Aerial View : April 2013

Thursday, 25 April 2013

Extract of RTI dated 13.3.2013 to CGDA and complete reply by CGDA dated 15.4.2013

Reply by CGDA to RTI dated 13.3.13 Received on 22.4.2013

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Office of the CGDA, Ulan Batar Road, Palam, Delhi Cantt- 10

No. CPIO/AT/HQ/2013/1/1063 Dated: 15/04/2013

Shri S Y Savur

141, Jal Vayu Towers,

Beniganahalli,

Indira Nagar (PO),

Bangalore – 560038

Subject: Seeking Information under RTI Act, 2005

Reference: Your application dated 13^th March 2013

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Please refer to your application dated 13/03/2013 quoted under reference. The information requested in your ibid application has been ascertained from the concerned section being custodian of the requested information. It has been intimated that the requested information is scattered in different files and widespread in large volumes. Therefore, it is difficult to identify/locate the particular documents which you want to have. As such, it is advised that you may visit this office with prior appointments and inspect the desired file and have copies of the documents subject to the applicable fee prescribed under RTI (Regulation of Fee and Cost) Rules, 2005. Incidentally, it may also be mentioned that under the provisions of the RTI Act only such information can be supplied which already exists in material form. In this regard DOP&T letter No. 1/18/2011-IR dated 16^th September, 2011 refers. However, the reply/information received in this regard vide UO No. AT/I/1483-Army/X (PC) IV dated 15/04/2013 is forwarded herewith as desired.

Encls: (Eight pages) Sd/-----------------------

(S. Murali Krishnan)

Sr ACGDA/CPIO

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Office of the CGDA, Ulan Batar Road, Palam, Delhi Cantt – 110010

Audit-I Section

Subject: Seeking Information under RTI Act, 2005: Shri S Y Savur

Reference: RTI Cell (AT) UO Note bearing No. CGDA/CPIO/AT/2012/HQ/III/1063 dated 25/03/2013.

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With reference to the application dated 13^th March, 2013, in r/o Shri S Y Savur received vide RTI Cell U quoted above, this Section is of the view that the applicant is demanding an explanation from this office on certain points/assumptions which the applicant has. There is no provision in the RTI Act to provide explanation to the information seeker. However, para-wise available information/reply is furnished as under: -

