Wednesday, 7 August 2013

Reply from CGDA - Part 3 (Concluded)

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

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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.
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.
                                                                                                                        (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/--------------

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 Page No. 256 – the same as Page number 255 but with the following notations

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.
(Praveen Kumar)
Director AG-I
CGDA             Sd/---------
14 Dec 12

Addl CG (VS)            Sd/--------------- 14/12

Jt CG (AT-I)

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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.
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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.

B K Mukhopadhyay
Addl FA & JS
Addl CGDA (Madam V Shrivastava)
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Page Nos 259 & 260 – Draft of letter & enclosure fair of Page Nos 261 & 262
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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.
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

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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 

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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.

(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
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Page Nos. 266 to 271 – Revised DGL incorporating points that arose in the meeting taken by Defence Secretary.
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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).  
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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  
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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.  


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