Monday 5 June 2017

Details of Complaint Under Section 18 (1) (b) & (f) of RTI Act 2005



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

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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×
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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