Thursday 14 August 2014

Reference to Ld Attorney General for India



BY REGD POST-ACK DUE

Article No.  RK 193806899IN dated 04 Aug 14

Non-Delivery complaint No. 100058-31786 dated 13 Aug 14 

Please note: In the original the page numbers from 84 were repeated due to oversight of the undersigned. This oversight has been corrected in this post.


                                                                                                            4th August, 2014

Shri Mukul Rohatgi,
Learned Attorney General for India,
Attorney General’s Chambers,
Supreme Court of India,
Tilak Marg,
New Delhi – 110 001  

Subject: Reference for the Consideration of Ld Attorney General for India

Implementation of Order of Hon’ble Supreme Court dated 04.09.2012 in

I. A. No. 9 of 2010 in TP (C) No. 56 of 2007

Union of India (MoD) & Ors Vs. Lt Col (retd) N K Nair & Ors

List of Annexures


Text of Reference
1-20
Annexure
Subject
Page No.
A
Chapter 28 of the Report of 4th CPC relevant to Pay and integrated scale for Armed Forces officers
21-24
B
Chapter 30 of the Report of 4th CPC on fixation methodology for civilian and Armed Forces officers
25
C
Govt of India Resolution 9E dated 18.3.1987 making improvements in integrated scale of pay for Armed Forces officers
26-28
D
Special Army Instructions No. 1/S/1987 – portions applicable to issue under reference
29-33
E
Note 81 of MoD file No. No. B/25511/AKDP/AG/PS-3(a) dated 27.02.2004
34-35
F
Order of Hon’ble Supreme Court dismissing Special Leave to Appeal No. (CC) 5908 of 2005 in Union of India & Ors Vs. Maj A K Dhanapalan
36-37
G
1.               Note 88 on MoD File No. B/25511/AKDP/AG/PS-3(a)/D(Pay/Services) dated 25.06.2004 in reply to
2.                DOP&T  UO No. 1/2/2004-Estt (Pay-I) dated 31.05.04
3. Para 4.2(c) of GoI (Transaction of Business Rules 1961 as amended)
38

39
40-41

H
Order dated 08.03.2010 of the Hon’ble Supreme Court in Transfer Petition (Civil) No. 56 of 2007 in UoI & Ors Vs. Lt Col N K Nair & others and tagged cases
42-44
J
Order dated 04.09.2012 of the Hon’ble Supreme Court in Interlocutory Application No. 9 of 2010 in TP (C) No. 56 of 2007 in UoI & Ors Vs Lt Col Nair & Others

45-52
K
Opinion & Advice dated 17.10.2012 of then Ld Solicitor General to implement order of the Hon’ble Court dated 4.9.2012

53-58
L
Implementation Order of MoD dated 27.12.2012  

59-62
M
Order dated 11.3.2013 of the Hon’ble Supreme Court in IA No. 11 of 2013 in IA No. 9 of 2010 in TP (C) No. 56 of 2007

63
N
Calculations by O/o CGDA UO No. AT/I/1483-Army/X dated 06.04.2010 Annexures B-2, B-3 and B-4

64-67
O
Emoluments of Maj Dhanapalan pre-1.1.1986 and post order of the Hon’ble High Court of Kerala calculated by CGDA - Page 290 of O/o CGDA reference No. CPIO/AT/HQ/2013/1/1063 dated 26.06.2013

68-69
P
DO letter from Chairman CoSC & CAS to Hon’ble Raksha Mantri listing four anomalies in Para 4 in a DO letter No. PC-4-PA/5437 dated 18.1.2013

70-73
Q
MoF, DoE ID Note No. 187654/E.IIIA/2012 dated 5.07.2013

74
R
Opinion of then Learned Attorney General dated 3.10.2013

75-89
S
Government of India, Ministry of Personnel, Public Grievances & Pensions (Department of Personnel & Training) O. M No. 1/2/86-Estt.( Pay-I) issued at New Delhi on  the 10th April, 1987

90-91
T
O/o CGDA No. CPIO/AT/HQ/2013/II/1250 dated 26.11.2013 and UO Note No. AT/I/1483-Army/X (PC)/V dated 26.11.2013

92-95
U
MoD F. No. 35(1) 2013 –the 26th April, 2013

96
V
MoD corrigenda Reference No. 34 (10)/2013/D(Pay/Services) dated 24.7.2014
97-99


Dear Learned Attorney General for India,



I take courage in my hands in writing this reference on behalf of about thousands of similarly situated retired officers of the Armed Forces officers and widows as well as Next-of-Kin of deceased officers.



2.         I write this reference inspired by your words, “Transparency is the antithesis of arbitrariness…..transparency is an important principle behind executive decision making….” (Times of India, 20th June 2014).  Senior Advocate Sanjay Hegde has written in his article titled ‘How to Choose a Judge’, that “….men with long careers as government pleaders have, on the bench, proved to be very good at demonstrating government’s chicanery from official files” (source: Deccan Herald, Bangalore edition, 20.07.2014). I also take heart in the words of Senior Advocate Rajeev Dhavan, “the Ld Attorney General for India is the conscience keeper of the Government” (Daily Mail, 5th May 2013).  



3.         In this reference, I request the liberty to place before you truthful documented facts in support of the sustained and prolonged search for justice. In an endeavour to make this reference as concise and cogent as possible, wherever photocopies or printouts of voluminous documents obtained through RTI requests/applications have not been attached, I have quoted File, UO, and ID Note reference numbers and dates. The documented facts quoted hereinafter have been obtained from



(a)        The Hon’ble High Court of Kerala,



(b)        The website of Hon’ble Supreme Court, 



(c)        Replies to requests for information under the RTI Act 2005 to Ministry of Defence (MoD), MoD/Finance (MoD/Fin), Ministry of Finance (MoF), Department of Expenditure (DoE), and Controller General of Defence Accounts (CGDA), and



(d)        Opinion dated 03.09.2013 of then Learned Attorney General for India, Shri Goolam E Vahanvati.   



4th Central Pay Commission Recommendations and Govt of India Resolution 9 E



4.         The 4th Central Pay Commission (4th CPC) recommended an element called Rank Pay that would be paid to officers of the ranks of Captains to Brigadiers (and their equivalents in the Navy and Air Force) in addition to the revised pay. The recommendations by 4th CPC for the Officers of Armed Forces contained in Chapter 28 (Annexure ‘A’) are, inter alia,



(a)        In Chapter 28.10 to 28.24 and 28.113 and Annex 28.1 thereof.



