7th CPC - Approx Pensions - Officers

For Reference only; Not to be quoted for any purpose

Refer DP&PW orders for more information  


Prepared by Brig Vijay Raheja, Veteran, Signals Corps

Pay Band (6th CPC) 

Capts & Majors : Rs 15600-39100 + GP + MSP

Lt Cols to Brigs : Rs 37400-67000 + GP + MSP

Maj Gen: Rs 53000-67000 + GP Rs 10000

 

Rank	QS	Post 01 January 2016 Retiree			Pre 2016 Retiree
		Total	Pension	Pension 7 CPC (2.57)	Pension	Pension 7 CPC (2.57)
Captain	3	28960	14480	37214	9007	23148
	4	29650	14825	38100	9285	23862
	5	30360	15180	39013	9572	24600
	6	31100	15550	39964	9868	25361
	7	31860	15930	40940	10173	26145
	8	32640	16320	41942	10487	26952
	9	33440	16720	42970	10811	27784
	10	34270	17135	44037	11145	28643
	11	35120	17560	45129	11489	29527
	12	36000	18000	46260	11844	30439
	13	36900	18450	47417	12210	31380
	14	37830	18915	48612	12587	32349
	15	38790	19395	49845	12976	33348
	16				13377	34379
	17				13790	35440
	18				14216	36535
	19				14655	37663
	20				15108	38828
	21				15575	40028
	22				15575	40028
	23				15575	40028
	24				15945	40979
	25				15945	40979
	26				15945	40979
	27				16201	41637
	28-33				17010	43716

Rank	QS	Post 01 January 2016 Retiree			Pre 2016 Retiree
		Total	Pension	Pension 7 CPC (2.57)	Pension	Pension 7 CPC (2.57)
Major	7	34230	17115	43986	17938	46101
	8	35080	17540	45078	18492	47524
	9	35960	17980	46209	19063	48992
	10	36860	18430	47365	19652	50506
	11	37790	18895	48560	20259	52066
	12	38750	19375	49794	20885	53674
	13	39740	19870	51066	21530	55332
	14	40760	20380	52377	21530	55332
	15	41810	20905	53726	21530	55332
	16	42890	21445	55114	21530	55332
	17				21530	55332
	18				21530	55332
	19				21530	55332
	20				21530	55332
	20				22830	58673
	21-33				23815	61205

Rank	QS	Post 01 January 2016 Retiree			Pre 2016 Retiree
		Total	Pension	Pension 7 CPC (2.57)	Pension	Pension 7 CPC (2.57)
Lt Col	14	51400	25700	66049	25990	66794
	15	52770	26385	67809	26385	67809
	16	54180	27090	69621	26385	67809
	17	55630	27815	71485	26385	67809
	18	57120	28560	73399	26385	67809
	19	58660	29330	75378	26385	67809
	20	60240	30120	77408	31305	80454
	21	61870	30395	78115	31713	81502
	22	63550	31775	81662	32428	83340
	23	65280	32640	83885	32428	83340
	24				32428	83340
	25				32775	84232
	26				32813	84329
	27				33225	85388
	28				33225	85388
	29				33225	85388
	30				33918	87169
	31				34303	88159
	32 &  32+				34765	89346

Rank	QS	Post 01 January 2016 Retiree			Pre 2016 Retiree
		Total	Pension	Pension 7 CPC (2.57)	Pension	Pension 7 CPC (2.57)
Col	18	57820	28910	74299	30101	77360
	19	59380	29690	76303	31031	79750
	20	60990	30495	78372	31990	82214
	21	62640	31320	80492	33320	85632
	22	64340	32170	82677	33320	85632
	23	66090	33045	84926	33685	86570
	24	67900	33950	87252	33770	86789
	25	69760	34880	89642	34485	88626
	26	71680	35840	92109	34485	88626
	27	73650	36825	94640	34835	90541
	28				35230	90554
	29				35235	92854
	30-33				36130	92854