My Request	Audit I Section
(a) Please provide information on the basis of which CGDA’s advice to GoI/MoD to determined payment only to those in the ranks of Captain to Brigadiers and equivalents with “as on 1.1.1986” as the cut-off date whereas the Hon’ble Supreme Court’s order dated 8.3.2010 stated “with retrospective effect from 1.1.1986.” CPIO may wish to note that the phrase “as on 1.1.1986” has been inserted in the GoI/MoD letter dated 27.12.2012 i.e. more than 2 years after preparations of CGDA UO No. AT/I/1483-Army/X dated 6.4.2010	It is mentioned that the information sought is scattered in different files and widespread in large volumes. Exactly the photocopies of which documents are required cannot be assessed by this office on behalf of you. Accordingly the cost of the photocopies cannot be assessed as desired in para 5 of the application. Therefore, if you are interested, you may visit this HQrs office with prior appointment to inspect relevant files and demand specific information on payment of requisite charges as prescribed in the relevant Rules
(b) Please provide information on the Competent Authority with a copy (i) of the authorisation the directions based on which CGDA modified the orders the date of effect directed in the Hon’ble Supreme Court were changed, and/or (ii) Under what authority the CGDA re-interpreted the said order of the Hon’ble Supreme Court.	Hon’ble Supreme Court order dated 04/09/2012 has been implemented by the competent authority i.e. by MoD vide letter No. 34 (6)2012 – D (Pay/Services) dated 27^th December, 2013, (copy enclosed) with concurrence of MoD (Fin) and MoF.
(c) Please provide information on basis/Instructions on which CGDA confined its calculations of payments to those holding the ranks of Captain to Brigadier as on 1.1.1986 and not to others who may have attained those ranks on or after 2.1.1986?	The Supreme Court order dated 04/09/2012 in IA No. 9 of 2010 in TP (C) 56 of 2007 has been implemented by MoD letter dated 27^th December 2012 mentioned above. Payments are being made under the authority of ibid orders.
(d) Please provide information on how the CGDA fulfilled its charter (quoted at para 2 above) and informed MoD/Def(Fin)/MoF that a Captain as on 1.1.1986 will draw Basic Pay of Rs 3000 + Rs 200 as Rank Pay but an officer of the same batch promoted on 2.1.1986 to Captain will be placed at Basic Pay of Rs 2800 + Rs 200 as Rank Pay.	Applicant is asking comments on fulfilment of charter of duties by this HQrs office, no comments are offered.
(e) Please provide information on whether an Under Secretary as on 1.1.1986 will be placed at a higher Basic Pay than one who is promoted to Under Secretary on 2.1.1986 would be paid a lesser Basic Pay. Relevant sections of the GoI Rules may please be quoted.	The post of Under Secretary is not held in the hierarchy of this department, hence no comments can be offered.
(f) Please provide information whether and how CGDA has advised the MoD or Secretary (Def/Fin) or MoF of the above and that it would create anomalies by the use of the “as on 1.1.1986” criteria?	CGDA has not advised MoD or Secretary (Defence/Finance). As and when sought by MoD, comments were rendered. Information can be provided as per para 2 (a) above.
(e) Please provide information if the CGDA is aware of the order of the Hon’ble Supreme Court dated January 17, 2013 in several Civil Appeals tagged with Civil Appeal Nos. 8848-8849 of 2012. The Hon’ble Court’s orders vide para 34 of is reproduced below for ready reference: - “34. The instant appeals are accordingly allowed. The impugned order dated 17.12.2007 passed by the High Court is hereby set aside. The impugned Government Order dated 9.8.1989, to the extent that it extends to employees who retire on or after 1.6.1988, a lower component of ‘dearness pay’, as against those who had retired prior to 1.6.1988, is set aside, being violative of Articles 14 and 16 of the Constitution of India.	The court order relating to Defence services are implemented by MoD in consultation with CGSC/Min of Law etc. This HQrs Office has taken action on the sanction issued by MoD in this regard.
(f) Please provide information if CGDA has examined the above Order of the Hon’ble Supreme Court, in the light of its discriminatory stand in the GoI/MoD letter dated 27.12.2012 is also violative of Articles 14 and 16 of the Constitution of India, and its likely effect on the Rank Pay issue.	The court order relating to Defence services are implemented by MoD in consultation with CGSC/Min of Law etc. This HQrs Office has taken action on the sanction issued by MoD in this regard.
(g) Please provide details of CGDA’s advice to the MoD and Defence/Finance on the applicability or otherwise in the Rank Pay matter.	Same as para 2 (f) above
(h) If CGDA has not advised MoD, Def (Fin) or MoF please provide information on what basis that order of the Supreme Court does not apply to the Rank Pay issue.	Same as para 2 (f) above
(j) Please provide information whether CGDA’s advised the MoD that any changes to the integrated pay scale of Rs 2300-5100 are necessary and that in the absence of changes, it will result in certain officers of the ranks of Colonels and Brigadiers being rendered financially deprived of the Rank pay.	Same as para 2 (f) above
(k) Please provide information if CGDA has not offered this advice, why it was not considered necessary to amend the integrated pay scales in the light of the Supreme Court upholding that deduction of Rank Pay was erroneous.	Same as para 2 (f) above
(l) Please provide information if CGDA was aware/unaware that Cabinet Committee vide GoI Resolution 9E dated 18. 3.1987 approving the Report of the Fourth Central Pay Commission.	Yes
(m) Please provide information if CGDA was aware/unaware that Resolution 9 E of the Cabinet Committee did not approve of a different methodology for pay re-fixation for the Armed Forces officers i.e. arriving at revised Basic Pay and then deducting Rank Pay and adding Rank Pay to the reduced Basic Pay, as was done vide impugned para 6 (a) (ii) of the SAI 1/S/1987?	O/o CGDA is aware of MoD Resolution No. 9-E dated 18^th March 1987 and SAI 1/S/87 being implementing authority.
(n) Please provide information so what advice CGDA provided to MoD or Defence/Finance in the periodic/annual audit of payments to affected officers in light of para 6 (a) (ii) being introduced without specific approval of the Cabinet Committee that approved the report of the 4^th CPC?	The SAI 1/S/87 has been issued by the competent authority and O/o the CGDA is implementing authority.
(o) Please provide information on any audit objections/observations raised pointing out the mis-interpretation of the Cabinet Committee’s decision to pay Armed Forces officers a separate element of Rank Pay over and above the re-fixed pay without deducting Rank Pay?	The SAI 1/S/87 was issued by the competent authority. Therefore the question of any audit observations/objections thereon from this office does not arise being the implementing authority.
(p) If not, please provide information on why para 6 (a) (ii) was included as such a decision would over-rule the approval of the Cabinet to the Report of the 4^th CPC.	Under the provisions of the RTI Act, 2005, PIO is not obliged to furnish reply to the question like “why.” However, it is stated that the SAI 1/S/87 was issued by MoD.
(q) Please provide information whether CGDA provided advice to 5^th Pay Commission or any Public Authority to effect a deduction of Rank Pay as was done in Para 148.2 by quoting the impugned precedent in the 4^th CPC. If so, please provide information on the basis for such information. If no advice was provided, information of such a fact may be provided.	As already mentioned by the applicant, this item was a part of recommendations of the fifth CPC itself. Therefore, the question of any advice from this office does not arise. It is reiterated that this HQrs office is the implementing authority and not rule/policy making authority.
(r) Please provide information what CGDA advised MoD, Def/Fin, MoF, consequent to the Hon’ble Supreme Court’s dismissal of the SLP (CC) 5908 of 2005 in the Maj A.K. Dhanapalan case.	No information is available on records
(s) Please provide information on the advice rendered by CGDA that since no revision of pay scales in the 4^th or 5^th or 6^th CPC has been considered necessary, as evidenced from the calculation sheets attached with the ibid UO (Annexure sheets B2, B3, B4) and no changes in SAI/SNI/SAFI of 1/S/1987, 2/S/1997 or 2/S/2008, how CGDA provided advice to the HPC that pay, allowances, pensions etc would have to be revised on 1.1.1996 and 1.1.2006 (as stated in the “Difficulties anticipated in implementation of Hon’ble SC Judgment” part of the information provided by ibid UO dated 06.04-2010) and would involve a gargantuan effort as deliberated over by the HPC and included in the Additional Affidavit in IA No.9 of 2010 in TP (C) 56 of 2007.	Information could be provided as per para 2 (a) above
(t) Please provide information on CGDA not informing MoD that there could be a serious error in ignoring that sworn statement on oath by US (Pay/Services) MoD on behalf of UoI and Others, especially in para 30, and by confining changes only to “as on 1.1.1986” in its advice for formulation of the GoI/MoD letter dated 27.12.2012.	O/o the CGDA is not party to the stated document. However, information in this regard can be provided as per para 2 (a) above.
(u) Please provide information on CGDA’s advice to MoD that Special Army/Navy/Air Force Instructions 2/S/1996 and 2/S/2006 need not be changed.	Information can be provided as per para 2 (a) above.

