Copy Number: One
Right to
Information Act, 2005
Complaint
before
Central
Information Commission,
August Kranti
Bhawan, Bhikaji Cama Place
New Delhi – 110
066
Submitted under
Section 18 (1) (b) and (f) of the Right to Information Act, 2005
Complaint No. ___________________
dated _______________
[For Office Use
only]
Date of Submission: 9th
May 2017
INDEX OF
COMPLAINT
|
S No.
|
Item
|
Page(s)
Number(s)
|
|
1
|
Complaint under Section 18 (1) (b) and (f) of the Right to
Information Act, 2005
|
1 to 6
|
|
2
|
MODEF/R/2016/52749 dated 10th September 2016 (Annexure ‘A’)
|
7
|
|
3
|
MoD F No. 35 (1)/2015/D (Pay/Services) dated 1st
November 2016 (Annexure ‘B’)
|
8
|
|
4
|
MoD F No. 35 (1)/2015/D (Pay/Services) dated 16th
December 2016 (Annexure ‘C’)
|
9
|
|
5
|
MODEF/R/2017/50746 dated 20th March 2017 (Annexure ‘D’)
|
10
|
|
6
|
On line status dated 27th April 2017 of
MODEF/R/2017/50746 (Annexure ‘E’)
|
11
|
|
7
|
MoD F No. 35 (1)/2015/D (Pay/Services) dated 12th
April 2017 (Annexure ‘F’) received
on 2nd May 2017
|
12
|
|
8
|
Photocopy of MoD envelope showing date of dispatch (Annexure ‘G’)
|
13
|
|
9
|
Photocopy of relevant portion Of Resolution 1 (E) concerning
Pay and Allowances for Officers of the Defence Forces (Annexure ‘H’).
|
14
|
|
10
|
Photocopy online RTI request MODEF/R/2016/53600 dated 28th
November 2016 and of notings on MoD File No, 1(11)/2016-D (P/S) provided vide
MoD F No. 35(1)/2015/D (Pay/Services) dated 2nd January 2017 (Annexure ‘J-1’) to that led to issue of MoD letter No. 1 (11)/2016/D
(Pay/Services) dated 10th October 2016 for payment of arrears on ad-hoc basis (Annexure ‘J-2’).
|
15 to 24
|
|
11
|
Extract of the article in The Hindu dated 3rd May
2017 (Annexure K)
|
25
|
The Right to
Information Act, 2005
Complaint
before Central Information Commission
Submitted under
Section 18 of the Right to Information Act -2005
BETWEEN
S Y Savur
141, Jal Vayu
Towers,
NGEF Layout,
Indira Nagar
(PO),
Bangalore –
560038
Contact No:
+918762516278
Email ID: sharad10525@gmail.com
AND
1. Shri Prashant Rastogi,
CPIO & Under Secretary,
D (Pay/Services),
Ministry of Defence
Sena Bhawan, New Delhi – 110 011
COMPLAINT UNDER SECTION 18(1) OF THE RTI ACT, 2005
1. Name and Address of the Complainant: S Y SAVUR, 141, JAL VAYU TOWERS, N G E F
LAYOUT, INDIRA NAGAR (PO), BANGALORE - 560038
2. Name and address of the Central Public
Information Officer against the decision of whom the complaint is preferred:
- SHRI PRASHANT RASTOGI, UNDER SECRETARY, D (PAY/SERVICES), MINISTRY OF DEFENCE,
SENA BHAWAN, NEW DELHI - 110011
3. Brief facts leading to complaint under the
section 18 (1) (b) and (f) the complaint is preferred.
(a) Vide RTI online
application number MODEF/R/2016/52749 dated 10th September 2016 (Annexure ‘A’), MoD was requested for
file notings that culminated in the issue of MoD Resolution No. 01 (E)
reference number F No. 1 (6)/2016/D (Pay/Services) and Resolution 02 (E)
reference number F No. 1 (7)/2016/D (Pay/Services) both dated 5th
September 2016 notifying pay scales for the Defence Forces.
(b) Vide reply MoD F
No. 35 (1)/2015/D (Pay/Services) dated 1st November 2016 (Annexure ‘B’) CPIO, D (Pay/Services)
MoD requested this complainant to pay Rs 70/- (Rupees Seventy only) towards
photocopying charges for 35 pages of file notings pertaining to the above
request.
