Tuesday 25 June 2013

Army, Navy & Air Force: All Dealt with in 24 hours SAI/SNI/SAFI No. 2/S/98



Reply of 18.6. 2013 to RTI application dated 20.5.2013

From the Notes Processing Draft SAI No. 2/S/98 on MoD F N0. 1(21)/97/D (Pay/Services)

* * * *
INDIAN ARMY


Draft SAI                                                                                                                   Encl -1 A

-2-
Existing SAI on Army Officers and the new SAI on Army PBOR may be made available.

Sd/--------------
Under Secretary (Pay/Services)
17/12/97
SO/RRL
-Encl 3A-

-Encl 4A-

-5-
            Draft SAI in respect of Army officers on implementation of V CPC Report has been received from COAS yesterday night. We have quickly checked it. Existing SAI is placed at encl 4A and SAI for PBOR is at encl 3A. Certain notifications are marked in pencil. We may refer it to Def Fin for examination. In case they found it necessary o/o CGDA may be consulted by them also.

Dir (AG)                                                                                                         Sd/-----------
Under Secretary 17/12/97
-6-
            The draft Special Army Instructions submitted by the Army HQ is at encl 1-A.

2.         The draft was examined by the group of officers consisting Dir (AG), Dir (Fin/AG), ACGDA & Dy CDA (O), Pune. The draft prepared by the group of officers at encl 5-A was further discussed with Addl. FA (D), and CDA (O), Pune and, thereafter, with FA (DS) on 17-12-97. Based upon their suggestions, the draft was further modified and the final draft is placed at encl 6-A for approval.
  
3.         The following points have been kept in view while finalising the draft: -

(i)        The Fifth Central Pay Commission has recommended different scales of pay for each rank as against the earlier integrated pay scale.

(ii)       The Rank Pay has been allowed depending upon the rank held by the officer upto the rank of Brigadier.

(iii)      The method of pay fixation recommended by the V CPC is that in respect of substantive promotions, the pay may be fixed at the same stage available in the pay scale of the promoted rank and if no stage exists, at the next above stage. However, in respect of acting promotions, the criteria suggested by the V CPC is that till such time an officer completes the required number of qualifying service for promotion to a particular rank on substantive basis, the officer may draw pay only in the lower rank. However, the rank pay will be admissible on the next rank actually held by the officer either acting or substantive.     

(iv)      The above principle has been adopted in respect of pay fixation as on 1-1-1996.    
           
(v)       The provisions contained in our letter dated 21-11-1997 regarding the special provisions in respect of Majors, have been suitably incorporated in the S.A. I. 

(vi)      The Army officers  also are entitled to the benefit of bunching rule like that for civilians. Since in the integrated pay scale, specific minimum pay has been prescribed earlier (AI 1/S/87), the same has been suitably adopted in the Special A.I. for determination of minimum pay of each rank for determination of the number of stages in the pay fixation.

3.                  Submitted for approval of S.A. I. (Officers).

Sd/---------------
(B. BRAHMA)
Director (AG)
19th Dec 1997
JS (E)             Sd/------------
                        19.12.97

Addl FA (D)   Sd/--------------
                        19.12.97

DFA (AG)
-7-

Concurred                  Sd/-----------------
                                    19/12/97

Dir (AG)                     Sd/--------------- 19/12/97

US (P/S)                    Sd/------------

Issue                                                                                                               Encl 8A

Receipt                                                                                                           Encl 9A 


*          *          *          *          *
INDIAN NAVY
File MF NPC/0205

1

Special Navy Instructions No. 1/S/87 – Revision of Pay Scales of Commissioned Officers and Midshipmen, fixation and  regulation of pay in the revised scale                                 …..1A 

2

Govt of India, Min of Def letter No. 30(51)/90/D (Pay/Services) dated 05 Apr 91 regarding stepping up of pay of Maj Gen and their equivalents in the Air Force & Navy            …..2A
3

Govt of India, Min of Def Resolution No. 1(5)/97/D (Pay/Services) dated 13 Oct 97  …… 3A

4

Govt of India, Min of Def letter No. 1(5)/97/D (Pay/Services) dated 21 Nov 97 regarding Pay and Allowances of Armed Forces officers                                                                     ……. 4A

5

1.         Refer to Enclosures 1A to 4A.

2.         Draft Special Navy Instructions for the revision of pay scales for Naval Officers consequent to the V CPC award and Govt decision thereon is placed opposite for processing and approval.

3.         The draft incorporates the following issues which have been projected to the MOD from time to time for resolution.

(a)       Pay Scale for Lt Cdrs. The pay scale for Lt Cdrs has been brought on par with the pay scale approved for Commandant of Coast Guard. The Hon’ble Raksha Mantri had given his personal assurance to the Chief of Naval Staff on this aspect.

(b)       Vice Admiral’s Pay Scale. The pay scale for Vice Admirals has been reflected as Rs 24050-650-26000/- to maintain parity/relativity with the IPS.

I          Rank Pay. The status of Rank Pay has been specifically defined to remove all ambiguities to the effect that it is an integral part of the officer’s scale of pay. It has also been incorporated that Rank Pay will be reflected as Basic Pay at all times and for all purposes including accounting purposes.