Sd/--------------------

ACGDA (AT-I)

RTI Cell (AT) Local

UO No. AT/I/1483-Army/X/PC/IV dated 15/04/2013

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Note: a reply dated 25th April 2013 has been sent to CPIO. O/o CGDA

Friday, 19 April 2013

Truth For Free - VI - Affidavit for Extension of Time to Comply

Filed by P.K. Biswal (Adv) 9891110925

Application for extension of time -------- Rs 12 (court fees)

Mr. Mahabir Singh, Sr, Adv

Gp. Capt. Karan Singh Bhati, Adv

Dr. Kailash Chand, Adv

Sd/Puran(?) 27/11/12

Recd copy Sd/ xxxx 271/11/12

Stamp of Supreme Court of India – illegible in part

Sd/-------------

B. V. Balaram Das

(20)

27.11.12

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IN THE SUPREME COURT

CIVIL ORIGINAL JURISDICTION

I.A. NO 9 OF 2010

IN TRANSFER PETITION (C) NO. 56 OF 2007

UNION OF INDIA AND OTHERS … PETITIONER(s)

Versus

N. K. NAIR AND OTHERS …. RESPONDENT(s)

I.A. NO #[1] 0F 2012

APPLICATION FOR EXTENSION OF TIME

PAPER BOOK

(For Index Kindly see inside)

ADVOCATE FOR THE APPLICANT: MR. B. V. BALARAM DAS

INDEX

SR NO. PARTICULARS PAGE NO

1. Application for extension of time 1-7

to comply order dated 04.09.2012 with affidavit

2. ANNEXURE A-1

True copy of the order dated 04.09.2012 8-11

Passed by this Hon’ble Court in I.A. No. 9 of 2010

In Transfer Petition (C) No. 56/2007

3. ANNEXURE A-2

Copy of order issued vide letter no. 34(6).2012 12-13

D (Pay/Services) dated 26.11.2012

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IN THE SUPREME COURT

CIVIL ORIGINAL JURISDICTION

I.A. NO 9 OF 2010

IN TRANSFER PETITION (C) NO. 56 OF 2007

UNION OF INDIA AND OTHERS … PETITIONER(s)

Versus

N. K. NAIR AND OTHERS …. RESPONDENT(s)

APPLICATION FOR EXTENSION OF TIME TO COMPLY

THE ORDER DATED 04.09.2012 OF THIS HON’BLE

COURT IN I. A. NO. 09 OF 2010 IN T.P. (C) NO. 56/2007

To,

The Hon’ble Chief Justice of India

And His companion Judges of

the Supreme Court of India

The humble application of

the applicant above – named

MOST RESPECTFULLY SHOWETH:

1. That this Hon’ble Court vide order dated 04.09.2012 has disposed off a batch of transfer petitions including writ petitions with regard to the rank pay. This Hon’ble Court has held that their order dated 08.03.2010 does not require any modification or variation save and except interest part. The Court took note of the facts that Kerala High Court as well as this Hon’ble Court in its dismissal of department SLP in Major A. K. Dhanapalan case did not order for payment of interest , the interest in the present case shall be paid by the department to the respondent officers @ 6% from 01.01.2006 instead of 01.01/1986 within twelve weeks from the date of order. It is further clarified that this order shall govern all similarly situated officers who have (not) approached the court and also those who have filed writ petitions which are pending in various High Courts and Armed Forces Tribunals. The four directions of this Hon’ble Court are hereunder:

(i) Order dated 08.03.2010 of the Supreme Court which upheld the legality of the judgment of the Kerala High Court for refixation of pay without deducting of rank pay does not require any modification save and except interest part.

(ii) Interest shall be paid by the petitioners to the respondents @ 6% (interest) per annum from 01.01.2006 instead of 01.01.1986.

(iii) This order shall govern all similarly placed officers who have not approached the court and also those who have filed writ petitions which are pending before the various High Courts/Armed Forces Tribunals.

(iv) Arrears of pay with interest as directed above shall be paid to the concerned officers expeditiously and positively within twelve weeks from the date of order.

A copy of the said order of this Hon’ble Court dated 04.09.2012 is annexed herewith and marked ANNEXURE A-1 (Page No. 8 to 11).

2. That after receiving the order the applicant/department moved the file before the Ministry of Finance, Department of Expenditure for implementation of the order date 04.09.2102 passed by this Hon’ble Court at the earliest. The Finance Ministry “in principle” agreed to implement the order.

3. That in compliance of this Hon’ble Court’s order the Ministry of Defence in consultation with Ministry of Law & Justice and Ministry of Finance has decided to implement the order dated 04.09.2012 passed by this Hon’ble Court and for which necessary orders have been issued vide letter No. 34 (6)/2012 – D (Pay/Services) dated 26.11.2012. A copy of the said order is annexed herewith and marked as ANNEXURE A-2 (Pages 12-13). That vide these orders Government has agreed to implement part (i), (ii) and (iii) of the order dated 04.09.2012 passed bt this Hon’ble Court. However, Ministry of defence is not able to implement till date part (iv) of the order i.e. payment of the dues within 12 weeks from the date of the order because of the following reasons: -

(i) Implementing the judgment involves three successive Pay Commissions and most of the data prior to the period is not available in computer and has to be compiled manually.

(ii) In case of pre-1986 retired personnel, in addition to arrears, LPC, Leave encashment, gratuity and corrigendum to PPO is required to be worked out which will take time.

(iii) The exact financial implication of the judgment will be known only after each and every data is available. However, based on available data inputs, request for budgetary provision is being made to the Ministry of Finance to arrange the funds of this extraordinary magnitude.

4. That Ministry of Defence is committed to the implementation of the order. However, because of the constraints referred above, the implementation may take another twelve weeks. Therefore, this application is made bonafide in the interest of justice to grant further twelve weeks to implement the order dated 04.09.2012 passed by this Hon’ble Court.

PRAYER

In view of the facts and circumstances of the case above mentioned, it is most respectfully prayed that this Hon’ble Court may graciously be pleased to:

a) extend by twelve weeks further time to comply the order dated 04.09.2012 passed by this Hon’ble Court in I. A. No. 09 of 2010 in Transfer Petition (C) 56 of 2007 etc.

b) pass such other orders and further order/directions as is deemed just and proper in the facts and circumstances of the present case.

AND FOR THIS ACT OF KINDNESS THE APPLICANTS AS IN DUTY BOUND SHALL EVER PRAY.

