Page 101
Office of the CGDA, Ulan Batar Road, Palam, Delhi
Cantt - 10
FAX Message
No. AT/I/1483-Army/X(PC)/III Dated:
16/11/2012
To
1. Smt Manjula Mathur, IDAS
Principal
Controller
O/o
the PCDA (O)
Pune
2. Shri Savitur Prasad, IDAS
Principal
Controller
O/o
the PCDA (Navy)
Mumbai
3. Shri A N Das, IDAS
Controller
O/o the CDA (AF)
New
Delhi
Subject: Implementation of Supreme Court order
dated 4.9.2012 in Rank Pay given in IA No. 9 of 2010 in Transfer Petition (C)
No. 56/2007 – UoI Vs N.K. Nair on Rank Pay case
Please
find enclosed herewith a copy of MoD D (Pay/Services) ID bearing No.
PC-34(6)/2012-D(Pay/Services) dated 14/11/2012 forwarding DGL on the subject
alongwith copy of Note dated 07/11/12 of Service HQrs for your examination and
offering comments/views of your office by return fax.
Encls: (As above) Sd/---------
Jt
CGDA (AT-I)
16/11
Pages 105 & 106
FAX
Office of the JCDA (AF), Subroto Park, New Delhi –
110010
No. DCA/O-III/Misc- III/Vol III Dated
20 November 2012
To
CGDA
(Audit
–I Section)
Palam,
Delhi Cantt – 10
Sub: Implementation of Hon’ble Supreme Court order
dated 04/09/2012 in
IA No. 9 of 2010 in Transfer Petition I No.
56/2007 filed on behalf of
UoI Vs N K Nair & others on the matter of “Rank
Pay”
Ref: HQrs office letter No. AT/I/1483-Army.X/PC/III
dated 12/11/2012 and
16/11/2012
The
subject Draft DGL on the above subject has been examined and the following
comments are offered: -
(1) Hon’ble
Supreme court have delivered a judgment vide TP I No. 56/2007 dt 4/9/2012 for
implementation of judgment passed by Hon’ble High Court of Kerala, Ernakulam in
case of Maj Dhanapalan which provides that:
(i) The Rank Pay which was deducted from the
integrated pay scale and granted separately is not to be deducted from the
basic pay as was done in Govt orders. The Rank Pay will be in addition to the
Pay Fixed in the integrated pay scale i.e. after application of the fixation
formula, the pay so arrived will be, in addition, enhanced by the rank pay with
effect from 01.01.1986.
(ii) Hon’ble Court have also ordered to pay
interest @ 6% PA from 1/1/2006.
(iii) It will also result in re-calculation of
pension of post 1986 retirees, as well as revision modified parity for each
rank.
(2) The
DGL received from Service HQ on the subject contains the following proposals:
a. Re-fixing the pay with effect from
1.1.1986 without deducting the rank pay.
b. Revision of pay on 1.1.86, 1.1.96 and
1.1.2006 and payment of consequential benefits during service and post
retirement benefits.
c. Change/modification to the pay scale
structure on Ivth CPC and Vth CPC.
d. Change/modification in the grade pay in
Vith CPC.
(3) Recommendations
of IVth CPC: As per IVth CPC pay in the revised scale is to be fixed by adding
20% of basic pay to the emoluments of the officer and an amount equivalent to
the rank pay appropriate to the rank held by the officer as on 1.1.1986 shall
be deducted.
(4) Recommendation
of the Vth CPC: Under Vth CPC 40% of the Basic pay including stagnation
increments and rank pay in the pre-revised scale has been added to the
emoluments and again the rank pay appropriate to the rank held by the officer
on 1.1.1996 shall be deducted.
(5) In
Vith CPC, no element of rank pay was provided and new elements of Military
Service pay/Grade pay has been introduced.
(6) Views
of this office:
(a) After analysing the court judgment
vis-à-vis proposed DGL with reference to the Orders of the IVth CPC, Vth CPC
and VIth CPC the proposal made at Para 2 (c) & (d) above are not in
conformity to the Court order. Court order is only restricted to re-fix the pay
by adding to Rank Pay.
(b) Also,
as per the Court order only Rank Pay element w.e.f. 01.01.1986 (Fourth CPC),
01.01.1996 (Fifth CPC is to be admitted, instead of modifying the scale of
pay. Any anomaly arising out of such pay fixation have to be dealt with on
case to case basis.