(d)       “Pay for All Purposes” for Under-trainee Officers. The definition of “pay for all purposes” to which the stipend is to be converted after the officers complete their initial training as given in MOD letter at Encl 4A (Para 1(b) has been amplified to remove ambiguities.  
           
4.         The above changes over and above the Govt’s orders issued vide Encls 3A and 4A have been incorporated in view of: -

(a)       The Hon’ble Raksha Mantri’s assurance to the Services Chiefs that the honour, prestige and standing of the Services officers will not be allowed to be disturbed.

(b)       The Hon’ble Raksha Mantri’s personal assurance to the Chief of Naval Staff that the pre-V CPC relativity in the pay scales of Lt Cdrs and Commandants of Coast Guard will be maintained in the approved replacement scales.  

I          The Hon’ble Raksha Mantri’s assurance to the Chief of Naval Staff that all outstanding issues projected will be satisfactorily resolved. 

(19.           The file is being submitted based on the above assurances. It is relevant to menton that these assurances also apply in the case of PBOR to remedy the depression in six scales of our sailors in various categories which have got depressed consequent to trade rationalisation effective from 10 Oct 97.

Sd/-----------------------
(Sushil Kumar)
V C N S
For C N S
18 Dec 97
Defence Secretary 
Pl examine Sd/-----------
                                                18/12

FA (DS)/1.10 PM Sd/---------

-6-
            The draft Special Navy Instructions submitted by the Naval HQ is at encl 1-A.

2.         The draft was examined by the group of officers consisting Dir (AG), Dir (Fin/AG), ACGDA & Dy CDA (O), Pune. The draft prepared by the group of officers at encl 5-A was further discussed with Addl. FA (D), and CDA (O), Pune and, thereafter, with FA (DS) on 17-12-97. Based upon their suggestions, the draft was further modified on the lines of Special Army Instructions and the final draft is placed at encl 6-A for approval.
  
3.         The following points have been kept in view while finalising the draft: -

(i)        The Fifth Central Pay Commission has recommended different scales of pay for each rank as against the earlier integrated pay scale.

(ii)       The Rank Pay has been allowed depending upon the rank held by the officer upto the rank of Commodore.

(iii)      The method of pay fixation recommended by the V CPC is that in respect of substantive promotions, the pay may be fixed at the same stage available in the pay scale of the promoted rank and if no stage exists, at the next above stage. However, in respect of acting promotions, the criteria suggested by the V CPC is that till such time an officer completes the required number of qualifying service for promotion to a particular rank on substantive basis, the officer may draw pay only in the lower rank. However, the rank pay will be admissible on the next rank actually held by the officer either acting or substantive.     

(iv)      The above principle has been adopted in respect of pay fixation as on 1-1-1996.    
           
(v)       The provisions contained in our letter dated 21-11-1997 regarding the special provisions in respect of Majors, have been suitably incorporated in the S.A. I. 

(vi)      The Naval officers also are entitled to the benefit of bunching rule like that for civilians. Since in the integrated pay scale, specific minimum pay has been prescribed earlier (NI 1/S/87), the same has been suitably adopted in the Special N.I. for determination of minimum pay of each rank for determination of the number of stages in the pay fixation.

4.         Submitted for approval of N.I. (Officers).

Sd/---------------
(B. BRAHMA)
Director (AG)
19th Dec 1997
JS (E)             Sd/------------
                        19.12.97

Addl FA (D)   Sd/--------------
                        19.12.97

DFA (AG)
-7-

Draft N.I is Concurred in….                        Sd/-----------------
                                                            19/12/97

Dir (AG)                     Sd/--------------- 19/12/97

US (P/S)                    Sd/------------

Issue                                                                                                               Encl 8A


*          *          *          *          *

AIR FORCE

1
Copy of letter dated 5-4-91                                                                                    Encl 1A

2

Note dated 18-12-97 from Air HQ                                                                        Encl 2A/B

3

Draft SAFI received from Air HQ                                                              Encl 3A

-4-
            The draft Special Air Force Instructions submitted by the Air HQ is at encl 1-A.

2.         The draft was examined by the group of officers consisting Dir (AG), Dir (Fin/AG), ACGDA & Dy CDA (O), Pune. The draft prepared by the group of officers at encl 5-A was further discussed with Addl. FA (D), and CDA (O), Pune and, thereafter, with FA (DS) on 17-12-97. Based upon their suggestions, the draft was further modified purely on the lines of Special Army Instructions and the final draft is placed at encl 6-A for approval.
  
3.         The following points have been kept in view while finalising the draft: -

(i)        The Fifth Central Pay Commission has recommended different scales of pay for each rank as against the earlier integrated pay scale.

(ii)       The Rank Pay has been allowed depending upon the rank held by the officer upto the rank of Air Cmde.

