. Govt should not be allowed to simply file the objection and keep taking adjounments
How can the AG truncate the consequences like revision of Minimum and maximum of pay scales that flow as a result of restoration of deduction of rank pay earlier done? In this game the biggest losers will be Major Generals on account of cap on Brigadiers pay scale. If the cap is removed then addition of rank pay of Rs 2400.00 will have a cascading effect necessitating upward revision of all higher scales and not just Major Generals.
This news/ rumour of AG's opinion is a canard spread by babu lobby, as on earlier occasions, to give us false hope and not pursue contempt petition with vigour. We should believe anything only when it appears thru govt channels.
I expect babudom to again accept SC order and seek more time to implement SC order. We shud not fall into same trap again. RDOA shud insist on implementation of DGL of TRIPAS or insist any GO to be produced b4 SC and be acceptable to RDOA.
I sometimes feel that ruling of honourable apointments like the AG fall short of analysis required to give such an opinion.Why should not the maxima and minima change if the inputs to the 4cpc, 5cpc and 6cpc change? Scales will flow out of the last pay of the rank and then have to be in parity with the civilian counterparts!!
@ Maj Gen Ashok Coomar (retd)
Sir,
I agree with you in toto.
http://sharad10525.blogspot.in/2013/09/clarifications-by-ld-attorney-general_16.html?showComment=1379425670836#c723644724919800273
How the payscale was depressed by adjusting it by an amount equivalent to the rank pay has been the subject of discussion previously as in this blog post.
Now it needs to be established how inaccurate is CGDA's confirmation, to Learned Attorney General, that this was not the case, as cited by him at para 36 of his opinion.
In other words, it is crucial to counter the logic being advanced that refixing the payscale minima is not part of whole issue of incorrect deduction of Rank Pay.
RM has conveyed the sentiments of AG on Rank pay to Air chief (as quoted by headlines today)and shortly the thing is likely to be implemented. All thanks to Air chief. Now is the time for the Army chief to so something for the forces (Naval chief got the PB 4 for the Lt Col and eqlt ranks)
As anonimous said, the govt. should be asked to deposit the total amount of arrears with the court, before the case begins.There are instances when the courts ask the parties to deposit the disputed amount with the court.
THIS WAY ONLY THE GOVT CAN BE BROUGHT TO KNEELS.
V.SUNDARESAN
"The AG has reportedly however opined that minima of scales need not be changed and that the ceiling for the rank of Brig/equivalent may also not be changed since it was not a subject matter of the said litigation". IS THIS THE REASON FOR NOT AMENDING THE SCALES WRONGLY FIXED?? Then the contempt petition should take care of this issue also.
This is regarding rank pay of Lt.Col.(TS).
Lt.Col.(TS) are being paid rank pay of a Maj. When the case was taken up AG's reply was that Lt.Col.(TS)were posted against the vacancy of Major. As per DSR Lt.Col.(TS) is a rank and not an appointment. So the Govt should pay rank pay of Lt.Col.to all Lt.Col.(TS) Retired reemployed Col is getting rank pay of Col.where as they are appointed against the vacancy of Maj/Capt.
Lt.Col.J.M.SHAH (Retd)
http://sharad10525.blogspot.in/2013/03/chapter-28-fourth-pay-commission-armed.html
Please go thro para 28.14. "With the adoption of integrated pay scale recommended above, the existing grades in the ranks of Major and equivalent and Lt. Colonel and equivalent should be abolished."
Does this imply that the integrated pay scale was formulated by the commission without considering these two ranks and accordingly the pay for the remaining ranks were fixed??
Para 37 of the AGs clarification on Aerial View later says :-
The Ministry of Finance did not agree to the same for the following reasons: -
(i) At the outset, this issue was neither prayed for by Major Dhanapalan in his petition nor was it considered by the Hon’ble Kerala High Court nor is it covered in the order passed by the Hon’ble Court dt 5.10.1998.
Are the people in the MoF sane enough to hold the posts or does a retired Brigadier have to reinvent the wheel to get parity so lucidly described in Para 37 beginning.
