RTI to MoF and Reply: CGDA's Comments
Please see table below and co-relate for information
available else where on Aerial View which is not typed here
|
Page No(s)
|
Subject
|
Annexure No
|
Whether
included in this post
|
|
546-566
|
MoF, Deptt of Expenditure ID Note No. 187654/E.IIIA/2012
dated 5.7.2013
|
-
|
Yes
|
|
567-569
|
Resolution 9E of the GoI approving 4th CPC
recommendations
|
3
|
No
|
|
570-590
|
SAI No. 1/S/87
|
4
|
No
|
|
591-600
|
O. P. No, 2448 of 1996
|
5
|
Yes
|
|
601-605
|
Judgement of Ld Single Judge of Hon’ble Kerala High Court
dated 5.10.1998
|
6
|
No
|
|
606-617
|
Judgement of Ld Division Bench of Hon’ble Kerala High
Court dated 4.7.2003
|
7
|
|
|
618
|
Exhibits P1, P2, P3
|
8
|
Yes
|
|
619-621
|
Order of Hon’ble Supreme Court in TP (C) 56 of 2007
|
9
|
No
|
|
622- 627
|
Order of Hon’ble Supreme Court in IA No. 9 of 2010
|
10
|
No
|
|
628
|
Blank
|
Blank
|
Blank
|
|
629-634
|
MoD letter of 27.12.2012
|
11
|
No
|
|
635-638
|
O/o CGDA UO Note AT/1/1483-Army/X/(PC)/V dated 23.5.2013
|
12
|
Yes
|
|
639-642
|
Working sheets attached to the above
|
13
|
Yes
|
|
643
|
Working sheet of O/o CDA (P) Allahabad
|
14
|
Yes
|
|
644-645
|
Extracts from CCS (RP) Rules 1986
|
15
|
Only Para 7 (1) (A)
|
|
646-647
|
Extracts of 6th CPC – Para 1.2.6, 1.2.7,
1.2.8, 1.2.9,.1.2.10.1.2.11, 2.2.4, 2.2.5, 2.2.6, 2.2.7
|
16
|
No
|
* * * * *
Pages 635 to 645
Annexure 12
FAX/Speed Post
Office of the CGDA, Ulan Batar Road, Palam, Delhi -10
Subject:
Implementation of Hon’ble Supreme Court order dated 04/09/2012 in IA No 9/2020
in Transfer Petition No.56 of 2007 in Rank Pay vase order dated 11/3/2013 in IA
No. 11/2013
Reference:
MoD ID No. 34(2)/2013/D(Pay/Services) dated 25th April 2013 and
dated 20/5/2013
We may
intimate that the four issues as contained in the Services Statement of Case
were also raised in the Services reference dated 31/01/2013 received under MoD
ID dated 06/02/2013 which had been examined and the comments were offered vide
this HQrs office UO Note dated 21/02/2013. However, the above issues brought in
statement of Case have again been examined in consultation with the concerned
Controllers and comments are offered as per Appendix ‘A’ to this Note as
desired, for your consideration.
Addl CGDA (VS) has seen.
Sd/----------------------
(K L Mound)
ACGDA (AT-I)
Phone No. 011-25665581
Shri Praveen Kumar
Director (AG-I),
MoD, D(Pay/Services)
Sena Bhawan, New Delhi
UO Note No. AT/I/1483-Army/X (PC)/V dated 23/05/2013
APPENDIX ‘A’
ISSUE -1: WITH EFFECT FROM 01.01.1986 OR AS ON 01.01.1986
The
Hon’ble Kerala High Court in their
judgment dated 05/10/1998 in r/o Maj (retd) Dhanapalan directed the respondents
to re-fix the pay of petitioners with effect from 1.1.1986 without deducting
the rank pay of Rs 200/-. The Hon’ble Supreme Court upheld this decision in its
judgment dated 08/02/2010. The Hon’ble Apex Court in its final judgment dated
04/09/2012 has affirmed its earlier judgment dated 08/03/2010 further
clarifying that this order shall govern all similarly situated officers with
modification in the interest part only. As such, the pay of all similarly
situated officers is to be re-fixed w.e.f. 01/01/1986 without deduction of rank
pay. It is pertinent to mention that the affected officers are those who were drawing
pay in the rank of Capt to Brigadier as per 3rd CPC on 31/12/1985
and whose pay was re-fixed as per SAI 1/S/1987 and corresponding Navy and Air
Force instructions on 01.01.1986 after
deducting rank pay. Therefore, the wording as on 01/01/1986 or with
effect from 01.01.86 does not, in effect, make any difference.