(iii)      The method of pay fixation recommended by the V CPC is that in respect of substantive promotions, the pay may be fixed at the same stage available in the pay scale of the promoted rank and if no stage exists, at the next above stage. However, in respect of acting promotions, the criteria suggested by the V CPC is that till such time an officer completes the required number of qualifying service for promotion to a particular rank on substantive basis, the officer may draw pay only in the lower rank. However, the rank pay will be admissible on the next rank actually held by the officer either acting or substantive.     

(iv)      The above principle has been adopted in respect of pay fixation as on 1-1-1996.    
           
(v)       The provisions contained in our letter dated 21-11-1997 regarding the special provisions in respect of Majors, have been suitably incorporated in the S.A. I. 

(vi)      The Air Force officers also are entitled to the benefit of bunching rule like that for civilians. Since in the integrated pay scale, specific minimum pay has been prescribed earlier (AFI 1/S/87), the same has been suitably adopted in the Special A.F.I. for determination of minimum pay of each rank for determination of the number of stages in the pay fixation.

4.                  Submitted for approval of SAFI (Officers).

Sd/---------------
(B. BRAHMA)
Director (AG)
19th Dec 1997
JS (E)             Sd/------------
                        19.12.97

Addl FA (D)   Sd/--------------
                        19.12.97

DFA (AG)
-6-

Draft SAFI is concurred in ……..                Sd/-----------------
                                                                        19/12/97

Dir (AG)                     Sd/--------------- 19/12/97

US (P/S)                    Sd/------------

Issue                                                                                                               Encl 7A

Receipt                                                                                                           Encl 8A 

(Food for Thought: All three Services dealt with and disposed of in 24 hours)

Friday 21 June 2013

Director (AG-I) Confirms About SAI No. 2/S/98 (and consequentially of SNI/SAFI No. 2/S/98

Reply to First Appeal dated 16.5.2013 received on 21.6.2013

Government of India
Ministry of Defence

No. 35 (1)/2013/D(Pay/Services)                                           New Delhi, the 18th June, 2013

  ORDER

                      Subject: Appeal under Section 19 of RTI Act, 2005 filed by Shri S Y Savur

                    Reference is invited to the appeal dated 16.5.2013 filed by Shri S Y Savur (received on 20.5.2013) against the CPIO, MOD letter No. 35(1)/2013/D(Pay/Services) dated 26.4.2013.

2.                 I have considered the aforesaid appeal on the basis of the facts submitted by the applicant and information available with CPIO. I have also observed in the relevant file (F. No. 1(21)/97/D(Pay/Services) that the matter was not taken up with the Hon'ble Kerala High Court by MOD while issuing Special Army Instruction in Dec,1997.

3.                 In view of the above facts, I am satisfied that the information provided by CPIO, MOD vide his letter No. 35(1)/2013/D(Pay/Services) dated 26.4.2013 is in order and is based on the records available with him in his official capacity.

                                                                                                                        Sd/_________________
                                                                                                                        (Praveen Kumar)
                                                                                                      Director (AG-I) & Appellate Authority

Copy of this order be supplied to: - Shri S Y Savur, 141, Jal Vayu Towers,
                                                      NGEF Layout, Indira Nagar (PO),
                                                      Bangalore-560038
 

Tuesday 18 June 2013

Writ Appeal No. 518 of 1999 and Additional Affidavit thereof



Please Note: This is a faithful re-production of the photocopies provided by MoD vide F No. 35 (1)2013-D(Pay/Services) dated 26th April 2013. Some words are indistinct and I have inserted in italics words closest in meaning to make coherent sentences.  

----------------
By Speed Post
F. No. 35(1) 2013 – D (Pay/Services)
Government of India
Ministry of Defence
New Delhi, the 26th April, 2013
To
            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

Sir,

            This is with reference to your request for information No. SYS/RTI/MoD/2013 dt. 15.4.2013 received in this office on 18.4.2013.

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 abd 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 No. 2/S/1998 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 HQ also submit their demands to the Pay Commissions. You may also like to take up the matter with them to seek 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 …..
Sd/-------------------
*          *          *         *         *
Presented on 23.2.1999

BEFORE THE HON’BLE HIGH COURT OF KERALA
ERNAKULAM

W.A. No. 518 OF 1999

(Against the Judgment in O.P. No. 2448/1996 dated 5.10.98 of this Hon’ble Court)

Union of India & 2 Others                                                   : Appellants/Respondents

Vs.

Major A. K. Dhanapalan                                                      : Respondent/Appellant

MEMORANDUM OF WRIT APPEAL
C.F. Paid Rs 100/-

----
BEFORE THE HON’BLE HIGH COURT OF KERALA AT ERNAKULAM
W.A. No. 518 OF 1999
(Against the Judgment in O.P. No. 2448 /1996 dated 5.10.1998 of this Hon’ble Court)

APPELLANTS/RESPONDENTS:

1, Union of India represented by Secretary to Govt
Ministry of Defence, New Delhi

2. Chief of Army Staff, Army Headquarters, New Delhi

3. Controller of Defence Accounts (Officers), Pune

vs

RESPONDENTS/PETITIONER:

Major A. K. Dhanapalan, Office of the Chief Engineer (Navy),
Naval Base P.O. Kochi – 682 094

