Reply dated 3.4.2013
to RTI - TRIPAS CGDA
Encl 20A
Most Immediate
Court Case
Ministry of
Defence
D(Pay/Services)
Subject: -
Implementation of Hon’ble Supreme Court order dated 4.9.2012 given in IA No. 9
of 2010 in Transfer Petition (C) No. 56/2007 – UoI & Ors v/s N.K. Nair
& Ors on Rank Pay case.
----
TRIPAS is
requested to intimate likely cash outgo as well as period during which this
outgo will take place to honour the Hon’ble Supreme Court judgment dated
4.9.2012 in rank pay case so that budget provision could be projected
accordingly.
Sd/----------------------
(Praveen
Kumar)
Director
(AG.I)
Tele:
2301 1593
DIRECTOR TRIPAS
MoD ID No. PC-34 (6)/2012 D (Pay/Services) dated 09th
November 2012
Encl 21A
Most Immediate
Court Case
Ministry of
Defence
D(Pay/Services)
Subject: -
Implementation of Hon’ble Supreme Court order dated 4.9.2012 given in IA No. 9
of 2010 in Transfer Petition (C) No. 56/2007 – UoI & Ors v/s N.K. Nair
& Ors on Rank Pay case.
----
Reference
CGDA letter No. AT.I/1483-Army/X(PC)/II dated 12.10.2012 on the above subject.
CGDA is requested to intimate likely cash outgo as well as period during which
this outgo will take place to honour the Hon’ble Supreme Court judgment dated
4.9.2012 in rank pay case so that budget provision could be projected
accordingly.
Sd/----------------------
(Praveen
Kumar)
Director
(AG.I)
Tele:
2301 1593
Office of CGDA (Shri Mohinder Singh, Joint CGDA (AT.I)
MoD ID No. PC-34 (6)/2012 D (Pay/Services) dated 09th
November 2012
Encl
22/A
Urgent/Court Case
Office of the CGDA, Ulan Batar Road, Palam, Delhi Cantt-10
Subject:
Implementation of Hon’ble Supreme Court Order dated 04/09/2012 on the matter of
Rank Pay.
Reference: MoD, D
(Pay/Services) ID No. 34 (6)/2012 – D (Pay/Services) dated 9th Nov
2012
*****
Following
is submitted with reference to MoD ID quoted above.
2.
Likely cash outgo has already been intimated
vide this office U Note of even No. dated 12/10/2012. Owing to the complexities
and constraints in calculating the financial implication that have already been
highlighted in Annexure ‘C’ to ibid UO, it is difficult to work out the exact
financial implication at this stage. No MoD letter/instructions too have been
received in this regard.
3.
The time
required to honour the Hon’ble Supreme Court judgment has also been commented
upon in Para 4 of the above UO. The period during which the outgo will take
place wil also be accordingly.
4.
It may be pertinent to mention that expenditure
which will be incurred would be a ‘charged expenditure.’
5.
Copy of this office UO Note of even No. dated
12/10/2012 is again enclosed for ready reference.
Jt CGDA (AT-I)
has seen.
Sd/----------------
(K.L.Mound)
ACGDA (AT-I)
Phone no. 011-25665581
Shri Praveen Kumar
Director (AG-I)
MoD, D (Pay/Services)
Sena Bhawan
New Delhi
---------------------------------------------
UO No. AT/I/1483-Army/X (PC)/III Dated 09/11/2012
Encl
22B
Urgent/Court
Case
Office of the CGDA, Ulan Batar Road, Palam, Delhi Cantt-10
Subject:
Implementation of Hon’ble Supreme Court Order dated 04/09/2012 on the matter of
Rank Pay.
Reference: MoD, D
(Pay/Services) ID No. 34 (6)/2012 – D (Pay/Services) dated 11/09/2012
*****
The subject matter was taken up
with the concerned Controllers offices for working out financial implications
as desired by the MoD vide their ID referred above.
2.
Although owing to various factors as also
enumerated in Annexure ‘C’, the concerned Controllers have expressed their
inability to work out the exact financial implications involved in regard to
subject court order, but, however, they have made efforts to calculate the
approximate/tentative financial implication based on the data available with
them and also based on sample calculations in the affected ranks. The same is
given below.
(In Rs crore)
Pay
Arms
|
Pay arrears
|
Interest on pay
arrears
|
Total
|
Rounded off to
|
Army
|
262.5
|
110.25
|
372.75
|
380
|
Navy
|
53.86
|
19.39
|
73.25
|
75
|
Air Force
|
113.42
|
44.23
|
157.65
|
158
|
Total
|
429.78
|
173.87
|
603.65
|
613
|
Pension
Arms
|
Pay arrears
|
Interest on pay
arrears
|
Total
|
Rounded off to
|
Army
|
113.45
|
45.95
|
159.40
|
160
|
Navy
|
35.62
|
14.93
|
50.55
|
51
|
Air Force
|
26.51
|
1034
|
36.85
|
37
|
Total
|
175.58
|
71.22
|
246.80
|
248
|
Total Financial Implication:
Pay
|
Rs 613 crore
|
Pension
|
Rs 248 crore
|
Total
|
Rs 861 crore
|
3.
The calculations for arriving at the above
financial implication of pay and interest thereon for Army, Navy and Air Force
officers are enclosed as Annexure ‘A.’
The details of calculations for arriving at pension arrears and interest
thereon for Army, Navy ad Air Force officers are enclosed as Annexure ‘B.’
4.
The Controllers have expressed certain
constraints on the whole matter, which are summarised at Annexure ‘C.’ In this
regard it may, however be highlighted that considering
the huge volume and complexity of work, estimation of financial implications at
this stage is very difficult. In fact, the implementation instructions along
with detailed instructions are yet to be received from the MoD for proper
estimation as well as implementation of the Hon’ble Supreme Court order.
Further, payment of dues within 12 weeks period may not be practically feasible
and, therefore, some more time, say 6 months, is required to be sought for
proper implementation.
5.
Keeping in view the limitations being faced by
the Controllers offices, it is once again stated that the above figures are
approximate and may undergo substantial changes.
Addl CGDA (SB)
has seen.
Sd/-----------------------------
(K.
