As was discussed on this blog on 16 September 2013 with
reference to the rank pay controversy
(See this and this), the Attorney General had supported some of the issues
raised by the Defence Services on which there was a difference of opinion with
the Ministry of Defence on interpretation of the decision of the Supreme Court.
Taking into account the legal advice tendered by the then
Attorney General, the Ministry has today issued a fresh letter on the rank pay issue which is to be read in
conjunction with the earlier letter.
The Ministry has also agreed that the reduction/deduction
of rank pay from the fixation during 5th Central Pay Commission was
also incorrect and that the fixation would be rectified for the period of 01st
January 1996 and beyond too.
The letter can be downloaded by clicking here.
Thanks to the ones who relentlessly fought the battle, including RDOA and the Pay Commission Cells of the three services.
Lots more to do....
39 comments:
Congrats to all. Can Maj NS ji email a copy of this letter which I am unable to access by clicking on the blog report?
This is a useful update for readers of this blog.
The closing line "Lots more to do.... is a masterpiece in understatement, considering the unaddressed remaining issues stated in RDOA's rejoinder.
Given the inactivity on RDOA's blog, would Maj Navdeep highlight the current status?
Hearty congrats to maj.navdeep and RDOA AND SCORES of others for the letter. The very fact that GOI has issued this JUST ONE DAY PRIOR TO THE CONTEMPT PROCEEDINGS IN HSC, SHOWS HOW MUCH BABUs are scared of the HSC.However, they may be having many things up their sleeves; this could be a PROXY to stall the actual payment period further, and HSC also may give further time for playing.
Any case hearty congrats to one and all.
wg.cdr.v.sundaresan(retd)
But what about pay fixation during 6 CPC, wherein the Grade Pay of Majors have been fixed as 6600 and not as 7600?? Was it not a direct result of rank pay deduction during the 5 cpc ??
Congrats
Good job done by all those who have relentlessly followed up with the Min of Def.
However Para 6(c) may need to be examined since it says that no re-fixation is necessary wef 01 Jan 2006.
When re-fixation is carried out as on 01 Jan 1986 and 01 Jan 1996, there would be a need to re-fix as on 01 Jan 2006, due to the change in the pre-revised scales.
Let us hope that this anamoly too is sorted out.
Lt Col Bharat Chevur (Retd)
Congrats to all. Really moved by the point put across by Maj Navdeep @ NDTV with Barkha Dutt, alongwith MP MP Chandrasekhar and Gen Oberoy. Good times are coming. Bye DOCTOR, time for DACP to come through also.
NOTE_ 6 C]NOW HERE BABUS HAVE AGAIN PLAYED A TRICK I] THE QUESTION OF RANK PAY DEDUCTION DOES NOT ARISE AS RANK PAY WAS NOT GIVEN., THE RANK PAY MULTIPLE 1.86 OF Vth CPC IS YET DUE TO BE ADDED IN 6th CPC.