Memorandum of Writ Appeal under Section 5 of the High Court
                        Act by the appellants through their counsel Mathews J. Nedumpara,
                        Advocate, I.J. Bldg, Opp to High Court, Cochin 31

----------

            The appellants beg to submit as follows: -
STATEMENT OF FACTS
1.         The appellants above are the original respondents in the O.P. and the respondent vice versa. The said O.P. was filed seeking a direction to fix the revised pay of the petitioner as Rs 3200/- with effect from 1.1.186 and also to be restore the ‘rank pay’ that was withheld with effect from December 1985. According to the original petitioner, the appellants were wrong in deducting the rank pay while fixing the pay in the integrated pay scale in terms of the recommendations of the 4th Pay Commission. The original petitioner happened to contend ….. (indistinct).. his misconception of the recommendations of the 4th Pay Commission and the consequent executive orders issued by the Ministry of Defence in consultation with their integrated finance giving effect to the recommendations of the Pay Commission. Before addressing to the said controversy, it is only appropriate to make a brief reference to the background of the introduction of integrated pay scale and rank pay. The appellants beg to do so, thus:

            The concept of integrated pay-scale along with Rank Pay for officers up to the rank of Brigadier was introduced with reference to the recommendations of the Fourth Pay Commission with effect from 1st January 1986. The element of rank pay commences at the rank of Captain and vary with the difference in ranks. This was accepted by the Government (Exhibit P1) with some improvement in the rate of increment in the integrated pay-scale as well as the quantum of rank pay admissible to the ranks of Major, Lt Colonel and Colonel. The Pay Commission also recommended the method of fixation of pay in the integrated pay-scale with effect from 1.1.1986 vide papa 28.113 of their report which was accepted by the Government. While recommending the method of pay fixation, the Pay Commission specified that since rank pay is a separate element for officers up to the rank of Brigadier, the same may be taken into account while fixing pay in the integrated scale of pay. This method also has been illustrated by the Pay Commission vide illustration 1 to 4 shown below. It will be seen from the illustration that to arrive at the emoluments drawn in the revised pay-scale, the Basic Pay, the D.A, Additional D. A. and Interim Reliefs were added and 20% of the pre-revised basic pay was also added to arrive at the total emoluments hereinafter referred to as ‘emoluments.’ It will be seen from the illustrations that in order to taken into account rank pay, while fixing pay in the integrated pay scale, the rank pay has been deducted from the emoluments. The fixation of pay is dealt with in para 28.113 on page 304 of the illustrations of the recommendations of the 4th Pay Commission. It is only fruitful to extract the same and is done craving the lave f this Hon’ble Court to do so:             

            “28.113. In Chapter 30 we have recommended the method for fixation of pay in the proposed scales for civilian employees, we recommend that the same method may be adopted for fixation of pay of armed forces personnel also. Since rank pay is a separate element for officers upto the rank of Brigadier and equivalent, the same may be taken into account while fixing pay in the integrated scale of pay recommended by us. An illustration showing the pay in the integrated scale of pay for army officers of different ranks is given in Annexe 28.1. The following”

Illustration No. 1

1. Rank                                                           - Captain
2. Existing basic pay                                                - Rs 1300.00
3. DP/DA on basic pay at index average - Rs 1650.00
608 and Interim relief
4. Existing emoluments                               - Rs 2950.00
5. Add 20% of basic pay                              - Rs    260.00
                                                                        -------------------------
                        Total                                       -Rs 3210.00  
 6. Pay to be fixed in integrated scale        - Rs 3100 + Rank pay Rs 200

Illustration No. 2

1. Rank                                                           - Major
2. Existing basic pay                                                - Rs 1600.00
3. DP/DA on basic pay at index average - Rs 1740.00
608 and Interim relief
4. Existing emoluments                               - Rs 3340.00
5. Add 20% of basic pay                              - Rs    320.00
                                                                        -------------------------
                        Total                                       -Rs 3660.00  
6. Pay to be fixed in integrated scale         - Rs 3400 + Rank pay Rs 400

Illustration No. 3

1. Rank                                                           - Lt Col (Time scale)
2. Existing basic pay                                                - Rs 1900.00
3. DP/DA on basic pay at index average - Rs 2037.00
608 and Interim relief
4. Existing emoluments                               - Rs 3937.00
5. Add 20% of basic pay                              - Rs    380.00
                                                                        -------------------------
                        Total                                       -Rs 4317.00  
 6. Pay to be fixed in integrated scale        - Rs 4400 + Rank pay Rs 400 for rank of Major           

Illustration No. 4

1. Rank                                                           - Brigadier
2. Existing basic pay                                                - Rs 2200.00
3. DP/DA on basic pay at index average - Rs 2346.00
608 and Interim relief
4. Existing emoluments                               - Rs 4546.00
5. Add 20% of basic pay                              - Rs    440.00
                                                                        -------------------------
                        Total                                       -Rs 4986.00  
6. Pay to be fixed in integrated scale         - Rs 4600 + Rank pay Rs 1200 (as the maximum pay admissible for the rank of Brigadier is Rs 4600/- in integrated scale)

