RTI (21.1.2013) Queries and MoD reply

RTI Queries	Reply vide No. 35 (1)/2013/D (Pay/Services)
9.1. Please provide me with copies of notings by any and all officers/persons including and not confined to those of MoD, CGDA, PCDA (O), CDA (N), CDA (AF), Def/Fin, Min of Finance that led to filing of Interlocutory Application (IA) Number 9 of 2010 requesting the Hon’ble Supreme Court to recall, re-hear, change/modify, make variations in its order dated 8.3.2010.	Photocopies of notings of Ministry’s files on Rank Pay case are enclosed (93 pages)
9.2. Please provide me with copies of notings, briefs, and designations of any and all officers of MoD, CGDA, Def/Fin, Min of Finance who prepared, checked, vetted, and approved the contents of the original affidavit as well as of the additional affidavit in IA No. 9 of 2010.	Photocopies of notings of Ministry’s files on Rank Pay case are enclosed (93 pages)
9.3. Please confirm whether the deponent of the additional affidavit, namely Shri Paramjit Singh Walia, Under-Secretary in the MoD was consulted and informed of the seriousness of his solemn declaration in the Hon’ble Supreme Court? If so what were the notings and what was Shri Paramjit Singh Walia’s response?	Photocopies of notings of Ministry’s files on Rank Pay case are enclosed (93 pages)
9.4. Please confirm is the deponent was apprised that UoI/MoD subsequently may modify, restrict, change, negate implementation of the averments, especially of Paragraph 30, in case the Hon’ble Supreme Court upheld its order of 8th March 2010?	Yes, on the basis of decision taken on file in consultation with all stakeholders like MoF, CGDA etc
9.5. Please confirm whether the deponent (Shri Paramjit Singh Walia), being aware of the above, still solemnly affirmed his competence and knowledge when signing the additional affidavit?	Yes, on the basis of decision taken on file in consultation with all stakeholders like MoF, CGDA etc
9.6. Please provide me with copies of notings and responses of all officials during the hearing wise progress of the case that finally led to the Learned Solicitor General making a statement as stated in Paragraph 4 of the Orders of the Hon’ble Supreme Court on 4.9.2012. (Please see Para 8 above).	The Learned Solicitor General did it on his own. As such no record is available in MoD.
9.7. Please provide me with notings, briefs, basis, with names of the officials, their designations who assured the Learned Solicitor General that the order of the Hon’ble Supreme Court of 4th September 2012 would be implemented within 12 weeks thereby assuring him to make the statement as reflected in Paragraph 4 of the said order.  (Please see Para 8 above).	The Learned Solicitor General did it on his own. As such no record is available in MoD.
9.8. Please provide me with copies of file notings leading to decision(s) and who was responsible and accountable for the inability of the UoI/MoD to fulfil assurance made to the Hon’ble Supreme Court on behalf of the UoI/MoD by the Learned Solicitor-General in his statement so recorded by the Hon’ble Supreme Court on 4.9.2012. (Please refer to Para 8 above.)	Photocopies of notings of Ministry’s files on Rank Pay case are enclosed (93 pages)
9.9.             GoI/MoD letter reference number 34(6)/2012-D (Pay/Services) states that “instructions regarding modalities and methodology of payment to the affected officers of the armed forces and provisioning funds for the same are being issued separately in consultation with Service Hqrs (sic), CGDA, Defence (Finance) and Ministry of Defence.” What is the delay/reason preventing UoI/MoD from implementing the clear and succinct orders of the Hon’ble Supreme Court by not disbursing arrears within the promised 12 weeks?	Photocopies of notings of Ministry’s files on Rank Pay case are enclosed (93 pages)
9.10. GoI/MoD letter reference number 34(6)/2012-D (Pay/Services) dated 26th November 2012 further goes on to state “2. TRIPAS is requested to prepare a DGL regarding modalities and methodology of payment to the affected officers of the armed forces and submit it to the Ministry of Defence immediately.” Please let me know what action(s), meetings taken, and notes thereof between 4th September 2012 and 26th November 2012 to ensure that the compliance was not completed when the 12 weeks elapsed.	Photocopies of notings of Ministry’s files on Rank Pay case are enclosed (93 pages)
9.11.  Please provide me with copies of notings and comments of any and all officials including and not confined to MoD, CGDA, PCDA (O), CDA (N), CDA (AF), Def/Fin, Min of Finance from 4th September 2012 to 26th November 2012,	Photocopies of notings of Ministry’s files on Rank Pay case are enclosed (93 pages)
9.12. Please refer to GoI/MoD letter No. 34 (6)/2012-D (Pay Services) dated 26th November 2012, particularly the following statement: -             “In compliance of the Supreme Court order dated 4.9.2012 on the above subject, I am directed to convey that the Government of India has decided to refix the pay without deduction of rank pay w.e.f. 1.1.1986 in respect of officers of the armed forces in conformity with the orders of the Kerala High Court dated 5.10.1998 in the case of Maj A K Dhanapalan versus Union of India & others.” Was the Director (AG.1) who signed the above informed and if so, by whom that there are the following dissimilarities: - (i)                     Neither does the Hon’ble Supreme Court’s order of 8.3.2010 nor its order of 4.9.2012 state that payment of arrears is to be in conformity with the Kerala High Court’s judgment. (ii)                   The Orders of the Kerala High Court did not grant any interest but the Orders of the Hon’ble Supreme Court dated 4th September 2012 has granted interest @ 6% from 1.1.2006.	After issue of MoD letter dated 26.11.2012, MoD has since issued detailed order on 27.12.2012 in consultation with Ministry of Law, Ministry of Finance, CGDA etc to implement the Hon’ble Supreme Court Order dated 4.9.2012. As such the point raised in this Para has no relevance.
9.13. Were all the officers who processed the GoI/MoD letter of 26th November 2012 aware that the Hon’ble Supreme Court’s judgment of 4.9.2012 only changes the date for commencement of payment of interest because the Hon’ble High Court of Kerala did not impose interest on the arrears in UoI vs Major Dhanapalan. That therefore the Hon’ble Supreme Court has amended its order of 8.3.210 only about the date of payment of interest from 1.1.1986 to 1.1.2006 and nowhere referred to 4th , 5th or 6th Pay Commission.	Yes, Kerala High Court also did not refer to V, VI CPC
9.14. Would the MoD propose to take any action against the officer(s) and also publish the proceedings as per All India Civil Service Rules in case of officers to whom it applies and other relevant rules where the CSR does not apply if it is found that the official(s) has/ have wilfully and intentionally subverted the orders of the Hon’ble Supreme Court?	Detailed orders have since been issued on 27.12.2012 in consultation with Ministry of Law, Ministry of Finance, CGDA etc to implement the Hon’ble Supreme Court order dated 4.9.2012. Hence there is no subversion of Hon’ble Supreme Court Order. The Learned Solicitor General did it on his own. As such no record is available in MoD.