Wednesday, 1 May 2013

Truth For Free - Part VII - Did MoD Have Legal Permission for SAI/SNI/SAFI No. 2/S/98

Ethics and equity and the principles of justice do not change with the calendar.
- David Herbert Lawrence 


SYS/RTI/MoD/2013                                                                      15th April 2013

CPIO & Under Secretary (Pay/Services),
Ministry of Defence,
Sena Bhawan,
New Delhi – 110 011



1.         I sincerely regret the errors in numbering of paragraph and of the SAI/SNI/SAFI in my application of same reference dated 26th March 2013 as pointed out in MoD F. No. 35 (1)/2013 – D (Pay/Services) dated 8th April 2013 and received today by Speed Post at 13.25 hours.

2.         I enclose crossed Indian Postal Order Number 16F 452261 issued by the Indira Nagar PO for Rs 10/- (Rupees Ten only) on 18.2.2013, endorsed to Accounts Officer (DAD), Ministry of Defence (Civil), payable at New Delhi, as application fee for this fresh application. 

3.         Chronology of events in the Rank Pay matter constructed from information provided by MoD in reply to previous RTI applications is as follows: -

S No
6th February 1996
Maj A.K. Dhanapalan filed the Original Petition (O.P.) No. 2448 of 1996 in the Hon’ble High Court of Kerala challenging deduction of Rank Pay from revised pay
30th January 1997
5th CPC submitted its Report and Recommendations to Govt of India
30th September 1997
GoI approved 5th CPC Report vide MoF Notification No. 50 (I)/IC/97
19th December 1997
MoD issues SAI/SNI/SAFI 2/S/1998 including the methodology recommended by 5th CPC for fixation of pay of Defence Services Officers
5th October 1998
Learned Single Judge of Hon’ble High Court of Kerala passes judgment upholding Maj Dhanapalan’s O.P. and directs Respondents (UoI & Ors) to make corrections from 01.01.86
4th July 2003
Division Bench of the Hon’ble High Court of Kerala dismisses Writ Appeal No. 518 of 1998 against judgment of Learned Single Judge.
12th July 2005
Supreme Court dismisses UoI’s Special Leave to Appeal 5908 of 2005
8th March 2010
Hon’ble Supreme Court hears TP (C) 56 of 2007 and tagged Writ Petitions; agrees with the reasoning of the Learned Single Judge & the Division Bench of the Hon’ble High Court of Kerala and orders re-fixation of pay scale without deducting rank pay and payment of arrears with 6% interest p.a. with retrospective effect  from 1.1.1986
4th September 2012
Hon’ble Supreme Court hears both parties in UoI’s IA No. 9 of 2010 in TP (C) 56 of 2007 confirms the Order of 8.3.2010 with one change i.e. interest on arrears to be paid from 1.1.2006

4.         In the copies of Affidavits filed in IA No. 9 of 2010 in TP (Civil) 56 of 2007 and notes on files provided by MoD and MoF in reply to RTI applications, there are numerous references to the Recommendations of the 5th CPC Report (Part VII, Section II – Pay Scales Armed Forces) of Para 148.1 and Para 148.2 for re-fixation of pay scales of Armed Forces officers of the ranks of Captain to Brigadiers, with illustrations which have been omitted in this application, as these are well read and known

5.         MoD has quoted Para 148.2 of the 5th CPC Report as justification for the methodology and illustrations followed vide Para 28.113 of the 4th CPC Report, when referring to judgments and orders of the Hon’ble Courts. There is however one fact that has not been mentioned, even once, and that is how SAI/SNI/SAFI No. 2/S/1998 was promulgated on 19th December 1997 while Maj Dhanapalan’s case was still sub-judice (the Learned Single Judge delivered his judgment on 5th October 1998).  

6.   As MoD is the nodal Ministry in the Rank Pay matter, please provide me with photocopies, or CD, of information comprising Records, documents, memos, e-mails, opinions, advices, circulars, orders, logbooks, reports, papers, judicial pronouncements on the following:-      

(i)        On what date did MoD (Respondent No.1) receive notice from the Hon’ble High Court of Kerala or Maj A K Dhanapalan, the Petitioner, about filing of Original Petition No, 2448 of 1996N?   

(ii)       On what date and who informed other concerned Ministries such as but not restricted to Law & Justice and Finance/Department(s) Legal Affairs, Dept of Expenditure of the Government of India, on receiving notice of filing of O.P. No.2448/1996 and being both the Respondent No. 1, and the Nodal Ministry in the Rank Pay matter,

(iii) If MoD considered it unnecessary to inform other Ministries/Departments, please provide information on reasons leading to the decision not to inform other Ministries/Departments and the Competent Authority who authorised that decision to keep silent on the matter.

(iv) If MoD informed the other Ministries/departments that the methodology i.e of deducting Rank Pay from revised emoluments before re-fixation in the scale proposed in Para 28.113 of the 4th CPC Report was under the legal challenge in the Hon’ble High Court of Kerala, was any reply received from MoF, the Nodal Ministry for Pay Commissions or any advice from the Ministry of Law & Justice?   

(v) In this sub-judice matter, whether MoD sought advice from Ld Law Officers whether it is legally correct to include the impugned methodology of deduction of Rank Pay in SAI/SNI/SAFI 2/S/1998 dated 19th December 1997?

