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

To

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 13th 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 16th 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 13th 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 27th 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 27th 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 18th 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 4th 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 4th 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 5th 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 4th 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 4th or 5th or 6th 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

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