CGDA Reply dated
25062013 to RTI of 13032013 – Part 3
Page No. 254 – PCDA (O) letter to CGDA enclosing a format
for calculation of arrears
* * * * *
Page 255
Government of India
Ministry of Finance
Department of
Expenditure
Reference:
Notes of Ministry of Defence on pages 83-84/N of File Number
34(6)/2012/D(P/S)
and note of MoD (Finance) on page 11/N
of
their file Number 8 (13)/2012-AG/PA
The
Draft Government Letter proposed by the Ministry of Defence to implement the
order of the Hon’ble Supreme Court dated 4-9-2012 in IA No. 9/2010 (Rank Pay
Case), is being processed for appropriate approval in this Ministry.
2. The matter was discussed with Director, Shri
Praveen Kumar, Ministry of Defence on 13-12-2012 (between 4.30 PM and 5.30 PM)
to get clarifications on certain aspects of the draft Government Letter to
process the case urgently. However, two issues relating to the Draft Government
Letter proposed by Ministry of Defence could not get clarified. Therefore, in
order to accord perfect clarity on the issue within the orders of the Hon’ble
Supreme Court, Ministry of Defence is requested to clarify the following
points:
(i) In para 3 (b) (iv) of this Ministry’s
Note of even number dated 9-11-12, Ministry of Defence was requested to provide
a copy of the Government’s sanction issued for the purpose of implementation of
the Hon’ble Kerala High Court’s order dated 5-10-1998 in respect of the case of
Shri Dhanapalan. However, a copy of this order has not been provided. The same
may be provided urgently.
(ii) In para 2 (c) of the Draft Government Letter, the proposal is
to protect pay in the form of personal pay. The term “pay” for this purpose may
be clearly provided within the definitions used in the relevant SAI of 1987.
Also, some illustrative examples of actual cases where the protection is being
intended by Ministry of Defence, may also be provided so that the issue could
be understood in a better perspective.
This
may be furnished by 11 AM on 14-12-2012.
Sd/----------------
Amar Nath Singh
Deputy Secretary
(E-III-A)
1. Shri Praveen Kumar, Director, Ministry of Defence
2. Shri B. K. Mukhopadhyay, JS & Addl FA (M), Ministry
of Defence
Ministry of Finance (Dept of Expr) I. D. No. 209753/E-III
(A)/12 dated 13-12-2012
Please
clarify the above points.
Sd/---------------
(Praveen
Kumar)
Dir
(AG-I)
Jt CGDA (AT-I) 12.12.12
(?)
As told by Sh Praveen Kumar,
Director, MoD on phone, point (ii) only is to be examined by us. Sd/--------------
SAO (AT-I)
* * * * *
Page No. 256 – the
same as Page number 255 but with the following notations
CGDA
Jt CGDA – Sh Mohinder Singh
Kindly provide point-wise clarification duly vetted by Def
(Fin) by 14/12/12, 11 a.m. since the same has to be furnished to MoF.
Sd/------------
13/12/12
(Praveen Kumar)
Director AG-I
MoD
CGDA Sd/---------
AD
14 Dec 12
Addl CG (VS)
Sd/--------------- 14/12
Jt CG (AT-I)
* * * * *
Page No. 257 – Intimation vide
MoD ID PC. 34(6)/2012-D (Pay/Services) dt 14.12.2012 to JS & Addl FA (M) and Jt CGDA (AT-I) of
meeting with Dy Secy Dept of Exp at 1445 hrs on 14.12.2012 in Room No. 74,
North Block.
* * * * *
Page No. 258 – same as Page no. 255 but with following
noting by JS & Addl FA (M)
Ref Notes
above.
FA
(DS) has been apprised by me of above on phone.
2. M/O Finance
has called in a matter with MoD, Def (Fin) and CGDA at 1445 hours at Room 74
(C) North Block.
3.
As desired by FA (DS), grateful if some rep may
kindly be sent to MoF for this purpose, we’d be grateful.
Sd/--------------
14/12/2012
B K Mukhopadhyay
Addl FA & JS
Addl CGDA (Madam V Shrivastava)
* * * * *
Page Nos 259 & 260 – Draft of letter & enclosure
fair of Page Nos 261 & 262
* * * * *
Page Nos 261 & 262
Office of the CGDA, Ulan Batar Road, Palam, Delhi Cantt - 10
Subject:
Implementation of Hon’ble Supreme Court Order dated 04/09/2012 in
IA
No. 9 of 2010 in Transfer Petition No. 56 of 2007 filed on behalf of
UoI
Vs N K Nair & Ors on the matter of Rank Pay
Reference:
MoF, department of Expenditure ID No. 209753/E-III (A)/12 dated
13/12/2012 addressed to MoD (Fin)
and MoD D (Pay/Services) passed on to this office for clarification.
As
regards Para 2 (c) of the DGL containing provision of personal pay, it has
already been stated in our UO dated 01/12/2012 that as per Para 6 (c) of SAI
1/S/87 if the maximum of the revised scale, the pay is to be fixed at maximum
of the revised scale. There is no provision in this clause to allow the excess
amount as personal pay (to be absorbed in future increases in pay if not
approved otherwise by the competent authority). Therefore, it has been
suggested to MoD (Fin) (as desired by them) in our above UO dated 01/12/2012
that if any protection is to be given, suitable amendment in the provisions of
Para 6 (c) of SAI 1/S/1987 and corresponding provisions of SNI & SAFI would
be required.