(c) Vide another letter
of even reference dated 16th December 2016 (Annexure ‘C’), the same CPIO stated “that relevant file is under
submission in connection with another matter. The information shall be given on
receipt of the file in this section.”
(d) As a Second Appeal under
Section 19 (3) may not have been accepted because 90 days had already passed
from the date on which a decision should have been made on the RTI request
dated 10th September 2016 (Annexure
‘A), this complainant filed yet another RTI online application
MODEF/R/2017/50746 dated 20th March 2017 (Annexure ‘D’), requesting the information for which this
complainant had paid Rs 70/- as cost of photocopying 35 pages of file notings.
(e) This complainant
received a sms on 27th April 2017 that the above application has
been disposed and to check the RTI online website for the status. The status (Annexure ‘E’) stated that a reply of
even reference dated 12th April 2017 was sent to this complainant.
In the online status dated 27th April 2017, the CPIO has stated that
the Appellate Authority is Shri Preetpal Singh, the Director (AG-I) whose
office is Room No. 102, Sena Bhawan.
(f) On 2nd
May 2017, the above referred letter of 12th April 2017 (Annexure ‘F’) was received by Speed
Post and the envelope indicates that the letter was dispatched only on 29th
April 2017 (Annexure ‘G’).
(g) Vide the letter of
even reference dated 12th April 2017, the CPIO has refused to
provide information citing section 8 (1) of the RTI Act, 2005 on the grounds ‘that
the information can be used to create dissatisfaction/unrest in Defence Forces,
which will prejudicially affect the security of the country.’ In this reply, the
CPIO has stated that the Appellate Authority is Ms Manisha Bhatnagar, Deputy
Secretary (AG-I), located in Room 102 of Sena Bhawan.
5. The particulars of the application,
including number and date are as follows: -
(a) MODEF/R/2016/52749
dated 10th September 2016 (Annexure ‘A’)
(b) MoD F No. 35
(1)/2015/D (Pay/Services) dated 1st November 2016 (Annexure ‘B’)
(c) MoD F No. 35
(1)/2015/D (Pay/Services) dated 16th December 2016 (Annexure ‘C’)
(d) MODEF/R/2017/50746
dated 20th March 2017 (Annexure ‘D’)
(e) On line status (Annexure ‘E’)
(f) MoD F No. 35
(1)/2015/D (Pay/Services) dated 12th April 2017 (Annexure ‘F’)
(g) Photocopy of MoD
envelope showing date of dispatch (Annexure ‘G’)
(h) Photocopy of
relevant portion Of Resolution 1 (E) concerning Pay and Allowances for Officers
of the Defence Forces (Annexure ‘H’).
(j) MoD letter No. 1
(11)/2016/D (Pay/Services) dated 10th October 2016 for payment of
arrears on ad-hoc basis (Annexure ‘J’)
(k) Extract of the
article in The Hindu dated 3rd May 2017 (Annexure ‘K’).
6. Name and address of the Central Public
Information Officer against the decision of whom the complaint is preferred:
- SHRI PRASHANT RASTOGI, UNDER SECRETARY, D (PAY/SERVICES), MINISTRY OF DEFENCE,
SENA BHAWAN, NEW DELHI - 110011
7. Prayer
or relief sought: - I humbly
request you
(a) To pass orders to
the D (Pay/Services), MoD, the CPIO to accept my RTI application and provide me
with the information, and I humbly request for action against the CPIO/FAA/ D
(Pay/Services MoD and impose a fine to prevent misuse of Section 8 (1) of the
Act for baseless and fallacious reasons.
(b) Pass order for an unqualified
written apology from the CPIO for indirectly intimidating this applicant/complainant for stating that
the information requested for “can be
used to create dissatisfaction/unrest in Defence Forces” (Para 2 of
Annexure G refers), and thereby (i) without any proof, imputing mala fide
motives against a law biding, income tax paying, senior citizen of India
seeking information legitimately through the RTI Act, 2005 which has been
legislated by the Parliament of India and notified by the Govt of India, (ii) Without
citing reasons for his allegation, casting
aspersions on my character and (iii) Doubting my patriotism, my pride in
the Nation, and its Defence Forces.