@Anonymous:"..rank pay of Lt.Col.(TS)"; You have mentioned an important issue and I hope RDOA will incorporate it in their contempt petition, if feasible.
This has been discussed in blog posts previously and as I understand it was also clarified in a Govt letter but requisite instructions for paying the rank pay of the rank, not the vacancy, were never issued.
Rank Pay is integral to a rank and it's pay-scale. If the rank and the pay-scale are granted, so should be the corresponding rank-pay. What has the "post" or "establishment vacancy" got to do with it?
I had brought out issues connected with this matter in a blog post.
I am not an Army man,but, I know..so long as Civilians decide for forces,nothing much should be expected
There was no confusion in the Hounarable Supreme Court order dt 04 Sep 12 from the beginning.It is only the interpretation made by the BABUs having an IQ<40, with the liberty given by the incompetent ministry due to the leniency given by the service headquarters has caused the rightful denial to the Armed Forces.Despite all these interpretations, things would not move swiftly for sure, without change in the environment.
"It is stated in the file that an amount of Rs 320.06 crores has been paid till 5.7.2013 to 2820 serving and 31, 125 retired beneficiaries", whereas in the affidavit filed for reducing the penal interest stated "Financial implications of around 1623.71 crores arising out of implementation of the Hon’ble Supreme Court order dated 8-3-2010 would create a substantial impact...". Surprisingly the AGs branch forgot to mention the massive difference, which means they also overlooked that the categorical statement made in Para 30 of the affidavit filed with the Hon SC that "implementing the Hon’ble Court order dated 8-3-2010 would mean re-fixation of pay of not only the officers entitled to Rank Pay, but pay scales of other personnel above and below such officers would have to be revised w.e.f. 1.1.1986 firstly, and then from 1.1.1996 and 1.1.2006, i.e. at the time of subsequent pay revisions. Similar process would be carried out for revision of pension of the retired personnel. Any changes at one place will inevitably have impact on horizontal and vertical parities thereby changing the overall pay structure by the 4th CPC". Hon SC had allowed only relief in Penal interest and the Pay revisions in the subsequent V and VI Pay Commissions cannot be contested now by MoD. That is my view but then I neither a Bureaucrat nor a Law giver. I wonder if these Bureaucrats should even be allowed to drive on the roads.
@manu69: Your comment quoted AG's opinion,"...not a subject matter of the said litigation"....
But, it is a subject matter of the litigation, as tweeted.
@Manu69, September 17, 2013 at 9:57 PM.
Your query on ‘the existing grades in the ranks of Major and equivalent and Lt. Colonel and equivalent should be abolished’
has been answered at
http://sharad10525.blogspot.in/2013/03/chapter-28-fourth-pay-commission-armed.html?showComment=1379503943976#c2523016087615403978
Le me say, forthright and no masks/mincing of words.
This matter of created FAUXPAS in 1987 revolves around the game of denial of legitimate due pay to non-select gr officers.This irrational act of PAY FIXING by a devised and disguised formula has been nailed by DANAPALAN and RDOA.
That is where we are.Rest are derivatives and corrallarys AND INCIDENTAL.
Rectification and resolution (correcting earlier wrong ) of this aspect and associated issues does not require this game of evasion/delay /postpone..by the GOVT ;if the intentions are honest/hon ,even after final adjudication by supreme court.Services HQ were a party in that game.There is no point in going around circles without addressing basic and fundamental issue of HR management of powerful resource of officer cadre.
In fact Gr pay,NFU,legitimate rk pays to non-select rks....etc are related to this .More they delay and more fauxpas they create more will be pain to some individuals- in MOD and Def accts -representing as GOVT.
Having publicly projected pay progression without stagnation (as prevailing in all other services of INDIA ) to officers ,due to pyramid like structure of rks and derived integrated pay scales with separate rk pays up to rk of Brig,SAI 1987 HAS VIOLATED THIS PRINCIPLE AND RULE IN THE TRANSITORY PROCESSES OF PAY FIXATION ON 1.1.1986-FROM 3 RD TO 4 TH CPC.