The
Kerala High Court order has been implemented in letter and spirit. It has been
mentioned in the order that “Rank Pay is
something which has been given to Army Officers in addition to existing pay
scales. That is not an amount which has to be deducted in order to arrive at
the total emoluments which an Army Officer is entitled to get.”
Accordingly, as directed in the operative portion the pay of the petitioner was
re-fixed w.e.f. 01.01.1986 without deducting Rank Pay of Rs 200/- and in
accordance with the provisions of SAI 1/S/1987. Thereafter, based on the pay so
revised, further increment(s), stagnation increment(s), pay revision on
subsequent promotions/demotions, pay revision of Fifth & Sixth Pay
Commissions have been carried out. The
benefit accrued due to re-fixation of pay has been carried forward uo to the
date of retirement of the affected officers, and wherever necessary, pension
has also been revised.
It
has been desired in the Statement of Case that re-fixation of pay be done with
effect from 01.01.1986 in respect of all defence officers who were in service
as on 01.01.1986 as well as for those who joined/promoted thereafter. In this
regard it is stated that the pay of the officers commissioned after 01.01.1986
and officers promoted after 01.01.1986, has been fixed with reference to the
rank and qualifying service. No rank pay
has been deducted while carrying out such fixation. They have been admitted
rank pay of the rank held, in addition. Therefore, two pay fixations are
not involved as inferred by the Services HQrs. As regards Ext P1, this is a
Government Resolution notifying the pay scale, Rank Pay etc as per
recommendations of 4th CPC. Pay scale and Rank Pay have been
admitted as per the Resolution.
ISSUE -2: REVISION OF MINIMUM PAY OF RANKS IN THE INTEGRATED SCALE
It
may not be correct to say that table shown below para 6 (a) (ii) of SAI 1/S/87
relating to minimum pay for each rank in the integrated scale was not
recommended by the 4th CPC. In this regard, please refer to Annexure
28.1 referred in para 28.113 of 4th CPC Report showing minimum pay
for each rank. Minimum pay for the rank of Col & Brig has undergone change
due to subsequent revision in the integrated scale by the Government. Minimum pay for each Rank has not been
arrived at after deduction of Rank Pay; it was recommendation of 4th
CPC. Thus, it has not been added by the MoD in SAI 1/S/87 as stated in para 24
of the Statement of Case.
In
any case, no change is required in minimum pay fixed for each rank because
the integrated pay scale, Rs
2300-100-3900-150-EB-4200-150-5100, has been devised considering the total
service span of 23 years from rank of Lt to Brig. (Aerial View: Para 28.15
states 28 years span). In addition, the rank pay for each rank will also be
paid. As such, the minimum pay has not been depressed due to the deduction of
rank pay. Moreover, there is no court
order directing change in the minimum pay for the rank.
Pay
comparison for pay and promotion can only ne carried out between two officers
of the same Corps, same Arm of service and same seniority and having identical
rank and scale of pay. In the example given in para 28, the dates of
commission, rank held by the officers in 01.01.1986 and existing basic pay are
altogether different. Obviously, the officer commissioned during 1980 will
receive more pay than the officer commissioned in 1981. The example is not, therefore, relevant.
While
comparing pay fixation of two officers the criteria is not only the number
of years of service and the rank but
also the dates of promotions of the officers amongst other various factors
resulting in difference of pay. The pay of the officers who were already Capt
on 01/01/1986 may be more than the officers who have joined/promoted as Capt
after 01.01.1986 by virtue of seniority. Therefore, anomaly shown in column 5
of the table below para 32 is not correct. Moreover, it can be seen from column
No 4 of the same table that the service officer is drawing more pay than his
civilian counterpart after implementation of MoD letter. Even otherwise,
comparison with civilian is not relevant as far as Apex Court order is
concerned,
ISSUE -3: REVISING THE TOP OF INTEGRATED SCALE
It
is not correct that Brigadiers/equivalents will not get fixation benefit of 20%
of emoluments. In the example given itself the existing emoluments are Rs
2400/- + Rs 2572/- = Rs 4972/- and revised emoluments are Rs 5100/- + Rank Pay
Rs 1200/- = Rs 6300/-. Thus, 20% benefit equal to Rs 480/- has been received by
the officer. It may be noted that as per para 2 (d) of SAI 1/S/1987, Rank Pay
forms part of basic pay.
However,
in the cases where total emoluments computed without deducting Rank Pay cross
the maximum of the revised scales, provision f Personal Pay was included in the
DGL as per the directions of MoD (Fin). With that, the difference of Rs 372/-
(Rs 5472/- minus Rs 5100/-), in a given example could have been protected as
personal pay to be absorbed against stagnation increments or pay on promotion
as Maj Gen subsequently. However, the same was not agreed to by MOF.