Drawn by: Filed by:

(FARRUKH RASHEED) (MR. B. V. BALARAM DAS)

(Advocate) (Advocate for the Applicant)

Drawn on: 27.11.2012

Filed on: 27.11.2012

IN THE SUPREME COURT

CIVIL ORIGINAL JURISDICTION

I.A. NO 9 OF 2010

IN TRANSFER PETITION (C) NO. 56 OF 2007

IN THE MATTER OF:

UNION OF INDIA AND OTHERS … PETITIONER(s)

Versus

N. K. NAIR AND OTHERS …. RESPONDENT(s)

AFFIDAVIT

I, Praveen Kumar, aged about 46 years, Director, Ministry of Defence, Sena Bhavan, Ministry of Defence, New Delhi – 110011 do hereby solemnly affirm and declare as under:

1. That I am Director of Ministry of Defence , Sena Bhavan, Ministry of Defence, as well conversant with the facts and circumstances of the present case thereby competent bto swear this affidavit,

2. That the accompanying application for extension of time from para 1 to 4 have been drafted under my instruction based on the official record maintained in the Ministry. Legal submission made therein are believed to be true on the basis of legal advise obtained.

3. That annexure annexed to the applications are true typed of their respective originals.

Sd/------------------------DEPONENT

VERIFICATION:

That I the deponent do hereby verify that the contents of my above affidavit from para 1 to 3 are true and correct to the best of my knowledge and belief, nothing material have been concealed therefrom.

Verified at New Delhi this………..day of November 2012.

DEPONENT

(Author's note: Annexures have not been included as they are in the public domain)

[1] Assigned IA No. 11 of 2013

Wednesday, 17 April 2013

Truth For Free - Part V - Additional Affidavit filed by UoI 0n 21.4.2011

“There are those …who feel that they have a licence to operate freely outside the dictates of the law and do as they see fit. Public officials at every level must respect the Constitution and laws of the land.”

- Federal Judge Parker sentencing Richard Helms of the CIA

(page 61 of the book “Body of Secrets” by James Bamford.

(Random House publishers)

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Additional Affidavit filed by UoI 0n 21.4.2011

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IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

I.A. No. 9 OF 2010

TRANSFER PETITION (CIVIL) No. 56 OF 2007

IN THE MATTER OF:

UNION OF INDIA & ORS APPLICANTS/PETITIONERS

VERSUS

N.K. NAIR & ORS RESPONDENT

ADDITIONAL AFFIDAVIT OF BEHALF OF UNION OF INDIA

I, Paramjit Singh Walia, aged about 50 years, working as Under Secretary in the Ministry of Defence, Government of India, New Delhi, do hereby solemnly affirm and declare on oath as under:

1. That I am working as an Under Secretary in the Ministry of Defence, Government of India, and am acquainted with the facts of the present case and hence, competent to swear the present affidavit.

2. That the contents of the present affidavit are based on official records maintained by the department and knowledge derived there from.

3. That during the course of hearing in the present matter on 24^th February, 2011 the Hon’ble Supreme Court enquired about the manner of fixation of pay in respect of civilian employees by the Fourth Central Pay Commission, Fifth Central Pay Commission, and the Sixth Central Pay Commission and whether fixation of pay was done in respect of the members of the armed forces in accordance with the illustration contained in Para 28.113 of the Fourth Central Pay Commission.

4. I state that the detailed facts and circumstances that led to the filing of the present interlocutory application have been set out in detail in the said application and the same are not being repeated here for the sake of brevity.

5. At the outset, it is stated that under the Fourth Central Pay Commission fixation of pay in the proposed scales of pay in case of all central government employees was fixed in terms of recommendations made under Para 30.2 (i) of the Fourth Central Pay Commission Pay Report.

Para 30.2 (i) of the Fourth Central Pay Commission Report quoted hereunder for ready reference:

(i) For all employees, an amount representing 20 per cent of basic pay in the existing scale subject to a minimum of Rs 50/- may be added to the “existing emoluments.” Pay may thereafter be fixed in the proposed scale at the stage next above the emoluments thus computed. If the minimum of the proposed scale is more than the amount so arrived at, pay may be fixed at the minimum of the proposed scale. For this purpose the term “existing emoluments” will include the following: -

(a) basic pay in the existing scale,

(b) dearness pay, additional dearness allowance, and ad hoc dearness allowance appropriate to the basic pay admissible at index average 608 (1960 = 100), and

6. I state that it was recommended by the Fourth Central Pay Commission that the method for fixation of pay in proposed scales for civilian employees, the same method may be adopted for fixation of pay of armed forces personnel also. However, since rank pay was being paid for the first time to officers from the rank of captain up to the rank of Brigadier and equivalent, its fitment into pay was to be done in accordance with the illustrated recommendations in Para 28.113 of the report.

7. I state that the pay fixation of all central government employees including armed force(s) personnel excluding personnel from the rank of captain up to the rank of Brigadier and equivalent has been done in accordance with Para 30.2 (i) above and in case of personnel from the rank of captain upto the rank of Brigadier in accordance with Para 28.113. A comparative chart showing fixation of pay in respect of civilian employees and in respect of members of armed forces entitled to Rank pay is being annexed herewith and marked as Annexure –I.

8. I further state that special army instructions 1/S/1987 dated 26.5.1987/23.6.1987 carrying out the aforesaid illustrations contained in Para 28.113 of the report were issued.

Relevant portion of the special army instructions are quoted below for ready reference:

“6. Fixation of initial pay in the revised scales will be regulated as follows:

(i) An amount representing 20 percent of the basic pay in the existing scale shall be added to the “existing emoluments” of the officer.

(ii) After the existing emoluments have been so increased, an amount equivalent to the rank pay, if any, appropriate to the rank held by the officer on 01 January, 1986 at the rates prescribed in Para 3 (a) (ii) above, will be deducted. Thereafter, the officer’s pay will be fixed in the revised scale at the stage next above the amount thus computed.”

9. I state that the Fifth Central Pay Commission also continued with the similar recommendations as made by the earlier commission except that the amount of rank pay in case of officers from the rank of captain upto the rank of brigadier and the percentage of 20% of basic pay in existing pay in case of civilian employees including armed force personnel was doubled.

10. I state that the Sixth central Pay Commission abolished the concept of Rank pay and a uniform pay structure was devised for the civilian employees as well as the members of the armed forces. I further state in case of all central government employees including members of the armed forces pay in the pay band/pay scale will be determined by multiplying the existing basic pay as on 1-1-2006 by a factor of 1.86 and rounding off the resultant figure to the next multiple of 10.

