Here
is the true typed copy of Rank Pay letter dated 24 Jul 14 – second instalment
in compliance with the opinion dated 03 Sep 13 of the Attorney General for India – has
been issued.
Two more issues remain - minimum of pay for each rank and the top of the integrated pay scale for consideration of the Hon'ble Supreme Court.
34(10/2013/D
(Pay/Services)
Government of
India
Ministry of
Defence
New Delhi, Dated the 24th July
2014
To,
The Chief
of the Army Staff
The Chief
of the Naval Staff
The Chief
of the Air Staff
CORRIGENDUM
Sub: Implementation of Hon’ble
Supreme Court Order dt 4th September, 2012 in IA No. 9 of 2010 in
Transfer Petition (C) No. 56 of 2007 Union of India and Others versus N. K.
Nair & others, etc
Sir,
I
am directed to refer to this Ministry Order No. 34 (6)/2012-D(Pay/Services) dt
27th December 2012 regarding implementation of subject Order of the
Hon’ble Supreme Court and to state that as per legal opinion tendered by the
Learned Attorney General of India, the sanction of the Government is hereby
accorded to modify the provisions of this Ministry’s ibid order as under:
(i) The existing
para 6 will be renumbered 6 (A) and would stand revised as under:
In the
twelfth line after the word ‘(integrated scale),’ the words “as on 1.1.1986”
will be substituted by “w.e.f. 1.1.1986.”
(ii) A new para 6
(B) will be added as follows:
6(B) Sanction of the Government is hereby also
communicated to modify certain provisions of Special Army Instructions No.
2/S/1998 dated 19th December 1997 and the corresponding Special
Instructions pertaining to Navy and Air Force both bearing Nos. 2/S/1998 dated
19th December 1997, in so far as they relate to deduction of Rank
Pay for fixation of revised pay of the concerned officers of Army, Navy and Air
Force in the revised scale w.e.f. 01.10.1996. The modifications/amendments in
SAI 2/S/1998 and corresponding instructions for Air Force and Navy are as
under:
(a) The
existing para 5(a)(ii) would read as under:
(ii) After the existing emoluments have been so
increased, there shall be no deduction of Rank Pay. Thereafter, the officer’s
pay will be fixed in the revised scale at the stage next above the amount thus
computed
(iii) A
new para 6(C) will also be added in ibid MoD letter as follows:
6(C) The pay fixation formula w.e.f. 1.1.2006 as
laid down in SAI 2/S/2008 and the corresponding Special Instructions applicable
to the Air Force and Navy has also been examined in light of the legal opinion
tendered by the Learned Attorney General. In the methodology of pay fixation of
revised pay w.e.f. 1.1.2006, Rank Pay has not been deducted and has been taken
into account along with Basic Pay in the pre-revised scale to arrive at the
new, revised pay in the relevant pay band w.e.f. 1.1.2006 whereupon Grade Pay
has also been given and an additional component of Military Service Pay (MSP)
at Rs 6000 p.m. is also admissible to the Armed Forces upto the rank of
Brigadier/eq. As such, the pay fixation formula w.e.f. 1.1.2006 for the
relevant officers of the Armed Forces as laid down in the relevant instructions
does not require any change.
(iv) Existing
Para 7 will be replaced with the following:
7. Except to the extent of modifications as
stated in MoD letter No. 34(6)/2012-D (Pay/Services) dated 27.12.2012 and as
amended vide this letter, the aforesaid Army Instructions 1/S/87 dated
26.05.1987 and corresponding Navy and Air Force Instructions both bearing No
1/S/87 dated 11.06.1987 and 26.05.1987 respectively as amended from time to
time and Special Army Instructions No. 2/S/98 of 19.12.1997 and the
corresponding Special Instructions in case of Navy and Air Force both bearing
No. 2/S/98 dated 19.12.1997 as amended from time to time, there shall be no
change in the provisions of the aforesaid Special Army, Navy and Air Force
Instructions of 1987 and 1997 pertaining to the implementation of the
recommendations of the 4th and 5th Central Pay
Commission.
(v) Existing
para 8 will be replaced with the following:
8. As the
aforesaid Order of the Hon’ble Supreme Court passed on 04.09.2012 read with
their earlier order dated 08.03.2010 has upheld the order of the Hon’ble Kerala
High Court passed on 05.10.1998 in case of Major A K Dhanapalan and as the said
order of the Hon’ble Kerala High Court dated 05.10.1998 is for re-fixation of
pay without deduction of Rank Pay w.e.f. 1.1.1986, and as this sanction is in
compliance with these judicial pronouncements and the legal opinion of the
Learned Attorney General on this issue, it is clarified that there shall be no
change in respect of Special Army Instructions of Army, Navy and Air Force
issued on 11.10.2008 (Army) and 18.10.2008 (Navy and Air Force) for
implementation of the recommendations of the 6th Central Pay
Commission, except to the extent of the need for the fixation of pay w.e.f.
01.01.2006 necessitated due to the fixation of pay w.e.f. 01.01.1986 and
01.01.1996 in terms of these orders.
(vi) All
other provisions of the MoD letter No. 34(6)/2012-D(Pay/Services) dated
27.12.2012 remain unchanged.
2. This
issues with the concurrence of Ministry of Defence (Finance) vide their UO No.
1(76)/2013-AG/PA (310-PA) dated 23.07.2014 and Ministry of Finance (Department
of Expenditure vide their UO No. 94466/E.III (A)/2014 dated 09.07.2014
Yours
faithfully,
Sd/-------------
(P.S. Walia
Under
Secretary to the Government of India
Copy to:
List of addressees omitted
* * * * * *
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