SAI
1/S/1987 provided for admissibility of maximum three stagnation increments up
to the rank of Brigadier after completion of every two years qualifying service
once the officer reaches the maximum of the scale. However, it is ensured that
BP+DP+Stag Inc do not exceed the maximum of BP+RP of next higher rank. As such
even though the pay of the officer is fixed to the maximum as on 01.01.1986 he
is not deprived of financial benefit by virtue of his increment (since already
being admitted biannually). Besides,
there is no court order directing change in the integrated pay scale.
It
is pertinent to mention that the pay scale fixed for the rank of Maj gen &
above will get burst (pay scale for Maj Gens: Rs 5900-200-6700; Lt Gens: Rs
7300-100-7600; Army Commanders & VCOAS: Rs 8000/- fixed and COAS Rs 9000/-
fixed) if any revision of integrated pay scale at the higher side is carried
out. This will disturb the horizonat
& vertical relativity of pay scales with rank and qualifying service of service officers and will cause
disparity with the pay scales of Para Military Forces and Civilian gazetted
officers of Group ‘A’ services. Besides, there is no court order on such
revision.
ISSUE -4: APPLICATION OF COURT ORDERS TO SUBSEQUENT PAY COMMISSIONS
Maj
(retd) Dhanapalan had claimed for revision of pay as on 01/01/96 consequent on
5th Pay Commission without deducting Rank Pay. He was informed that
the Kerala High Court judgment was not for not deducting Rank Pay as on
01/01/86 which has been introduced for the first time based on 4th
CPC recommendations, and not as on 01/01/96.No further communication was
received thereafter from him and no directives/orders were also received from
High Court of Kerala to justify/to admit the claim of the officer. It is pertinent to mention
that the element of Rank Pay was introduced first time from 01/01/1986. The
element of Rank Pay included in pay was taken in to account at the time of pay
fixation on 01/01/1996 and benefit of
40% was calculated thereon. Besides, there is no court order directing
change in pay fixation formula of 5th CPC. The case was before the
Courts from 1998 to 2012, and it has never been an issue. Neither the High
Court of Kerala nor the Hon’ble Supreme Court has issued any directives for
revsion of Pay Fixation Formula as per 5th Pay Commission orders or
6th CPC.
Sd/--------------------
ACGDA (AT-I)
Page 639
ANNEXURE 13
Officer: Captain and
pay change till retirement date and affected pension revision
|
Account Number
|
164801
|
|
Service Number
|
MR 05115X
|
|
Date of Retirement
|
25/01/10
|
|
Pre-revised pay
|
Basic pay Rs 1200; Total Emoluments Rs 3105
|
|
Pay as on 01/01/86
|
BP Old 3000 Rank Pay 200
BP New 3200 Rank Pay 200
|
|
Promotions
|
28/07/90
|
|
Pay
|
BP Old Rs 3400;Rank Pay Rs 600
BP New 3600; Rank Pay Rs 600
|
|
Pay as on 01/01/96
|
BP Old 12250 RP
1200
BP New 13225 RP 1200
|
|
Promotion
|
28/7/99
|
|
Pay as on 01/01/96
|
BP Old 13500 RP 1600
BP New 14300 RP 1600
|
|
Pay as on 01/01/2006
|
BP Old 43830 GP
8000
BP New 45180 GP 8000
|
|
Promotion
|
28/7/09
|
|
|
BP Old 52100 GP 8700
BP New 53680 GP 8700
|
|
Stagnation Increment
|
Nil
|
|
Pension affected
|
Yes
|
|
Total arrears
|
Rs 337894
|
Officer: Major and
pre-revised and revised pay equal on 1/1/96 and arrears only up to 31/12/95