L. Mound)
ACGDA
(AT-I)
Phone
No. 011-25665581
Shri Praveen Kumar
Director (AG-I)
MoD, D (Pay/Services)
Sena Bhawan
New Delhi
---------------------------------------------
UO No. AT/I/1483-Army/X (PC)/III
Dated 12/10/2012
Encl
22 D
Annexure
A
Calculations
for arriving at the arrears of pay and interest thereon
(i)
Army
The PCDA (O)
Pune has worked out the financial implication based on sample cases in the rank
of Capt to Brigadier, who were in service as on 01/01/1986 with reference to
rank profile as on 08/1996. The estimates have been arrived at as under (This
cadre strength excluded AMC/ADC/RVC officers.)
Rank
|
Approx arrears for
each Rank (Rs.)
|
Cadre Strength
|
Amount estimated
(Rs)
|
Capt
|
48,368
|
9406
|
45,49,49,408
|
Major
|
65,578
|
13,212
|
86,64,16,536
|
Lt Col
|
92,098
|
7295
|
67,18,54,910
|
Col
|
26,755
|
3900
|
10,43,44,500
|
Brig
|
2150
|
917
|
19,71,550
|
Total
|
34,730
|
209,95,36,904
|
|
Approx financial implication =Rs
210 crore
Add 25% (considering NPA, DA, DP,
IR etc thereon
AMC/ADC/RVC officers and arrears
of leave encashment & TG Rs
52.5 crore
Total
= Rs 262.5 crore
Add 42% (interest of 7 years @ 6%
p.a. w.e.f 01/01/2006 Rs
110.25 crore Total
estimate Rs 372.75 crore Total financial implication (approx)
= Rs 380 crore
The above figure excludes percentage
based/slab based allowances. However, this included DA, DP, & IT II with
reference to the change in Basic Pay. The figures may substantially change with
reference to the actual rank profile as on 01/01/1986 which is awaited from
ADGPS, IHQ of MoD (Army).
(ii)
Navy
The NPO
through PCDA (Navy) Mumbai has clarified that they are not in a position to
calculate the financial implication as they have not received the “Terms and
Conditions” for implementation of the Subject judgment from IHQ of MoD (N).
Copy of NPO letter No. O/Auth/1108 dated 17 Sep 2012 is enclosed for read
reference. Subsequently, NPO vide their letter dated 27/09/2012 (copy enclosed)
have given only likely financial implication. Total financial implication for
4500 officers with interest works out as under:
Pay arrears & Rs 1,19, 680
per officer x 4500
|
Rs 53,85,60,000
|
Interest arrears @ Rs 43,080
per officer x 4500
|
Rs 19,38,60,000
|
Total arrears
|
Rs 73,24,20,000
|
Total Pay & interest
arrears (approx)
|
Rs 75,00, 00,000 i.e.
Rs 75 crore
|
(iii)
Air Force
The AFCAO has
intimated through CDA (AF) New Delhi that they are unable to furnish the
revised financial implications in absence of any clear cut directions (i.e.
Govt orders) and the likely impact of Court directions on 4th, 5th,
and 6th Pay Commissions. However, CDA (AF) has worked out tentative
financial implications based on some sample cases. The same is as under:
Pay arrears
|
Rs 113, 41, 68,348
|
Interest arrears
|
Rs 44,23,25,656
|
Total arrears
|
Rs 157,94,94,004
|
Total Pay & interest
arrears (approx)
|
Rs 157.65 crore i.e.
Rs 158 crore
|
---------------------
Annexure
B
Details
of calculations of Pension
1. Army
PCDA (P) Allahabad has arrived at
the figures of financial implications on account of pension in r/o army officers
as under:
Rank
|
Cadre Strength
|
Amount Estimated
(Rs)
|
Capt
|
833
|
5,98,36,243
|
Major
|
2753
|
18,80,17,821
|
Lt Col (TS)
|
5624
|
17,47,04,894
|
Lt Col
|
5867
|
34,57,37,082
|
Col
|
2511
|
15,01,83,060
|
Brig
|
1065
|
4,70,74,128
|
Total
|
18653
|
96,55,53,228
|
Total =
Rs 96,55,53228
(#) Add =
Rs 16,88,75,549
Interest =
Rs 45,94,43,655
Total financial implication
(approx) =
Rs 159,38,72,432
Approximate Total Financial
Implication =
Rs 160 crore
(#) This amount has been added on
the following accounts
(i)
Where pensioner died after 01/01/1986 and before
31/12/1995 and could not submit application for revision of pension under V
CPC.
(ii)
Disabled & invalided out cases.
(iii)
Retiring & retirement gratuity cases
(iv)
PSU absorbees etc
(v)
Interim Relief
(vi)
Marginal increase in pension due to revision
under V CPC in case of some officers
2. Navy:
Total No. of affected officers =
2000 (approx)
Pension arrears =
Rs 32,32,00,000
Interest on pension arrears =
Rs 11,63,52,000
Additional 15% =Rs 6,59,00,000
Total pension + interest arrears
(approx) = Rs
50.55 crore or 51 crore
3. Air Force
Pension arrears =
Rs 26,50,97,000
Interest on pension arrears =
Rs 10,33, 87,830
Total pension + interest (approx) = Rs
36.85 or 37 crore
Annexure
‘C’
Complexities and Constraints brought out by
concerned Controllers
1.
PCDA
(O) Pune
a. Non
availability of exact number of affected cases
b. Non
availability of exact number of affected officers in AMC, ADC and RVC entitled
to get NPA
c. Difference
in completion of qualifying service of officers in service as on 01/01/1986 in
the same rank due to various reasons
d. Entitlement
of Terminal Gratuity in respect of SSC officers and arrears of Leave Encashment
on retirement/release
e. In
certain cases, there is change in pay due to this revision only upto the date
of promotion in subsequent rank thereby reaching to the maximum of the
integrated pay scale during IV Pay Commission. Further, in certain cases, the
pay is fixed to the same stage as revised with reference to 5th and
6th Pay Commission orders.
f.
Non availability of records due to routine
weeding out
g. The
date regarding revision of pay with reference to IV Pay Commission is not held
in the system of PCDA (O) as the work was carried out manually at that time.
h. The
revision of pay as on 01/01/1986 involve consequent changes in pay on the dates
of annual increments, promotions, and at the time of further revision as per 5th
and 6th Pay Commissions orders, wherever required. It would involve
collection of information/records and calculations of actual amount of arrears.
This exercise is voluminous and time consuming.
i.