11. I further state that in addition to the above, the members of armed forces starting from PBORs (personnel below officers rank) upto the rank of brigadier/equivalent were also paid an additional component of Military Service Pay which was fixed at Rs . 6000 for officers starting from the rank of lieutenant upto the rank of brigadier and Rs. 2000 fixed for PBOR.

12. I state and submit that a perusal of the above would clearly show that the method of pay fixation for civilian employees and armed forces personnel is uniformly similar.

13. It is therefore respectfully submitted that the Government has acted strictly in accordance with the recommendations of the Fourth, Fifth, and Sixth Central Pay Commissions which are duly accepted by the government and no dilution whatsoever has been made.

14. I state that the facts as stated in the present affidavit are true and correct to the best of my knowledge based on record and nothing material has been concealed therefrom.

DEPONENT

VERIFICATION:-

I, the above named deponent do hereby solemnly affirm and verify that the contents of the present affidavit are true and correct within my information gathered by me from the records nothing material has been concealed therefrom.

Verified on this 24^th day of April 2011 at New Delhi

DEPONENT

Annexure I

(endorsed by hand)

Government’s acceptance of IV CPC recommendation on introduction of integrated pay scale in the Services

Extracts from MoD Resolution No. 1 (E) dated 18.3.1987

“The decision of the Government of India on recommendations of the Fourth Pay Commission relating to personnel below Officer rank of the Armed Forces were notified in the Ministry of Defence Resolution No. 1-E dated 4^th October, 1986. Government have now given careful consideration to the recommendations of the Commission relating to structure of emoluments and allowances of Commissioned Officers and have decided that recommendations of the Commission in respect of these shall be accepted broadly, subject to the modifications mentioned below: -

Pay Scales:

Integrated pay scale for officers upto the rank of Brigadier (including AMC, DC, and RVC officers, but excluding Military Nursing Service Officers) and equivalents in the Navy and the Air Force would be Rs. 2300-100-3900-150-4200-EB-150-5100. In addition to the pay in the integrated scale, rank pays will be admissible as under: -

Rank Amount of Rank Pay

(Rs. Per month)

Captain and equivalent 200

Major and equivalent 600

Lt Col (Selection) and equivalent 800

Colonel and equivalent 1000

Brigadier and equivalent 1200

Comparative IV CPC formulations for pay fixation in civilian ad Services scales

Services Scales

Civilian Scales

Extracts from Special Army Instructions No. 1/S/1987 dated 23.6.1987

Extracts from MoF Notification No. F.15(1)-IC/86 dated 13.09.1986

“6. Fixation of initial pay in the revised scales will be regulated as follows: -

(a) (i) An amount representing 20 per cent of the basic pay in the existing scale shall be added to the ‘existing emoluments’ of the officer.

(ii) After the existing emoluments have been so increased, an amount equivalent to rank pay, if any, appropriate to the rank held by the officers on 01 January 1986 at the rates prescribed in Para 3 (a) (ii) above, will be deducted. Thereafter, the officer’s pay will be fixed in the revised scale at the stage next above the amount thus computed. In case the stage of fixation falls below the minimum pay for the rank held by the officer on 01 January 1986 as prescribed in the tables below, the pay will be stepped up to such minimum provided the officer the officer has completed the length of reckonable commissioned service indicated in the same table.

Rank	Minimum pay in the integrated scale	Completed years of service
(aa) Officers of all Arms and Services (except AMC, ADC, RVC, and MNS)
Capt	2500	2
Capt	2800	5
Major	3400	11
Lt Col (Selection)	3900	16
Colonel	4500	20
Brigadier	4950	23

“7. Fixations of initial pay in the revised scale:

(i) The initial pay of the Government servant who elects, or is so deemed to have elected under sub-rule (3) of rule 6 to be governed by the revised scale on and from the 1^st day of January 1986, shall, unless in any case the President by special order otherwise directs, be fixed separately in respect of his substantive pay in the permanent post on which he hold a lien or would have held a lien if it had not been suspended, and in respect of his pay in this officiating post held by him, in the following manner, namely: -

(A) In the case of all employees -

(i) an amount representing 20 per cent of the basic pay in the existing scale, subject to a minimum of Rs 75, shall be added to the “existing emoluments” of the employees;

(ii) after the existing emoluments have been so increased, the pay shall thereafter be fixed in the revised scale at the stage next above the amount thus computed.

Provided that:

(a) if the minimum of the revised scale is more than the amount so arrived at, the pay shall be fixed at the minimum of the revised scale;

(b) if the amount so arrived at is more than the maximum of the revised scale, the pay shall be fixed at the minimum of the revised scale;

Pay fixation in Integrated pay scale of Services (Rs 2300-100-3900-150-4200-EB-150-5100) and corresponding Civilian pay scales