8. Grounds for the prayer or relief: -
(a) Reply
received from CPIO is unsatisfactory, intimidatory, and information has been
wrongly and unjustifiably refused. If the matter was so grave as to have adverse
effect on the Defence Forces, then the CPIO, apparently with the approval of
the higher bureaucracy (i) Would not have requested for payment of photocopying
charges, (Annexure ‘B’), and (ii) Given a false assurance through an interim
reply that the file is under submission in connection with another matter and
assured that the information shall be given on receipt of the file in the section,
though such an assurance was not necessary (Annexure ‘C’).
(b) CPIO has intimidated this applicant/complainant
and restrained me from exercising my right under the Act by quoting Section 8 1
(a).
(c) CPIO has, without
any reason, averred that disclosure of the requested for information ‘can be used to create
dissatisfaction/unrest in the Defence Forces which will prejudicially affect
the security of the country’ (emphasis supplied) thereby imputing non-existent
motives.
(d) Resolution 1 (E) for Pay of Officers of the Armed Forces,
and Resolution 2 (E) for Personnel Below Officer Rank (PBOR), both dated 5th
September 2016 have been published on the website of the MoD.
(e) Resolution 1 (E) is
a modification, after the Defence Forces openly opposed expressed
dissatisfaction on the recommendations of the 7th CPC and it has
been highlighted in the print and electronic media.
(f) The modifications,
(Photocopy of relevant portion placed at Annexure
‘H’), to assuage the dissatisfaction in the Defence Forces were as
follows:-
(i) The Rationalisation factor recommended by the 7th
Central Pay Commission relating to officers of the rank of Brigadier and
equivalent, was increased from 2.57 to 2.67, (as per a Press Release dated 3rd
May 2017, this increased factor is likely to be extended to officers of the
ranks of Lt Cols and Cols and equivalents,
(ii) The Defence Pay Matrix for PBOR and for officers of the
ranks of Lt Col. Col and Brig and equivalents was extended.
(g) It is common
knowledge from reports in the media, interactions of the then Raksha Mantri
with Tri-Services Pay Cells that the Defence Forces were already dissatisfied with
the Resolutions 1 (E) and 2 (E) dated 5th September 2016 before
MODEF/R/2016/52749 dated 10th September 2016. If concrete proof be
needed it is there in the truth that the Defence Forces had sought permission not
to implement the above Resolutions till the core anomalies are satisfactorily
resolved.
(h) The CPIO, Department
of Pay/Services, MoD is aware that due to existing dissatisfaction and
reluctance of the Defence Services to implement Resolutions 1 (E) and 2 (E),
for the first time since Independence, the Defence Forces requested for and
were given only one time for 9 months the arrears of pay and allowances at the
6th CPC rates on an ad-hoc basis as file notings provided by MoD
indicate (Annexure ‘J-1’) vide MoD
letter No. 1 (11)/2016/D (Pay/Services) dated 10th October 2016 (Annexure ‘J-2’). The contents of the
file notings will indicate to any intelligent mind that dissatisfaction already
existed even at the highest levels (Chairman, Chiefs of Staff Committee and
Chief of the Air Staff) as revealed in Note 4 of Annexure J-1.
(j) The CPIO of the
Department of Pay/Services, MoD is creating baseless reasons that such disclosure
of information will create dissatisfaction and that the security of the country
will be adversely affected. Surely,
the CPIO/Under Secretary can not be so ignorant of the truth that inspite of the dissatisfaction in the
Defence Forces, the Army had mounted
surgical strikes on 29th September 2016, i.e 24 days after the
impugned Resolutions 1 (E) and 2 (E).
(k) The CPIO, Department
of Pay/Services is aware that due to the dissatisfaction amongst the Defence
Forces, all of them initially declined, again for the first time after
Independence, and later on delayed in providing draft Special Army/Navy/Air
Force Instructions for implementing the impugned award of the 7th
CPC.
(l) CPIO, Department
of Pay/services is aware that dissatisfaction with the Department’s treatment
of the Armed Forces notwithstanding, hiding the Defence Forces continue to provide security to the Nation and suffer
fatalities, critical injuries, even mutilations of their dead personnel whilst
defending the Nation (Extract of the article in The Hindu dated 3rd
May 2017 (Annexure K).