There is vast difference in approximate average
amount of arrears worked out for different affected ranks and therefore, for
correct calculation of financial implication, actual rank profile as on
01/01/1986 is required which is not available with PCDA (O) Pune and the same
is awaited from IHQ of MoD (Army).
2. PCDA (Navy) Mumbai
a.
Implementing the judgment involves three
successive Pay Commissions. Therefore, development of one single automated
solution is not likely to give the desired solution.
b.
The data is in manual form and is required to be
captured on system, thus requires examining the entire authorisation binder of
an officer w.e.f. 01/01/1986 and analysing the impact on re-fixation on monthly
basis, till the date of retirement.
c.
In case of post 1986 retired personnel, in
addition to arrears, Last Pay Certificate, Leave Encashment, gratuity and
corrigendum PPO is required to be worked out to arrive at the final figure of
financial outgo.
d.
Necessary guidelines/directions for
implementation from MoD are required for working out correct financial
implication.
3. CDA (AF) New Delhi
a.
The task envisaged might entail re-doing pay
fixation for the IV, V and VI CPC in respect of all officers of IAF, both
retiring and serving, and thus, calculation of financial effect would be
cumbersome and tile consuming process.
b.
Necessary guidelines/directions for
implementation from MoD is required for working out correct financial
implication.
4. PCDA (P) Allahabad
a. The
record prior to 1990 was not computerised. As such, to count number of retirees
rank-wise and year-wise is time taking as every case file will have to be
checked. Even after this, the correct revised financial implication can be calculated
only after receipt of revised pay details as per ibid judgment in r/o affected
officers from the pay office.
--------
Encl 23/A
Air
HQ/99141/7/AFPCC (Ty BM)
-1-
Judgement of Hon’ble High Court of Kerala dated 05 Oct 1998 -1A
-2-
Judgment of Hon’ble Supreme Court dated 04 Sep 12 -2A
-3-
Counter Affidavit by MoD -3A
-4-
MoD ID No. 34 (6)/2012/D (Pay/Services) dated 05 Nov 12 -4A
-5-
1.
Reference Encl 4A.
2.
The case on file pertains to implementation of
the Hon’ble SC order (Encl-2A) upholding the judgment of the Hon’ble Kerala HC
in the case of Maj Dhanapalan (Encl-1A). The Court order while directing
re-fixation of pay has also directed that the process of payment of arrears be
completed within a period of 12 weeks. The DGLs as required by MoD are placed
opposite.
Background
3.
The Dhanapalan’s case refers to the extension of
the relief given to Major Dhanapalan to all officers. The retired officer had
challenged his pay fixation carried out under the provisions of the Pay Instructions
issued for implementing the 4th CPC award.
4.
The 4th Pay Commission gave a minimum
increase of 20% over existing Basic Pay to all Central Govt employees including
defence personnel including commissioned officers. But then, the rank pay which
was introduced by 4th CPC was reduced from this 20% increase and the
resultant figure was used for determining the new Basic Pay. The amount of rank
pay was reduced both from the pay scale and the emoluments of officers used for
pay fixation.
5.
The case filed by Maj Dhanapalan was first heard
by the Kerala High Court in Oct 98. The Court laid down the legal principle
giving the rationale of their judgment as: -
“…..Under the
circumstances, I am of the view that respondents 2 and 3 had completely
misunderstood the scope of extending the benefit of the payment of rank pay to
the Army officers. Rank pay is something which has been given to Army Officers
in addition to the existing pay scales. That is not an amount which has to be
deducted in order to arrive at the total emoluments which an Army officer is
entitled to get.”
6. Clearly, the court has held that the rank pay is in addition to the existing pay scales. Therefore,
the pay scales have to be amended and enhanced by the amount of rank pay. For
example, the Civilian Senior Time Scale pay of Rs 1100-1600 was given the
replacement scale of Rs 3000-100-125-4000 while the Captains pay scale of Rs
1300-1550 (Flying branch officers) and Rs 1200-1550 (other than flying branch
officers) was given the start scale at Rs 2800 in the integrated pay scale. The
rank pay of Rs 200 was clearly deducted from the enhancement given to civilian
pay scale.
7. Further, the amount of rank pay was also reduced from the
emoluments of each individual. Applying the legal principle to the individual
case of pay fixation of Maj Dhanapalan, the court has ruled: -
“Under these
circumstances the respondents 2 and 3 are directed to re-fix the pay of the
Petitioner with effect from 1.1.86 without deducting the rank pay of Rs 200/-
as has been done by respondents 2 and 3. The petitioner is also entitled to get
his pay re-fixed in accordance with the pay fixation of 1987 evidenced by Ext
P1. Respondents 2 and 3 are directed to
complete the process of re-fixation of the Petitioner as directed above, within
three months from date of receipt of a copy of this judgment.”
8. The Court held that the deduction of Rank Pay from the
amount arrived at by the fixation formula was incorrect. It directed that the
petitioner’s pay be re-fixed from 1.1.1986 without deducting rank pay as was
specified in the Army Instructions. The appeal filed in the judgment by the MoD
in the Supreme Court was dismissed and arrears paid to Maj Dhanapalan. Based on
this judgment several other officers filed petitions in various High Courts
which were consolidated and heard by the Supreme Court on a request by MoD. The
order of the SC dated 08 Mar 10 is in relation to these myriad cases filed in
various courts by officers. A three judges Bench of the SC has once again
upheld the Kerala High Court judgment and has directed that all the affected
officers be given relief similar to Maj Dhanapalan with interest.
SC Judgment
9. The ibid case was listed on 04 Sep 2012 in court No. 7 of
the Hon’ble Supreme Court. It was heard by a Bench comprising Hon’ble Justices
R.M. Lodha, T.S. Thakur, and Anil R. Dave.
10.
The UoI was represented by Solicitor General Mr.
R. F. Nariman. After prolonged arguments the case was finally disposed off by
the three Judge Bench on merit.
11. The salient features of the judgment are: -
(a) The decision is applicable to all
officers whether they have approached the court or not.
(b)
The Court has upheld Kerala High Court judgment
that the Rank Pay which was deducted from the integrated pay scale and granted
separately is not to be deducted from the Basic Pay as was done in the Govt
orders. The Rank Pay will be in addition to the Pay fixed in the integrated pay
scale i.e. after application of the fixation formula that pay so arrived at
will be, in addition, enhances by the rank pay with effect from 1.1.1986.