II] THE QUESTION OF GRADE PAY HAS NO CONCERN AS IT IS ALSO BEING PAID TO CIV ALSO.KINDLY NOTE ARMY OFFICER HAVE BEEN PAID LOWER GRADE PAY,DIG WAS LOWER THAN Lt Col IN IVth CPC, BUT IN 6th CPC HE HAS BEEN PLACED IN GRADE PAY 8900 WHILE AS PER
Actual Warrant of Precedence i] Actual Warrant of Precedence 33. Colonels ii]Actual Warrant of Precedence.. 37. DIG of Police
DIG POLICE IS JUNIOR TO COLONEL BUT IS GETTINGTHUS COL/ BRIG HAVE BEEN DEGRADED FURTHER
BECAUSE ARMY HAS BEEN DENIED NFU STATUS.NFU STATUS THAT SHOULD HAVE BEEN GRANTED & INCLUDED IN THIS LETTER
COL/ BRIG ARE TO BE PLACED ABOVE SUPER TIME SCALE . BECAUSE ALL TIME SCALE CIV GET PENSION OF Lt GEN THEN HOW CAN SELECTION GRADECOL/ BRIG CAN BE PLACED UNDER JUNIOR DIG / ANY TIME SCALE OFFICER
A GLARING MISTAKE & MISCHIEF DONE BY BABUS AGAIN.III]THE QUESTION OF GRANT OF MSP CANNOT BE LINKED AS IT IS NOT AS ER DIFFERENT RANKS, BUT AS PER HARD SHIP OF JOB.IT SEEMS ANOTHER LEGAL BATTLE AWAITS A] AS HALF WORK HAS BEEN DONE ON RANK PAY & COOLY POLISHED 6th CPC
B]NEITHER RANK PAY MULTIPLICATION FACTOR ADDED NOR NFU STATUS GRANTED & DE GRADED ARMY FURTHER
C] REASON OF NON GRANT OF NFU STATUS WILL HAVE WORST EMORALISING FACTOR ON SERVING & RETIRED,IF COL IS DEMORALISED THEN NO ARMY CAN WIN IN THE WORLD. HE IS BIG MOTIVATOR TO TROOPS.MOREOVER PM MODI JI WANT TO GIVE INCENTIVE FOR BETTER PERFORMNCE & HERE COL [SELECTION] IS BEING GIVEN DE-INCENTIVE,
LOW MORAL OF COMMANDER CAN NEVER BOOST MORAL OF HIS TROOPS.SIR BULK OF OFFICER RETIRE BELOW THIS RANK & COL RANK, WHEN NO INCENTIVE EXISTS FOR BATTLE COMMANDER OF TROOPS THEN NO ARMY OF WORLD CAN FIGHT EFFECTIVELY &THUS LOOSING IS ALMOST SURE.
Dear lt col bharat Chevur. Para ^(c) is only saying that formulae for refixing does not require change. Tharefore there is no anmoly. it will be refixed as on 01 Jan 2006.
Wg Cdr AK Sinha
What about pay fixation during 6CPC, wherein the Grade Pay of Majors have been fixed as 6600 and not as 7600?? Was it not a direct result of rank pay deduction during the 5CPC??
Similarly the Grade pay of all subsequent ranks of Lt Col/Col/Brigs needs to be re-fixed for full relief.
The fact mentioned in the reference to the para 6(C) of the letter about pay fixation in 6th pay commission not having any bearing seems incorrect. The genesis of Lt Cols being kept in PB-3 initially stemmed from that only and subsequently they were given a Grade Pay of Rs 8000 & not 8700 has resulted in the anomaly to continue.
letter says 'refixation for 2006 only to the extent necessitated due to 86 and 96 pay commissions...so should be ok I think.
It is very important that the Service HQs examine this letter, have a quick meeting with the brains trust and file their reply.
Also this letter appears to be another half hearted attempt of the MoD
A prison sentence to one of the guilty would settle matters more effectively...but then I am only dreaming
What are the congratulations about? For a few dollars more?? They have done nothing about the grade pay which was fixed equivalent to one rank less than the rightful rank after deducting the rank pay from the basic. They are not doing anything about it. restoring a few bread crumbs is a victory?
THANKS FOR THE RELENTLESS HARD WORK DONE BY MAJOR NAVDEEP AND RDOA.CONGRATS.
The formula for fixing VI Pay Commission does not require a change but re-fixation due to the extent necessitated by 86 and 96 pay commissions would be done. This one sentence leaves the door open for refixing the 2006 pay scales as well as the grade pay issues......but may not be done automatically.
Congrats to all but we need to now pursue the NFU status to be made applicable to Armed Forces too.
Every good so far but letter has not ben sent to respective PCDAo's.Now who will implement this letter in and when?
Thanks Maj Navdeep for all updates
Wonder if rounding off of DISABILITY PENSION for PMR cases would also come through or do we have to file an appeal in AFT
-Lt Col G Nihalani
The letter is a half baked attempt which will create more anomalies than it addresses with vague issue resolutions which are open to interpretation.
Issues flagged in 25 Jul Comments-
Anonymous at 3:14 PM
Col Lamba at 7:52 PM absolutely hit the nail on the head.
Vikrant @ 9:06 PM absolutely correct.