Rank	QS	Post 01 January 2016 Retiree				Pre 2016 Retiree
		Total	Pension	Pension 7 CPC (2.57)	Pension 7 CPC (2.67)	Pension	Pension 7 CPC (2.57)
Brig	26	68120	34060	87534	90940	34799	89433
	27	69990	34994	89935	93434	35874	92196
	28	71910	35955	92404	96000	36420	93599
	29	73890	36945	94949	98643	36425	93612
	30	75930	37965	97570	101367	37275	95797
	31	78030	39015	100269	104170	37280	95810
	32	80190	40095	103044	107054	37280	95810
	33	81900	40950	105242	109337	37570	96555
	34	81900	40950	105242	109337	37570	96555
	35	81900	40950	105242	109337	37570	96555

Rank	QS	Post 01 January 2016 Retiree				Pre 2016 Retiree
		Total	Pension	Pension 7 CPC (2.57)	Pension 7 CPC (2.72)	Pension	Pension 7 CPC (2.57)
Maj Gen	30	71090	35545	91351	96682	37275	95797
	31	73230	36615	94101	99593	37280	95810
	32	75430	37715	96928	102585	37601	96635
	33	77000	38500	98945	104720	38763	99621
	34	77000	38500	98945	104720	38763	99621
	35	77000	38500	98945	104720	38763	99621
	36	77000	38500	98945	104720	38763	99621
	37	77000	38500	98945	104720	38763	99621

Rank	QS	Post 01 January 2016 Retiree				Pre 2016 Retiree
		Total	Pension	Pension 7 CPC (2.57)	Pension 7 CPC (2.72)	Pension	Pension 7 CPC (2.57)
Lt Gen	33	67000	33500	86100	91120	39500	101515
	34	69010	34505	88700	93860	39500	101515
	35	71080	35540	91340	96700	39500	101515
	36	73210	36605	94100	99565	39500	101515
	37	75400	37700	96890	102540	39500	101515
	38	77000	38500	98945	104700	39500	101515
	39	80000	40000	102800	108800	40000	102800

Approx pension and arrears

For Approx pension and arrears using 2.57 rationalisation factor 

Pre-2006 retirees please try finding out at 

www.gconnect.in/orders-in-brief/pension/pre-2006-pension-arrears-calculator.html

Pre - 2016 retirees please tary finding out at

7thpaycommissionnews.in/7th-pay-commission-pension-calculator-for-pre-2016-cg-pensioners   


 

Has DP & PW read the D S Nakara Vs UoI order of the Honourable Supreme Court

From  Para 11 of Annexure  to 

GOVERNMENT OF INDIA MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS (Department of Pension and Pensioners' Welfare) RESOLUTION
dated  the 4th August, 2016

Revision of Pension of pre 7th CPC retirees. The Commission recommends the following pension formulation for civil employees including CAPF personnel who have retired before 01.01.2016

(i) All the Civilian personnel including CAPF who retired prior to 01.01.2016 (expected date of implementation of the Seventh CPC recommendations ) shall first be fixed in the Pay Matrix being recommended by this Commission, on the basis of the Pay Band and Grade Pay at which they retired, at the minimum of the corresponding level in the matrix. This amount shall be raised, to arrive at the notional pay of the retiree, by adding the number of increments he /she had earned in that level while in service, at the rate of three percent. Fifty percent of the total amount so arrived at shall be the revised pension.

(ii) The second calculation to be carried out is as follows. The pension, as had been fixed at the time of implementation of the VI CPC recommendations, shall be multiplied by 2.57 to arrive at an alternate value for the revised pension.

(iii) Pensioners may be given the option of choosing whichever formulation is beneficial to them.

It is recognized that the fixation of pension as per formulation in (i) above may take a little time since the records of each pensioner will have to be checked to ascertain the number of increments earned in the retiring level. It is therefore recommended that in the first instance the revised pension may be calculated as at (ii) above and the same may, be paid as an interim measure. In the event calculation as per (i) above yields a higher amount the difference may be paid subsequently.(Para 10.1.67 and Para 10.1.68 of the Report)

Decision by Government: Both the options recommended by the 7th  Central Pay Commission as regards pension revision be accepted subject to feasibility of the implementation.
 