9. The denial of
information is purely a bureaucratic obfuscation hiding behind the cloak of
Section 8 (1) (a) stating “information likely to create dissatisfaction in the Defence Forces and likely to aversely
affect national security” when dissatisfaction already exists (Annexure J-1),
which compels this applicant/complainant to pray to the Central Information
Commission to inquire into and take necessary action against the CPIO and order
him to provide the information requested for vide MODEF/R/2017/50746 (emphasis
supplied), before taking exemplary steps to ensure that provisions of the RTI
Act 2005 are mot misused on whim and imagined threats.
10. Verification by the complainant: I
hereby verify that the aforementioned facts are true to the best of my
knowledge and belief. I also declare that this matter is not previously filed
with this commission or is pending with any Court or tribunal or authority. I
also declare that I have authenticated all copies attached to this complaint.
Place:
Bangalore - 560038
Date: 9th May 2017
(S.
Y. SAVUR)
Name of the applicant/complainant
Annexures A to J-2
(except H)
RTI Request Registration number MODEF/R/2016/52749
Public Authority: Department of Defence
Personal Details of RTI
Applicant:-
Name S Y Savur
Description of Information Sought
Please refer to MoD Resolution 01 (E), F No. 1 (6)/2016/D
(Pay/Services) and 02 (E), F No. 1(7)/2016/D (Pay/Services) both dated 05 Sep
2016.
2. Please
provide photocopies of information as defined in Sec 2 (f) of the RTI Act, 2005
including file notings, departmental and inter-ministerial discussions,
deliberations, memos, UOs, ID Notes related to the issue of the above
Resolutions.
Additional payment requirement may please be intimated online for
speedy payment and expeditious provision of information requested for.
Request for Additional
Payment
RTI MATTER
35(1)/2015/D
(Pay/Services)
Government of India
Ministry of Defence
New Delhi, Dated 1st
November, 2016
To
Shri S Y Savur,
141, Jal Vayu Towers,
NGEF Layout,
Indira Nagar (PO),
Bangalore - 560038
Subject: Seeking information under RTI Act, 2005
Sir,
Reference
is invited to MoD ID No. MODEF/R/2016/52749/D (RTI) dated 29.09.2016 forwarding
your application dated 07.09.2016 (Received in this office on 13.10.2016) on
the above subject.
2. The requested information/documents available in this Section
relating to the issue of the MoD Resolution 01 (E), F No. 1(6)/2016/D
(Pay/Services) and 02 (E), F No. 1(7)/2016/D (Pay/Services) both dated 05
September 2016 are in 35 pages. You are therefore, requested to deposit Rs 70/-
(@ Rs 2/- per page for 35 pages) for providing copies of file notings etc in
the form of IPOs which needs to be drawn in favour of AO (DAD), Ministry of
Defence (Civil). The other modes of payment as prescribed in RTI Act, 2005 may
also be used for depositing the prescribed fee before the requisite information
is sent by the Ministry.
Yours faithfully,
Sd/-------------
1/11/16
(Prashant Rastogi)
CPIO & Under
Secretary
Additional Payment
From 22
Nov 16
S Y Savur,
141, Jal Vayu Towers,
NGEF Layout, Indira Nagar (PO),
Bangalore – 560038
To,
CPIO & Under-Secretary, D (Pay/Services)
(Attn: Shri Prashant Rastogi)
Ministry of Defence
Sena Bhawan
New Delhi – 110011
Sub: Additional
payment for information requested under RTI Act, 2005
Sir,
Please refer to MoD 35(1)/2015/D
(Pay/Services) dated 01 Nov 16, received on 14 Nov 16.
Enclosed are Indian Postal Orders
for the value of Rs 70/- drawn in favour of AO (DAD), Ministry of Defence
(Civil) payable at New Delhi for 35 photocopied pages relevant to MoD ID No.
MODEF/R/2016/52749/D (RTI) dated 29.09.2016 received in your office on
13/10.2016.
Please acknowledge receipt.
Yours faithfully,
(S Y Savur)
Encl: IPOs Numbers
87G-016565 for Rs 50/- and 25G-825129 for Rs 20/-.