Not Flagged by anyone - What about the MSP from 01 Jan 2006 to 31 Aug 2008? for which no arrears were paid. If the MSP was Rank Pay in new form, than Rank Pay of IV CPC should have been multiplied by 1.86 (basically doubled)in V CPC and then again revised in VI CPC (+ 40%)over and above the PB Pay + GP which means it cannot be a Fixed amount for all ranks.
Lt Gens and above not getting MSP (whereas Civilians getting GP of 12000, 13000 etc is a facdt beyond the scope of the issue at hand).
If the people drafting the letter are so vague, what about the interpretors in CDA who possibly have an IQ of <100 and wouldn't make it past SSB or NDA entrance in Fauj. I think this letter is just being left to the environment to assess the reaction. It is JUNK as anyone who knows the issues realises.
Major Navdeep, since your blog alongwith the RDOA blog is used to fathom the reactions of the environ, could you pls disable the comment moderation for some time. I know it is wrong to ask you considering the superhuman task you accomplish so easily and the responsibility you display but... let the Babus know that we aren't fooled so easily any longer.
Good job done by Maj NS and RDOA's. 1.Untill implemented on ground the fight should continue vigorously,lest the babus will do nothing.
2. NFU must be applicable to the Armed Forces as this org is the biggest affected,due to rank structure and 80% of the offrs retired upto the rank of Lt Col.
3. The three services HQs and top brass must wake up. They dont care enough for the org and they are also to be blamed.
1stly, a big congrats to Maj Navdeep and his team. You have done a great service. Now coming to the GOI letter, I think it has addressed all the major concerns. Pay will be refixed for 5th and 6th CPC. Arrears will be paid. I know people would like to ask now if arrears pertaining to their various past claims of 96 onwards etc based on now revised scales would also be paid or not. As regards to arrears of MSP from 01 Jan 2006 onwards, I think it is amply clear that all arrears were paid to everyone wef 31 Aug 08 only. Also MSP is not Rank Pay. As regards to NFU, in the best interest of the org, I tend to agree that it should not be applicable for defence forces. However, there is a case for Brig (TS). OROP has not been accepted by successive governments for past 20 years.. why?? There is no end to nourishing dreams..but it's all tax payer's money and I think Govt at every stage was right in not implementing the same. It is, at the least, illogical to say that some one who retired 20 years back should also get the same pension as some one retiring now. Let's be practical and not wish for moon every time. Regards to all seniors.
Is this Rank Pay have any impact on those who retired before 01/01/1986? And what about the family pensioners of pre 01/01/1986 retired officers?
Or is it only for those in service as on 01/01/1986?
I am confused. Kindly do explain. I am a family pensioner of pre 01/01/1986 retired officer.
Thank you.
Dear sir would request if you can help me in understanding my father retd as a maj on 02 may 84 with about 21 + pre army seniority in Railways what should he be looking at with this govt order , thank you so much for being there and fighting for all your comrades, regards kalra
We all thanks Major Navdeep Singh for the interest and welfare being looked after by him. He is a real Hero for the Armed Forces. We salute him. I request Major Navdeep to now take up case for grant of Grade Pay which is a real demand not for money but for honour for the Armed Forced Personnel.
but how does it affect all those who were commissioned in mar 1996. contents difficult to co relate...can anybody simplify or amplify please? Sorry not giving my rk and name as still in service...regrets
I congrats Maj Navdeep and his team for his services for our military people. Our one rank,one pension is not even equal to a small subsidy Govt is giving to any states. Those Babus who are involved with OROP should go stay for one month each in Lay-ladak in winter, Jeselmar, Rajastan in summer and Assam Chaina borders in rainy season, then they accept our demand immediately.
Ex Sgt Pv. Rao.
sir, one observation on the new order issued on rank pay. it says no change in the sai/2/98 expect for fixation method i.e. deduction of rank pay. it means somebody becoming capt after jan96 would still start at 9600. so still no joy for capt after jan96.
Sir
even after the latest order the basic starting scale of Capt remains 9600. I hope rdoa is fighting for us.