|
Account Number
|
140209
|
|
Service Number
|
IC25156W
|
|
Date of Retirement
|
30/09/11
|
|
Pre-revised pay
|
Basic pay Rs 1700; Total Emoluments Rs 3871
|
|
Pay as on 01/01/86
|
BP Old 3400 Rank Pay 600
BP New 3900 Rank Pay 600
|
|
Promotions
|
07/1/89
|
|
Pay
|
BP Old Rs 3900;Rank Pay Rs 800
22/05/91
BP New 4500; Rank Pay Rs 1000
22/05/92
BP New 4950 Rank Pay 1000
|
|
Pay as on 01/01/96
|
BP Old 15550 RP 2000
BP New 15550 RP 2000
|
|
Promotion
|
01/05/00
|
|
Pay as on 01/01/96
|
BP New 17600 RP 2400
25/11/04
BP New 21400 RP 0
|
|
Pay as on 01/01/2006
|
BP Old 50340 GP 10000
BP New 50340 GP 10000
|
|
Promotion
|
1/3/2008
|
|
|
BP 66030 GP 1200
1/1/2009
BP New 79000 GP O
|
|
Stagnation Increment
|
1/5/2003 Rs 450
|
|
Pension affected
|
No
|
|
Total arrears
|
Rs 85434
|
|
From 01/01/96 pay in old and revised are same
|
|
Page 640
Annexure 14
Officer Capt and same
pay on promotion as Col in 5th CPC
|
Account Number
|
150774
|
|
Service Number
|
IC 34728A
|
|
Date of Retirement
|
30/4/2011
|
|
Pre-revised pay
|
Basic pay Rs 1450; Total Emoluments Rs 3405
|
|
Pay as on 01/01/86
|
BP Old 3300 Rank Pay 200
BP New 3500 Rank Pay 200
|
|
Promotions
|
30/6/86
18/7/94
|
|
Pay
|
BP Old Rs 3400;Rank Pay Rs 600 Rs 4350 + 800
BP New 3600; Rank Pay Rs 600 Rs 4650 + 800
|
|
Pay as on 01/01/96
|
BP Old 13900 RP 1600
BP New 14300 RP 1600
|
|
Promotion
|
01/6/97
01/3/2005
|
|
Pay
|
BP Old 15100 RP 2000 18050+
2400
BP New 15100 RP 2000 18050 +
2400
|
|
Pay as on 01/01/2006
|
BP Old 46050 GP 8900
BP New 46050 GP 8900
|
|
Stagnation Increment
|
One 1/8/2004 Rs 450
|
|
Pension affected
|
No
|
|
Total arrears
|
Rs 49034
|
|
From 01/08/1997 pay
old and revised are same
|
|
Officer Brig drawing
pre-revised pay with fitment more than maximum of integrated pay scale and
fixed to maximum of integrated pay scale
|
Account Number
|
100501
|
|
Service Number
|
IC 07827
|
|
Date of Retirement
|
29/12/89
|
|
Pre-revised pay
|
Basic pay Rs 2400; Total Emoluments Rs 5452
|
|
Pay as on 01/01/86
|
BP Old 5100 Rank Pay 1200
BP New 5100 Rank Pay 1200
|
|
Promotion
|
30/1/86
|
|
Pay
|
BP Old Rs 6700;Rank Pay Rs 0
BP New 6700; Rank Pay Rs 0
|
|
Stagnation Increment
|
Nil
|
|
Pension affected
|
No
|
|
Total arrears
|
0
|
Officer Major with
stagnation increment in 4th and 5th CPC after revision
and arrears calculated till retirement
|
Account Number
|
140819
|
|
Service Number
|
IC 32726W
|
|
Date of Retirement
|
12/9/2001
|
|
Pre-revised pay
|
Basic pay Rs 1700; Total Emoluments Rs 3871
|
|
Pay as on 01/01/86
|
BP Old 3400 Rank Pay 600
BP New 3900 Rank Pay 600
|
|
Promotions
|
20/1/90
23/3/93
|
|
Pay
|
BP Old Rs 3900; Rank Pay Rs 800 Rs 4350 + 1000
BP New 4650; Rank Pay Rs 800 Rs 5100 + 800
|
|
Pay as on 01/01/96
|
BP Old 15100 RP 2000
BP New 15550 RP 2000
|
|
Promotion
|
Nil
|
|
Pay
|
Nil
|
|
Pay as on 01/01/2006
|
Nil
|
|
Stagnation Increment
|
One 1/3/1995 Rs 150; 1/3/2001 Rs 45o
|
|
Pension affected
|
No
|
|
Total arrears
|
Rs 137564
|
Officer Lt Col and
same pay on promotion as Brig during 5th CPC
|
Account Number
|
127555A
|
|
Service Number
|
IC 16943H
|
|
Date of Retirement
|
1/12/2001
|
|
Pre-revised pay
|
Basic pay Rs Not shown; Total Emoluments Rs Not shown
|
|
Pay as on 01/01/86
|
BP Old 3900 Rank Pay 800
BP New 4350 Rank Pay 800
|
|