(c)
The court has also directed payment of interest
on arrears so calculated @6% which will be payable to all officers with effect
from 01 Jan 2006.
(d)
The MoD has been given a period of 12 weeks to
implement the court order.
(e)
It will also result in recalculation of pension
of post 1986 retirees as well as revision modified parity for each rank.
Implementation Directive
12. The ibid SC judgment will have to be
implemented for all affected officers of the three Services, who will have to
be paid the revised pay along with arrears. The pension of those retired after
01.01.1986 but affected by the judgment will have to be worked out afresh. The
following issue are pertinent in this regard: -
(a) The Govt, in its Additional Affidavit
submitted to the Court has quoted the findings of a High Powered Committee
comprising Def Secy, Secy Expenditure and FA (DS) which was set up to review
the implementation of Kerala High Court order (Encl – 3A). The Committee in its report has noted that
the following actions were involved in the implementation of the order: -
(i) The pay of all officers affected will
have to be re-fixed as on 1.1.1986, 1.1.1996, and 1.1.2006.
(ii) Revision of all pay linked allowances
simultaneously.
(iii) Revision of pension as on 01 Jan 86, 01
Jan 96, and 01 Jan 06.
(iv)
Revision of retirement benefits such
as gratuity, encashment of leave in all the
above cases.
(v) Revision of Family pension.
(b) The DGLs prepared by the Services are
based on the premise at sub-Para (a) above as well as the impact of the SC
judgment.
(c) The Draft orders have included the
changes and modification to the Pay Scale structure that are necessary to
implement the court order in letter and spirit.
(d) The pay scales of the 4th, 5th,
and 6th CPC would have to be re-drawn. This would entail changes in
the SAI/SNI/SAFI for three Services
(e) The essential feature to be borne in
mind is that the incorrect deduction of Rank Pay will have to be rectified. The
Rank Pay, accordingly will have to be added back into the pay scale to
determine the new pay.
(f) The logical extension of the Judicial
order to the 6th CPC also meets the long standing demand of the
Armed Forces for enhancement of Grade Pay and Pay Fixation based on IAS scale
of S-25 instead of Gp ‘A’ Services scale of S-24. The DGLs have been prepared
keeping the same in mind.
(g) The affected individuals will have to be
re-fixed in the revise pay scales by using the approved fixation formula
without deducting the Rank Pay.
(h) The increments in the pay scales have
also been increased if necessitated due to increase in the pay scales. These
have been kept at the same level as given to similar civilian pay scales.
13. The above stated issues have been borne in mind while
formulating the draft implementation orders. Some of the fundamental benchmarks
used are as stated below: -
(a) The affected officers are of the rank of
Capt to Brig & equivalent who were in service on 01.01.86 and those who
were promoted to these ranks subsequently.
(b) The pay scales of the 3rd CPC
have been considered for determining the scale in the 4th CPC. These
are then accordingly translated into new scales on 5th CPC and 6th
CPC. The bottom line is that the pay scales as on 1.1.86, 1.1.96, and 1.1.06
have all been amended to give effect to the Court judgment and its letter and
spirit.
(c) The principles that have been used for
determining the revised pay scales are: -
(i) The replacement given to civilian pay
scales on 01.01.86 has been used for determining the revised pay scale of
similarly placed Armed Forces pay scales.
(ii) The integrated pay scale has been
tweaked at the top to ensure increment of Rs 500 at the stage of Rs 5900
onwards and parity in the pay of Brig ad equivalent and similarly placed
civilians who drew the same pay.
(iii) The minimum pay of officers of the rank
of Capt to Brig & equivalent has been amended by not deducting the
rank pay attached to the rank.
(iv) The revised minimum pay scale computed as
on 01.01.86, for each rank has been used to revise and determine the Pay scale
as on 01.01.96.
(v) Similarly these revised pay scales of 5th
CPC have been used to revise the pay scales as on 01.01.06. For the ransk of Lt
Col to Brig & equivalent, S-25 scale of IAS has been used for pay fixation.
(vi) The existing fixation formula in
SAI/SNI/SAFI will ensure that re-fixation is carried out in the revised pay
scales on 01.01.86, 01.01.96, and 01.01.06.
(vii) The Grade Pay post -01 Jan 06 has been
re-computed taking into account the revised pay scales and percentage of top of
pay scale as applicable to similar civilian pay scales.
(d) In line with the above strategy the
re-fixation will have to be carried out for affected officers for all three pay
commissions.
(e) The pension of those who have retired
will have to be re-worked based on the revised pay.
(f) Allowances such as HRA, which were
linked to basic pay, will have to be recomputed for calculation of arrears.
Approval
14.
A DGL has been drafted keeping all the above
factors in mind. It has the concurrence of the three Services HQ. The same is
placed opposite for approval and issue.
Sd/------------------------
(R Malhotra)
Air Cmde
Chairman AFPIC
07 Nov 12
Tele: 26197491
ADGPS & Member
PARC, Army HQ
Para at Flag A may be
incorporated in the DGL.
Sd/-----------------
07/11
ACOP (Adm & Civ) & Chairman PARC
The DGL has been duly approved at TRISERVICES level incorporating views
of the three services. Forwarded for approval of MoD and promulgation.
Sd/-------------------------
RAdm Jaywant Ko***
Chairman PARC
JS (E) Pl examine
Sd/---------------
8/11/12
Dir (AG) Urgent
9/11
SO (P/S) Sd/-----------
9/11
Sh. S.M.
Encl 23/B
………………………
D (AG)
Government
of India
Ministry
of Defence
New
Delhi,
Dated Nov 12
To,
The Chief
of the Army Staff
The Chief
of the Naval Staff
The Chief
of the Air Staff
Implementation of the Order dated 04 Sep 2012 of the
Hon’ble Supreme Court in IA No 9/2010
and Transfer Petition No 56/2007 (N.K. Nair & others Vs UoI)
1. The
undersigned is directed to refer to the operative part of the judgment in the
case Maj Dhanapalan in the Kerala High Court affirmed by order of Hon’ble
Supreme Court :-
“…..Under the
circumstances, I am of the view that respondents 2 and 3 had completely
misunderstood the scope of extending the benefit of the payment of rank pay to
the Army officers. Rank pay is something which has been given to Army Officers
in addition to the existing pay scales. That is not an amount which has to be
deducted in order to arrive at the total emoluments which an Army officer is
entitled to get.”