Copy of Naval HQs letter on Rank Pay:-
Tele: 23010338
PA/5437 05 Aug 14
INTEGRATED HEADQUARTERS MINISTRY OF DEFENCE (N) DIRECTORATE OF PAY AND ALLOWANCES
(PAY SECTION)
1. Refer to DESA Note No DX/100 dated 01 Aug 14.
2. In accordance with the pay fixation methodology of IVth CPC (w.e.f. 01.01.86) and Vth CPC (w.e.f. 01.01.96), the Rank Pay was deducted to arrive at the actual figure for pay fixation as per NO 1/S/87 and NI 2/S/98. The initial Supreme Court Order on Rank Pay Case (Dhanapalan Part I) implemented vide GoI, MoD letter dated 27 Dec 12 stipulated that Rank Pay should not be deducted during pay fixation ‘as on 01.01.86’ and consequently 4737 officers in the rank from Lieutenant to Commodore ‘as on 01.01.86’ were benefitted.
3. The latest GoI letter dated 24 Jul 14 pertaining to Rank Pay case (Dhanapalan Part II) has now been issued as an amendment to the earlier GoI, MoD letter dated 27 Dec 12. The letter primarily substitutes ‘as on 01.01.86’ by ‘w.e.f. 01.01.86’ in the original Ministry order 34(6)/2012-D (Pay Service) dated 27 Dec. The letter also amends the NI 2/S/98 insofar as deduction of Rank Pay for fixation of pay of officers in revised scale ‘w.e.f 01.01.96’ is concerned. It is pertinent to mention that the original order restricted the benefit of ‘Rank Pay’ to IVth CPC only. The re-fixation methodology without deduction of Rank Pay that was used to re-fix the pay of 4737 officers ‘as on 01.01.86’ will now need to be replicated to re-fix the pay of concerned officers ‘as on 01.01.96’.
4. In addition, case of officers who were Lt to Cmde as on 01.01.96 would also need to be examined for re-fixation from IVth to Vth CPC scales. Among this group, the following officers are likely to benefit:-
(a) Lts with BP of Rs 3200/- and above as on 01.01.96;
(b) Lt Cdrs with BP of Rs 4050/- and above as on 01.01.96; and
(c) Cdrs with BP of Rs 4800/- and above as on 01.01.96.
5. It is estimated that about 10% to 15% of officers, who were in rank of Lt to Cmde during the period 01 Jan 86 to 31 Dec 95 are likely to be benefitted. Other officers would not be affected as their revised pay even after inclusion of Rank Pay is lower than the corresponding revised scales of Vth CPC initially computed. Approx financial implication Navy wide is Rs 1.75 Crore only.
6. The re-fixation of pay w.e.f. 01.01.06 did not involve deduction of rank pay and as such there will be no change in the fixation w.e.f. 01.01.06, except any re-fixation of pay w.e.f. 01.01.86 and 01.01.96 as above.
7. The groundwork required for implementation of Government order dated 24 July 14 has commenced at Naval Pay Office. Since the Individual Pay Account (IPA) data of IVth and Vth CPC vintage is not available in digitised form, the re-fixation will have to done by extracting data from individual binders. NPO should be able to prepare the Authorization Slips for audit and payment through Statement of Entitlements commencing Sep 14.
(MK Jetly)
Commodore
PDPA
PDESA
Disappointing way of MoD to interpret the Corrigendum. More battles lies ahead.
Sir, I am sorry, But I thing you are only talking about officers.THINK SOMETHING ABOUT OR'S. Because they are foundation of our army and if iam wrong I say sorry again . Please reply me personally on my id if you will not publish.
THANKS
letter only says about refixation of pay as on 01-01-96 while deduction of rank pay has also impacted fixation of pay scales example capt 9600 instead of 10000,maj and lt cols and so on.
this pay scale required a change which has been denied in letter. due to these faulty scales only anomly of grade pay occured in vi pay commision.
issue not resolved in totto.
fooled by MoD again.
those resp for jr officers like me pl do something
@Anonymous:"...Good job done by Maj NS and RDOA's..."; We all know Maj Navdeep and RDOA's contributions are great towards the causes affecting ESMs, but how is this GOI letter related to their work?
Either you are totally not related to armed forces or are deliberately trying to sabotage all rational discussion on the subject. Nobody belonging to AFs or the ESM community would make such ignorant comments here.