2.         The above quoted para clearly illustrates how the computation/fixation has to be effected. In the original petitioner’s case, what has been done is to compute the emoluments and fix in the integrated pay scale in conformity with the afore-quoted para and nothing more. The original petitioner, however, has contended that the appellants have done it wrongly. He has produced a resolution dated 18.3.1987 of the Ministry of Defence as Exhibit –P1 in support of his contention that the appellant No. 3 viz the Controller of Defence Accounts, Pune has wrongly fixed pay in violation to Exhibit-P1 which is resolution of Ministry of Defence as also papa 28.113 of the recommendations of the 4th Pay Commission. The said contention has no legs to stand on and the fallacy of the said contention can be demonstrated instantly. Admittedly, the Government has accepted the recommendations of the 4th Pay Commission quoted above with regard to fixation of pay in its Exhibit – P1 resolution. This is evident from page 12 of Exhibit-P1, serial No. 28. For convenience, that is extracted below:            

Serial              Recommendation of the Pay Commission                        Decision of the Govt

28.                   Fixation of Pay – Method of fixation                                             Accepted
                        Of pay recommended for civilian employees
                        in Chapter 30 of the Report should also be
                        applied to the Armed Forces. Since Rank Pay 
                        is a separate element for officers upto the rank
                        of Brigadier and equivalent, the same may be    
                        taken into account while fixing pay in the
                        integrated scale of pay.

                                    (Para 28.113)

3.         The original petitioner cannot have any grievance about Exhibit- P1. His grievance could only be that appellant No. 3 has deviated from para 28.113 which illustrates the fixation of pay. This aspect, viz., that he cannot have a tenable grievance against the fixation effected by the appellant No. 3 in terms of para 28.113 would be discernible from the following comparison of the pay fixation carried out by the Pay Commission at illustration No. 1 (extracted to drive home the point) and what has been actually done in his case:

Illustration No. 1

                                                                        As per Pay Commission       Pay allowed in case 
                                                                                                                        Of original petitioner

1. Rank                                                                       Captain                                   Captain

2. Existing basic pay                                                            Rs 1300.00                           Rs 1250

3. DP/ADA on basic pay at index  
Average 608 and interim relief                              Rs 1650                                  Rs 1645

4. Existing emoluments                                           Rs 2950                                 Rs 2875

5. Add 20% of basic pay                                          Rs 260                                    Rs  250

                                                            Total               Rs 3210                                  Rs 3145

6. Pay to be fixed in integrated scale                     Rs 3100                                 Rs 3000
                                                                                    Rank Pay Rs 200           Rank Pay Rs 200


4.         The comparison of the illustration given above and the actual working out of the figures in the original petitioner’s case will make it clear that no injustice has been done to the petitioner. On the contrary, the recommendations of the 4th Pay Commission has been faithfully adopted. 

5.         Though the above comparison of the illustration given in the Pay Commission’s Report and the actual illustration effected in the petitioner’s case has been done only in faithful conformity with the law and wish to add that pursuant to the issuance of Exhibit-P1 resolution, Exhibit – R3(a) Army Instructions were issued in consultation with the Ministry of Defence in consultation with their Integrated Finance. R3(a) Army Instructions are comprehensive enough and ward off any doubts, has attempted to define terms like rank pay, revised scale, integrated scale also. Para 6 of the said Army Instructions speaks about how fixation of initial pay in the revised scales should be effected. Sub para (ii) of the same is the most relevant. For easy comprehension, it is extracted below:   

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

                        (a) (i)…………………. 

(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. Therefore, 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, his 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 integrated scale              Completed years of service

            Lt                                            2500                                                               2                     

            Capt                                        2800                                                               5

            Maj                                         3400                                                               11

            Lt Col                                      3900                                                               16

            Col                                           4500                                                               20      

            Brig                                         4900                                                               23


6.         To convince this Hon’ble Court that the fixation of pay has (not) been effected in the right manner, the fixation in the original petitioner’s case effected above is extracted again with reference to para 6 (ii): -

                        i) Rank                                                           Captain

                        ii) Basic pay                                                   Rs 1250

                        iii) DA, ADA, IR                                            Rs 1645

                                                            Total                           Rs 2895         

                        iv) Add 20% of basic pay                             Rs  250

                                                            Total                           Rs 3145

                        v) Less Rank Pay                                         Rs 200

                        vi) Pay fixed                                                  Basic Pay Rs 3000
                                                                                                Rank Pay Rs    200


7.         The above discussion will establish beyond doubt that in the original petitioner’s case, the fixation of pay has been effected in conformity with the recommendations of the 4th Pay Commission, Exhibit –P1 and the executive orders issued by the Ministry of Defence in consultation with their Integrated Finance. Therefore, the petitioner cannot have a grievance in law about the fixation effected and the original petition is absolutely devoid of merit and ought to have been dismissed with cost to this appellant.
  
