Army Officers Pay Rules, Air Force Officers Pay Rules, Navy Officers Pay Regulations & Amendments thereto

Reply to RTI Request MODEF 53118 dated 09 Dec 2017

             RTI First Appeal MODEF 60011 dated 15 Jan 2018

             RTI Second Appeal CIC/DODEF/A/2018/112469     

             dated 26 Feb 2018

Reply vide MoD F No. 35(2)/2017-D(Pay/Services) by Speed Post article No. ED024667448IN on 12 Mar 2019

Background:

1.         Subsequent to the recommendations of the 7^th CPC, the GoI modified the recommendations and issued approval. MoD issued approval vide Resolutions 1(6)/2016/D(Pay/Services) for Officers and 1(7)/2016/D(Pay/Services) for Other Ranks of the Armed Forces (Army, Navy & Air Force), both dated 5^th September 2016. MoD also required the Armed Forces to furnish drafts of Special Army/Navy/Air Force Instructions for formal approval of the pay for personnel of Armed Forces.   

2.         However, MoD issued Pay Rules for personnel of the Army and Air Force and Pay Regulations of the Navy on 3^rd May 2017. The Pay Rules and Pay Regulations 2017 for Officers were amended on 6^th July 2017.

3.         The RTI request was for photocopies of file notings, draft SAI/SNI/SAFI submitted by Army HQ, Navy HQ and Air HQ subsequent to MoD Resolutions dated 5th September 2016, drafts of Pay Rules and Pay Regulations prepared by D (Pay/Services), corrections made thereon in pencil or any other writing instrument by O/o CGDA, Defence (Finance), Ministry of Finance and any other Ministry or Department, draft tables, calculations for pay fixation, draft pay matrix, worksheets, documents, minutes of meetings, deliberations, discussions, opinions, advices, circulars, orders, and reports. 

4          In a reply [No. 35(2)/2017/D(Pay/Services) dated 2^nd January 2018 and received on 16^th January 2018 by ordinary post], Shri Prashant Rastogi, then CPIO & US, D (Pay/Services)

(a)        Required this applicant to visit MoD to inspect the information or authorise some one to do so, which in his perception was voluminous and spread over several files.

(b)        Invoked Section 7 (9) of the RTI Act, 2005 which actually requires the CPIO to provide the information requested for in the format it is on record, but not in any other format if that involves disproportionate diversion of resources, and 

(c)        Quoted a select few lines from the honourable Supreme Court’s order in CBSE Vs Aditya Bandopadhyaya viz. diversion of 75% of the CPIO’s time to collate information under the threat of penal deduction to buttress his case.

5.         On 15^th January 2018, a First Appeal was filed requesting the then First Appellate Authority (FAA) [Ms Manisha Bhatnagar, DS (AG-I)] to order the CPIO to provide the information. On receipt of the CPIO’s reply on 16^th January 2018, a link paper dated 21^st January 2018 to the first appeal was addressed to the FAA citing medical & diet restrictions as well as the need to obviate disproportionate financial loss for travel, boarding & lodging in addition to photocopying charges @ Rs 2 per page of the "voluminous information."

6.         On 23^rd February 2018 (received by Speed Post on 26^th February 2018), the FAA ordered that a summary of the exact nature of information required may be sent to her so that information “may be provided.” Vide reply dated 5^th March 2018, the summary was provided as per Para 3 above.

7.         As no reply was received within 30 days, a request for an update was sent to FAA on 6^th April 2018.

8.         Vide his reply dated 13^th April 2018, Shri B D Barua, next DS (AG-I) & FAA desired that the undersigned comply with the request of the CPIO dated 2^nd January 2018.

9.         Therefore, the Second Appeal was filed. The appeal was heard on 25^th February 2019, and the hon’ble Information Commissioner was pleased to order the CPIO to provide the information within 15 days of the order.

10.       The information was received on 12^th March 2019 in two separate packages but without a covering letter.

11.       After attempting to place them in a chronological order, the following sequence of posts is being attempted: -

(a)        First Part:        File notings leading to issue of Pay Rules and Pay Regulations 2017 for Armed Forces Officers with declassified minutes of the Cabinet decisions on the above as it is part of the replies provided by CPIO in compliance with order of CIC dated 25^th February 2019 in CIC/DODEF/A/2018/112469 

(b)        Second Part:    File notings leading to issue of Amendments to Armed Forces Officers Pay Rules and Pay Regulations 2017 

(c)        Third Part: Draft SAI/SAFI/SNI furnished by 

        TRIPAS and TRIPAS file notings and replies

(d) Fourth Part & Final part :Declassified minutes of minutes of Empowered Committee of Secretaries on Pay, Allowances and Pension &

the Cabinet decisions on the above as it is part of the replies provided by CPIO in compliance with order of CIC dated 25^th February 2019 in CIC/DODEF/A/2018/112469 

      

12.       In order to ensure that a post is properly published on the blog, the post will be confined to about 20-30 pages. Hence your patience is requested.