Services Pay fixation in the rank of Captain (Rs 1100-50-1550)	Civilian pay fixation in the pay scale Rs 1100-1600
1. Existing basic pay Rs 1300 2. DA/ADA on basic pay at Rs 1650 Average index 608 and Interim relief 3. Existing emoluments Rs 2950 4. Add 20% of basic pay Rs 260 Total Rs 3210 5. Deduct Rank Pay (Rs 200) Rs 3010 6. Pay to be fixed in the Rs 3100 + Integrated scale Rank Pay Rs 200 Total emoluments for The purpose of pension Etc Rs 3300	1. Existing scale of pay Rs 1100-50-1600 2. Revised scale of pay Rs 3000-100-3500-125-4500 3. Existing basic pay Rs 1300 4. DP/ADA/Ad-hoc DA Rs 1650 At index average 608 and Interim Relief 5. Existing emoluments Rs 2950 6. Add 20% of basic pay Rs 260 Total Rs 3210 Pay to be fixed in revised scale Rs 3300
Services Pay fixation in the rank of Major (Rs 1450-50-1800) 1. Existing basic pay Rs 1600 2. DA/ADA on basic pay at Rs 1740 Average index 608 and Interim relief 3. Existing emoluments Rs 3340 4. Add 20% of basic pay Rs 320 Total Rs 3660 5. Deduct Rank Pay (Rs 600) Rs 3060 6. Pay to be fixed in the Rs 3400 + Integrated scale Rank Pay Rs 600 Total emoluments for The purpose of pension Etc Rs 4000	Civilian pay fixation in the pay scale Rs 1500-2000 1. Existing scale of pay Rs 1500-50-2000 2. Revised scale of pay Rs 3700-125-4700-150-5000 3. Existing basic pay Rs 1600 4. DP/ADA/Ad-hoc DA Rs 1740 At index average 608 and Interim Relief 5. Existing emoluments Rs 3340 6. Add 20% of basic pay Rs 320 Total Rs 3660 Pay to be fixed in revised scale Rs 3700
Services Pay fixation in the rank of Lt Col (Rs 1550-50-1950) 1. Existing basic pay Rs 1900 2. DA/ADA on basic pay at Rs 2037 Average index 608 and Interim relief 3. Existing emoluments Rs 3937 4. Add 20% of basic pay Rs 380 Total Rs 4317 5. Deduct Rank Pay (Rs 800) Rs 3517 6. Pay to be fixed in the Rs 3900 + Integrated scale Rank Pay Rs 800 Total emoluments for The purpose of pension Etc Rs 4700	Civilian pay fixation in the pay scale Rs 1500-2000 1. Existing scale of pay Rs 1500-60-1800-100-2000 2. Revised scale of pay Rs 3700-125-4700-150-5000 3. Existing basic pay Rs 1900 4. DP/ADA/Ad-hoc DA Rs 2037 At index average 608 and Interim Relief 5. Existing emoluments Rs 3937 6. Add 20% of basic pay Rs 380 Total Rs 4317 Pay to be fixed in revised scale Rs 4325
Services Pay fixation in the rank of Brig (Rs 2200-100-2400) 1. Existing basic pay Rs 2200 2. DA/ADA on basic pay at Rs 2346 Average index 608 and Interim relief 3. Existing emoluments Rs 4546 4. Add 20% of basic pay Rs 440 Total Rs 4986 5. Deduct Rank Pay (Rs 1200) Rs 3786 6. Pay to be fixed in the Rs 4950 + Integrated scale Rank Pay Rs 1200 Total emoluments for The purpose of pension Etc Rs 6150	Civilian pay fixation in the pay scale Rs 2000-2500 1. Existing scale of pay Rs 2000-2500 2. Revised scale of pay Rs 4500-100-5700 3. Existing basic pay Rs 2250 4. DP/ADA/Ad-hoc DA Rs 2417.50 At index average 608 and Interim Relief 5. Existing emoluments Rs 4667.50 6. Add 20% of basic pay Rs 450 Total Rs 5117.50 Pay to be fixed in revised scale Rs 5250

Government’s acceptance of V CPC recommendation regarding pay scales of Armed Forces

Extracts from SAI 2/S/98 dated 19.12.1997 of Ministry of Defence

Revised Pay Scale

3 (a) Officers upto the rank of Brigadier of all arms and services (including AMC, ADC, RVC, and TA officers (when embodied), Special List (SL) and Regimental Commissioned Officers (RCOs), Army Postal Service (APS) but excluding MNS officers.

(i) Revised pay scales: -

Lt Rs 8250-300-10050

Capt Rs 9600-300-11400

Major Rs 11600-325-14850

Lt Col Rs 13500-400-17100

Col Rs 15100-450-17350

Brig Rs 16700-450-18050

Note 1: The Pay of officers commissioned in AMC, ADC and RVC as Lieutenants shall start at stage of Rs 9150 and the pay of those appointed as Captain shall start at Rs 9450. However on completion of one year, the Capts will be entitled to a pay of Rs 9600.

Note 2: The rank of 2^nd Lt stands abolished w.e.f.1.1.96. The pay of the existing 2^nd Lt shall be fixed as Lt in the revised scale.

(ii)Rank Pay: In addition to Pay in the above mentioned pay scale, the following Rank Pay shall be admissible depending on the rank held:

Rank Rank Pay (Rs pm)

Captain 400

Major 1200

Lt Col 1600

Colonel 2000

Brigadier 2400

Comparative V CPC formulations for pay fixation in Services and Civilian scales

Services scales

Extracts from SAI 2/S/98

Civilian Scales

Extracts from MoF Notification No. 50 (I)/IC/97 dated 30.9.1997

FIXATION OF INITIAL PAY IN THE REVISED SCALES

5. Fixation in the initial pay in the revised scale will be regulated as under: -

(a) (i) An amount representing 40% of the basic pay, including stagnation increments, if any, and rank pay wherever applicable in the pre-revised scale, shall be added to the “emoluments” of the officers.

(iii) After existing emoluments have been so increased, an amount equivalent to the rank pay, if any, appropriate to the rank held by the officer on 1.1.196 at the rates prescribed in Para 3 (a) (ii) above shall be deducted. Thereafter the officer’s pay will be fixed in the revised scale at the stage next above the amount thus computed.

(b) If the amount so computed as at sub-para (a) (ii) above is more than the maximum of the revised scale, the pay will be fixed at the maximum of the revised scale.

(c) If the minimum of the revised scale is more than the amount so computed as at sub-para (a) (ii) above, the pay will be fixed at minimum of the scale.