Revision of pension using the second option based on fitment factor of 2.57 be implemented immediately (emphasis supplied).
 

The first option may be made applicable if its implementation is found feasible after examination by the Committee comprising Secretary (Pension) as Chairman and Member (Staff). Railway Board, Member (Staff), Department of Posts, Additional Secretary & Financial Adviser, Ministry of Home Affairs and Controller General of Accounts as Members.

The illustrations from F.No.38/37/2016-P&PW(A) (ii) dated 04 Aug 16 available on pensioners portal

   

The pension shall be calculated by multiplying the pension/family pension, as had been fixed at the time of implementation of 6th Central Pay Commission (CPC) recommendations, by 2.57.

In case, a pensioner ‘A’ retired at last drawn pay of Rs. 79,000 on May 31, 2015 under the 6th CPC regime in the scale of Rs. 67,000-79,000 and the basic pension fixed in 6th CPC being Rs. 39,500, the revised pension under the 7th CPC (using a multiple of 2.57) would be Rs. 1,01,515. (Please note rationalisation factor is 2.72 for this pay for post 1.1.2016 retirees). 

In case II, if a pensioner ‘B’ retired at last drawn pay of Rs. 4,000 in January, 1989 under the 4th CPC regime in the pay scale of Rs. 3,000-100-3,500-125-4,500, the basic pension fixed in the 4th CPC being Rs. 1,940, which was revised in the 6th CPC to Rs. 12,600, the revised pension would be Rs. 32,382 (using a multiple of 2.57). 

So, now, the 4th Aug 2016 Resolution of the DP & PW has (at least temporarily) made two classes of the above pensioners.

It will also be unfair on all pre-1.1.2016 retirees if two different methods are used to divide a homogeneous class i.e pensioners, to calculate differently pensions in the 7th CPC regime.

But isn't that against the Nakara order? The Honourable Supreme Court stated, inter alia:

 "We are satisfied that by introducing an arbitrary eligibility criteria: 'being in service and retiring subsequent to the specified date' for being eligible for the liberalised pension scheme and thereby dividing a homogeneous class, the classification being not based on any discernible rational principle and having been found wholly unrelated to the objects sought to be achieved by grant of liberalised pension and the eligibility criteria devised being thoroughly arbitrary, we are of the view that the eligibility for liberalised pension scheme of being in service on the specified date and retiring subsequent to that date' in impugned memoranda, Exhibits P-I and P-2, violates Art 14 and is unconstitutional and is struck down. Both the memoranda shall be enforced and implemented as read down as under: In other words, in Exhibit P-1, the words: "that in respect of the Government servants who were in service on the 31st March, 1979 and retiring from service on or after that date" and in Exhibit P-2, the words: "the new rates of pension are effective from 1st April 1979 and will be applicable to all service officers who became/become non-effective on or after that date" are unconstitutional and are struck down with this specification that the date mentioned therein will be relevant as being one from which the liberalised pension scheme becomes operative to all pensioners governed by 1972 Rules irrespective of the date of retirement. Omitting the unconstitutional part it is declared that all pensioners governed by the 1972 Rules and Army Pension Regulations shall be entitled to pension as computed under the liberalised pension scheme from the specified date, irrespective of the date of retirement."

P.S:   Hitherto, Cab Secy, Chiefs, Army Cdr & equivalents and Secretaries received 50% of the last pay drawn (as they did not get Grade Pay and/or MSP) as pension because they had a fixed pay & no increments.

The pre-1.1.2016 Cab Secy, Chiefs retirees who will get last pension drawn i.e Rs 45000 x 2.57 = Rs 1, 15, 630 as pension whereas those in the same category retiring after 1.1.2016 will get Rs 1, 25, 000 as pension i.e approx Rs 10, 000 more!