Further Para 12 (d), (e) and (f) recorded by
Service Hqrs in note dated 7/11/2012 are not in consonance with the Court judgment.
CDA (AF) has seen.
Sd/-------------------
DCDA (AF)
Imp
Please
examine & put up
Sd/-------------
20/11/12
SAO/ACGDA (AT-I)
* * * * *
Pages 107 to 109
FAX/SPEED POST
No: IRLA/0/260
Office of the PCDA (N)
IRLA Sn. S B S Road
Mumbai – 400023
Dtd: 21/11/12
To
The CGDA
Ulan Batar Road, Palam
Delhi Cantt - 10
Sub: Implementation of Honourable Supreme Court Order dated 04-09-2012
in IA
No. 9 of 2010 in Transfer
Petition (C) No. 56/2007 – UoI Vs N K Nair and others
regarding Rank Pay
Ref: HQrs No. AT/I/1483-Army/C (PC) dated
16/11/2012
Copy of MoD D
(Pay/Services) ID bearing No. PC-34 (6)/2012 – D (Pay/Services) dated
14-11-2012 forwarding DGL on the subject along with copy of Services HQrs Note
dated 07-11-2012 received vide HQrs letter quoted above has been examined and
the following comments are offered.
1. The entire subject issue is regarding
fixation of pay under IVth CPC with regard to the inclusion or non-inclusion of RANK Pay only.
2. The fixation formula is as per Para 6
of Special Navy Instruction 1/S/87 dated 14.07.87 which is in pursuance of the
recommendation of IVth CPC and government decision thereon. The fixation
formula with regard to Rank Pay
as enjoined in para 6 of the special navy instruction 1/S/87 ibid has been
contested and operative part of judgment in Maj A. K. Dhanapalan case is as
follows: -
“The respondents no 2
and 3 are directed to re-fix the pay of the petitioner with effect from
1.1.1986 without deducting the rank pay of Rs 200/- as has been done by
respondents 2 & 3. The petitioner is also entitled to get his pay re-fixed
in accordance with the pay fixation of 1987 evidence by Ext. P1.”
3. It is very clear and unambiguous that
the judgment in the instant case relates to the modus operandi for taking into
account the element of rank pay in the formula for fixation of pay beginning
from 1.1.1986. At no stage in the operative part of the judgment, the Hon High
Court of Kerala have decreed on the need for revision of pay scale.
4. In the light of the judgment above
referred to, DGL has been examined and the following further comments are
offered.
a) Para
6 of the Note dated 7.11.12 recorded by the Service HQrs reads as follows:
“Clearly,
the court has held that ……….. civilian pay scale.”
The statement made in
said Para 6 of the Note that “Therefore the pay scales have to be amended and
enhanced by the amount of rank pay” is not tenable as it is not as per court
verdict.
As such proposing
revised integrated pay scale vide Para 4 of DGL is not in order, as it is out
of the ambit and against the acceptance of recommendations of the IVth CPC and
promulgated under special navy instructions of 1/S/87.
b) In
our view separate government sanction is required for revision of integrated
pay scales as the same does not form part of the implementation of court
judgment under consideration.
c) Similarly, the proposal for revision of
minimum pay in integrated pay scale vide Para 5 (3) of DGL does not arise and
not in order. The same view are applicable mutatis
mutandis on all aspects of revision proposed under section II and section
III of DGL.
5. To
sum up
i) The DGL should only be confined to
implementation directive on the mode of taking into account the element of rank
pay in fixation formula of IVth, Vth and VI CPC respectively. In other words,
Para 6 (a) (ii) of SNI 1/S/87 and Para 5 (a) (ii) of SNI 2/S/98 are only to be
modified and amended in consonance with HIGH COURT judgment dated 5.10.1998 and
no other provision in any of the SNI needs modification unless it is the
intention of the Govt to revise upwards the pay scales for giving enhanced
benefit which is more than that entails from the implementation of the Court
judgment.
ii) Proposal for revision of pay scales and
other allied matters are not in order and it is not the logical extension of
the judicial order as stated in Para 12 (f) of Note dated 7.11.12 being out of
the scope of the High Court judgment unless it is the express intention of the
Government to give enhanced benefit.