SHED HYPOCRACY OF THIS TREATMENT OF SECTIONS OF OFFICER CADRE AND SOLUTIONS ARE EASY--OTHERWISE KEEP ON AND ON...NEVER ENDING.
QUESTIONS OF HOW MUCH A RK OFFCER SHOULD GET WOULD BE SIMPLE DERIVATIVES. NO FORCE CAN BLOCK OR PREVENT, THEY CAN ONLY POSTPONE/DELAY
From Aerial View
"2. At Para 34 of the ibid Opinion letter of Ld Attorney General, states, inter alia: - “The CGDA has indicated that the minimum for each rank has not been arrived at after deduction of rank pay. It was in fact a recommendation of 4th CPC….” (Photocopy of referred portion attached for ready reference)
3. Further, the ibid opinion letter of the Ld Attorney General states as follows at Para 36, inter alia: - “…..There is no need to revise the minimum, if as stated by the CGDA it has been fixed on another basis.” (Photocopy of the referred portion is attached for ready reference).
4. Please provide information by way of photocopies of documents that the CGDA relied on to make the above statements to the Ld Attorney General of India as neither any table nor a recommendation of minimum pay for each rank is in the 4th Central Pay Commission’s Report, Part I, Chapter 28 – Armed Forces Personnel (Pages 283 to 306, including table at Annexe 28.1 which is an illustration showing the pay in the integrated scale of pay for army officers of different ranks in reference to Para 28.113 or in Chapter 30 – Fixation of Pay in Proposed Scales (pages 310 to 312).
5. Since Rule 7 (1) (A) of CCS (RP) Rules 1986 has been quoted for not increasing the ceiling of the integrated scale of pay, please provide information by way of a photocopy of the same."
@ Manu 69 @ 9 :48 PM 17 Sep
Manu. AFAIK, the Major (SG) and Lt Col (SG) were thorns in the planned degradation of Army (and bureaucratic machinations to lower the Pension outgo). Nowadays, everyone realises that the Major (SG) was once upon a time equivalent to the Civ Select Grade (introduced just before the IV CPC). Maj (SG) was abolished in the IV CPC thereby equating SG with Lt Col (SG) later. The NFSG which was a Non-Select Grade (equivalent to a Major Time Scale) and introduced after IV CPC is now being equated to a Col. The bureaucrats are smart and will do anything to save a buck. We in services have fallen to their machinations time and again, not realising the impact of down gradation of ranks in the long run leading to intake of officers who will do anything to reach the higher echelons or make a nest egg adopting illegal means. God help this country when they introduce Col as a Time Scale Rank (and Service HQs makes the SoC which gets approved). If you think about it it is all an exercise to reduce the Pension outflow and screw retired personnel out of their once assured benefits. The only corrective measure will be to make JCOs more accountable and give them more power and reduce the intake of Officer Cadre (which is a leap of Faith).
@Anonymous AKA Lt.Col.J.M.SHAH(Retd)has stated in his comment dated 17 Sep 2013 has stated,"When the case was taken up AG's reply was that Lt.Col.(TS)were posted against the vacancy of Major".
Can he, or any one else, provide a reference or link to such a case or reference?
Sir,
Two important points of contempt to HSC order by MOD, already conceded by Ld AG. We are yet to see the reaction of Mr Anthony, RM on AG's letter. Wiil MOD issue a fresh implementation letter or corrigendum to their letter previous letter since matter is subjudice?
sir,
1. Thanks for enlightening us.
2. Our course has a peculiar problem in our pay. This is with regards to the option for fixation of pay. Most of us are getting a lesser basic pay than our coursemates.
3. It is the case with many who haven't filled their option for pay fixation. When contacted the CDA is claiming that nothing can be done on this as the deadline for exercising the option has ceased. But as per the govt rule, all officers of the same seniority inthe same arm and service are supposed to be getting the same basic. Please elucidate and help us.