Illustration – 1 (Pay of Captain)

1. Existing scale of Pay – Integrated pay scale Rs 2300-100-3900-150-4200-EB-5100

2. Proposed scale of pay Rs 9600-300-11400

3. Existing basic pay Rs 3100

4. Existing rank pay Rs 200

5. DA as on 1.1.96 Rs 4884

6. IR (I & II) Rs 430

7. 40% of basic pay + Rank Pay Rs 1320

Total Rs 9935

Less New Rank Pay - Rs 400

New Total Rs 9534

Pay fixed in the proposed scale Rs 9900

Rank Pay Rs 400

Total Rs 10,300

Illustration – 2 (Pay of Major)

2. Existing scale of Pay – Integrated pay scale Rs 2300-100-3900-150-4200-EB-5100

2. Proposed scale of pay Rs 11600-325-14850

3. Existing basic pay Rs 3400

4. Existing rank pay Rs 600

5. DA as on 1.1.96 Rs 5180

6. IR (I & II) Rs 500

7. 40% of basic pay + Rank Pay Rs 1600

Total Rs 11280

Less New Rank Pay - Rs 1200

New Total Rs 10800

Pay fixed in the proposed scale Rs 11600

Rank Pay Rs 1200

Total Rs 12,800

(w.ef. 29.2.2000, Substantive Majors were fixed at Rs 11925, if drawing less than this amount)

Illustration – 3 (Pay of Lt Col)

3. Existing scale of Pay – Integrated pay scale Rs 2300-100-3900-150-4200-EB-5100

2. Proposed scale of pay Rs 13500-400-17100

3. Existing basic pay Rs 3900

4. Existing rank pay Rs 800

5. DA as on 1.1.96 Rs 5217

6. IR (I & II) Rs 570

7. 40% of basic pay + Rank Pay Rs 1880

Total Rs 12367

Less New Rank Pay - Rs 1600

New Total Rs 10767

Pay fixed in the proposed scale Rs 13500

Rank Pay Rs 1600

Total Rs 15100

Illustration – 4 (Pay of Brigadier)

4. Existing scale of Pay – Integrated pay scale Rs 2300-100-3900-150-4200-EB-5100

2. Proposed scale of pay Rs 16700-450-18050

3. Existing basic pay Rs 4950

4. Existing rank pay Rs 1200

5. DA as on 1.1.96 Rs 6660

6. IR (I & II) Rs 715

7. 40% of basic pay + Rank Pay Rs 2460

Total Rs 15985

Less New Rank Pay - Rs 2400

New Total Rs 13585

Pay fixed in the proposed scale Rs 16700

Rank Pay Rs 2400

Total Rs 19100

“7. Fixation of initial pay in the revised scale:

(i) The initial pay of a Government servant who elects, or is deemed to have elected under sub-rule (3) of rule 6 to be governed by the revised scale on and from the 1^st day of January 1996, shall unless in any case the President by special order otherwise directs, be fixed separately in respect of his substantive pay in the permanent post on which he holds a lien or would have held a lien if it had not been suspended, and in respect of his pay in the officiating post held by him, in the following manner, namely: -

(A) In the case of all employees, -

(i) an amount representing 40 per cent of the basic pay, in the existing scale shall be added to the ‘existing emoluments’ of the employee;

(ii) after the existing emoluments have been so increased, the pay shall thereafter be fixed in the revised scale at the stage next above the amount thus computed.

Provided that -

(a) If the minimum of the revised scale is more than the amount so arrived at, the pay shall be fixed at the minimum of the revised scale,

(b) If the amount so arrived at is more than the maximum of the revised scale, the pay shall be fixed at the maximum of that scale.

Illustration -1

1. Existing scale of pay Rs 2200-75-2800-100-4000

Proposed Scale of pay Rs 8000-275-13500

3. Existing basic pay Rs 3100

4. DA as on 1.1.96 Rs 4588

5. 1^st instalment of IR Rs 100

6. 2^nd instalment of IA @ 10% Rs 310

Total Rs 8098

Add 40% of basic pay Rs 1240

Total Rs 9338

9. Stage next above in the Rs 9375

10. Pay to be fixed in the Rs 9375

Illustration -2

1. Existing scale of pay Rs 3000-100-3500-125-4500

Proposed Scale of pay Rs 10000-325-15200

3. Existing basic pay Rs 3400

4. DA as on 1.1.96 Rs 5032

5. 1^st instalment of IR Rs 100

6. 2^nd instalment of IA @ 10% Rs 340

Total Rs 8872

Add 40% of basic pay Rs 1240

Total Rs 10232

9. Stage next above in the Rs 10325

10. Pay to be fixed in the Rs 10325

Illustration -3

1. Existing scale of pay Rs 3700-125-4700-150-5000

Proposed Scale of pay Rs 12000-375-16500

3. Existing basic pay Rs 3950

4. DA as on 1.1.96 Rs 5180

5. 1^st instalment of IR Rs 100

6. 2^nd instalment of IA @ 10% Rs 395

Total Rs 9625

Add 40% of basic pay Rs 1580

Total Rs 111205

9. Stage next above in the Rs 12000

10. Pay to be fixed in the Rs 12000

Illustration -4

1. Existing scale of pay Rs 5100-150-5700-200-6300

Proposed Scale of pay Rs 16400-450-20000

3. Existing basic pay Rs 5100

4. DA as on 1.1.96 Rs 5661

5. 1^st instalment of IR Rs 100

6. 2^nd instalment of IA @ 10% Rs 510

Total Rs 11371

Add 40% of basic pay Rs 2040

Total Rs 13411

9. Stage next above in the Rs 16400

10. Pay to be fixed in the Rs 16400

Government’s acceptance of VI CPC recommendations regarding pay scale of Defence Forces Officers

Extracts from SAI 2/S/08 dated 11.10.2008 of Ministry of Defence

Revised Pay Structure

(a) (i) For all officers except MNS

REVISED PAY SCALE
S. No	Rank	Existing		Pay Band/Scale	Corresponding
		Pay Scale	Rank Pay		Pay Bands/Scales	Grade Pay	MSP#
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)
1	Lt	8250-10050	-	PB-3	15600-39100	5400	6000
2	Capt	9600-11400	400	PB-3	15600-39100	6100	6000
3	Major	11600-14850	1200	PB-3	15600-39100	6600	6000
4	Lt Col*	13500-17100	1600	PB-3	15600-39100	7600	6000
5	Col	15100-17350	2000	PB-4	37400-67000	8700	6000
6	Brig	16700-18050	2400	PB-4	37400-67000	8900	6000

* Pay structure for Lt Col/equivalent was revised to Pay Band-4 (Rs 37400-67000) with Grade Pay of Rs 8000.