It is gracious of the blog owner to permit such stuff to be published, of course.
Maj Navdeep Sir , I joined the veteran community on 30 Aug 14 having retired prematurely . Commissioned on 15 Dec 84 . We were rejoicing after the Attorney General letter on rank pay . I had become acting Capt on 15 Dec 86. Hence thought we would get the benefit of this letter . I visited CDA yesterday and they have made a chart to adjust arrears resulting from the latest ruling. To my utter surprise the table made by them does not make me qualify for any benefit in fixation even in 1996,. They continue to work on the parameter of the Offrs who were capt on 01/01/86.My advice to all don't expect anything one would be in for a Shock.
Col R D Sharma
Maj NAVDEEP,
I joined as direct entry JCo on 6/1167 and got selected in SL commission on 25 Jul 1983. I was promoted as acting capt on 10 Mar 1987. As per HSC orders the rank pay is applicable for capts and above wef 1/1/86, where as the MOD manipulated the orders as as on 1/1/86 and paid Rank pay arrears to only capts and above as on 1/1/86.
I was promoted as substantive Major on 25 Jul 1996 and retired on 31 Dec 2002.
However, as on to day I have not received any arrears.
So, please clarify where I am entitled for any Rank pay arrears or not. If I am entitled please info what is the action to be taken by me.
Maj kvs rao
Maj Navadeep Singh sabb, It is nice you are doing lot of good service to Ex servicemen.Congrats. One request, from us, please kindly take up issue of Toll Tax on high ways. This tax is only exempted only for present serving people, where as ex-service people are not exempted. According to this we can asses how ex-servicemen are treated. Please
kindly take up this issue.
Thank you,
P V Rao.
Maj Navdeep,
Compliments to your good work. I was commissioned in March 95 and became a capt in March 98 . On approaching CDA Pune they mention that the arrears are only applicable to officers who were holding the rank of Capt to Brig as on 01-01-1996. Is this the correct interpretation by CDA Pune. Please advise.
The trick in the letter is in Para 8 of MoD letter of 24 July 14,wherein taking cover behind legal opinion of the Attorney General it is stated that the relevant SAIs issued after 5th and 6th pay commission are not to be revised. This effectively means that new 'fixation tables ' are not to be generated . thus most officers ,especially those close to top of scale on 31 Dec 1995 and 31 Dec 2005 will very quickly reach top of the unrevised integrated scale thereafter will not be eligible for any further arrears. This is evident from the 'due-drawn statements' generated for Rankpay arrears Part -1. The moot point is that without revision of fixation tables as on 01 Jan 1996 and 2006 the whole approach is malafide.
Brig P S Sanghera
Dear Navdeep,
Request you to clarify this one last time. (BTW many of my comments are not published. These may look naïve but believe me 90% of us are in complete darkness about such matters.)
HSC has disposed off Rank Pay case without considering revision of Fitment tables for 5th and 6th CPC. Whole decision of HSC on Rank Pay was to add Rank Pay to Basic for calculations rather than deducting because Rank Pay was carved out of Basic in 4th CPC.
Please refer earlier comment showing Naval letter. At para 6. it says 6th CPC tables need not be revised as the Rank Pay was not deducted. What a Joke. Who is talking about deduction Sir, you need to add Rank Pay to Basic to get fitment table of 6th CPC. This way 15100/- Basic and above are in PB-4 with GP 8700/- or more. Faujis are once again fooled by clever use of words. Major/Lt Cols in Vth CPC were drawing more than 15100/- when Basic and Rank Pay are added, so should be in GP 8700/- and above in 6th CPC.
Now HSC has not accepted RDoA Plea on above subject. Why????
Dear major, All those officers who were made capt after 1986 but in 4 cpc, we're they not given the pay band without the rank pay? As such they are also victim of RANK PAY anamoly in 4 cpc and also 5 cpc? What are your views and in my opinion all those officers who were fixed in pay band of CAPT , MAJORS TOO are affected and should be granted RANK PAY WITH ARREARS as pay band was FAULTY ALL DURING 4CPC AND 5CPC.
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