Promotions
|
11/1/88
14/6/1997
|
|
Pay
|
BP Old Rs 4500; Rank Pay Rs 1000 Rs 4350 + 1000
BP New 4800; Rank Pay Rs 1000 Rs 5100 + 800
|
|
Pay as on 01/01/96
|
BP Old 15100 RP
2000
BP New 15550 RP 2000
|
|
Promotion
|
14/6/1997
|
|
Pay
|
BP Old Rs 16700 + RP 2400
BP New Rs 16700 + Rs 2400
|
|
Pay as on 01/01/2006
|
Nil
|
|
Stagnation Increment
|
One 1/6/1992 Rs 150; 1/6/1994 Rs 20o
|
|
Pension affected
|
No
|
|
Total arrears
|
Rs 47374
|
Officer Col and same
pay on promotion as Maj Gen during 5th
CPC
|
Account Number
|
105865
|
|
Service Number
|
IC 12992
|
|
Date of Retirement
|
1/10/2001
|
|
Pre-revised pay
|
Basic pay Rs 1900; Total Emoluments Rs 4317
|
|
Pay as on 01/01/86
|
BP Old 4500 Rank Pay 1000
BP New 5100 Rank Pay 1200
|
|
Promotions
|
06/1/86
22/9/1992
|
|
Pay
|
BP Old Rs 4950; Rank Pay Rs 1200 Rs 6700 + 0
BP New 5100; Rank Pay Rs 1200 Rs 6700 + 0
|
|
Pay as on 01/01/96
|
BP Old 22400 + RP
Nil
BP New 22400 RP Nil
|
|
Promotion
|
14/6/1997
|
|
Pay
|
BP Old Rs 16700 + RP 2400
BP New Rs 16700 + Rs 2400
|
|
Pay as on 01/01/2006
|
Nil
|
|
Stagnation Increment
|
One 1/6/1989 -
Rs 150; 1/6/1991 Rs 30o; 1/5/1990 Rs 300; 1/5/1992 Rs 400
|
|
Pension affected
|
No
|
|
Total arrears
|
Rs 9136
|
Officer Brig with
stagnation increment and same pay on promotion as Maj Gen
|
Account Number
|
103092
|
|
Service Number
|
IC 11513P
|
|
Date of Retirement
|
1/10/2001
|
|
Pre-revised pay
|
Basic pay Rs Not shown; Total Emoluments Rs Not shown
|
|
Pay as on 01/01/86
|
BP Old 4950 Rank Pay 1200
BP New 5100 Rank Pay 1200
|
|
Promotions
|
12/1/89
|
|
Pay
|
BP Old Rs 6700; Rank Pay Rs 0
BP New 6700; Rank Pay Rs 0
|
|
Pay as on 01/01/96
|
BP Old 18900 + RP
Nil
BP New 18900 RP Nil
|
|
Promotion
|
Not applicable
|
|
Pay
|
Nil
|
|
Pay as on 01/01/2006
|
Nil
|
|
Stagnation Increment
|
One 1/4/1988 -
Rs 150; 1/4/1989 Rs 30o;
|
|
Pension affected
|
No
|
|
Total arrears
|
Rs Not Shown
|
Annexure 14
DO. No. G-1/M/RANK PAY
O/O the PCDA (P)
Allahabad
Dated 27/6/2013
To
K L MOUND
ACGDA (AT-I)
O/o the CGDA
ULAN BATAR ROAD
DELHI CANTT – 110 010
Subject:- Implementation of the Hon’ble Supreme Court
Judgment dated 04/09/2012 in IA No. 9 of 2010 in Transfer Petition No. 56 of
2007 – Union of India and others versus N K Nair & others in respect of
rank pay
Ref: - HQrs LETTER No. AT/I/1483/X (PC)/V DATED 27.06.2013
This office concerned with MF letter Para 3 (ii) 2nd
part. Desired illustration asked for vide above referred letter is given below.
|
|
IC 29615 Maj VIRENDRA GANJU
|
IC 33591 COL K K KISHAN
|
|
Date of retirement
|
30/4/1990
|
14/10/1998
|
|
Date of
commencement of pension
|
01/05/1990
|
15/10/1998
|
|
Pension Before pay
Revision
|
Rs 1943 pm; Rs 5625
w.e.f. 01.01.1996
|
Rs 9007 pm
|
|
Pension after pay
revision
|
Rs 2320; Rs 6120 w.e.f. 01.01.1996
|
Rs 9207
|
|
Commutation before
revision
|
146693
|
667861
|
|
Commutation after
rank pay revision
|
175153
|
682690
|
|
Gratuity before
revision
|
58500
|
343263
|
|
Gratuity after
revision
|
70200
|
350000
|
Note 1: The pension will be revised by the PDA w.e.f.
01.01.2006 as per circular No. 397 dated 18/11/2008 and w.e.f 24/09/2012 as per
circular No. 500 dated 17/01/2013
2: Arrears
will be calculated by the PDA
CDA (P) has seen
Sd/----------- ACDA(P)
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