(b)        Para 28.13 has details of Rank Pay (of Rs 200 to Rs 1200) for officers of the ranks of Capt to Brig & equivalents in Navy and Air Force,



(c)        In Para 28.15, the 4th CPC has stated “The integrated pay scale recommended by us covers a span of 28 years of the integrated scale of pay (emphasis supplied). The table at Annex 28.1 to Para 28.113 also indicates this 28 year span of the integrated scale of pay.  



5.         The method of re-fixation for Government’s civilian employees as well as Armed Forces personnel are in Chapter 30 of the 4th CPC Report (Annexure ‘B’).



6.         The Government of India accorded approval to the Recommendations of the 4th CPC vide Resolution 9E dated 18.3.1987 (Annexure ‘C’) with two changes: -



(a)        The integrated scale of pay was improved to Rs 2300-100-3900-150-5100, (effectively reducing the time span of the integrated scale of pay from 28 years to 24 years), and



(b)        The Rank Pay of a Major was improved from Rs. 400 to Rs. 600.



Special Army Instructions (SAI) No. 1/S/1987 dated 25.3.1987 and corresponding Special Instructions for the Navy (SNI) and Air Force (SAFI).



7.         To implement Resolution 9E, MoD promulgated an implementing order titled Special Army Instructions (SAI) No. 1/S/1987 dated 25.3.1987 (relevant portions at Annexure ‘D’) and corresponding Special Instructions for the Navy (SNI) and Air Force (SAFI). The SAI/SNI/SAFI formalised in Para 6 (a) (ii) the methodology of deduction of Rank Pay as follows: -



“(ii)     After the existing emoluments have been so increased, an amount equivalent to the rank pay, if any, appropriate to the rank held by the officer on 01 January 1986 at the rates prescribed in para 3 (a) (ii) above, will be deducted . Thereafter, the officer’s pay will be fixed in the revised scale at the stage next above the amount thus computed. In case the stage of pay falls below the minimum pay of the rank held by the officer as on 01 January 1986 as prescribed in the tables below, the pay will be stepped up to such minimum provided the officer has completed the length of reckonable commissioned service as indicated in the same table: -



Rank           Minimum Pay in      Completed

the Integrated           years of

Scale               Commissioned Service  

(aa) Officers of all Arms and Services except AMC, ADC, RVC and MNS: -

               Lt             2500                     2

               Capt           2800                     5

               Maj            3400                     11

     Lt Col (Selection)       3900                     16

               Col            4500                     20

               Brig           4950                     23…..

  

Major (retd) A K Dhanapalan Vs UoI & Concept of 'Finality of Judgment’



8.         In February 1996, Capt (later Major (retd) became aware of/that



(a)        MoD’s misinterpretation and its formula of deducting an amount equal to the rank pay before re-fixation of pay in the newly recommended integrated pay scale by MoD.



(b)        Capt (later Major) Dhanapalan’s pay re-fixation had neither been as per 4th CPC Report & Recommendations nor the Govt of India/MoD Resolution 9-E but by a different formula devised by MoD and issued in SAI No. 1/S/1987.



(c)        Instead of being paid Rank Pay in addition to Capt (later Major) Dhanapalan’s re-fixed salary, an amount equal to the Rank Pay was deducted and added again to make a sum called the “revised emoluments” by some inexplicable logic.



9.         Capt (later Major) Dhanapalan challenged the methodology in the Hon’ble High Court of Kerala at Ernakulam (Original Petition No. 2448N of 1996) in February 1996. The case chronology is as follows: -



(a)        In O. P. No. 2448 of 1996, the learned Single Judge issued a judgment in favour of (now Maj retired) Dhanapalan on 5.10.1998.



(b)        MoD filed Writ Appeal No. 518 of 1999B in O.P. No. 2448 of 1996 before the Division Bench of the Hon’ble High Court against the order of the Ld Single Judge.



(c)        The Division Bench sought certain clarifications from MoD. The reply to which was filed by MoD vide W. A. No. 510 of 2000. The Division Bench upheld the judgment of the Ld Single Judge on 04.07.2003.



(d)        MoD filed a Special Leave Petition (SLP) No. (CC) 5908 of 2005 with IA No. 1 of 2005 (for condonation of delay) ignoring the advice of then Addl Solicitor General, (as revealed by reply to another RTI application) vide Note 81 in MoD File No. B/25511/AKDP/AG/PS-3(a) dated 27.02.2004 (Annexure ‘E’).



(e)        The SLP was dismissed by the Hon’ble Supreme Court in the first hearing itself on 12.07.2005 (Annexure ‘F’.)



(f)        The case (of Maj (retd) Dhanapalan Vs UoI) attained finality when Maj (retd) Dhanapalan was paid arrears after the Hon’ble Supreme Court dismissed the Special Leave to Appeal on 12.7.2005.



(g)        Therefore, Maj (retd) Dhanapalan Vs UoI case that commenced with O. P. No. 2448 of 1996, attained `interest Republicae ut sit finis litium' to quote Mr Justice Dalveer Bhandari and Mr Justice H L Dattu of the Hon’ble Supreme Court and their order in Indian Council for Enviro-Legal Action v. Union of India & Ors (Source: http://indiankanoon.org/doc/1356184/) with dismissal of SLP (CC) No. 5908 of 2005 on 12.7.2005.



10.        Maj (retd) Dhanapalan’s pay in the integrated scale re-fixed and he was paid arrears from 1.1.1986 to 31.12.1995) in 2006. In the process MoD admitted that the formula of deduction Rank Pay before re-fixation was its own initiative in Note 88 on MoD File No. B/25511/AKDP/AG/PS-3(a)/D(Pay/Services) dated 25.06.2004 in reply to MoF/DoE and DOP&T UO No. 1/2/2004-Estt (Pay-I) dated 31.05.04 (Annexures ‘G-1’ & ‘G-2’).



11.        Both documents clearly bring out that neither DoP&T nor MoF/DoE, whose approval was necessary under Para 4.2(c) of GoI (Transaction of Business Rules 1961 as amended) (Annexure G-3), were aware of the methodology i.e. deduction or rank pay from revised emoluments and then adding the rank pay to the reduced amount. It would not be out of place to mention that approval of the Cabinet for recommendations of Central Pay Commissions is processed by MoF/DoE.