(vi) On receipt of legal advice by MoD, if any, particulars of legal proceedings in the Hon’ble High Court of Kerala for seeking Court’s permission to include the impugned deduction of Rank pay in re-fixing pay of Armed Forces officers in SAI/SNI/SAFI 2/S/1998, which was published on 19th December 1997 i.e. before the Single Judge of the Hon’ble High Court of Kerala had pronounced any judgment in O.P. No. 2448/1996, 

(vii) Please provide copies of such order(s) if MoD obtained any kind of Judicial order(s)/dispensation(s) from the Hon’ble High Court of Kerala, for promulgation of the SAI/SNI/SAFI 2/S/1998.

(viii) If MoD did not approach the Hon’ble High Court of Kerala before promulgating SAI/SNI/SAFI No. 2/S/98, the process of notings and any other information that determined “go ahead” with promulgating the impugned methodology of deduction of Rank Pay in SAI/SNI/SAFI 2/S/1998 dated 19.12.1997, (in the specific context of the pending O.P. No. 2448 of 1996 N.)

(ix) Whether MoD, now the Petitioner in W.A No. 518/1999 B, mentioned in its affidavits the 5th CPC recommendations and promulgation of SAI/SNI/SAFI No. 2/S/1998 of 19th December 1997, including the impugned methodology (Para 148.2 of 5th CPC Report)? If not, please provide information on the background of the decision not to inform the Hon’ble High Court of Kerala.

(x) Information on whether it was a conscious MoD decision, whether it was with legal advice or without legal advice, not to mention this aspect in the Hon’ble Supreme Court first in TP (C) 56 of 2007 and subsequently in I.A. No. 9 of 2010 in TP (C) 56 of 2007 and related cases, in the several affidavits filed by UoI mentioning the methodology of the 5th CPC (Para 148.2 of 5th CPC Report refers).
7.         I inform in advance that I may not be requested to visit MoD to inspect and search for the documents/information. I shall remit, as I have done hitherto, any additional amount, so desired by MoD, for the photocopies.

Thanking you,

Yours faithfully,


(S Y Savur)

Encl: IPO No. 16F 452261 as stated at Para 7 above.

Reply from MoD dated 26th April 2013 Received on 1st May 2013 is as below
F. No. 35(1) 2013-D (Pay/Services)
Government of India
Ministry of Defence
New Delhi, the 26th April, 2013

Shri S. Y. Savur,
141, Jal Vayu Towers,
NGEF Layout,
Indira Nagar (PO),
Bangalore – 560038

Subject: Your letter No. SYS/RTI/MoD/2013 dt 15.04.2013


            This is with reference to your request for information No. SYS/RTI/MoD/2013 dt. 15.04.2013 received in this office on 18.04.2013.

2.                  The parawise information as sought by you is as under: -

(i)                The information sought does not exist in D (Pay/Services) records.

(ii)              The information sought does not exist in D (Pay/Services) records.

(iii)            The reasons which are not available on record have been sought and as such they cannot be supplied. 

(iv)            Not applicable in view of (i) above.

(v)              The information sought does not exist in D (Pay/Services) records.

(vi)            Not applicable in view of (v) above.

(vii)          The information sought does not exist in D (Pay/Services) records.

(viii)        The information sought does not exist in D (Pay/Services) records.

(ix)            No reference was made to SAI/SNI/SAFI 2/S/98 of 19th December 1997 in Memorandum of Writ Appeal and Additional Affidavit filed therein. Copies of these documents are enclosed herewith. Information on the background of the decision not to inform the High Court cannot be given as it is not available on records of D (Pay/Services).

(x)              No other information apart from what has already been provided to you exists in this matter.

The Service Hqrs also submit their demands to the Pay Commissions. You may also like to take up the matter with them to seek the relevant information from their side/records.

3.                  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.

4.                  With reference to para 4 of your letter No. SYS/RTI/MoD/2013 dt 16.04.2013 received on 26.04.2013 in this office it is stated that while the contents of the file are not normally numbered sequentially, sometimes the papers in the file are not numbered for various reasons. No action, therefore, is left to be taken in this regard on MoD part.

Yours faithfully,
(P. S. Walia)
Under Secretary & CPIO
Encls; as above 
 Reply ends

1 comment:

  1. Dear Shri Sayur,
    1. I do not know whether you are an ESM or a civilian activist. But after reading this blog of yours and browsing through few others, I was convinced of the corpus of information collected by you, on defence pay matters since 1973. It shows your dedication and sense of purpose. Thanks for your service rendered to serving soldiers as well as to ESM.
    2. I came across your blog while finding answer to my deprivation of Lt Col (TS) rank, pay and pension. I feel, I should get these benefits either vide para 5A(III) or para 5A(IV)of SAO 2/S/98. I too had a feeling that this SAO has no legal backing. The ibid paras give promotions that are ex-post facto, en masse and not based on merit or work load of the promoted rank but on the basis of providing relief to long stagnated officers in Major’s rank. I retired on 16 Jul 96 as a major, with 33 years of service. The breakdown is- 17.5 years as a commissioned officer+ 7.5 years as an OR + 8 years of waightage of Majors rank. My plea is, instead of the precondition of 21 years of commissioned service, 21 years of colored or qualified service should be considered. Moreover, mine is the only one case of this peculier nature. So there is not going to be huge financial outflow.
    3. I feel, your advice in this matter would prove valuable to me. My letter to COAS will explain the details of my case. To forward to you, this letter written to COAS, kindly inform me your E mail Id either by mail on or by sms or whatsapp on 9923832777.
    With regards.
    Major Prakash Patil (Retd)