26th March 2013
REQUEST FOR INFORMATION: RANK PAY MATTER
Sir,
1. From information made available by MoD,
the following chronology of events took place in the Rank Pay matter: -
(a) Year 1996: Maj A.K. Dhanapalan filed the Original
Petition (O.P.) No. 2448 of 1996 in the Hon’ble High Court of Kerala contending
that Rank Pay should not be deducted from revised pay before re-fixation on
transition to 4th CPC integrated pay scales.
(b)
30th January 1997: -5th CPC submitted its Report and
Recommendations including Rank Pay deduction etc for fixation of pay scale for
Armed Forces Officers & personnel [date of submission mentioned in Resolution
No. 50 (I)/IC/97) of the Govt of India]. The 5th CPC Report included
Para 148.1 and Para 148.2 for re-fixation of pay scales of Armed Forces
officers of the ranks of Captain to Brigadiers as follows: -
“Part VII Section II – Pay Scales Armed Forces
148.1
Background. We have made
recommendations with regard to fixation of pay in
the proposed scales in respect of civilian employees in the relevant chapter
The method of pay fixation on revision of pay adopted by earlier Pay Commissions for civilians and service personnel was more
or less identical. The Fourth CPC while following a similar dispensation
for civilian and Service Personnel had given specific illustrations of the
manner in which pay for service personnel should be fixed especially in the
context of the introduction of integrated pay scales for Service Officers,
148.2.
Our recommendations. We have
deliberated over the manner in which service pays should be fixed and in order
to ensure equality of treatment suggest that the method of fixation of pay on
revision recommended for civilian employees may also be adopted for service
personnel. For Service Officers upto the rank of Brigadier who are to be
brought on to regular scales of pay from the existing integrated scale, we
suggest that for fixation of pay the existing rank pay maybe be taken into
account but pay in revised scales be fixed after deducting the revised amount
of rank pay.”
(c) Govt
of India vide Resolution No. 50 (I)/IC/97) accorded approval to the Report of 5th
CPC.
(d) On 19th December 1997:
- Ministry of Defence (MoD), with the concurrence of Ministry of Finance (MoF),
promulgated Special Instructions for Army, Navy, and Air Force No. 1/S/97 for
implementation of the 5th CPC’s recommendations.
(e) On 5th October 1998:
-The Single Judge of the Hon’ble High Court of Kerala delivered his judgment in
favour of the Petitioner Maj Dhanapalan and ordered Respondents to re-fix his
emoluments on transition to the 4th CPC without deducting rank pay
from the amount so computed.
(f) On 4th July 2003: -The
Union of India & Ors Writ Appeal No.518 of 1999 before a Division Bench of
the Hon’ble High Court of Kerala. The Division Bench upheld the judgment of the
Learned Single Judge and dismissed the UoI’s WA.
(g) On 12th July 2005: -
The Special Leave to Appeal (Civil) No. CC 5908 of 2005 filed by UoI & Ors
against the WA is dismissed by the Hon’ble Supreme Court of India.
2. While enclosing a copy of GoI/MoD order
No. 34 (6) 2012 – D (Pay/Services) dated 27th December 2012, with F.
No. 35 (1)/2013 – D (Pay/Services) dated 9th January 2013, vide Para
it was stated that all decisions “… taken by Ministry of Finance/Defence
(Finance) with the knowledge of Ld. Law Officers.”
3. Para 8 of the GoI/MoD letter dated 27th
December 2012 states inter alia “………and as this sanction is in compliance with judicial pronouncements, it is
clarified there shall be no change in respect of Special Instructions of Army,
Navy and Air Force issued on 19.12.1997………..”.
3. Please provide copies of information
comprising of Records, documents, memos, e-mails, opinions, advices, press
releases, circulars, orders, logbooks, reports, papers, judicial
pronouncements, interim of absolute orders of the Hon’ble High Court of Kerala etc
on the following:-
(a) Intimation
by MoD to any other Department of the Government of India including the 5th
CPC and the Cabinet Committee, on receiving notice of filing of O.P.