Union of India & Others Vs. Lt Col (retd) N K Nair & Others



12.        Other Armed Forces officer-claimants, on being informed by MoD that the judgment was applicable only to Maj (retd) Dhanapalan, approached several High Courts for justice. MoD compelled the similarly situated Armed Forces officers, many of who had retired and are senior citizens, and NoK of those of whom had died to fight for their legitimate dues at their own cost.



13.        MoD prayed before the Hon’ble Supreme Court and had all the cases transferred to the Hon’ble Supreme Court and Transfer Petition (Civil) No. 56 of 2007 came into existence. The litigants in TP (C) No. 56 of 2007 (and the subsequent I. A. No. 9 of 2010 are UoI & Ors Vs Lt Col N K Nair & Others.



14.        The chronology of this case, which is not ‘Major Dhanapalan case,is as follows: -



(a)        In its order in TP (C) No. 56 of 2007, the Hon’ble Court, on 08.03.2010 (Annexure ‘H’) ruled in favour of all the litigant Armed Forces officers stating, inter alia, 
 
“We   have   carefully perused the judgment dated 5.10.1998 of the learned Single Judge as well as judgment dated 4.7.2003 of the Division Bench of the High Court of Kerala and we respectfully agree with the reasoning given therein for grant of rank pay retrospectively from 1.1.1986. We also direct interest to be paid thereon at 6% p.a. Accordingly, these writ petitions as well as the transferred writ petitions are allowed(emphasis supplied).   



(b)        MoD then filed an Interlocutory Application (I. A.) No. 9 of 2010 (settled by then Ld Solicitor General Shri Gopal Subramanium) in TP (C) No. 56 of 2007 praying to the Hon’ble Supreme Court to “recall, re-hear, modify,” etc its order of 8th March 2010, citing recommendations of a High Powered Committee (HPC) comprising then Defence Secretary, Secretary (Expenditure) MoF, and Secretary Defence (Finance) to impress upon the Hon’ble Court that it would entail an expenditure of Rs 1623.71 crore if the order was implemented as it would lead to re-fixation of emoluments of Armed Forces officers for the periods of 4th, 5th and 6th CPC.



(c)        On 4th September 2012, a Bench of three Judges of the Hon’ble Supreme Court upheld the Hon’ble Court’s earlier order dated 8th March 2010 as follows (Annexure ‘J’): -



We have heard Mr. R.F. Nariman, learned Solicitor General of India and Mr. Mahabir Singh, learned senior counsel for the respondents.

     

2.  On thoughtful consideration of the entire matter, we are satisfied that the order dated March 8, 2010 does not require any modification or variation, save and except the interest part.

     

3. As regards interest, on totality of the circumstances including the circumstance that Special Leave Petition arising from the judgment dated July 4, 2003 in the matter of Major A. K. Dhanapalan was dismissed by this Court in August, 2005 and the Kerala High Court had not ordered payment of interest on the arrears of pay, we direct that the interest shall be paid by the petitioners to the respondents @ 6% p.a. from January 1, 2006 instead of January 1, 1986. It is clarified that this order shall govern all similarly situated officers who have not approached the court and also those who have filed Writ Petitions which are pending before various High Courts/Armed Forces Tribunal.

     

4.  We  record  and  accept  the  statement of  the  learned Solicitor General that arrears of  pay  with  interest,  as  directed  above, shall  be  paid  to the  concerned officers expeditiously  and positively within  twelve  weeks from today (emphasis supplied).

  

5. I.A. No. 9 of 2010 stands disposed of accordingly.”   



MoD Process of Implementing the Hon’ble Court’s Order dated 04.09.2012



15.        Despite the assurances of the Ld Solicitor General to have the process completed within 12 weeks from 04.09.2012, MoD, after prolonged discussions with O/o CGDA and MoF/DoE, issued an implementation order on the last day of the 12 weeks i.e. 27.12.2012 (Annexure ‘L’).



16.        The process that preceded the issue of the order dated 27.12.2012 (according to information obtained under the RTI Act 2005) indicates that MoD, the administrative ministry was over-ruled by the O/o CGDA’s opinion that there was not enough clarity in the order of the Hon’ble Supreme Court” for restoration of deduction of Rank Pay from 1.1.1996 to 31.12.2005 and re-fixation from 1.1.2006, despite affidavits to the contrary, solemnly sworn and submitted in the Hon’ble Supreme Court. Therefore, MoD ordered that arrears be paid for the period from 1.1.1986 to 31.12.1995.



17.        MoD could have sought clarifications by filing an I.A. if, as CGDA stated, there was a lack of clarity in the Hon’ble Supreme Court’s orders of 08.03.2010 and 04.09.2012. But, though MoD filed I. A. No 11 of 2013 it was for extension of time to implement the Hon’ble Court’s order dated 04.09.2012.



18.        MoD obtained an order of the Hon’ble Supreme Court dated 11.3.2013 (Annexure ‘M’) allowing an extension of time till 31st May 2013 for implementation of the Hon’ble Court’s orders of 4th September 2012. MoD, inspite of the perceived lack of clarity, did not seek any clarifications.



19.        Please contrast this with the Department of Telecommunications (DoT), which, not being clear about the 2G judgment of the Hon’ble Supreme Court in WP (C) No. 423 of 2010, filed an I. A. in 2012 seeking clarifications so that the Hon’ble Supreme Court’s order could be implemented in letter and spirit.



20.        At this stage the facts germane to this reference are reiterated: -



(a)        The top of the integrated pay scale affects only officers of the ranks of senior Lt Colonels, Colonels and Brigadiers (and equivalents) as shown in calculations by O/o CGDA in Annexures B-2, B-3 and B-4 of CGDA UO No. AT/I/1483-Army/X dated 06.04.2010 (Annexure ‘N’). The ibid Annexures clearly indicate the following: -



(i)         In Annexure B/2 – given the integrated scale of pay from 1.1.1986 a Lt Col starts to stagnate at the top of Rs 5100 within 3 years. He then gets decreasing amounts of benefits from Rs 600 to Rs 50 against a Rank Pay of Rs 800 from MoD’s interpretation of the orders of the Hon’ble Supreme Court.



(ii)        In Annexure B-3 – given the integrated scale of pay from 1.1.1986, a Col stagnates at the top of Rs 5100 in the second year of and gets decreasing amounts of benefit from Rs 300 to 150 against a Rank Pay of Rs 1000 from MoD’s interpretation of the orders of the Hon’ble Supreme Court.