“Under these
circumstances, the respondents 2 and 3 are directed to re-fix the pay of the
Petitioner with effect from 1.1.86 without deducting the rank pay of Rs 200/- as has been done by respondents 2
and 3. The petitioner is also entitled
to get his pay re-fixed in accordance with the pay fixation of 1987 evidenced
by Extract. Respondents 2 and 3 are directed to complete the process of
re-fixation of the pay of the petitioner as directed above, within three months
from the date of receipt of a copy of this judgment”.
2. In compliance of the order dated 04 Sep 2012 of the Hon’ble
Supreme Court in IA No. 9/2010 and Transfer Petition No 56/2007 in the case of
N.K. Nair and Others Vs UoI regarding status of Rank Pay in Pay fixation on
01.01.86, 01.01.96 and 01.01.2006 and payment of Non Effective benefits. The
undersigned is hereby directed to convey the sanction of the President for
payment of arrears computed after re-fixing the pay as provided in this letter.
The provisions of this letter will be applicable to all commissioned officers except
MNS and Honorary Commissioned Officers, who were in service on 01.01.86 and
those who joined the service after 01.01.86.
3. Accordingly, consolidated modalities modifying the existing
SAIs/SNIs/SAFIs to the extent specified hereunder are being promulgated for the
implementation of the ibid Court order.
Section-I
: Modifications effective from 01 January 1986 to 31 December 1995
(SAI/SNI/SAFI 1/S/87)
4. As the
judgment is applicable to all officers upto the rank of Brigadier &
equivalent the pay scale mentioned at Para 3 of SAI/SNI/SAFI 2/S/87 stands
amended. The following revised
integrated scale will be admissible to officers of the rank of 2nd
Lt to Brigadier and equivalents wef 01 Jan 1986.
2300-100-3900-150-5850-200-6450
5. On 01
January 1986 the pay of all officers will be fixed again in the integrated pay
scale in the following manner:-
(a) For the purpose of re-fixation the pay drawn by an officer on
01.01.86 in the existing scale of 3rd CPC will be considered. The
pay such drawn will be enhanced by the following fixation formula to arrive at
the revised pay: -
(i) An amount representing 20% of the basic pay in the scale
drawn by officer on 01.01.86 shall be added to the “existing emoluments” of the
officer.
(ii) Thereafter, the officer’s pay will be re-fixed, without
deducting the rank pay as was done earlier, in the integrated scale at para 4
above, at the stage next above the amount thus computed.
(iii) In case the stage of fixation falls below the minimum pay for
the rank held by the officer on 01 Jan 86 as prescribed in the table below, the
pay will be stepped up to such minimum provided the officer has completed the
length of reckonable commissioned service indicated in the same table.
Rank
|
Minimum pay in the integrated scale
|
Reckonable years of service for the purpose of pay
|
Lieutenant & equivalent
|
2500
|
2
|
Captain & equivalent
|
3000
|
5
|
Major & equivalent
|
4050
|
11
|
Lt Col & equivalent
|
4800
|
16
|
Colonel & equivalent
|
5500
|
20
|
Brigadier & equivalent
|
6250
|
23
|
(b) Rank Pay. In addition to the re-fixed pay in the
integrated pay scales, the following Rank Pay shall be paid depending on the
rank held :-
Rank
|
Rank Pay (Rs.
Pm)
|
Captain & equivalent
|
200
|
Major & equivalent
|
600
|
Lt Col & equivalent
|
800
|
Colonel & equivalent
|
1000
|
Brigadier & equivalent
|
1200
|
(c) The above stated pay scales shall be
used for re-fixation of all officers who were in service on 01.01.86 and also
those who came into service after that date.
(d) If the pay of an officer in the
integrated scale on the date following the completion of the length of service
indicated in the table at sub Para 4 (a) (iii) above is lower than the minimum
pay for the rank held, as given in the same table, his pay will be stepped up
to such minimum with effect from such date.
(e) Similarly in the case of an officer who,
is promoted to the next higher rank after 01 Jan 1986, is in receipt of pay in
the integrated scale which is less than the minimum pay prescribed in the table
at sub Para 4 (a) (iii) above, the pay from the date of promotion shall be
reckoned to be the minimum for that rank as shown, provided that he had
completed the length of service indicated in the same table.
(f) From the date of promotion to the next
higher rank, whether in a substantive or acting paid capacity, the officer will
draw the rank pay appropriate to the rank to which he is promoted, in addition
to the pay in the integrated scale.
Section-II
: Modifications effective from 01 January 1996 to 31 December 2005
6. The following changes are made to the SAI/SNI/SAFI 2/S/98:-
(a) The revised regular pay scales will be
admissible to officers of the rank of Lt and equivalents to Brigadier and
equivalents from 01 Jan 1996.
Rank
|
Pay Scale (Rs)
|
Captain & equivalent
|
10000-325-11925
|
Major & equivalent
|
13125-375-16550
|
Lt Col & equivalent
|
15100-400-18700
|
Colonel & equivalent
|
17100-450-19350
|
Brigadier & equivalent
|
19100-500-20600
|
Note: 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 Captains shall start at Rs 9450/-. However on completion of one year, the
Capts will be entitled to a pay of Rs 10000/-
(b) Rank Pay. In addition to the
pay in the above mentioned revised pay scales , the following Rank Pay shall be
admissible depending on the rank held: -
Rank Rank Pay (Rs p.m)
Captain & equivalent 400
Major & equivalent 1200
Lt Col & equivalent 1600
Colonel & equivalent 2000
Brigadier & equivalent 2400
7. The pay
scales at Para 6 above, shall be used for re-fixation of pay for all officers
who were in service on 1.1.96 and also those who came into service after that
date.
Fixation of Initial Pay in the Revised Scales
8. The fixation
of initial pay will be regulated as under:-
(a) An amount representing 40% of the basic
pay including stagnation increments, if any, and rank pay whenever applicable
in the pre-revised scale, shall be added to the “existing emoluments” of the
officer.
(b) Thereafter, without deducting the amount
equivalent to the rank pay, if any, the officers pay will be fixed in the
revised scale at the stage next above the amount thus computed according Para 8
(a) above.
