RANK PAY CASE – THE ORIGINAL/FIRST CONTEMPT OF COURT

RANK PAY CASE – THE ORIGINAL/FIRST CONTEMPT OF COURT

In the different blogs, but mainly on RDOA’s blog, I read the insistent clamour for instituting a case for Contempt against the MoD for not honouring the Hon’ble Supreme Court’s verdict dated 04 Sep 13 in letter and spirit. 

In this clamour, many of us have lost sight of the fact that MoD committed the first contempt of Court way back on 19^th December 1997 by promulgating SAI/SNI/SAFI No. 2/S/98 when the matter whether deduction of Rank Pay for re-fixation was pending a judicial pronouncement in the Hon’ble High Court of Kerala. Readers of this and other blogs would recall that the Hon’ble High Court pronounced the its judgment on 05 Oct 98 and the Division Bench upheld that judgment on 04 Jul 03.   

Curious to know the manner it (ibid SAI) was done, I filed a request for information dated 26^th March 2013. MoD vide its letter F No. 35(1) 2013 – D (Pay/Services) dated 26^th April 2013 stated that it did not possess any records of having taken up the matter with the Hon’ble Court nor conveying, as MoD was the main Ministry, to the MoF or DOP&T or even the 5^th CPC that the impugned methodology incorporated in the 5^th CPC Report was sub-judice.  MoD however presented me with photocopies of its affidavits in the Hon’ble High Court of Kerala (reproduced in the next post)..

Then I requested on 20^th May 2013 to be provided the information from the files that cited two file references in the ibid SAI. On 14^th June 2013, I have received the following reply vide No. PC-35(1)/2013/D(Pay/Services) dated 3^rd June 2013: -

“Sir,

            This has reference to your application dated 20.5.2013 received in this section on 23.5.2013 & MoD ID Note of even number dated 28.5.2013 addressed to AFA & CPIO Defence (Finance AG/PA) with a copy to you on the above subject.

2.         AFA & CPIO, Defence (Finance AG/PA) vide his communication dated 28.5.2013 has informed that MoD (Finance AG/PA) is not having any file pertaining to issuance of SAI/SNI/SAFI 2/S/1998. The concurrence given by this division will be available/recorded on MoD file No. 1/21/97/D(Pay/Services). The file of MoD has been sent to Ministry of Finance (Deptt. of Expenditure) alongwith Air HQ file as indicated in Para 3 of MoD ID Note dated 28.5.2013 on 6.5.2013 for their advice in another matter (pertaining to issue of corrigenda). They have further stated that MoD (Pay/Services) may therefore like to furnish requisite information to the applicant directly.”    

3.         In view of the position explained above, your application dated 20.5.2013 will be processed further only after return of above mentioned MoD file from Defence(Finance)/MoF.

4.         The Appellate Authority is Shri Praveen Kumar, Director (AG-I), Ministry of Defence, Room No. 103, Sena Bhavan, New Delhi.

Sd/----------------

P. S. Walia

Under Secretary & CPIO.