(iii) In Annexure B-4 – the top of the integrated scale of pay on 1.1.1986, a Brig has already stagnated at Rs 5100, and gets no benefit against a Rank Pay of Rs 1200 from MoD’s interpretation of the orders of the Hon’ble Supreme Court. Therefore, the Brig does not get even the 20% increase over pre-revised benefits  approved by Resolution 9E, let alone Rank Pay.



(b)        Major Dhanapalan retired as a Major on 31.8.1997 at his own request and his pay was fixed at Rs 3200 on 1.1.1986. (Page 290 of O/o CGDA reference No. CPIO/AT/HQ/2013/1/1063 dated 26.06.2013 in reply to a RTI request (Annexure ‘O’). It clearly indicates that Maj Dhanapalan was nowhere near the top of the integrated scale of pay of Rs 5100.

  

(c)        Therefore Maj Dhanapalan



(i)         being a Major, his pay was fixed according to his rank.



(ii)        Neither was eligible to be paid the re-fixed, at the top of the integrated scale of pay, amount of Rs 5100,



(iii)       Nor could Maj Dhanapalan raise this matter in the Hon’ble High Court of Kerala in his Original Petition No. 2448 of 1996 or in any subsequent judicial proceedings arising out of the ibid Original Petition.



(d)        Contrary to the assertions of the O/o CGDA and MoD that the Hon’ble Supreme Court upheld the judgments of the Ld Single Judge and the Ld Division Bench of the Hon’ble High Court of Kerala, the Hon’ble Supreme Court actually dismissed Union of India’s Special Leave to Appeal (Civil) CC 5908/2005 on 12.7.2005 in the case of UoI Vs Maj Dhanapalan and attained finality of judgment at this stage.



(f)        UoI did not file either a Review Petition or a Curative Petition against the judgments (of Maj Dhanapalan vs UoI).



(g) In TP (C) No. 56 of 2007 and the subsequent I. A. No. 9 of 2010 in TP (C) No. 56 of 2007, orders in the Maj Dhanapalan Vs UoI case were never challenged/brought into question in TP (C) No. 56 of 2007 in the Hon’ble Supreme Court.



(h)        O/o CGDA, MoF/DoE or MoD stating in the reference that the Hon’ble Supreme Court upheld the Hon’ble High Court of Kerala’s orders and have misled even then learned Attorney General for India, Mr Goolam E Vahanvati.



Statement of Case (SoC) furnished by Service HQ for Ld Attorney General for India



21.        After a detailed perusal of the MoD’s implementing order dated 27.12.2012, Services HQ recommended resolution of four anomalies listed in Para 4 in a DO letter No. PC-4-PA/5437 dated 18.1.2013 (Annexure ‘P’) from the Chairman, Chiefs of Staff Committee (CoSC) & Chief of Air Staff (CAS) to the Hon’ble Raksha Mantri.



22.        The Hon’ble Raksha Mantri directed Service HQ to furnish a Statement of Case (SoC) for reference to and for legal opinion of then Ld Attorney General for India (Shri Goolam E Vahanvati). Services HQ furnished the SoC, (reference No. Air HQ/19141/7/AFPCC dated 02.4.2013), with numerical illustrations, for the consideration of then Learned Attorney General and sent it to his office thorough proper channels i.e. MoD. This SoC comprising the following four issues, and was sent by MoD to O/o CGDA and MoD (Finance) for comments: -          



(a)          Issue (Query) I – As on 1.1.1986 vs. With Effect from 1.1.1986



The factual position being as follows:-



(i)   In implementing the Hon’ble Supreme Court’s order dated 4.9.2012 by MoD in its order dated 27.12.2012 substituted the words in the order of the Hon’ble Supreme Court “with effect from 1.1.1986” with “as on 1.1.1986” for.



(ii)  Service HQ opined that by doing so, MoD created two classes of officers in the same rank – those who were in the ranks of Capt to Brig as on 1.1.1986 getting the benefit of the Hon’ble Court’s order and Rank Pay appropriate to the rank and those who would be promoted to the ranks of Capt to Brig on or after 2.1.1986 being denied Rank Pay.



(iii)           By using the term “w.e.f. 1.1.1986” the Hon’ble Supreme Court’s verdict would be complied with and Rank Pay would be continuous process for officers already in the ranks of Capt to Brig & equivalents as well as those who would be promoted to those ranks thereafter.



(b)          Issue (Query) II – Was there a Minimum of Pay for Each Rank in the recommendations of the 4th CPC.



The factual position being as follows: -



(i) Though CGDA and MoD asserted to the contrary quoting the Annexe 28.1 to Para 28.113, the 4th CPC did not recommend a minimum of pay for each rank. The 4th CPC provided a table in its Report at Annex to Para 28.113 but that visualised two aspects



(aa)      An annual increment of Rs 100 from Rs 2300 to Rs 5000 (Para 28.113 and Annex 28.1.), and



(ab)      The table (placed as illustration by 4th CPC at Annex 28.1 to Para 28.113) was for 28 years span of service from Lt to Brig (Para 28.15).



(ac)      SAI No. 1/S/1987, in para 6 (a) (ii) introduced a minimum pay for each rank, and



(ad)      In the ibid para, MoD also indicated the completed reckonable service for each rank. It may be noted that completed reckonable service for rank of Brig (and equivalent) is 23 years i.e. one year before he/they attain top of the integrated scale.   



(c)        Issue (Query) III – Increase in the top of the Integrated Scale by the extent of restored Rank Pay.



The factual position being as follows: -



(i)         MoD admitted that it had deducted Rank Pay before revising the pay (Annexure ‘G’).



(ii)        Service HQ therefore logically concluded that the Rank Pay of a Brig (Rs 1200) was also deducted to arrive at the top of the integrated scale amount of Rs 5100, even though a DIG, who was stated to be a Brig’s equivalent in pay matters in the 3rd CPC report but who did not draw Rank Pay, was placed at Rs 6350.



(iii)       Govt of India vide Resolution 9E, while approving the report of the 4th CPC



(aa) Improved the integrated scale from Rs 2300-100-4200-EB-100-5000 to Rs 2300-100-3900-150-4200-EB-150-5100,



(ab)      By this improvement, made the table (quoted often by O/o CGDA, MoD (Finance) and MoF in the reference to then Ld Attorney General)) at Annex 1 to Para 28.113 redundant, especially after integrated scale of Rs 3900,



(ac)      By the improvement also reduced the time span to 24 years by keeping the top of the scale at Rs 5100, and



(ad)      Thereby, Resolution 9E left an unfilled and unexplained gap of four years in the integrated scale,



(ae)      SAI No. 1/S/1987, in para 6 (a) (ii) introduced a completed reckonable service for each rank. It may be noted that completed reckonable service for rank of Brig (and equivalent) is 23 years i.e. one year service before he/they attain top of the integrated scale.  



