Three years after the 4th Central Pay Commission announced its recommendations in 1987, AVM S N Chaturvedi filed a Writ Petition in the High Court of Delhi stating that his juniors in the rank of Air Cmde were drawing higher emoluments than him.
In then integrated pay scale of Rs 2300-5100 plus Rank Pay for officers of the ranks of Flt Lt (Capt) to Air Cmde (Brig), Air Cmdes started to draw Rs 4950-5100 + 1200 = Rs 6150 - 6300 while the scale of AVM was fixed as Rs 5900-6700 without any Rank Pay. The High Court decided in favour of AVM Chaturvedi and increased his pay to be equal to the pay of his juniors Air Cmdes Adhaka and Desai.
Matters were quiet till the 6th CPC announced that Wg Cdr (Lt Col/Cdr) to Air Mshl (Lt Gen/Vice Adm) would be placed in the Pay Band - 4 of Rs 37400-67000 with different scale of Grade Pay and Military Service Pay (MSP) replacing Rank Pay but applicable only for personnel (PBoR & officers) up to the rank of Air Cmde. This resulted in the following maximum emoluments (and pensions)
Wg Cdr Rs 67000 + Grade Pay 8000 + MSP 6000 = Rs 81000 (Rs 40500)
Gp Capt Rs 67000+ Grade Pay 8700 + 6000 = Rs 81700 (Rs 40850)
Air Cmde Rs 67000+Grade Pay 8900 + 6000 = Rs 81900 (Rs 40950)
AVM Rs 67000 + Grade Pay Rs 10000 = Rs 77000 (Rs 38500)
Air Mshl Rs 67000 + Grade Pay Rs 12000= Rs 79000 (Rs 39500).
The anomaly worsened after 7th CPC in that Gp Capt earned maximum of Rs 215900 + 15500= Rs 231400, Air Cmde earned Rs 217600 + 15500 = Rs 233100 whereas AVM got a maximum of Rs 218200, Air Mshl Rs 224100 & HAG+ Rs 224400 and AOC-in-C Rs 225000,
While protection of pay was provided to AVM in that they could opt to receive the more beneficial pension (i) calculated on the basis of 50% of pay as if they were not promoted to the rank of AVM or (ii) 50% of the pay of AVM, there was no protection for Air Mshls.
Further, the CGDA evolved a mechanism - they would calculate the pay of each AVM as if they were Air Cmde and would superannuate at 56 years (57 for Ground duty officers) by adding increments from the date one was promoted to the rank of Air Cmde till notional retirement at 56/57 years. So, in about 25% of the cases the pension was higher than Rs 38500 but never Rs 40950. In all other cases Rs 38500 was deemed the 'more beneficial'.
A petition to the Raksha Mantri in 2019 giving CPC wise perpetuation of this anomaly, typically, elicited no reply/response. Therefore, legal advice was obtained after copies of file noting, correspondence and related information was obtained to decide the way ahead.
A Civil Writ Petition (CWP) No. 36589 was filed in December 2019, followed by a few more in 2020 and 2021 in the High Court of Punjab & Haryana. Due to COVID, the case will, hopefully, be heard in July 2022.
However, on 23rd December 2021, the Addl Solicitor General of India settled a short reply affidavit (to another CWP No. 13425 of 2021 on the same matter) filed in the ibid High Court acknowledging on behalf of the Govt of India that there indeed was a long pending anomaly that was in the process of being resolved by the Deptt of Personnel & Training, Ministry of Finance and Ministry of Defence. The short reply also sought dismissal of the case as the anomaly is being resolved.
The petitioners contested the position taken by the Govt of India and the honourable Bench directed on 9th February 2022 that ".. needful shall be done by resolving this anomaly within a period of two months from today and which anomaly shall be removed with the shortest possible time.
Be so as it may, the present petition stands disposed off with the directions to the respondents to take appropriate steps in removing this anomaly which is adversely impacting and affecting the morale of the Defence Forces preferably within a period of six months from today."
These CWPs are different from the cases decided by the Principal Bench of the Armed Forces Tribunal filed by AVM Babu (since retd) in OA No. 2342 of 2019 and AVM Ahuja (since retd) in OA No. 1914 of 2021 which was for stepping up of pay as they were drawing lesser pay than their juniors whilst in service.
Next post in a couple of days, after due research, an analysis on One Rank One Pension decision of the Apex Court vis-a-vis IESM petition of June 2016 and revised petition of April 2017.
Followed by what were the old data that decided amounts in PCDA (P) Circular 555 to enable you to do guesswork for amounts in OROP 2019.
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