(c) If the amount so computed as at Para 8
(a) above is more than the maximum of the revised scale, the pay will be fixed
at the maximum of the revised scale.
(d) If the Minimum of the revised scale is
more than the amount so computed as at Sub Para 8 (a) above, the pay will be
fixed at the minimum of the revised scale.
(e) For computation of bunching increments,
the first stage in the existing scale shall be w.r.t the minimum pay prescribed
for each rank as given below:-
Lieutenant &
equivalent
|
2500
|
Captain & equivalent
|
3000
|
Major & equivalent
|
4050
|
Lt Col & equivalent
|
4800
|
Colonel & equivalent
|
5500
|
Brigadier & equivalent
|
6250
|
(f) Provided also that the fixation thus
made shall ensure that every officer will get one increment in the revised
scale of pay for every three increments (inclusive of stagnation increment (s)
if any) in the existing scale of pay.
Section-III : Modifications Effective from 01 January
2006
9. The revised
pay structure for commissioned officer is modified to the extent given below:-
REVISED PAY
STRUCTURE
|
|||||||
Ser No
|
Rank
|
Existing
|
Pay Band/
Scale
|
Corresponding
|
|||
Pay Bands/Scales
(Rs)
|
Grade Pay (Rs)
|
MSP (Rs)
|
|||||
(2)
|
(3) Pay Scale
|
(4) Rank Pay
|
(5)
|
(6)
|
(7)
|
(8)
|
|
2
|
Capt & Equiv
|
10000-325-11925
|
400
|
PB-3
|
15600-39100
|
6600
|
6000
|
3
|
Maj & Equiv
|
12800-375-16550
|
1200
|
PB-3
|
15600-39100
|
7600
|
6000
|
4
|
Lt Col & Equiv
|
15100-400-18700
|
1600
|
PB-4
|
37400-67000
|
8700
|
6000
|
5
|
Col & Equiv
|
17100-450-19350
|
2000
|
PB-4
|
37400-67000
|
8900
|
6000
|
6
|
Brig & Equiv
|
19100-500-20600
|
2400
|
PB-4
|
37400-67000
|
10000
|
6000
|
10. Fixation
of Initial Pay in the Revised Pay Structure of Officers. Initial pay fixation of all officers (other
than those of AMC/ADC/RVC/MNS) is to be carried out as per tables given below:-
Rank - Captain
|
|||||
Pre-revised Scale
|
Revised Pay Band PB-3 + Grade Pay + MSP
|
||||
10000-325-11950
|
Rs 15600-39100 + Rs 6600 + Rs 6000
|
||||
Pre Revised
|
Revised Pay
|
||||
Basic Pay
|
Rank Pay
|
Pay in the Pay Band
|
Grade Pay
|
Military Service Pay*
|
Total Revised Pay
|
10000
|
400
|
19350
|
6600
|
6000
|
31950
|
10325
|
400
|
19950
|
6600
|
6000
|
32550
|
10650
|
400
|
20560
|
6600
|
6000
|
33160
|
10975
|
400
|
21160
|
6600
|
6000
|
33760
|
11300
|
400
|
21770
|
6600
|
6000
|
34370
|
11625
|
400
|
22370
|
6600
|
6000
|
34970
|
11950
|
400
|
22980
|
6600
|
6000
|
35580
|
*Military Service Pay is to be
paid wef 01.09.2008 and no arrears for MSP shall be drawn.
Rank – Major
|
|||||
Pre-revised Scale
|
Revised Pay Band PB-3 + Grade Pay + MSP
|
||||
12800-375-16550
|
Rs 15600-39100 + Rs 7600 + Rs 6000
|
||||
Pre Revised
|
Revised Pay
|
||||
Basic Pay
|
Rank Pay
|
Pay in the Pay Band
|
Grade Pay
|
Military Service
Pay *
|
Total Revised Pay
|
12800
|
1200
|
26040
|
7600
|
6000
|
39640
|
13175
|
1200
|
26740
|
7600
|
6000
|
40340
|
13550
|
1200
|
27440
|
7600
|
6000
|
41040
|
13925
|
1200
|
28140
|
7600
|
6000
|
41740
|
14300
|
1200
|
28830
|
7600
|
6000
|
42430
|
14675
|
1200
|
29530
|
7600
|
6000
|
43130
|
15050
|
1200
|
30230
|
7600
|
6000
|
43830
|
15425
|
1200
|
30930
|
7600
|
6000
|
44530
|
15800
|
1200
|
31620
|
7600
|
6000
|
45220
|
16175
|
1200
|
32320
|
7600
|
6000
|
45920
|
16550
|
1200
|
33020
|
7600
|
6000
|
46620
|
* Military Service Pay is to be paid wef
01.09.2008 and no arrears for MSP shall be drawn.
Rank – Lt Col
|
|||||
Pre-revised Scale
|
Revised Pay Band PB-4 + Grade Pay + MSP
|
||||
15100-400-18700
|
Rs 37400-67000 + Rs 8700 + Rs 6000
|
||||
Pre Revised
|
Revised Pay
|
||||
Basic Pay
|
Rank Pay
|
Pay in the Pay Band
|
Grade Pay
|
Military Service
Pay *
|
Total Revised Pay
|
15100
|
1600
|
42120
|
8700
|
6000
|
56820
|
15500
|
1600
|
42120
|
8700
|
6000
|
56820
|
15900
|
1600
|
43390
|
8700
|
6000
|
58090
|
16300
|
1600
|
43390
|
8700
|
6000
|
58090
|
16700
|
1600
|
44700
|
8700
|
6000
|
59400
|
17100
|
1600
|
44700
|
8700
|
6000
|
59400
|
17500
|
1600
|
46050
|
8700
|
6000
|
60750
|
17900
|
1600
|
46050
|
8700
|
6000
|
60750
|
18300
|
1600
|
47440
|
8700
|
6000
|
62140
|
18700
|
1600
|
47440
|
8700
|
6000
|
62140
|
19100
|
1600
|
48870
|
8700
|
6000
|
63570
|
19500
|
1600
|
48870
|
8700
|
6000
|
63570
|
19900
|
1600
|
50340
|
8700
|
6000
|
65040
|
* Military Service Pay is to be paid wef
01.09.2008 and no arrears for MSP shall be drawn.