(iv)       Therefore, if top of the integrated scale is not increased, then senior Lt Colonel, Colonel and Brigadier and equivalent in the Navy and Air Force would never enjoy the benefit of Rank Pay, or be paid a reduced amount of Rank Pay, and in some cases even be denied the 20% increase recommended by the 4th CPC and approved by the Govt of India in Resolution 9E.  



(d)        Issue (Query) IV – Applicability of the Hon’ble Supreme Court order to 5th CPC and consequent improvement in the Pay Bands for 6th CPC



The factual position being as follows: -

           

(i)         Service HQ’s position was that Rank Pay deduction had been held to be wrong by the Hon’ble Supreme Court.



(ii)        Further, MoD had filed an affidavit in the Hon’ble Supreme Court in I. A. No. 9 of 2010 in TP (C) No. 56 of 2007, attaching findings of the High Powered Committee, solemnly swearing that implementing the Hon’ble Court’s order dated 08.03.2010 would result in changes in scales for 5th CPC, and consequent effect on the pay Band and Grade Pay in the 6th CPC, and an outgo of Rs 1671.23 crore.



Comments on the SoC furnished by Service HQ by O/o CGDA, MoD (Finance) and Deptt of Expenditure, MoF

    

23.        MoD sent the Service HQ SoC dated 02.04.2013 to MoF/DoE on 04.06.2013 for its comments after obtaining comments of CGDA and MoD (Finance) dated 23.05.2013. A RTI application has revealed that Ministry of Finance, Deptt of Expenditure vide MoF, DoE ID Note No. 187654/E.IIIA/2012 dated 5.07.2013 (Annexure ‘Q’) has stated that “MoD has not prepared any draft reference to be made to then Ld Attorney General. The gist of comments of CGDA, MoD (Finance) and MoF (encompassing about 255 pages) have been brought out by the Ld Attorney General in the portion below titled ‘Opinion dated 03.09.2013 of then Learned Attorney General for India on the SoC and Comments thereon.’



24.        Kind attention is drawn to the following aspects before a reading of the opinion of then Ld Attorney General based on the comments of O/o CGDA and MoF/DoE:-



(a)        MoD has stated  that the “Pay Commission are only recommendatory authorities and that the final decision is taken by the Cabinet and as such the Cabinet decision is the final word on these matters”. In the present case as the illustrative examples were part of the recommendations in para 28.113 and the para in whole was approved by the Government, the existing methodology is in order” in Para 8 (xiii) of Note 70 of MoD File No. 34 (6)/2012-D (Pay/Services). This assertion of “methodology being in order” has since been faulted by the Hon’ble High Court of Kerala in O.P No. 2448 of 1996 and W A No. 518 of 1999 as well as by the Hon’ble Supreme Court in IA No. 9 of 2010 in TP (C) No. 56 of 2007. Further, illustrative examples are neither recommendations nor mandatory orders but explanations for easier understanding of the concept(s).



(b)        The above statement of MoD is an obvious and avoidable obfuscation of the truth. Resolution 9E (Annexure ‘C’), which is the approval of the Cabinet states at



“II.      Recommendations relating to other matters



…….(ii)           The recommendations of the Commissions relating to fixation of pay, grant of allowances, date of effect etc shall be accepted broadly after extending, where applicable to service officers, the improvements which have been accepted in regard to personnel below officer rank.”  



(c)        MoD and its subordinate department i.e. O/o CGDA, quote Para 28.113 of the 4th CPC Report (Annexure ‘A’) titled “Fixation of pay in the proposed scales” which states, inter alia,



“In Chapter 30 we have recommended the method for fixation of pay in the proposed scales for civilian employees, we recommend that the same method may be adopted for fixation of pay of armed forces personnel also. Since rank pay is a separate element for officers upto the rank of Brigadier and equivalent, the same may be taken into account while fixing pay in the integrated scale of pay recommended by us…..



(d)        Chapter 30 of the 4th CPC Report (Annexure ‘B’) reads, inter alia, as follows: -



“We have given careful consideration to all these suggestions. Taking all factors into account we recommend that pay of employees may be fixed in the proposed scales of pay in the following manner: - 



(i)               For all employees, an amount representing 20 per cent of basic pay in the existing scale subject to a minimum of Rs 50/- may be added to the “existing emoluments.” Pay may thereafter be fixed in the proposed scale at the stage next above the emoluments thus computed. If the minimum of the proposed scale is more than the amount so arrived at, pay may be fixed at the minimum of the proposed scale. For this purpose the term “existing emoluments” will include the following: -  



(a) Basic pay in the existing scale,



(b) Dearness pay, additional dearness allowance, and ad hoc dearness allowance appropriate to the basic pay admissible at index average 608 (1960 = 100), and



(c) Amounts of first and second instalments of interim relief admissible on the basic pay referred to in (a) above………”



Opinion dated 03.09.2013 of then Learned Attorney General for India on the SoC and Comments thereon



25.        The opinion of then Learned Attorney General dated 3rd September 2013 (Annexure ‘R’) resolved the following two issues: -



Query (I):   Whether the MoD orders dated 27 Dec 12 have modified the Special Army Instructions 1/S/87 and corresponding Navy and Air Force Instructions in so far as it relates to deduction of Rank Pay and direct to re-fix the initial pay of the concerned officers of the three services in the revised scale (integrated scale) as on 1.1.1986. Whether the term ‘with effect from 1.1.1986’ should be used as given in the Single Bench’s order dated 05.10.98 passed in the High Court of Kerala, instead of using ‘as on 01.01.1986’? What consequences this change in term will entail?.....



29.    The Kerala High Court held deduction of rank pay, in terms of Para 6 (a) (ii) to be unlawful, and this view has been upheld by the Supreme Court.



30.     Thus, the effect of decisions of the Kerala High Court and the Supreme Court is that at the time of fixation of pay in the revised scale, rank pay should not be deducted. The underlying principle is that rank pay is an emolument, and therefore, cannot be deducted when revised pay is fixed with reference to the pay being drawn earlier. 