This has the approval of CDA.
Sd/-------------------
Dy Controller of Defence
Accounts (N)
* * * * *
Pages 110 to 115
BY FAX – 011-25675488
(Kind attention: Shri
Mohinder Singh IDAS
Jt CGDA, AT-I)
No: Tech/321/4CPC/Court
case
Office of the PCDA (O)
Golibar Maidan,
Pune 411001
Date: 21 Nov 2012
To,
The CGDA
Audit I Section, O/O CGDA,
Ulan Batar Road, Palam,
Delhi Cantt 110011
Sub: Implementation of Honourable Supreme Court Order dated 04-09-2012
in IA
No. 9 of 2010 in Transfer
Petition (C) No. 56/2007 – UoI Vs N K Nair and others
on Rank Pay case:
Ref: HQrs
No. AT/I/1483-Army/C (PC) dated 16/11/2012 & MoD ID No.
PC-34(6)/2012/D(Pay/Services) dated 14/11/12 received vide letter ibid.
Contents
of the Note dated 7/11/12 recorded by service HQrs and DGL submitted alongwith
the same have been examined and the following is stated: -
(A) The Hon’ble Supreme Court Order dated
04/09/12 is to refix the pay of all similarly situated officers w.e.f. 01/01/86
without deducting Rank Pay, where pay was earlier fixed in integrated pay scale
after deducting Rank Pay as per SAI 01/S/87. This involves pay revision as on
01/01/86 and thereafter based on the pay so revised , further increment(s),
stagnation increment(s), pay revision on subsequent promotions/demotions, pay
revision on Fifth & Sixth Pay Commission etc will be carried out.
(B) (a)
While implementing the High Court of Kerala verdict in case of Maj (Retd)
Dhanapalan, this office has revised his pay in the rank of Capt as on 01/01/86
by re-fixing without deducting Rank Pay. The change in pay continued till
31/12/95. His pay as on 01/01/96 was fixed at the same stage, as per earlier
revision on Fifth Pay Commission Orders.
(b) The High Court order was silent about
revision of pay based allowances. Maj
Dhanapalan was admitted arrears of DA and IR II only amongst the pay-based
allowances with reference to revised basic pay fixed as per Court order.
(c) The officer has retired pre-maturely on
01/09/07. Since there was no change in last pay drawn at the time of pre-mature
retirement, no arrears on account of leave encashment were due to him. Also, no
amendment to LPC-cum-Data Sheet was issued by PCDA (P), Allahabad for revision
of pension and pensionary benefits.
(d) Maj (Retd) Dhanapalan claimed the
revision of pay as on 01/01/96 consequent on Fifth pay Commission, without
deducting Rank pay. He was informed that the High Court judgment was for not deducting Rank pay as on 01/0186 ad not
as on 01/01/96. No further communication was received thereafter from him
and also no directives/orders were received from High Court to justify the
claim of the officer.
(C) Service HQrs have stated in their Note
that DGL proposed is based on the import of the Hon’ble Supreme Court judgment.
However, the following points
incorporated in the DGL are not in the scope of Hon’ble Supreme Court judgment.
(i) Para 2: High Court of Kerala and Hon’ble
Supreme Court judgments have made no
mention about admitting consequential benefits due to revision of pay
during the service.
(ii) Para 2: Pay of the officers who joined
service after 01/01/86 has been correctly fixed in the minimum of Integrated
Pay scale as per the rank held. There
was no deduction of Rank Pay while fixing of pay in integrated pay scale. Hence
they will not be covered under revision of Pay as SC Order.
Section I: Modifications effective from 01/01/86 to
31/12/95 to SAI 01/S/87: -
(iii) Para 4: High Court of Kerala judgment is
to re-fix the pay in integrated pay scale without deducting Rank pay. Further,
Rank pay is to be paid additionally. It means after adding 20% of Existing
Basic Pay as fitment to the total emoluments the officer was drawing in the
pre-revised scale, the revised pay si to be fixed in the Integrated Pay
scale.
Note of Service HQrs
states about revision of Integrated Pay Scale justifying it with essential
features to be borne in mind is “the
incorrect deduction of Rank pay will have to be rectified. The Rank pay
accordingly will have to be added back into the pay scale to determine new
pay.” THIS IS INCORRECT AND NOT AS PER COURT ORDER.