Speed Post
RTI Matter
No. 35 (1)/2015/D
(Pay/Services)
Government of India
Ministry of Defence
New Delhi, the 16th
December 2016
To
Shri S Y
Savur,
141, Jal Vayu Towers,
NGEF Layout,
Indira Nagar (PO),
Bangalore – 560038
Subject: Seeking information
under RTI Act – 2005
Sir,
I am directed
to refer to your letter dated 19 Nov 2016 (Received on 29.11.2016) enclosing
therewith IPOs of Rs 70/- towards cost of photocopying charges in response to
MoD ID Note of even number dated 01 Nov 2016.
2. In this regard, it is stated that the relevant file is under
submission in connection with examination of another matter. The information
shall be given on receipt of the required file in the section.
3.
The Appellate Authority is Shri Preetpal Singh,
Director (AG-I), Ministry of Defence, Room No. 102, Sena Bhavan, New
Delhi.
Yours
faithfully,
Sd/----------------
16/12/17
(Prashant
Rastogi)
Under
Secretary & CPIO
Copy to:
D (Cash) – alongwith IPOs of Rs
50/- (No. 87G 016565) and Rs 20/- (No. 25G 825129) n.a
Speed Post
RTI Matter
No. 35 (1)/2015/D
(Pay/Services)
Government of India
Ministry of Defence
New Delhi, the 12th
April, 2017
To
Shri S Y
Savur,
141, Jal Vayu Towers,
NGEF Layout,
Indira Nagar (PO),
Bangalore – 560038
Subject: Seeking information
under RTI Act – 2005
Sir,
Reference
is invited to your on-line RTI application dated 20.3.2017 (Regn No.
MODEF/R/2017/50746) and this Ministry’s ID Note of even number dated 16th
December 2016 on the above subject.
2. The matter has been re-examined and it is stated that the
information/notings in the MoD file on pay and allowances of the Armed Forces
cannot be provided because the information can be used to create
dissatisfaction/unrest in Defence Forces, which will prejudicially affect the
security of the country. The information, can, therefore, not be furnished as
provided under Section 8 1 (a) of the RTI Act, 2005. However, the matter regarding
returning the amount of Rs 70/- deposited earlier as the cost of photocopy
charges, is separately being taken up with Cash section of MoD.
3. The Appellate Authority is Ms Manisha Bhatnagar, Deputy
Secretary (AG-I), Ministry of Defence, Room No. 102, Sena Bhawan, New Delhi.
Yours faithfully,
Sd/-------------
12/4/17
(Prashant Rastogi)
Under Secretary &
CPIO
Online RTI Status
Form
|
Enter Registration Number
|
MODEF/R/2017/50746
|
|
Name
|
S Y SAVUR
|
|
Date of filing
|
20/3/2017
|
|
Public Authority
|
Department of Defence
|
|
Status
|
REQUEST DISPOSED OF
|
|
Date of
Action
|
27/04/2017
|
|
Reply: - Reply sent vide MoD
letter No. 35 (1)/2015-D (Pay/Services) dated 12.4.2017
|
|
|
CPIO details: -
|
Prashant Rastogi
Phone:
|
|
First Appellate Authority
Details: -
|
Preetpal Singh
Phone: 23011593
|
|
Nodal Officer
Details: -
|
|
|
Telephone Number
|
23016813
|
|
Email ID
|
|
Online
RTI Request Form Details
RTI Request Details:-
RTI Request Registration number MODEF/R/2016/53600
Public Authority Department of Defence
Description of Information Sought
1. Please refer
to MoD No. 1(11)/2016/D (Pay/Services) dated 10.10.2016 sanctioning pay arrears
on ad hoc basis to serving personnel of Indian Armed
Forces i.e Indian Army, Indian Navy, and
Indian Air Force.
2. Please
provide information as defined in Section 2 (f) of the RTI Act 2005 including
file notings, minutes, or record of discussions and deliberations, OMs, ID
Notes, etc leading to the issue of the above-mentioned letter dated 10.10.2016.
3. Further, in
pursuance of the directions of the honourable Prime Minister, please enable the
function of additional payment online in this website for photocopies of the
information instead of requesting payment by IPO/DD.
