Consider this: -
Maj (retd) A. K. Dhanapalan filed the case in 1996 (Original Petition No, 2448 of 1996) in the Hon'ble High Court in the year 1996,
The recommendations of the Fifth Pay Commission was made available to the Govt on 30th January 1997 - please see Para 1 of Resolution No. 50 (I)/IC/97 of the Government of India for confirmation.
Special Army, Instructions, Special Navy Instructions and Special Air Force Instructions following acceptance of the Fifth CPC report for Armed Forces was issued by MoD, with the concurrence of the MoF on 19th December 1997 as stated by the MoD in Para 8 of order No. 34 (6)/2012 - D (Pay/Services) for implementing the order of the Hon'ble Supreme Court dated 4.9.2012.
But Major Dhanapalan's case was decided in 2005 when the Supreme Court dismissed the UoI & Ors SLP (CC) 5908 of 2005 in July 2005.
Therefore isn't the inclusion of Para 148.1 and 148.2 in the Fifth CPC report without an explanatory note that the matter is sub-judice a CONTEMPT of Court?
Therefore isn't the Resolution of the MoD and the subsequent issue of the SAI/SNI/SAFI 1/S/1997 on 19th December 1997 a gross CONTEMPT of court?
Therefore aren't all arguments of the MoD & MoF citing Fifth CPC recommendations invalid and illegal?
Just food for thought!
May be N.K.Nair & Ors will consider this if they ever file a I.A. and put us out of this misery and uncertainty.
Satyam ev Jayate? Then give Satyam a Chance