31.     The Government needs to implement the orders of the Supreme Court in this spirit. It cannot confine the benefit of the orders to those officers whose pay was fixed as on 1.1.1986 after deduction of rank pay in terms of Para 6 (a) (ii). It must grant benefit to all those officers whose pay has been fixed after deducting rank pay, whether as on 1.1.1986 or after 1.1.1986. This must be done after properly verifying the facts.”



“Query (IV):          Since the treatment to Rank Pay while pay fixation carried out in 5th CPC was similar to that of the 4th CPC, whether orders of the Apex Court dated 04.09.2012 be applied to all subsequent Pay Commissions i.e. V and VI CPC under such circumstances…..



42.     In my opinion, the Government needs to implement the underlying principle laid down in Major Dhanapalan’s case i.e. rank pay cannot be deducted at the time of fixing pay in the revised scale. It is immaterial that in Major Dhanapalan’s case, only 4th Pay Commission was involved. The principle of law laid down is that rank pay cannot be deducted by fixing pay in the integrated scale. Since rank pay has been deducted at the time of fixing pay in subsequent pay commissions, the same would definitely have to be corrected. The officers covered by 5th and 6th Pay Commissions cannot be expected to approach the Courts for orders in the same terms.” 



Issues/Queries Requiring Resolution



26.        On the two remaining issues (queries) O/o CGDA presented certain statements through MoF and MoD (Finance) to then Ld Attorney General. Based on these statements, then Ld Attorney General stated, inter alia, “that O/o CGDA has stated in their note No. AT/1/1483/RB/X (PC)/V dated 23.5.2013 as follows: -



Query (II)    Whether the minimum pay for each rank given in Para 6 (a) (ii) of SAFI 1/S/87, needs to be re-fixed/changed?



32.     Para 6 (a) (ii) of the Instructions dated 26.05.1987 refers to officers in the ranks of Captain, Major, Lt Colonel, Colonel and Brigadier and indicates minimum pay in the integrated scale against each rank (emphasis supplied).



33.     According to the armed forces, the minimum pay for each rank needs to be revised after taking into account the non-deduction of rank pay in terms of the Court’s order.



34.     The CGDA has indicated that the minimum pay for each rank has not been arrived at after deduction of rank pay. It was in fact a recommendation of 4th CPC. Minimum pay has not been depressed due to deduction of rank pay. Further, there is no court order directing change in minimum pay for the rank. 



35.     The Ministry of Finance has indicated its agreement with views of CGDA.



36.     The issue of revision of pay scale did not arise and was not decided in Major Dhanapalan’s case. The issue of the minimum pay scale does not pertain to the real issue dealt with above. When the officer’s pay is revised in implementation of the Court’s order, the minimum of the pay scale does not come in the way, because if the pay has to be fixed at a stage next higher than the minimum, the same can be done. There is no need to revise the minimum, if as stated by the CGDA, it has been fixed on another basis (emphasis supplied).      



Query (III)  Whether the Basic Pay ceiling of integrated Scale in IV CPC for officers up to Brig/equivalent, which is Rs 5100/- also needs to be modified to give effect to the Court orders?  



37.     The differing views on this issue are as under:



ISSUE 3: REVISING THE TOP OF INTEGRATED SCALE



CGDA has pointed out that in order to benefit such officers an element of personal pay was projected in the instant case to MoF. But it was not agreed to by Ministry of Finance. In view of para 6 (o) of SAI 1/S/87 (Annexure XX) which states as under: -  



‘If the amount so computed as at sub-para a (ii) above is more than the maximum of the revised scale, the pay will be fixed at the maximum of the revised scale.’



The relevant Service Instructions provide for maximum three stagnation increments upto the rank of Brig, after completion of every two years qualifying service once the officer reaches the maximum of the scale. However, it is ensured that Basic Pay plus Dearness Allowance plus stagnation increments do not exceed the maximum of Basic Pay plus rank pay of the next higher rank i.e. Major General – Rs 5900-200-6700. 



Further, there is no court order directing changing of the integrated pay scale. In case the demand is met, the pay scale of next senior officers will get burst, disturbing the horizontal and vertical relativity pay scales on Services side, paramilitary forces and civilian side also.



Then Ld Attorney General quotes MoF views (vide MoF/DoE ID Note No. 187654/E.III-A2012 dated 5th July 2013) (were) as follows: -



This Ministry agrees with the view of the office of CGDA on this issue as contained in their note No. AT/1/1483/RB/X (PC)/V dated 23.5.2013.  



However, it has been mentioned in the said Note of the CGDA that in cases where emoluments (revised pay) computed without deducting rank pay crosses the maximum of the revised integrated scale, the Ministry of Defence has proposed that the difference by which the revised pay of the integrated pay scale may be protected by way of Personal Pay to be absorbed in stagnation increments or pay on promotion, but the same was not agreed to by the Ministry of Finance. The Ministry of Finance did not agree to the same for the following reasons: -  



(i)       At the outset, this issue was neither prayed for by Major Dhanapalan in his petition nor was it considered by the Hon’ble Kerala High Court nor is it covered in the order passed by the Hon’ble Court dt 5.10.1998.



(ii)      Para 6 (o) of Section II of the Special Army Instructions dated 26.5.1987 (Annexure XX) already provided that if the amount so computed as at pata 6 (a) (ii) is more than the maximum of the revised scale, the pay shall be fixed at the maximum of the revised scale. In other words, if the initial pay fixed in the revised integrated scale exceeds the maximum thereof, pay cannot be more than the said maximum. Thus now that the …. Pertaining to deduction of rank pay part at para 6 (a) (ii) from existing emoluments (or revised emoluments) as on 1.1.1986 has been removed, the amount computed without deduction for the fixation of initial pay/fitment in the revised pay scale as on 1.1.1986 also cannot exceed the maximum of the revised integrated scale effective from 1.1.1986 as the principle laid down in said para 6 (c) is not part of judicial pronouncement based on which the order of 27.12.2102 has been issued.       



Thus the demand of Service Headquarters does not flow from the judicial pronouncement in this case. This being so, its implementation as part of the order dt 27.12.2012 does not arise.  