The Court judgment
does not have any mention about revision of Integrated Pay scale after adding
Rank Pay to it. Hence revision of
integrated pay scale with changed rates of increments, as Rs
2300-100-3900-150-150-5850-200-6450 is not covered as per Court orders. Further,
if it is done, the pay scale fixed for
the rank of Maj Generals & above will get burst (pay scale for Major
Generals: Rs 5900-200-6700; Lt Generals: Rs 7300-100-7600, Army Commanders
& VCOAS: Rs 8000/- Fixed, and COAS : Rs 9000/- Fixed). These officers will
also ask for revision of pay scales.
(iv) Para
5 (a) (iii): No change is required to minimum pay fixed for each rank because
integrated pay scale from Rs 2300-100-3900-150-EB-4200-150-5100 has been devised
considering 23 years from the rank of Lt to Brig. Since Hon’ble Supreme Court has not issued any directives for revision
of Integrated Pay scales as per Fourth Pay Commission Orders, the change in
minimum pay for each rank has no relevance.
(v) Para 5 (c) : Since officers commissioned after 01/01/86 are not affected by the Court
order, the provisions for revision of
pay as per court order cannot be made applicable to these officers.
(vi) Para 5 (d) & (e): The officers will be
entitled to get minimum pay of rank as per SAI 01/S/87 on completion of qualifying service for the
rank and on promotion. Pay proposed in DGL vide Para 5 (a) (iii) will not be
applicable in such cases.
Section II: Modifications
effective from 01/01/96 to 31/12/05 to SAI 01/S/98
(vii) Para 6 (a):
High Court of Kerala has not issued any directives for Change in Pay
Scales as per Fifth Pay Commission Orders. The pay of affected officers as on
01/01/96 will be revised, considering the pay in the Integrated scale being
drawn as on 31/12/95, consequent upon the revision carried out as on 01/01/86
without deducting Rank Pay. Hence, no
amendment to SAI 02/S/98 are required for implementation of Court Order. Captains
of AMC on completion of one year will draw Rs 9600/- as per SAI 02/S/98.
Further provisions
mentioned at subsequent para 8 (c) & (d) regarding fixation of pay at
maximum and minimum of such changed pays scales become irrelevant.
(vii) Para 7: Since the provisions of SAI 02/S/98 stand correct for officers in service as on 01/01/96
& commissioned thereafter, the pay scales mentioned at Para 6 of DGL
becomes irrelevant.
(ix) Para 8 (b): Fixation of initial pay in
revised scales as on 01/01/96:
(Notation by hand by some official of O/O CGDA
at the top of page 112 – “Each Pay Commission is separate entity. Moreover
the Rank Pay of V CPC allowed not to be deducted by the Hon’ble Supreme Court
is in any case would be included while fixing ch pay in V CPC.” Notation ends).
Neither High Court of
Kerala nor the Hon’ble Supreme Court has issued any directives for revision of
Pay Fixation Formula as per Fifth Pay Commission Orders for not deducting Rank
Pay. As per Fourth pay Commission Orders Rank Pay was introduced for the first
time which was in addition to integrated Pay Scale.
But at the time of Pay
revision on Fifth Pay Commission orders, officers were in receipt of Rank pay
which was treated as part of Basic Pay for all purposes including pension &
retirement and pensionary benefits. For revision of Pay as on 01/01/96, 40%
fitment was allowed to be added to existing emoluments before deducting Rank
Pay at pre-revised rates while fixing pay in the revised scale for that
rank.
(x) Minimum Pay for bunching of increments:
All the provisions of SAI 01/S/87 regarding pay scale, minimum qualifying
service and minimum pay for each rank etc are applicable for pay revision to be
carried out on 01/01/1996, except the
clause of deducting Rank pay before fixation of pay in the integrated scale.
As such, revision of Pay scales for the rank of Lt to Brig as mentioned at
Section II, para 6 (a) and minimum stage of pay for bunching of increments for
each rank mentioned at para 8 (e) becomes irrelevant.