# MSP is payable w.e.f. 1.9.2008

Comparative VI CPC formulations for pay fixation in Services and civilian scales

Services Scales

Civilian Scales

Extracts from Special Army Instructions No. 2/S/08 dated 11.10.2008

7. Fixation of Initial Pay in the Revised Pay Structure

(a) The initial of an officer who elects, or is deemed to have elected under para 6 to be governed by the revised pay structure on and from the 1^st day of January, 2006, shall be fixed in the following manner: -

i) The pay in the relevant pay band/pay scale will be determined by multiplying the existing basic pay and rank pay as on 01 Jan 2006 by a factor of 1.86 and rounding off the resultant figure to the next multiple of 10.

ii) If the minimum of the revised pay band/pay scale is more than the amount arrived at as per (i) above, the pay shall be fixed at the minimum of the revised pay band/pay scale

Illustration -1

(For captain)

1. Existing pay scale Rs 9600-300-11400

2. Existing Basic Pay Rs 9000

as on 1.1.2006

3. Rank Pay Rs 400

4. Pay band applicable Rs 15600-39100

5. Pay after multiplication

By factor of 1.86 Rs 19158

Rounded off to Rs 19160

6. Pay in Pay Band PB-3 Rs 19160

7. Grade pay attached to scale Rs 6100

8. Revised Basic pay Rs 25260

9. Military Service Pay Rs 6000

10. Total emoluments for pay Rs 31,260

DA, pension etc

Illustration -2

(For Major)

1. Existing pay scale Rs 11600-325-14850

2. Existing Basic Pay Rs 11925

as on 1.1.2006

3. Rank Pay Rs 1200

4. Pay band applicable Rs 15600-39100

5. Pay after multiplication

By factor of 1.86 Rs 24413

Rounded off to Rs 24420

6. Pay in Pay Band PB-3 Rs 24420

7. Grade pay attached to scale Rs 6600

8. Revised Basic pay Rs 31020

9. Military Service Pay Rs 6000

10. Total emoluments for pay Rs 37,020

DA, pension etc

Illustration-3

For Lt Colonel

1. Existing pay scale Rs 13500-400-17100

2. Existing Basic Pay Rs 13500

as on 1.1.2006

3. Rank Pay Rs 1600

4. Pay band applicable Rs 37400-67000

5. Pay after multiplication

By factor of 1.86 Rs 38530

Rounded off to Rs 38530

6. Pay in Pay Band PB-4 Rs 38530

7. Grade pay attached to scale Rs 8000

8. Revised Basic pay Rs 46530

9. Military Service Pay Rs 6000

10. Total emoluments for pay Rs 52 530

DA, pension etc

Illustration-4

For Brigadier

1. Existing pay scale Rs 16700-450-18050

2. Existing Basic Pay Rs 16700

as on 1.1.2006

3. Rank Pay Rs 2400

4. Pay band applicable Rs 37400-67000

5. Pay after multiplication

By factor of 1.86 Rs 43390

Rounded off to Rs 43390

6. Pay in Pay Band PB-4 Rs 43390

7. Grade pay attached to scale Rs 8900

8. Revised Basic pay Rs 52290

9. Military Service Pay Rs 6000

10. Total emoluments for pay Rs 58290

DA, pension etc

Extracts from Ministry of Finance Notification F. No. 1/1/2008-IC dated 29.8.2008

7. Fixation of Initial Pay in the Revised Pay Structure

(i) The initial of an officer who elects, or is deemed to have elected under sub rule (3) of rule 6 to be governed by the revised pay structure on and from the 1^st day of January, 2006, shall unless in any case the President by special order otherwise so directs, be fixed separately in respect of his substantive pay in the permanent post on which he holds a lien or would have held a lien if it had not been suspended, and in respect of his pay in the officiating post held by him in the following manner, namely: -

(A) in the case of all employees: -

(i) The pay in the relevant pay band/pay scale will be determined by multiplying the existing basic pay and rank pay as on 01 Jan 2006 by a factor of 1.86 and rounding off the resultant figure to the next multiple of 10.

(ii) If the minimum of the revised pay band/pay scale is more than the amount arrived at as per (i) above, the pay shall be fixed at the minimum of the revised pay band/pay scale

Illustration-1

1. Existing pay scale Rs 8000-275-13500

2. Pay band applicable Rs 15600-39100

3. Existing Basic Pay Rs 9925

as on 1.1.2006

4. Pay after multiplication

By factor of 1.86 Rs 18461

Rounded off to Rs 18470

5. Pay in Pay Band PB-3 Rs 18470

6. Grade pay attached to scale Rs 5400

Revised Basic Pay Rs 23870

Illustration-2

1. Existing pay scale Rs 10000-325-15200

2. Pay band applicable Rs 15600-39100

3. Existing Basic Pay Rs 11950

as on 1.1.2006

4. Pay after multiplication

By factor of 1.86 Rs 22227

Rounded off to Rs 22230

5. Pay in Pay Band PB-3 Rs 22230

6. Grade pay attached to scale Rs 6600

Revised Basic Pay Rs 28830

Illustration-3

1. Existing pay scale Rs 12000-375-16500

2. Pay band applicable Rs 15600-39100

3. Existing Basic Pay Rs 13500

as on 1.1.2006

4. Pay after multiplication

By factor of 1.86 Rs 25110

Rounded off to Rs 25110

5. Pay in Pay Band PB-3 Rs 25110

6. Grade pay attached to scale Rs 7600

Revised Basic Pay Rs 32710

Illustration-4

1. Existing pay scale Rs 16400-450-20000

2. Pay band applicable Rs 37400-67000

3. Existing Basic Pay Rs 16850

as on 1.1.2006

4. Pay after multiplication

By factor of 1.86 Rs 31341

Rounded off to Rs 31350

5. Pay in Pay Band PB-4 Rs 37400

6. Pay including benefit of

Bunching Rs 40890

7. Grade pay attached to scale Rs 8900

Revised Basic Pay Rs 49790