8.         The Learned Single Judge, however, allowed the O.P. on a wrong appreciation of facts involved. The Learned Single Judge was pleased to take the view that Exhibit-R3(a) is in apparent conflict with Exhibit –P1 and there was no justification for deducting the rank pay from the petitioner’s emoluments while fixing the revised pay. Accordingly, the Learned Singe Judge was pleased to direct the appellant Nos. 2 and 3 to refix the original petitioner’s pay with effect from 1.1.1986 without deducting the ‘rank pay’ of Rs 200/-. The Learned Single Judge also made a declaration that the original petitioner is entitled to have his pay re-fixed in accordance with Exhibit – P1. Though the said declaration in itself does not cause any injury or prejudice to the appellants as the appellants also do not dispute that his pay ought to be re-fixed in terms of Exhibit – P1 but only contend that it has already been done so in accordance with Exhibit-P1 and is not in conflict thereof. The Learned Singe Judge also directed the appellants t effect the re-fixation within 3 months of the date of the judgment. The appellants are aggrieved by the said judgment because the Learned Single Judge was at error in holding the view that the re-fixation effected is in conflict with Exhibit-P1 and ought to be re-fixed without effecting deduction of rank pay of Rs 200/-.           

The appellants above, therefore, beg to file the above Memorandum of Writ Appeal on the following amongst other

GROUNDS

A.                 The Learned Singe Judge erred on facts as well as in law in allowing the O.P. The original petitioner’s pay has been re-fixed in accordance with the recommendations of the 4th Pay Commission as complied in para -1 of the Exhibit-P1 resolution issued in pursuance thereof and the Exhibit – R 3(a) administrative instructions issued in pursuance of Exhibit-P1. The Learned Single Judge went wrong in coming to the conclusion that the deduction of rank pay  of Rs 200/- from the total emoluments is inadmissible in terms of Exhibit-P1 and that Exhibit-R3(a) administrative instructions while providing for such deduction effected in conflict with Exhibit-P1 and he has ignored that fact which has been brought out by way of illustrations below para 28.113 of the report of the 4th Pay Commission. The Learned Single Judge came to such a conclusion because he has understood Exhibit-P1 and Exhibit-R3(a) in the wrong perspective. 

(Concluded)
[Encl  17-A]

BEFORE THE HON’BLE HIGH COURT OF KERALA

W.A. No. 510/2000
Union of India & Others - Appellants

                                                                        Vs

                                                A. K. Dhanapalan                  - Respondent


ADDITIONAL AFFIDAVIT OF SHRI B. BRAHMA, DIRECTOR (AG)
MINISTRY OF DEFENCE, SENA BHAWAN, NEW DELHI – 110 011          

            I, the above named deponent, do hereby solemnly affirm and declare as under: -

1.         That I am working as Director (AG) in the Ministry of Defence, Sena Bhawan, New Delhi-110011 and in my official capacity as such I am competent to swear this affidavit. 

2.         I say that the contents of the accompanying application under Section 151 of CPC fro seeking appropriate directions are true and correct to the best of my knowledge.

DEPONENT

VERIFICATION

            Verified at New Delhi on this (blank) day of December, 2000 that the contents of the above affidavit at para 1 to 2 are true and correct to the best of my knowledge and belief as per official records. No part of it is false and nothing material has been concealed therefrom.

DEPONENT

BEFORE THE HON’BLE HIGH COURT OF KERALA

W.A. No. 510/2000

Union of India & Others      -          Appellants

Vs.

A. K. Dhanapalan      -          Respondent

AFFIDAVIT

            I, B. Brahma s/o Shri Kailash Chandra Brahma, aged about 45 years working as Director (AG) in the Ministry of Defence do hereby solemnly affirm and state as follows: - 

1.         I know the facts of the case as disclosed by relevant records and am swearing to this affidavit on behalf of the Secretary, Ministry of Defence and an duly authorised and competent to do so.       

2.         The instant affidavit is filed in faithful compliance of the directions of this Honourable Court dated 14.10.2000, issued during the hearing of the above Writ Appeal. 

3.         The present Writ Appeal arises out of a judgment of a learned Single Judge of this Hon’ble Court, wherein the present respondent’s viz., the writ petitioner’s pay was directed to be re-fixed in pursuance of exhibit P-1 without deducting ‘Rank Pay’ initially and then adding the same. This Hon’ble Court was pleased to pass such a direction, accepting the plea of the Writ Petitioner that such deduction was not in conformity with the Exhibit P-1, whereby the petitioner became entitled to the ‘Rank Pay’ of Rs 200/- .      