Section III: Para
9: Modifications effective 01/01/06: -
(xi) As mentioned in earlier paras, in case the
pay being drawn by the officer as on 31/12/05 gets affected, due to the pay
revision carried out as on 01/01/86 as per Court Order, the pay as on 01/01/06
will be revised w.r.t. the instructions laid down vide SAI 01/S/08 in the
respective Pay Band with Grade Pay of that rank as mentioned in Fitment Tables,
attached thereto. Court order does not
have any mention to revise either the pay scales & rates of increments
mentioned as per Fifth Pay Commission or Grade pas as per Sixth Pay Commission,
as given at Col 3 & 7 respectively at Table under para 9. Comparison with
pay scales & rates of increments of similarly placed civilians is also
beyond the scope of court order. Hence the changes proposed at para 9, 10
& 11 are irrelevant.
(xii) Para 13: The Court order is applicable to
only those officers in the rank of Capt to Brig, who were in service as on
01/01/86 and their pay was fixed in integrated pays scale after deducting Rank
Pay from the total emoluments. Hence no
revision is to be carried out for officers commissioned thereafter.
(xiii) Para 13: The method of calculation of 6% interest i.e. simple or
compound needs to be explained in the DGL since in certain cases arrears may
work out after 01/01/06 also.
(xiv) Paras 14,15, & 16: Exercising of Option:
Considering the non-availability of date related to pay drawn and other
elements affecting pay entitlements in huge number of cases, due to destruction
of time expired records and also the time span involved in each case for scrutiny
and analysis of pay data with reference to different dates i.e. increment,
promotion etc at three occasions of Pay Commissions and subsequent multiple
promotions, to ascertain/decide the manner/option for pay fixation by PCDA (O)
which is most beneficial to officer if not exercised by him/her and also pay
revision with reference to fresh options if exercised by the officers on each
occasion will not be possible.
(xv) Para 18: Hon’ble Supreme Court’s verdict has no mention about revision of all
pay linked allowances simultaneously. Further, Maj Dhanapalan was paid only DA
& IR II amongst pay based allowances.
In a
nutshell,
This office has implemented the judgment of Hon’ble
High Court of Kerala in case of Maj (Retd) Dhanapalan as mentioned at para (B)
ante. Going by the method followed in implementation of that order, the
revision of following is not at all covered under the scope of Court Orders
a. Integrated
Pay Scales, rates of increment, minimum pay for each rank for IVth Pay Commission orders,
b. Pay
scales for each rank & rates of increment for Vth Pay Commission orders,
c. Grade
pay as per Sixth Pay Commission.
Certain
pay based allowances like HRA etc admitted to only eligible officers, subject
to fulfilment of specific conditions for a particular period, are not revised
even during pay commission orders from retrospective dates. Hence, question of
revision of such allowances from retrospective dates does not arise.
(D) The DGL does not have mention about the
procedure to be followed for revision of pay and calculations or arrears where
pay details and other information affecting pay entitlements is not available
due to destruction of records being time expired.
PCDA has seen Sd/----------------
S
P Singh
Dy
Controller
* * * * *
Note 8
Subject: Implementation of
Hon’ble Supreme Court order dated 04/09/2012 given in IA No. 9 of 2010 in Transfer Petition (C) No.
56/2007 filed before Supreme Court on
behalf of UOI Vs. N. K. Nair & Others: vetting of DGL regarding
Ref
Note ante.
Placed
opposite is MoD, D (Pay/Services) ID bearing No. PC – 34 (6)/2012-
D(Pay/Services) dated 14/11/2012 forwarding DGL for implementation of the
subject judgment alongwith a copy of Note dated 07/11/2012 recorded by Service
HQrs for perusal please. The MoD has desired comments/vetting of the proposed
DGL by this HQrs office.
2. The
DGL was forwarded to PCDA (O), PCDA (N) and CDA (AF) New Delhi for comments
vide this HQrs letter dated 16/11/12. The comments have now been received from
PCDA (O) Pune letter dated 21 Nov 2012, PCDA (Navy) letter dated 21/12/2012 and
CDA (AF) letter dated 20 November 2012 which are also placed opposite (P Numbers not indicated but references used
are F/D, F/C and F/B respectively).