Rank – Colonel & Equiv
|
|||||
Pre-revised Scale
|
Revised Pay Band PB-4 + Grade Pay + MSP
|
||||
17100-450-19350
|
Rs 37400-67000 + Rs 8900 + Rs 6000
|
||||
Pre Revised
|
Revised Pay
|
||||
Basic Pay
|
Rank Pay
|
Pay in the Pay Band
|
Grade Pay
|
Military Service
Pay *
|
Total Revised Pay
|
17100
|
2000
|
46050
|
8900
|
6000
|
60950
|
17550
|
2000
|
46050
|
8900
|
6000
|
60950
|
18000
|
2000
|
47440
|
8900
|
6000
|
62340
|
18450
|
2000
|
47440
|
8900
|
6000
|
62340
|
18900
|
2000
|
48870
|
8900
|
6000
|
63770
|
19350
|
2000
|
48870
|
8900
|
6000
|
63770
|
19800
|
2000
|
50340
|
8900
|
6000
|
65240
|
20250
|
2000
|
51850
|
8900
|
6000
|
66750
|
20700
|
2000
|
53410
|
8900
|
6000
|
68310
|
* Military Service Pay is to be paid wef
01.09.2008 and no arrears for MSP shall be drawn.
Rank – Brigadier
|
|||||
Pre-revised Scale
|
Revised Pay Band PB-4 + Grade Pay + MSP
|
||||
18400-500-19900
|
Rs 37400-67000 + Rs 9500 + Rs 6000
|
||||
Pre Revised
|
Revised Pay
|
||||
Basic Pay
|
Rank Pay
|
Pay in the Pay Band
|
Grade Pay
|
Military Service
Pay *
|
Total Revised Pay
|
19100
|
2400
|
48870
|
10000
|
6000
|
64870
|
19600
|
2400
|
50340
|
10000
|
6000
|
66340
|
20100
|
2400
|
51850
|
10000
|
6000
|
67850
|
20600
|
2400
|
53410
|
10000
|
6000
|
69410
|
21100
|
2400
|
55020
|
10000
|
6000
|
71020
|
21600
|
2400
|
56670
|
10000
|
6000
|
72670
|
22100
|
2400
|
58370
|
10000
|
6000
|
74370
|
* Military Service Pay is to be paid wef
01.09.2008 and no arrears for MSP shall be drawn.
11. Fixation of Initial Pay in the Revised
Pay Structure of Officers. Initial
pay fixation of AMC / ADC / RVC is to be carried out as per tables given below
:-
Rank – Captain & Equiv
|
||||||
Pre-revised Scale
|
Revised Pay Band PB-3 + Grade Pay + MSP
|
|||||
10000-325-11950
|
Rs 15600-39100 + Rs 6600 + Rs 6000
|
|||||
Pre Revised
|
Revised Pay
|
|||||
Basic Pay
|
Rank Pay
|
DA on NPA @ 24%
|
Pay in the Pay Band
|
Grade Pay
|
Military Service
Pay *
|
Total Revised Pay
|
9850
|
400
|
999
|
20930
|
6600
|
6000
|
33530
|
10000
|
400
|
1014
|
21230
|
6600
|
6000
|
33830
|
10325
|
400
|
1046
|
21900
|
6600
|
6000
|
34500
|
10650
|
400
|
1077
|
22560
|
6600
|
6000
|
35160
|
10975
|
400
|
1109
|
23220
|
6600
|
6000
|
35820
|
11300
|
400
|
1141
|
23890
|
6600
|
6000
|
36490
|
11625
|
400
|
1172
|
24550
|
6600
|
6000
|
37150
|
11950
|
400
|
1204
|
25210
|
6600
|
6000
|
37810
|
* Military
Service Pay is to be paid wef 01.09.2008 and no arrears for MSP shall be drawn.
Rank – Major & Equiv
|
|||||||
Pre-revised Scale
|
Revised Pay Band PB-3 + Grade Pay + MSP
|
||||||
12800-375-16550
|
Rs 15600-39100 + Rs 7600 + Rs 6000
|
||||||
Pre Revised
|
Revised Pay
|
||||||
Basic Pay
|
Rank Pay
|
DA on NPA @ 24%
|
Pay in the Pay Band
|
Grade Pay
|
Military Service
Pay *
|
Total Revised Pay
|
|
13125
|
1200
|
1365
|
28580
|
7600
|
6000
|
42180
|
|
13500
|
1200
|
1402
|
29350
|
7600
|
6000
|
42950
|
|
13875
|
1200
|
1438
|
30110
|
7600
|
6000
|
43710
|
|
14250
|
1200
|
1475
|
30880
|
7600
|
6000
|
44480
|
|
14625
|
1200
|
1511
|
31640
|
7600
|
6000
|
45240
|
|
15000
|
1200
|
1548
|
32410
|
7600
|
6000
|
46010
|
|
15375
|
1200
|
1584
|
33180
|
7600
|
6000
|
46780
|
|
15750
|
1200
|
1621
|
33940
|
7600
|
6000
|
47540
|
|
16125
|
1200
|
1658
|
34710
|
7600
|
6000
|
48310
|
|
16500
|
1200
|
1694
|
35470
|
7600
|
6000
|
49070
|
|
16875
|
1200
|
1731
|
36240
|
7600
|
6000
|
49840
|
|
* Military Service Pay is to be paid wef
01.09.2008 and no arrears for MSP shall be drawn.
Rank – Lt Col & Equiv
|
|||||||
Pre-revised Scale
|
Revised Pay Band PB-4 + Grade Pay + MSP
|
||||||
15100-400-18700
|
Rs 37400-67000 + Rs 8700 + Rs 6000
|
||||||
Pre Revised
|
Revised Pay
|
||||||
Basic Pay
|
Rank Pay
|
DA on NPA @ 24%
|
Pay in the Pay Band
|
Grade Pay
|
Military Service
Pay *
|
Total Revised Pay
|
|
15100
|
1600
|
1628
|
42120
|
8700
|
6000
|
56820
|
|
15500
|
1600
|
1667
|
42120
|
8700
|
6000
|
56820
|
|
15900
|
1600
|
1706
|
43390
|
8700
|
6000
|
58090
|
|
16300
|
1600
|
1745
|
43390
|
8700
|
6000
|
58090
|
|
16700
|
1600
|
1784
|
44700
|
8700
|
6000
|
59400
|
|
17100
|
1600
|
1823
|
44700
|
8700
|
6000
|
59400
|
|
17500
|
1600
|
1862
|
46050
|
8700
|
6000
|
60750
|
|
17900
|
1600
|
1901
|
46050
|
8700
|
6000
|
60750
|
|
18300
|
1600
|
1940
|
47440
|
8700
|
6000
|
62140
|
|
18700
|
1600
|
1979
|
47440
|
8700
|
6000
|
62140
|
|
19100
|
1600
|
2018
|
48870
|
8700
|
6000
|
63570
|
|
19500
|
1600
|
2057
|
48870
|
8700
|
6000
|
63570
|
|
19900
|
1600
|
2096
|
50340
|
8700
|
6000
|
65040
|
|
* Military
Service Pay is to be paid wef 01.09.2008 and no arrears for MSP shall be drawn.