No.2448/1996 and till 19th December 1997 or subsequently, on likely
impact if Maj Dhanapalan’s case was decided in his favour,
(b) Reference
by MoD and advice from Ld Law Officers that notification of the impugned
deduction of Rank Pay in SAI/SNI/SAFI 1/S/1998 was legally correct,
(c) Legal
opinion from Ld Law Officers, for proceedings to be initiated by MoD in the
Hon’ble High Court of Kerala for seeking judicial pronouncement to allow
impugned deduction of Rank pay in re-fixing pay of Armed Forces officers in
SAI/SNI/SAFI 1/S/1997 as O.P. No. 2448/1996 was still sub-judice,
(d) Details
of Judicial order(s)/dispensation(s) obtained by MoD from the Hon’ble High
Court of Kerala, including copies of such order(s) from filing of O.P. No. 2448
of 1996 till 19th December 1997 when the SAI/SNI/SAFI 1/S/1997 was
promulgated,
(d) Copies
of information connected to legal advice and status of O.P. No. 2448 of 1996 to
(i)
5th
CPC, for formulating its Report and Recommendations
(ii)
5th
CPC, with particulars of judicial authorisation, if any, for inclusion of
impugned Paras 148.1 and 148.2 and the methodology for determining pay
re-fixation as it specifically related to deduction of Rank Pay to eligible
Armed Forces officers,
(iii)
Cabinet
Secretariat to assist in preparing Cabinet Notes for the perusal of the
Government of India when considering the Report & Recommendations of 5th
CPC, particularly in the Rank Pay matter,
(d) Decisions
taken before promulgating the methodology and deduction of Rank Pay in the
impugned SAI/SNI/SAFI 1/S/1997 dated 19.12.1997, with specific mention to the
pending O.P. No. 2448 of 1996
(e) The
complete, unedited, legal opinion dated 17.10.2012 of the Ld Solicitor General
of India consequent to the Hon’ble Supreme Court order dated 4th
September 2012 in IA No. 9 of 2010 in TP
(Civil) No. 56 of 2007 case of UoI & Ors Vs. N.K. Nair & Ors,
(f) The
complete DGL prepared by CGDA with remarks by MoD, Def (Fin) and MoF thereon.
4. Please dispense with a request for my
presence to inspect documents/files. I may be intimated the additional cost of
being provided the information I have applied for.
5. It is also requested that
Registry/Dispatch Section may be directed to ensure that ACK due forms are
properly stamped, date of receipt endorsed and mailed to sender for maintaining
a proper record in case an Appeal has to be preferred.
6. Indian Postal Order Number 16F 452260
for Rs.10/- (Ten only) endorsed to Accounts Officer (DAD), Ministry of Defence
(Civil) payable at New Delhi is attached.
Yours faithfully,
Sd/---------
(Applicant)
Encl: as stated
******
The Reply from MoD received at 1320
hours on 15.04.2013
By Speed Post
F. No. 35 (1) 2013 – D (Pay/Services)
Government of India
Ministry of Defence
Subject: Your application No. SYS/RTI/MoD/2013
dated 26.3.2013 received on 02.04.2013
Sir,
This is with reference to your
applications No. SYS/RTI/MoD/2013 dated 26.3.2013 received on 02.04.2013.
2. The part-wise information as sought in
para 3 (it should be para 4) of the above-mentioned application is given as
under:
(a)
Intimation to
MoD (Finance), responses from Ministry of Finance and DOP&T enclosed
herewith.
(b)
No such
information exists in MoD [D (Pay/Services)] Files.
(c)
No such
information exists in MoD [D (Pay/Services)] Files.
(d)
No such
information exists in MoD [D (Pay/Services)] Files.
(e)
(i) to (iii). This sub-para has been wrongly numbered as
(d). Recommendations of the Pay Commissions are considered by Ministry of
Finance.
(f)
This
sub-para has been wrongly numbered as (d). No such information exists in MoD [D (Pay/Services)] Files.
(g)
This sub-para has been wrongly numbered as (e). A complete copy of advice dated 17.10.2012 given by
Ld Solicitor General of India is sent herewith.
(h)
This sub-para has been wrongly numbered as (f). The information sought is enclosed herewith.
3.
In respect of
the information supplied above, you may send requisite cost @ Rs 2/- [er page
in favour of AO (DAD) Ministry of Defence (Civil).
4.
In case you
are not satisfied with the reply you may appeal to Shri Praveen Kumar, Director
(AG-I), Ministry of Defence, Room No. 103, Sena Bhawan, New Delhi within 30
days of receipt of this letter.
Sd/-----------------
(P. S. Walia)
Under Secretary & CPIO
Encl. As above
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