3. Before
offering our comments/vetting, the vital issues proposed in the DGL which are
not within the scope of the judgment needs to be examined vis-à-vis comments of
the Controllers on these issues. These issues are as under: -
(a) Currency proposed w.e.f. 01/01/1986 to
31/12/1995 with reference to currency of fourth CPC (para 2 to 5 of DGL):
(i) Proposed changes in the Integrated Pay
Scale and rates of increment approved during the implementation of fourth CPC,
(ii) Proposed changes in the minimum pay
admissible to the ranks of Capt to Brig in the integrated Scale approved during
fourth CPC and the other issues related thereto,
(iii) Proposed applicability of the ibid Court
Order to officers who joined service after 01/01/1986
(b) Changes
proposed w.e.f. 01/01/1996 to 31/12/2005 with reference t0 currency of fifth
CPC (para 6 to 8 of DGL):
(i) Proposed changes in the revised Pay
Scales approved for the ranks of Capt to Brigadier during the implementation of
fifth CPC,
(ii) Proposed change in the fixation formula
as on 01/01/1996 which involves re-fixation without deducting the Rank Pay in
the same way as has been allowed after the Court Order as on 01/01/1986 and
other issues related thereto.
(c) Changes proposed w.e.f. 01/01/2006 with
reference to sixth CPC (para 9, 10 & 11 of DGL):
(i) Proposed changes in the Grade Pay
approved for the ranks of Capt to Brigadier during sixth CPC,
(ii) Proposed corresponding changes in the
fixation table for regular as well as AMC/ADC/RVC officers.
(d) Provision regarding providing option as
proposed in Para 14, 15 & 16 of the DGL
(e) Payment
of consequential arrears on account of revision of pay based allowances
retrospectively (Para 18 of DGL)
(f) Method
of payment of interest i.e. whether simple or compound (Para 13 of DGL)
4. At
the outset, the underlying principles of the whole issue as decided by the
Court need to be mentioned. The Hon’ble Supreme Court in its judgment dated
08/03/2010 has initially mentioned that “The prayer in these writ petitions
under Article 32 of the Constitution is for grant of benefits awarded by a
learned Single Judge of the Kerala High Court vide his judgment dated
05.10.1998 in O.P. 2448/1996….” and the upheld the judgment dated 05/10/1998 of
Kerala High Court. Upon further hearing the Hon’ble Apex Court in its final
judgment dated 04/09/2012 has affirmed its earlier judgment dated 08/03/201
clarifying that “….this order shall govern all similarly situated officers…”
with modification in the interest part. Accordingly, and as also opined by MoF
as quoted in Para (b) (iv) of MoD, D (Pay/Services) ID dated 12/11/2012 on the
subject, the ibid judgment is required to be honoured on the same basis as
implemented in case of Major (Retd) A K Dhanapalan. If extended benefits are
allowed, it may not stand in audit.
5. It
may be seen from the above letters of Controllers that there is uniformity in
views of the three Controllers on all issues mentioned in Para 3 above except
the issue at Sl. No. 3 (b) (ii) ibid. This issue is regarding fixation of
initial pay in the revised scale as on 01/01/1996 as proposed at Para 8 (b) of
the DGL. There is difference of opinions in Controller offices on this issue.
The PCDA (N) Mumbai and CDA (AF) New Delhi are of the view that the benefits as
allowed after the Court Order during fourth CPC need to be allowed at the time
of implementation of 5th CPC. However, the PCDA (O) has stated that
neither High Court of Kerala nor the Hon’ble Supreme Court has issued any
directives for revision of Pay Fixation Formula as per Fifth Pay Commission
orders for not deducting Rank Pay. They have also mentioned that while
implementing the judgment in the case of Maj (Retd) Dhanapalan his pay was
revised in the rank of Capt as on 01/01/1986 by re-fixing it without deducting
Rank Pay. This change in pay continued till 31/12/1995 and fixed on the same
stage as on 01/01/1996 as per 5th CPC orders also. On representation
from Maj (Retd) Dhanapalan for revisions of pay as on 01/01/1996 consequent to
5th CPC without deducting Rank Pay, he was informed by PCDA (O) that
High Court judgment was for “not deducting Rank Pay” as on 01/01/1986 and not
as on 01/01/1996. No further communications was received thereafter either from
the officer or any directive from High Court to justify the claim of the
officer. Keeping in view the underlying principles of the matter, the court
order is required to be implemented to all similarly situated officers in the
same way was done in the case of Maj Dhanapalan. They have further argued that
as per Fourth Pay Commission orders, Rank Pay was introduced for the first time
which was in addition to Integrated Pay Scale. But at the time of pay revision
on Fifth Pay Commission orders, officers were in receipt of Rank Pay which was
treated as part of Basic Pay for all purposes including pension, retirement
& pensionary benefits. For revision of pay as on 01/01/1996, 40% fitment
was allowed to be added to existing emoluments before deducting Rank Pay as
pre-revised rates while fixing pay in the revised pay scale for that rank.