Rank – Col & Equiv
|
|||||||
Pre-revised Scale
|
Revised Pay Band PB-4 + Grade Pay + MSP
|
||||||
17100-450-19350
|
Rs 37400-67000 + Rs 8900 + Rs 6000
|
||||||
Pre Revised
|
Revised Pay
|
||||||
Basic Pay
|
Rank Pay
|
DA on NPA @ 24%
|
Pay in the Pay Band
|
Grade Pay
|
Military Service
Pay *
|
Total Revised Pay
|
|
17100
|
2000
|
1862
|
46050
|
8900
|
6000
|
60950
|
|
17550
|
2000
|
1906
|
46050
|
8900
|
6000
|
60950
|
|
18000
|
2000
|
1950
|
47440
|
8900
|
6000
|
62340
|
|
18450
|
2000
|
1994
|
47440
|
8900
|
6000
|
62340
|
|
18900
|
2000
|
2038
|
48870
|
8900
|
6000
|
63770
|
|
19350
|
2000
|
2082
|
48870
|
8900
|
6000
|
63770
|
|
19800
|
2000
|
2126
|
50340
|
8900
|
6000
|
65240
|
|
20250
|
2000
|
2169
|
51850
|
8900
|
6000
|
66750
|
|
20700
|
2000
|
2213
|
53410
|
8900
|
6000
|
68310
|
|
* Military
Service Pay is to be paid wef 01.09.2008 and no arrears for MSP shall be drawn.
Rank – Brigadier & Equiv
|
|||||||
Pre-revised Scale
|
Revised Pay Band PB-4 + Grade Pay + MSP
|
||||||
19100-500-20100
|
Rs 37400-67000 + Rs 10000 + Rs 6000
|
||||||
Pre Revised
|
Revised Pay
|
||||||
Basic Pay
|
Rank Pay
|
DA on NPA @ 24%
|
Pay in the Pay Band
|
Grade Pay
|
Military Service
Pay *
|
Total Revised Pay
|
|
19100
|
2400
|
2096
|
48870
|
10000
|
6000
|
64870
|
|
19600
|
2400
|
2145
|
50340
|
10000
|
6000
|
66340
|
|
20100
|
2400
|
2194
|
51850
|
10000
|
6000
|
67850
|
|
20600
|
2400
|
2243
|
53410
|
10000
|
6000
|
69410
|
|
21100
|
2400
|
2291
|
55020
|
10000
|
6000
|
71020
|
|
21600
|
2400
|
2340
|
56670
|
10000
|
6000
|
72670
|
|
22100
|
2400
|
2389
|
58370
|
10000
|
6000
|
74370
|
|
* Military
Service Pay is to be paid wef 01.09.2008 and no arrears for MSP shall be drawn.
Section – IV : General
12. The decision of the Court is applicable to all officers
irrespective of the fact whether the officer had approached the courts or not.
The provisions of these orders will, therefore, also be applicable to all
officers.
13. The pay of all officers who were in service on 01 Jan 1986 or
joined thereafter is to be fixed again as per the pay scales given in these
orders. The interest at the rate of 6% per annum on the arrears thus calculated
is to be paid w.e.f. 01 Jan 2006 till the date of payment of arrears.
14. All officers whose pay is revised consequent to these orders,
will be entitled to avail of the option regarding the date of change to the
revised pay scales/structure as was available to them when the pre-revised pay
scales had come into force w.e.f. 01 Jan 86, 01 Jan 96 or 01 Jan 2006 as the
case may be.
15. The option available on promotion to change over to the next
higher pay scale from a date subsequent to the date of promotion can also be
exercised again by affected officers.
16. In case no option is given by the officer in the stipulated
time as envisaged in para 14 & 15 above, AFCAO, NPO and CDA will give fix
the pay in a manner as is most beneficial to the officer.
17. Fresh Last Pay Certificate and PPO revising the pension will
be issued for all affected officers who have retired after 01 Jan 1986.
18. All consequential enhanced benefits like allowances, terminal
benefits, leave encashment, gratuity, non-effective benefits etc as admissible
will be paid in addition.
19. To expedite payments of arrears, all officers have to give an
undertaking at the time of disbursement of arrears as per Appendix ‘F’ to SAFI
2/S/08 to the effect that any excess payment that may be found to have been
made as a result of incorrect fixation of pay in the revised pay scales will be
refunded by him to the Govt either by adjustment against future payments or
otherwise.
20.
All departments/offices involved in re-fixation
of pay under these orders are hereby directed to process the cases at highest
priority so that arrears, if any, are paid at the earliest keeping the interest
component to the minimum. The Head of department/office will be personally
accountable for any avoidable delay in revision of pay/pension or payment of
arrears.
21.
In partial relaxation of Serial 3 of Appendix
‘A’ of MoD letter No. IC/1027/32/AS (J)/6864/2006 dated 01 Sep 06, for fast
track implementation of the court judgment in this case wherein a large number
of officers are affected, the payment will be made directly by PCDA (O)/AFCAO/
Naval Pay Office. Ex-post facto sanction will be granted by Ministry of Defence
based on quarterly basis under Charged Expenditure based on audit reports
rendered by PCDA (O)/AFCAO/Naval Pay Office and the cases will be processed by
AG Branch/CoP/AOP with MoD.
22.
This issues with the concurrence of Finance
Division of this Ministry vide their UO NO……….. dated ……………………..
Yours
faithfully
(Praveen
Kumar)
Director
(Pay/Services)
******
To be continued
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