2. Subsequently, it was directed by MoD (Fin) in their UO dated
10/12/2012 to incorporate in the DGL the element of personal pay, if any, when
the pay fixed as per Supreme Court order crosses the maximum of the pay scale.
Accordingly, a DGL was revised duly incorporating the provision of personal pay
with indication in the forwarding memo vide this HQrs UO dated 10/12/2012 that
as per FR that personal pay is normally absorbed in future increases of pay
unless it is decided otherwise by the competent authority.
3. However, in
regard to query raised in para 2 (ii) of the MoF ID referred above, it may be
stated that protection of pay in the above context is ‘basic pay’ only. In this
regard Para 2 (a) of SAI 1/S/1987 may be referred, which stipulates as under:
“Basic pay”
means pay in the pay scale of the rank. It does not include flying pay,
qualification pay, technical pay, personal pay or any other type of special
pay.”
4. As desired, an illustrative example of a case is appended at
Annexure ‘A’. MoD (Fin) is requested to examine the issue accordingly and take
action.
Addl CGDA
(VS) has seen.
Sd/-----------
J P Kukade
Sr. Accounts Officer
(AT-I)
Phone No. 011-25665580
Sh B K Mukhopadhyay
JS & Addl FA (M)
MoD (Finance) (AG/PA)
New Delhi
---------------------
UO No. AT/I/1483-Army/X(PC/III dated 14/12/2012
Annexure A
Pay Fixation of Army Officer under 4th CPC Scale
Rank :
Brigadier
Old Pay Scale (3rd CPC) :
2200-100-2400
New Scale
(4th CPC – Integrated Pay Scale 2nd Lt to Brig) : 2300-100-3900-150-4200-EB-150-5100
1. Old
Basic Pay :
Rs 2300
2.
DA/ADA/Ad hoc DA at Index average 608 :
Rs 2139
3. IR
(I+II) :
Rs 330
4. Existing
Emoluments (1+2+3) :
Rs 4769
5. Add 20%
of Basic Pay :
Rs 460
6. Total :
Rs 5229
7. Pay to
be fixed as per para 6 (c) of SAI 1/S/87 :
Rs 5100 (maximum of scale)
8. If it is decided by the Competent Authority to grant
personal pay in the above case, then the PP would be (6-7) :
Rs 129
9. In the above case, the pay fixed would be as under:
Basic Pay :
Rs 5100
Personal
Pay :
Rs 129 (to be absorbed in future increases in the pay if not decided otherwise
by the competent authority)
Rank Pay :
Rs 1200
Please examine
Sd/---------
AFA (AG)
* * * * *
Page No. 263 – Letter B/25511/AKDP/AG/DV-5/PS-3 dated 26 Aug
2005, subject: Charged Expenditure – Payment of arrears to Maj A K
Dhanapalan
* * * * *
Page 264
Government of India
Ministry of Defence
D (Pay/Services)
Subject:
Implementation of the Hon’ble Supreme Court order dated 04.09.2012 in the Rank
Pay matter - regarding
Reference
observations raised vide MoF ID No. 209753/E.III (A)/12 dated 13.12.2012 in the
above case. The point-wise clarifications as sought by MoF are as under: -
(i) For implementation of Kerala High Court
order dated 5.10.1998 in OP No. 2448/96 filed by Major (Retd) A K Dhanapalan Vs
UoI & Ors, the requisite sanction orders were issued vide AG’s Branch/AHQ
letter dated 26.8.2005 (Copy enclosed). No separate orders were however issued
by MoD.
(ii)
In SAI and corresponding Navy and Air Force
Instructions of 1987, the definition of Basic Pay will also stand amended to
include the Personal Pay [as indicated in Para 2 (c) of the proposed DGL], for
treating the same as Basic Pay for re-fixation of Pay as per Court orders. As
desired by MoF, an illustrative example showing the treatment of Personal Pay
in 4th CPC in the integrated Pay Scale in the rank of Brigadier is
also enclosed herewith, as furnished by O/o CGDA vide their UO Note dated
14.12.2012.
Sd/------------------------------
(Praveen Kumar)
Director (AG.I)
Shri A N Singh, Deputy Secretary (E-III-A), M/o Finance,
New Delhi
MoD ID Note 34 (6)/2012 – D (P/S) dated 14.12.2012
Page No. 265 – FAX transmission sheet
* * * * *
Page Nos. 266 to 271 – Revised DGL incorporating points that
arose in the meeting taken by Defence Secretary.
* * * * *
Pages 272 to 277 (duplicated in page Nos. 278 to 283) – MoF,
DoE, ID No. 187654/E-IIIA/2012 dated 17.12.2012
from Dy Secy to Addl Secy (A) in MoD, suggesting a fresh construction of
Para 1 to 2 (e) in the DGL furnished by CGDA. The suggestions were approved by
Finance Secretary and agreed to by MoD (Fin).
* * * * *
Page Nos. 284 to 293 – Furnishing
of Revised DGL incorporating MoF suggestions and Confirmation by O/o CGDA vide
UO No. AT/I/1483-Army/X (PC)/III dated 18/12/2012 of the veracity of payment of
Rs 28031/- to Maj (Retd A K Dhanapalan and also the month-wise work sheets of
calculations
* * * * *
Page Nos. 294 to 311 – MoD letter of 26.11.2012, forwarding
of the same to PCDA (O), PCDA (N), CDA (AF), Army, Navy & AF HQ, more
copies of the DGL and certificate of veracity of payment of Rs 28031/- to Maj
(Retd) A K Dhanapalan.
CONCLUDED
No comments:
Post a Comment