Thus, the views expressed by PCDA (O), who implemented the original order in
the case of Maj Dhanapalan, are reasonable. Therefore, if agreed to, we may
support the views of PCDA (O) on this issue and may offer our comments
accordingly.
6. Keeping
in view the above facts and based on the comments from the Controllers offices,
Draft comments on the DGL have been attempted and is placed opposite for
perusal and approval please.
Submitted
please
Sd/---------------
21/11
SAO (AT-I) Sd/----
21/11
ACGDA (AT-I) Sd/------- 22/11
Jt CGDA (AT-I)
* * * * *
MOST IMMEDIATE
MOST IMMEDIATE
COURT CASE
Ministry of Defence (Finance)
(AG/PA)
Sub: Implementation of Supreme Court Order dated
04.09.2012 in Rank Pay matter given in IA No.9 of 2010 in Transfer Petition ©
No. 56/2007 – UoI v/s N. K. Nair on Rank Pay case – Reg.
This
is in continuation of this Division’s ID Note of even No. dated 20th
November 2012 (Copy enclosed). The issues were discussed in a meeting convened
by AS (A) in his chamber at 16.30 hrs on 20th November 2012 where
representatives of concerned Agencies/Departments were also present. AS (A)
desired that the interim orders may be issued by JS (E) for indicating
Government intention for implementing Supreme Court order. He also desired that
comments of CGDA and MoD (Fin) on the DGL should be obtained by 21st
November 2012.
2. It may be mentioned that vetting of DGL
by MoD (Fin) may be undertaken holistically on the receipt of comments of CGDA
which may be provided to this Division by MoD immediately on receipt. Meanwhile our provisional comments in addition to
those already mentioned at Para 3 of ID Note ibid are as under: -
(i) The
new integrated pay scale (Rs 2300-100-3900-150-5820-200-6450) proposed for the
4th CPC dispensation is not in conformity with the existing
Government instructions in respect of 4th CPC since it seeks to
raise the upper limit of existing integrated pay scale substantially. Instead
of raising upper limit, it will be appropriate that the amount above Rs 5100/-
(existing upper ceiling) may be treated as Personal Pay. It is also seen that
the minimum pay in the new integrated pay scale of the various ranks has also
been proposed to be enhanced (e.g. for Brigadier/equivalent, it is proposed to
be enhanced from Rs 4950 to Rs 6250). This does not seem to be justified.
(ii) The
new pay scales/grade pay proposed in the 5th CPC as well as for 6th
CPC dispensations, for different ranks (Lt/equivalent to Brigadier/equivalent)
also do not appear to be acceptable as the same will be over and above the
recommendations made by the 4th CPC as well as the 5th
CPC.
(iii) However
in the 5th CPC dispensation, the formula of pay fixation may be
amended in the same way as being done for the 4th CPC i.e. the Rank
Pay should not be deducted first for calculating the pay in the same way as
done in the case of 4th CPC as per Supreme Court order dated
04.09.2012
Sd/----------------------------
21/11/2012
(B. K. Mukhopadhyay)
JS & Addl FA (M)
JS (E)
MoD (Fin) ID No. 8 (13)/2012-AG/PA
dated 21st November 2012
Copy for kind perusal
of AS(A)
Sd/- 22/11/2012
AS (A) Sd/------
JS (E) Sd/------ 22/Xi
Dir (AG-I) Sd/------
23/11/12
SO/PS Sd/----------- 23/11
* * * * *
It is a matter of great shame that the Babus sitting at CGDA and PCDAs are trying to harm the interest of defence officers, whereas they get paid for protecting that. Can there be any bigger dereliction of duty than this. Shame on the Govt which has taken no action to protect interest of the defence forces.
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