Thanks and regards
Ld AG opined that minima need not be changed. Without changing minima, how
those officers who were promoted between 2/1/86 - 31/12 95 would get the benefit because they have not been refixed on promotion. They were simply given the rank pay to which they were promoted. Can someone explain this for the benefit of all please.
Lt Col(Retd) R S Dasila
@Lt Col(Retd) R S Dasila:"..Without changing minima, how
those officers who were promoted between 2/1/86 - 31/12 95 would get the benefit .."
So far no explanation has been forthcoming from anyone following these blogs in response to exactly the same query I had raised as to how equal pay for equal length of service in the same rank would be made possible without changing payscale stages, as asked here.
Dear All,
The Ld AG has rightly brought out that the reduction of rank pay from the Pay of AF Officers which was was rendered illegal in IV CPC applies to consequent and future CPC too. In V CPC also the rank pay was deducted. The unrevised rank pay was first added to basic pay with all those allowances accrued and only 400 was deducted towards revised rank pay of a Captain. A Captain was already getting rank pay of over Rs 603/- pm on 31 Dec 1995, what is the fun of granting Rs 400/- as rank pay in Vth CPC leaving rest of the rank pay in basic pay which can no where be compared with cilvilian counter parts as the civilians were not entitled for any elements of the rank pay. A captain was to get Rs 800/- as rank pay wef 01 Jan 1996 under accrual and entity concept of the accounting concepts and conventions. These conventions were not followed by MOD and CGDA for the reasons best known to them. In one of the retired Officer's case the CGDA has admitted that certain elements of rank pay was left in basic pay in Vth CPC. It was against the law of equations, accounts concepts and accounting equations. We should not surprise if the Govt grants us any thing less than 10000/- as MSP in 7th CPC, and the Govt will certainly do it leaving balance of accrued MSP in basic to bring us at par with civilian counterparts. Serving Officers are already drawing MSP of Rs 11400 today (Rs 6000 plus 90% DA) and by 31 Dec 2015 with the increase in DA and the 7th CPC benefits the Serving AF Officers will be drawing MSP above Rs 15000/- pm. The veterans will be drawing 50% thereof. Are you sure the babus will grant us that much? In working out AF Officers pay and entitlements the babus are not following Accounting Concepts and Accounting conventions which are issued under Govt authority. Just think had we been given the appropriate rank pay in Vth CPC which will be double the rank pay which we got it would have been much beneficitial than the fixation of pay which we are fighting for. We are not fighting for our dues but exposing ourselves as laymen in calculating of our entitlements. The best way is, first get your dues which are peculiar to AF and then compare basic (without rank pay) with civilian counterparts. This will certainly nail the babudom. I am very certain that the things happened in IV, V and VI CPC as far as our rank pay and MSP are concerned will repeat in VII CPC because we are illiterate in calculating our rightful dues.
@ Maj Gen Vk Das 17 Sep
pension of all maj Gen Eqv has been upwardly revised in 2008-10(more than Brig) in accordance with supreme court decision in Maj Gen Veins case.Please check with your CDA if not revised
Small mercies of life - in a litigious environment we don't have to claim our salary through courts.
2. Implementation of court orders even with AG clarifying may take another six months.
Dear Maj Navdeep Singh
I have a request for you
Can you please tell me How much an officer would be expected to get arrears after this Rank Pay arrears ruling by Supreme Court (for example I was a Major AMC on 01 Jan 1986 and retired in Feb 2008 as Col AMC (Merit Scale) I was paid RS 34,734 including everything. Is it OK If not whom should I refer to get right amount of arrears
Thanking you for all the info we get through your blogs
Col Jagan AMC retd
Contempt petition for IV CPC Rank Pay case came up for hearing in Supreme Court on 19 Nov 2013. The court has ordered issuance of notice to four
contemnors i.e Defence Secy Shri Shashi Kant Sharma, CGDA, Secy Def Finance and Secy Expenditure against non compliance of their orders, The notice is returnable in ten weeks.
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