Apart from the above, the proposal of the Ministry of Defence for Personal Pay, in such a case is not justified on merits also as brought out below: -



(i)       A person drawing pay in a particular scale of pay attached to the post held by him, cannot draw pay in excess of the maximum of the connected scale of pay. This is the concept of a Specific pay scale. Of course since the rank pay is a separate element, the total pay (Pay in the integrated scale + rank pay) can very well exceed the maximum of the integrated pay scale and that is exactly what is happening here. It is being …. that Rank Pay is a separate element in addition in the pay in the integrated scale and as such Pay + rank pay is not restricted to the maximum of the integrated scale. It is only the pay in the integrated scale that is not to exceed the maximum thereof.     



(ii)      A similar provision exists in proviso (b) to Rule 7 (1) (A) of the CCS (RP) Rules 1968 relating to fixation/fitment of initial pay of civilian Government servants in the revised pay scales as on 1.1.1986. A copy of the relevant extract from the said Rules is at Annexure XXII. Therefore, no special dispensation can be allowed in this case now that the pay to be fixed in the integrated pay scale as on and  w.e.f 1.1.1986 exceeds the maximum of the integrated scale.



(iii)      In case a person stagnates at the maximum of the scale, stagnation increments in the concerned pay scale as preapproved Rules are applicable. Office of CGDA has confirmed that stagnation increments are admissible to Armed Forces officers as per orders of 11.9.1987.



(iv)     In fact the phenomenon of initial pay fixed in a revised pay scale at the maximum from the very date of implementation of the revised pay scales has been specially taken note of by the 6th CPC. The 6th Central Pay Commission noted that many of the pay scales recommended by the 5th Central Pay Commission got “burst” at the time initial fixation where revised pay of some of the employees became higher than the maximum of the revised pay scales and these employees, therefore, had started to stagnate right from the time of implementation of the 5th Central Pay Commission pay scales. It is for this reason that the 6th Central Pay Commission has recommended the concept of running pay band instead of specific pay scales. The Commission noted that since the individual pay scale has a limited span, it often leads to stagnation. The Commission, therefore, recommended the concept of running pay bands to address these issues. In this connection, the recommendations of the Pay Commission contained in para 1.2.7, 1.2.8. and 2.2.4 are collectively placed at Annexure XXIII.     



(v)      Thus the situation as it existed upto 1.1.2006 was that there were cases of the employees reaching at the maximum of the individual pay scale and this did not by itself mean allowing them to draw pay more than the maximum of the pay scale by way of Personal pay. They were only allowed stagnation increments and that is admissible in case of Armed Forces personnel also. Therefore, any benefit in the form of personal pay is the instant matter is against the normal and general policy.



(vi)     Also, the initial pay fixed in this as on 1.1.1986, which is of course w.e.f 1.1.1986 after the order dated 27.12.2012 in implementation of the judicial pronouncement in this case, does not fall below the initial pay earlier fixed in the integrated pay scale before issue of the order dt 27.12.2012 and, therefore, this is no actual loss in the initial pay and hence, there is no basis for grant of personal pay in such cases.”     



38.     Para 6 (a) (c) of the Instructions dated 26.05.1987 provides as follows: -



“If the amount so computed as at sub-para (ii) above is more than the maximum of the revised scale, the pay will be fixed at the maximum of the revised scale.” 



39.    It is clear from the above that ceiling on pay scales rises out of Para 6 a) (c), which did not arise nor was considered in Major Dhanapalan’s case. 



40.     The only issue decided by the Kerala High Court and consequently the Supreme Court is whether rank pay is to be deducted at the time of fixing pay in the integrated scale in terms of Para 6 (a) (ii). Ceiling fixed under Para 6 (c) is not subject matter of these judgments.”  



Facts not presented to then Ld Attorney General

  

27.        Lord Chelmsford once observed “half a truth will sometimes amount to a real falsehood” (Peek v Gurney (1873) LR 6 HL 377 at 392. The following documented facts are presented as a rebuttal of comments of CGDA and MoD (Finance) dated 23.5.2013 and comments of MoF thereon dated 5.7.2013 (Annexure ‘Q’): -



Fact No. 1:     



(i)         MoD filed an IA No. 11 of 2013 in IA No. 9 of 2010 in TP (C) No. 56 of 2007 seeking extension of time for implementing order of the Hon’ble Court dated 4.9.2012.



(ii)        MoD did not seek any clarification in any of the issues raised by Service HQ vide letter dated 18.1.2013.



(iii)       Therefore, MoD’s assertions of “issues not raised” is a convenient ploy to limit the effect of the order of the Hon’ble Supreme Court.



Fact No. 2:     



Neither the O/o CGDA, MoD (Finance) nor the MoF/DoE placed before the Ld Attorney General the following fact(s) and/or document(s): -       



(i)         When Major Dhanapalan filed the O.P. No. 2448 of 1996 in February 1996, he was in the rank of Captain.



(ii)        Maj Dhanapalan retired from the Army at his own request on 31.8.1997 in the rank of Major.



(iii)       The improved integrated scale of pay of Rs 2300-100-3900-150-4200-EB-150-5100 is for officers from the rank of Lieutenant to Brigadier and equivalents in the Navy and Air Force.



(iv)       An officer would have to be at least a senior Lt Colonel or a Colonel or a Brigadier (as tables provided by O/o CGDA placed at Annexure ‘H’ show) to be affected by the top of the integrated scale after the wrong act of deduction of Rank Pay was corrected by the Hon’ble High Court of Kerala.



(v)        If Major Dhanapalan had been in the rank of a senior Lt Colonel or Colonel or Brigadier then, and only then, could he have approached the Hon’ble Court to address the issue of increasing the top of the integrated scale so that he does not suffer a pecuniary loss.



(vi)       Major Dhanapalan’s emoluments were nowhere near the top of the scale (AnnexureO’).



(vii)      Therefore the occasion for Major Dhanapalan to raise the issue or appeal for increase of the top of the integrated scale did not arise, and Maj Dhanapalan did not consider these issues in his original petition as they would have been irrelevant, infructous, mischievous, frivolous and vexatious.              



(viii)     However, among the similarly situated officers, merely because they have reached the top of the scale, there are many senior Lt Colonels, Colonels and Brigadiers who have not been given the pecuniary advantage of the restoration of the deduction of rank pay (Annexure ‘N’) by the Hon’ble Court correcting a wrong act of the MoD.