Reply by MoD
35(1)/2015/D
(Pay/Services)
Government
of India
Ministry
of Defence
New Delhi,
dated 2nd January 2017
To
Shri S Y Savur
Subject: Seeking Information under RTI Act, 2005
Sir,
Reference your RTI application No.
MODEF/R/2016/53600 dated 28.11.2016 (received in this section on 09.12.2016) on
the above subject.
2. As requested
vide para 1 and 2, the copies of file notings of MoD letter No. 1 (11)/2016/D
(Pay/Services) dated 10.10.2016 are enclosed for your information. An amount of
Rs 14/- (Rs 2/- per copy) may be sent through any of the mode prescribed under
RTI Act, 2005 towards cost of photocopy charges. Regarding reply in respect of
para 3, a copy of representation received is being sent to D (RTI) with whom
the matter may be taken up.
3. Shri Preet
Pal Singh, Director (AG-I), Ministry of Defence, Room No. 102, “B” Wing, Sena
Bhawan, New Delhi is the first appellate authority.
Yours faithfully,
Sd/---------------2/1/17
(Prashant Rastogi)
CPIO & Under Secretary
Copy for necessary action to: - D (RTI), MoD w.r.t. their ID No. MODEF/R/2016/53600/D (RTI)
dated 05.12.2016 for giving favourable reply to the applicant regarding para 3.
-1-
Receipt………….TRIPAS letter d/d 20/9/16
File No.
1(11)/2016-D(P/S)
This has
reference to Lt Gen Rakesh Sharma’s letter to Defence Secretary, requesting for
payment of an Interim Relief (@ 10% of the existing pay and on DA @ 125%) along
with arrears on adhoc basis, on the grounds that process to issue Special
Army/Navy/Air Force Instructions for implementing the Government Award is time
consuming. However, while making this
request, Army has linked the matter with revision of 7th CPC Award
by proposing that balance adjustment be taken after completion of revision of 7th
CPC Award for defence forces. It needs to be pointed out here that vide his
letter dated 15 Sept 2016 to Chairman COSC, Defence Secretary had clearly
conveyed RM’s direction that all the three Service HQ issue necessary
instructions forthwith for implementation of the Resolution of 5th
September 2016.
2. Vide the ibid
letter, Army has also requested that their concerns (as submitted on 20 Jan
2016), related to pay and allowances be addressed through constitution of an
Anomaly Redressal Committee. This issue will be examined separately on
file.
3. Army has
also requested that in the committee formed for Allowances and Pensions, the
Pay Cells of the three Services be called in to present their case. Separate
file on this issue as regards allowances has already been moved for Defence
Secretary’s directions.
4. It is
proposed that after seeking RM’s approval, Defence Secretary may convey the
following decision to Chairman COSC vide the draft across:
(a) in-principle
approval of RM for payment of Interim Award (at the rate mentioned in ibid
letter), only on the grounds that issue of Special Army/Navy/Air Force
instructions for implementing the MoD’s 5th Sept 2016 Resolution may
take some time. The proposal of payment of Interim Award will be further
processed on receipt of detailed proposal from Army.
(b) The
detailed proposal for payment of Interim Award should also mention the date by
which Special Army/Navy/Air Force instructions shall be furnished to MoD.
4.
The Special Army/Navy/Air Force instructions
shall be framed strictly on the basis of MoD’s 5th Sept 2016
Resolution on 7th CPC recommendations without waiting for government’s
final decision on pay and allowances related concerns of the Defence Forces.
5.
Para 4 is submitted for RM’s consideration.
Sd/---------------
29/9
(Preet Pal Singh)
Director (AG I)
JS
(E) Sd/-------------- 29/9/16
Defence
Secretary
-3-
Ministry of
Defence
The
foregoing notes may please be perused. This note is in response to DO letter
received from AG, Lt Gen Rakesh Sharma (page 3-5/c). The proposal at para 4
(a), (b) and (c) on pre-page is put up for RM’s orders.