4.         The present Appellants challenge the said directions of a learned Single Judge of this Hon’ble Court in the instant Appeal, inter alia, on the premise that a proper construction of Exhibit P-1 alongwith Exhibit R-3(a) as also paragraph 28.113 of the recommendations of the 4th Pay Commission which the Government of India has accepted, does not contemplate taking into account of “Rank Pay”, at two stages viz., whilst computing the pay on the recommendations of the Pay Commission , as also, whilst re-fixing the integrated pay. It was further  contended that what has been done or purported to be done by the Government of India by Exhibit P-1 and Exhibit R-3(a) was only to give effect to the recommendations of the 4th Pay Commission with regard to the grant of “Rank Pay” in the very manner in which the Pay Commission had recommended, without adding or subtracting anything; and therefore, the writ petitioner cannot have a grievance against the Government of India. Assuming for argument’s sake and with conceding the least, if, at all, the petitioner could ever have a conceivable grievance that could only be against the Pay Commission itself and not the Government of India. It was further contended that the petitioner is stopped from harbouring any grievance against the Pay Commission, as he had opted for revised scale of pay, as recommended by the Pay Commission on his own will and volition, though, he could very well not have opted for the revised pay, as recommended by the 4th Pay Commission, if he had thought that the recommendations of the Commission are adverse to his interests. Again, the Pay Commission is no more in existence and no relief could be sought against a body which is not in existence. Besides, Commission, too, is entitled to the principle of natural justice ad its recommendations cannot be challenged at this distance of time without it being on the party array, even assuming that there is merit in the challenge, though none.    

5.         Nevertheless, Division Bench of this Hon’ble Court, after hearing the matter, at considerable length was pleased to take a, prima facie, view that some conflicts do exist vis-à-vis the illustrations, supplied by the 4th Pay Commission and the body of its recommendations and, therefore, it is appropriate to require the Ministry of Defence to further clarify the matter by filing a further detailed affidavit. The instant affidavit is sworn to by me in respectful compliance of the aforesaid order of this Hon’ble Court.

6.         I submit with utmost respect that there is no conflict between the body of the order of the Pay Commission and the illustrations given. A little elaboration of the nature of the work, that was required to be undertaken by the Pay Commission and in particular of the conflicting and even competing claims between Govt servants in different spheres and the need to come out with a mechanism or policy that will not shatter the equivalence that needs to be maintained between civil servants and army personnel and that will do justice to all Govt servants, in different spheres, would elucidate the position.   

7.         The 4th Pay Commission, in its report, for the first time, introduced the concept of “Rank Pay” for Services officers from the rank of Captain to Brigadier, at different rates. The rationale behind the said recommendation was to extend the much needed succour to Army officers, who get stagnated at the maximum of their scale for want of promotional avenues. When the pay is fixed, taking into account, the rank pay, though promotion could not be given to such stagnated officers, pay progression is ensured. It is evident from the paragraphs 28.11-28.13 of the 4th Pay Commission’s report Part –I, Volume IV, which are reproduced below: -   

28.11.  It has been urged that the pay scales of Services officers should be determined with reference to the requirements of the Services. It has been pointed out that the nature of the cadre structure in services is different as the number selected for advancement in every rank is limited in view of the command and control structure of the Services. As a result, officers who cannot be promoted are entrusted with other assignments requiring skill and experience. It has been suggested that it will be desirable to provide necessary incentives to such officers also. In a rank oriented organisation like the Armed Forces, cadre reviews which result in upgradation of posts cannot always achieve the desired effect. It has been pointed out that although the cadre reviews have been carried out in the past brought some improvement in career progression of service officers, they created problems in the organisational structure. It has been emphasised that it is not possible to undertake any further large scale cadre reviews without unacceptable aberrations in the functional hierarchical structure. It has, therefore, been suggested that the pay structure for Defence services should be such that a fair share of the talent is attracted and kept motivated throughout the Service. In the joint proposals the Services have proposed a running pay band for all officers covering a time span of 33 years. Separate rank pays have been proposed for each successive rank on a cumulative basis. It has also been suggested that separate pay scales in respect of specialised cadres, flying branch in case of Air Force and aviators and submariners in the case of Navy may be dispensed with.      

28.12. We have given careful consideration to the joint proposals of the Services headquarters. We appreciate that the organisation structure and requirements of Services are different. We also think that the pay structure should be such that it makes armed forces attractive as a career and provides a reasonable pay progression to the officers of the Services. Taking all factors into account, we recommend the following integrated pay scale for all officers up to the rank of Brigadier and equivalent in the three Services: - 

                                    Rs 2300-100-4200-EB-100-5100

28.13. We also recommend that, in addition to pay in the above integrated scale, the following rank pays may be given to officers in the Army and their equivalents in the other Services: -

                                                Rank                                                   Amount of rank pay
                                                                                                                        (Rs. p.m.)

                                                Captain and equivalent                                200
                                                Major  and equivalent                                  400
                                                Lt Col (Selection) and equivalent               600
                                                Col and equivalent                                        800
                                                Brigadier and equivalent                             1200


In Navy, a Captain, on completion of three years service in that rank, will draw the rank pay of Rs 1200/- p.m. recommended for Brigadier.

8.         The Government, however, accepted the recommendations of the 4th CPC with the following improvements as given below: -

4th CPC Recommendation

(a)       Integrated Pay Scale: An integrated pay scale of Rs 2300-100-4200-EB-5100 is recommended for all officers upto the rank of Brigadier and equivalent in the three Services including officers in the specialised cadres of AMC, ADC and RVC.

Decision of the Government

(a)       Accepted with the improvement as under: -

            Rs 2300-100-3900-150-4200-EB-150-5100

4th CPC Recommendation

(b)       Rank Pay - in addition to pay in the above integrated scale, the following rank pays may be given to officers in the Army and their equivalents in the other Services: -

                                                Rank                                                   Amount of rank pay
                                                                                                                        (Rs. p.m.)