Fact No. 3:    



(i)       Rule 7 (1) (A) of the CCS (RP) Rules 1968 reads as follows: -



(1) The initial pay of a Government servant who elects, or is deemed to have elected under sub-rule (3) of Rule 6 to be governed by the revised scale on and from the 1st day of January 1986, shall unless in any case the President by special order otherwise directs, be fixed separately in respect of his substantive pay in the permanent post on which he holds a lien or would have held a lien if it had not been suspended, and in respect of his pay in the officiating post held by him…….…..(emphasis supplied)



(ii)        There was a remedy available but ignored by experts in CGDA, MoD (Finance) and MoF for unfathomable reasons. This document is Government of India, Ministry of Personnel, Public Grievances & Pensions (Department of Personnel & Training) O. M No. 1/2/86-Estt.( Pay-I) issued at New Delhi on  the 10th April, 1987 (Annexure ‘S’) which reads, inter alia, as follows: -



…. “2. In supersession of all the various existing orders, the President is pleased to decide that where a Government servant is promoted or appointed to another post carrying duties and responsibilities of greater importance than those attached to the post held by him, the provisions contained in FR. 22-C shall apply without pay limits”…...(emphasis supplied).



Fact No. 4:    



A request for information on the non-applicability or otherwise of the ibid OM from the CPIO O/o CGDA elicited the following response vide No. CPIO/AT/HQ/2013/II/1250 dated 26.11.2013 and UO Note No. AT/I/1483-Army/X (PC)/V dated 26.11.2013 (Annexure ‘T’): -



Para 6 (i): No advice on the non-applicability or otherwise of provisions of Para 2 of DOP&T OM dated 10th April 1987 (quoted in the application) vis-à-vis Rule 7 (1) (A) of CCS (RP) Rules 1986 is found to have been rendered by this office in this case.



Para 6 (ii): Neither any advice on ‘different options’ on this issue is found to have been sought by MoD nor given by this office in this case.”



Fact No. 5:    



(i)         CDA (O) [now PCDA (O)] decided after 12.7.2005 (the date Hon’ble Supreme Court dismissed UoI’s SLP (CC) No. 5908 of 2005) that Maj Dhanapalan would be paid only for the tenure of the 4th CPC, without informing him that the 5th CPC report dated 30.9.1997 contained the impugned deduction of Rank Pay while the matter was still to be decided by the Ld Single Judge of the Hon’ble High Court of Kerala.



(ii)        Maj Dhanapalan retired before the recommendations of the 5th CPC came into effect with the issue of SAI No. 2/S/98 dated 19.12 1997.



(iii)       The Ld Single Judge pronounced his judgment in O.P. No. 2448 of 1996 on 5.10.1998 upholding Maj Dhanapalan’s argument that Rank Pay was deducted wrongly for re-fixing his revised emoluments.



(iv)       In none of the subsequent cases, either in Maj Dhanapalan vs Uoi & Ors (W. A. No. 518 of 1999 or W. A. 510 of 2000 with clarifications required by the Hon’ble High Court of Kerala) or in UoI vs. Lt Col N K Nair & Ors MoD has stated F. No. 35(1) 2013 –the 26th April, 2013 (Annexure ‘U’) as follows



…..(ix)          No reference was made to SAI/SNI/SAFI No. 2/S/1998 of 19th December 1997 in Memorandum of Writ Appeal and Additional Affidavit filed therein. Copies of these documents are enclosed herewith. Information on the background of the decision not to inform the High Court cannot be given as it is not available on records of D (Pay/Services)…..



Fact No. 6:    



The MoD and CGDA have put misleading statements or half-truths in their briefs to the Senior Ld Law Officers such as Additional Solicitor-Generals and Solicitor-Generals of the Government of India and Hon’ble Courts in



(a)        Writ Appeal No. 518 of 1999 in O. P. No. 2448 of 1996 in Maj Dhanapalan Vs. UoI & Ors, and



(b)        Transfer Petition (C) No. 56 of 2007 & tagged cases as well as Interlocutory Application No. 9 of 2010 and tagged cases in UoI Vs Lt Col N. K. Nair & Others.



28.        Subsequent to opinion of Ld Attorney General dated 03.09.2013, the Chairman Chiefs of Staff Committee & CAS again met the Raksha Mantri, who directed that Service HQ and MoD to send separate cases to the Ld Attorney General, placing their views and information on the two disputed issues. Service HQ, vide Air HQ/99139/19/AFPCC (Ty BM-XIII) dated 25.11.2013, sent to then Ld Attorney General another SoC which he returned unactioned with comment that it be sent through MoD. MoD then referred the same, after fresh approval of then Hon’ble Raksha Mantri, to the LA (Defence) on 07.01.2014.



29.        LA (Def) reiterating the opinion of then Ld Attorney General dated 03.09.2013 returned the file as ‘no fresh legal issue on which the legal opinion of the Ld A.G may be sought’ after discussing with and obtaining the approval of JS & LA (Shri Inder Kumar) on 13.02.2014. Notes Nos. 53 to 60 of MoD F No. 34 (10)/2013-D (Pay/Services) refer.



Corrigenda dated 24.07.2014 to MoD letter dated 27.12.2014



30.        MoD issued a corrigenda No. 34 (10)/2013/D(Pay/Services) dated 24.7.2014 (Annexure ‘V’), implementing the two issues resolved in then Ld Attorney General’s opinion dated 03.09.2013, a day prior to the hearing  on 25.07.2014 of Contempt Petition (Civil) No. 328 of 2014 in Lt Col N K Nair & Anr Vs UoI with incumbent Defence Secretary and CGDA as alleged Contemnors impleaded on the direction of the Hon’ble Court dated 31.3.2014.



Conclusion



31.        In conclusion, believing in the National motto of Satyam ev Jayate and exercising a citizen’s fundamental duty, I have placed the truth and facts available from Hon’ble Court orders and from UoI’s files obtained in numerous requests for information under the RTI Act 2005, for perusal of the incumbent Ld Attorney General, the Conscience Keeper of the Govt of India and its highest Law Officer. My hope is that you will have them verified from original documents, take cognisance of the veracity of the aforementioned statements and, then decide to act of the side of truth and justice by rendering your informed and learned opinion on the remaining two issues (which are also part of the ibid Contempt Petition (Civil) No. 328 of 2013: -



(a)        Issue/Query II: Whether the 4th CPC had recommended a minimum pay for each rank, and if not whether a revision to the extent of applicable Rank Pay for each rank is required,  



(b)        Issue/Query III: Whether the ceiling of the scale of pay needs to be increased by the amount of Rank Pay (of Brigadiers & equivalents).





Yours truly,


                                                                                                                                                Sd/----------
Enclosures:      Listed Annexures  

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