2. In this
context, it may be recalled that the Services had put off the implementation of
the resolution dated 5th September 2016 of the Ministry of Defence
relating to the implementation of the recommendations of the 7th CPC
as applicable to Defence Services. Subsequently, a direction was issued asking
all the three Services to implement the orders forthwith without waiting for
their grievances to be redressed. Now, the Army has asked for payment of
interim award at the rates mentioned in para 1 at 1/N saying that the issue of
the relevant orders fixing pay of the officers and Service personnel will take
time. While this is acceptable because of the forthcoming festive season, the
flip side is that the Services may defer the actual implementation of the 7th
CPC recommendations after releasing the interim relief on the plea that the
grievances are awaiting redressal. The letter of AG mentions this at para 4
(F/X). This is not acceptable in view of RM’s clear directions. Fixation of the
pay has to be done forthwith and it should not be held up till the Government
addressed the grievances as this is likely to take quite some time. In view of
these, we may communicate the proposal at para 4 (a), (b) & (c).
3.
For approval please.
Sd/--------------
(G Mohan Kumar)
Defence Secretary
30.09.2016
RM Sd/-----30/09
Def
Sec DO issued Sd/--------- 1/10
JS
(E) Sd/----------- 5/10/16
Dir
(AG-I) Sd/---------- 5/x
US
(P/S) On leave
SO
(P/S)
-4-
Reference Notes from page 3/n
The subject
matter is regarding a reference received from Lt Gen Rakesh Sharma’s letter to
Defence Secretary requesting for payment of an Interim Relief (@ 10% of the
existing pay and on DA @ 125%) along with the arrears on adhoc basis, on the
grounds that process to issue Special Army/Navy/Air Force instructions for
implementing the Government award is time consuming.
Hon’ble Raksha Mantri has give in-principle approval to
the Services’ proposal for payment of interim relief on pay along with arrears
to pass the benefit of 7th CPC award to Defence Personnel as soon as
possible, keeping in view that the issue of Special Army/Navy/Air Force
instructions may take some time. However, the views of the Hon’ble RM has been
conveyed to Air Chief Marshal vide DO dated 30-9-2016 from the Defence
Secretary, that the three Services HQ must prepare the draft SAI/SNI/SAFI
strictly as per the Resolution dated 5th September 2016 issued by
the Ministry, as early as possible. Hon’ble RM further directed that while
sending the detailed proposal for payment of interim relief, the time required
to prepare and furnish SAI/SNI/SAFI to the Ministry may also be intimated.
In response
to the above mentioned DO dated 30-9-2016, we have now received the DGL for
payment of interim relief @ 10% of existing Basic Pay plus Dearness Allowance
(DA @125%) along with arrears. The adhoc payment is proposed to be paid only to
those personnel who were in service as on 1-1-2016 and continue to be in
service and the amount so paid will be adjusted against the final computation
of arrears on the revised pay scales. The pay being drawn as on 1-1-2016 will
be reckoned for calculating the arrears.
In view of
the above, we may recommend the proposal to the Defence (Finance) (AG/PA) for
their concurrence and countersignature of the draft DGL which is placed
opposite. JS (E) may kindly approve before the file is sent to Defence
(Finance).
Sd/---------
(Laxmi)
5/10/16
SO (P/S)
US
(P/S) on leave
Dir
(AG-I) Sd/--------5/x
JS
(E) Sd/------------5/10/16
Dir
(AG-I)5/x
AFA
(AG/PA) Sd/---------6/10/16
-5-
Ministry of Defence (Finance)
AG/PA
Ref: Preceding note No. 4/ante
recorded by MOD/D(P/S).
2. The proposal
of MoD pertains to payment of an interim Relief @ 10% of the existing pay and
DA @ 125% along with the arrears on adhoc basis, on the ground that process to
issue Special Army/Navy/Air Force instructions for implementing the Government
7th CPC Award is time consuming.
3. Hon’ble
Raksha Mantri has given in-principle approval (Page 7/corr) to the Services
proposal for payment of interim relief on pay along with arrears to pass the
benefit of 7th CPC award to Defence Personnel as soon as possible,
keeping in view that the issue of Special Army/Navy/Air Force instructions
based on MoD’s 5th September, 2016 Resolution may take some time.
However, the views of the Hon’ble RM have been conveyed to Air Chief Marshal
vide DO dated 30.9.2016 from the Defence Secretary, that the three Services HQ
must prepare the draft SAI/SNI/SAFI strictly as per the Resolution dated 5th
September 2016 issued by the Ministry, as soon as possible.