                                                Captain and equivalent                                200
                                                Major  and equivalent                                  400
                                                Lt Col (Selection) and equivalent               600
                                                Col and equivalent                                        800
                                                Brigadier and equivalent                             1200


In Navy, a Captain, on completion of three years service in that rank, will draw the rank pay of Rs 1200/- p.m. recommended for Brigadier.

Decision of the Government

(b)       Accepted with improvement as under: -


                                                Rank                                                   Amount of rank pay
                                                                                                                        (Rs. p.m.)

                                                Captain and equivalent                                200
                                                Major  and equivalent                                  400
                                                Lt Col (Selection) and equivalent               800
                                                Col and equivalent                                        1000
                                                Brigadier and equivalent                             1200

9.         To further explain the position as to why Rank pay was first deducted from the emoluments of the officer and subsequently added, it is, respectfully submitted that the rationale lies with the recommendations of the 4th Pay Commission, in regard to the pay fixation formula, as given in paragraph 30.2 which is reproduced below: -

30.2. “We have given careful consideration to all these suggestions. Taking all factors into account we recommend that pay of employees may be fixed in the proposed scales of pay in the following manner: -“ 

(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

(c) amounts of first and second instalments of interim relief admissible on the basic pay referred to in (a) above


(ii)       In the case of employees who are in receipt of special pay in addition to pay in existing scale, and where the existing scale with special pay has been replaced by a scale of pay without any special pay, pay may be fixed in the proposed scale in accordance with the provisions of para graph 30.2 (i) above, except that in such cases, the term “existing emoluments” will comprise the following: -  

(a) basic pay in the existing scale,

(b) existing amount of special pay,

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

(d) amounts of first and second instalments of interim relief admissible on the basic pay and special pay under the relevant orders.

(iii)      In the case of employees, who are in receipt of special pay in addition to pay in existing scales and in whose case, special pay continues with the proposed scale of pay, either, at the same rate or at a different rate, the pay in the proposed scale may be fixed in accordance with the provisions of paragraph 30.2 (i) above excluding the existing special pay and the amounts admissible thereon such as dearness pay, additional dearness allowance and ad hoc dearness allowance. In such cases special pay at the new rate may be drawn in addition to pay in the proposed scale.  

(iv)      In the case of medical officers, who are in receipt of non-practising allowance, pay may be fixed in the proposed scale in accordance with the provisions of paragraph 30.2 (i) above except that in such cases, the term ‘existing emoluments” will not include ‘non-practising allowance’ at existing rates and will comprise only 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

(c) amounts of first and second instalments of interim relief admissible on t he basic pay and NPA under the relevant orders.
In such cases, NPA at the new rates may be drawn in addition to pay in the proposed scale.

(v)       If the pay of government employees gets bunched on fixation in the proposed scales, the pay in such cases may be stepped up in the manner provided under the Central Civil Services (Revised Pay) Rules, 1973.

10.       The 4th Central Pay Commission, also, recommended vide paragraph 28.113 of its report that “In chapter 30 we have recommended the method for fixation of pay in proposed scales for civilian employees. We recommend that the same method may be adopted for fixation of pay of armed force personnel, also. Since rank pay is a separate element for officers upto the rank of Brigadier and equivalent, the same may be taken into account while fixing pay in the integrated scale of pay recommended by us. An illustration, showing the pay in the integrated scale of pay for army officers of different ranks is given in Annexure 28.1. The following illustrations indicate the manner in which pay should be fixed for the Armed forces personnel.”  

11.       It is submitted that the benefit, intended by the Pay Commission, to be given to the Govt employees while transiting from old pay scale to the revised pay scale as on 1.1.1986 is 20% of the basic pay. This method of pay fixation is applicable to all Govt employees. This method of pay fixation is, equally, applicable in respect of services officers, as would be evident from para 28.113. The implication would be that in the case of the Services officers, also the benefit, intended by the Pay Commission as accepted by the Government, is 20% of the basic pay. To fall in line with the principle, the 4th Pay Commission also recommended that the rank pay recommended by them, in addition to integrated pay scale, would also be taken into account, while fixing the pay. This principle of taking such Rank Pay into account has been illustrated by the 4th Pay Commission in the manner indicated in the illustration offered by the Pay Commission, themselves. The very purpose of offering an illustration by the Pay Commission was to explain in the best way what does its recommendation mean and intended.       

12.       There is, therefore, no conflict between the ‘body’ of the recommendations and the ‘illustrations’ given.

13.       I, respectfully, submit that the explanation offered above would sufficiently clarify the points which this Hon’ble Court wanted the Ministry of Defence to clarify, It is, respectfully, submitted that this Hon’ble Court be gracious enough to allow the Appeal in the light of the clarification offered above with costs all throughout.   

Dated this the _________ day of December, 2000.

                                                                                                            Sd/------------
                                                                                                            (DEPONENT)

Solemnly affirmed and signed before me by the deponent above on this, the ________ day of December, 2000.

                                                                                                            (ADVOCATE)

* * * * *