4. Accordingly,
MoD has proposed a DGL (proposed by COSC Secretariat) for payment of interim
relief @10% of existing Basic Pay plus Dearness Allowance (DA 125%) along with
arrears. The adhoc payment is proposed to be paid only to those personnel who
were in service as on 1.1.2016 and continue to be in service and the amount so
paid will be adjusted against the final computation of arrears on the revised
pay scales. The pay being drawn as on 1.1.2016 will be reckoned for calculating
arrears. The proposal has been approved by JS (E).
4.
In view of the above, the proposal of MoD/D
(P/S) is submitted for consideration and approval of Secretary
(Defence/Finance)/FA (DS).
Sd/-----------------
DFA (AG) Sd/----------6/10/16
Addl FA (RS) & JS on
leave
Addl FA (AN) & JS L.O.I on leave
Secy (D.F)/FA (DS)
-6-
From pre-page
1. Reference
preceding notes
2. Hon’ble RM
has already approved ‘in principle’ the proposal for adhoc release of arrears
after issue of Resolution d/t 5th Sept 2016 pending issue of
SAI/SNI/SAFI. The approval was subject to fulfilling conditions at Para 4 (c)
on N-1.
3. In response
to Def Sec DO at CP-6 opposite, Chairman COSC & CAS responded on 3rd
Oct 2016 (CP-9 opp) along with detailed proposal for payment which is not
enclosed/placed on file.
5.
Def Sec may kindly see. If conditions are
fulfilled/formal approval may kindly be accorded so that DGL can be concurred.
Sd/-------------6/10
FADS
Def Secy RM may kindly approve Sd/--------------7/x
RM Sd/-----------7/10
Def Sec Sd/------------- 8/10
FA (DS) Pl ref the DGL (indecipherable) today
Addl FA (RS) Sd/----------10/10
DFA (AG) Sd/-----------
10/10/16
US (P/S) MoD
-7-
Reference preceding notes.
As approved by Hon’ble RM vide
note on page-6, the letter of payment of arrears on adhoc basis of pay to
Defence Forces Personnel pending issuance of Notification accepting 7th
CPC award may be issued as per Fair letter placed opposite.
SO on leave
US (P/S) Sd/---------10.10.16
Dir (AG) Sd/--------10/x
US (P/S) Sd/---------10.10
Please issue urgently
Issued letter dated 10/x/16
Annexure K
7th pay commission for Military notified
NEW
DELHI May 03, 2017 22:23 IST
Updated:
May 03, 2017 22:23 IST
Panel
to look into unresolved issue
After a delay of over
six months, the Government on Wednesday notified the Seventh Pay Commission for
serving military personnel.
While some core
anomalies were addressed, some are yet to be resolved and that is likely to be
done separately by the anomalies committee which is looking into the issue,
official sources said. This has left many in the services disappointed.
Pending
issues
Three issues raised by
the services were approved which include increasing the pay matrix from 24 to
40 years, index of rationalisation for Lieutenant Colonels and Colonels from
2.57 to 2.67, and pay protection for those promoted above Brigadier upwards
because they lose the Military Service Pay (MSP).
“Obviously you cannot
get promoted and get less. Therefore pay protection has to be ensured,” Defence
Minister Arun Jaitley said about the Military Service Pay while addressing the
media.
However, the key issue
of Non-Functional Upgrade (NFU) remains unaddressed. Mr. Jaitley stated that
the matter was sub-judice and was not on the agenda of the Cabinet.
2
modifications approved
The Union Cabinet
chaired by Prime Minister Narendra Modi also approved two modifications in the
7th CPC (Central Pay Commission) recommendations on pay and pensionary benefits
which include revision of pension of pre-2016 pensioners and family pensioners
and retaining the percentage-based system for disability pensions.
The defence ministry has
already issued the implementation order which is pending further processing as
the services have not issued special instructions so far despite government
request, and thus military personnel continue to receive Sixth Pay Commission
salaries unlike their civilian counterparts.
True Extract from The
Hindu newspaper×
* * * * *
Dispatch details
Article RPAD No. RK308990542IN
dated 09/05/17 to CIC, August Kranti Bhawan, New Delhi – 110 066
Article RPAD No. RK3089990539IN
dated 09/05/17 to Shri Prashant Rastogi, US & CPIO, MoD