Similarly, Army Cdr & equivalents and Secretaries who retired before 1.1.2016 will get Rs 40, 000 x 2.57 = Rs 1,02,800 whereas those in the same category retiring after 1.1.2016 will get Rs 1, 12, 500 i.e. Rs 9,700 more!

Wasn't Depression of Rank Pay Decided by the Honourable Supreme Court?

Rank Pay, Uniform Grade Pay, and the Facts from Courts’ Orders

 Maj Dhanapalan's case achieved finality when the Honourable Supreme Court dismissed the Special Leave Petition (No. 5905 of 2003) in July 2005.

             Many litigants filed Writ Petitions in different High Courts in 2006 (hence arrears of Rank Pay from 1.1.2006!)

              Finally, in IA No. 9 of 2010 in TP (C) No. 56 of 2007, the main litigant was Lt Col N K Nair and there were many others (please read the judgment of 4.9.2012 for names of other litigants).

             Lt Col N K Nair & RDOA filed a Contempt Petition No 328 of 2013. 

    

          Please consider the following chronology before reading the extract from the affidavit in Lt Col N K Nair & Another vs UoI & Others: -

(a)    The JSM was presented to the 7^th CPC on 28 Aug 14.

(b)    The order of the Honourable Supreme Court in Lt Col N K Nair & Another vs UoI and Others dismissing the Contempt Petition was delivered on 18 Aug 15 (a year later) but before 19 Nov 15 when 7 CPC submitted its Report and recommendations.

The assertion, inter alia, appears to be that in the case of Defence Forces, the Grade Pay has been artificially depressed as Rank Pay was not taken into consideration while determining the top of the Pay Scale of various ranks. Quoting the definition of Rank Pay, as approved by MoD on 29 Feb 2000, it is asserted that it means that no financial benefit can be denied to the Defence Forces related to pay by not counting Rank Pay for the purpose of higher Grade Pay.

MoD ID No. 1(26)/97/I/D(Pay/Services) dated the 29th February, 2000 referred to is reproduced below: -

Subject: Removal of anomalies arising from the implementation of the revised pay scales and allowances consequent to the V CPC recommendations – definition of Rank Pay – reg.

Sir,

I am directed to refer to Instructions No. SAI, SNI, and SAFI No. 2/S/98 dated 19.12.1997 and to state that the issue of merger of Rank Pay with the pay scales of the Defence Service officers upto the rank of Brigadier and equivalent has since been reconsidered by the Government in the light of the recommendations of a Committee specially constituted on the above subject and in view of the fact that the Rank Pay cannot be merged with the pay scales for the Defence Service officers and also keeping in view the difficulties being faced by the Defence Service officers with regard to interpretation of Rank Pay, it is clarified that:

"Rank Pay is admissible to the Commissioned Officers of the three Services, holding their rank either in a substantive or acting capacity. It is that element of their pay identified with their Rank, which, in turn, has a relationship with their scale of pay. It is granted separately in recognition of the specific needs of their conditions of service and command structure. It will consequently be taken into account for determining their entitlement to such of those financial benefits, concessions, etc, including retirement benefits, as are directly related to the basic pay or their pay scales."

 Veterans had filed cases in 2006 for similar benefits given to Maj Dhanapalan in different High Courts in India. The Hon’ble Supreme Court, on the plea of UoI transferred all cases to itself in 2007. Hon’ble Supreme Court passed the orders on 08 Mar 2010 in Transfer Petition (Civil) No 56 of 2007 agreeing with the Hon’ble High Court’s order that Rank Pay should not be deducted after re-fixation. Neither in Maj Dhanapalan’s case nor in TP (C) was there an argument for revision of the integrated pay scale by adding Rank Pay.  

The order of 8.3.2010 was challenged by UoI/MoD and on 4.9.2012 in IA No. 9 of 2010 in TP (C) No. 56 of 2007) in UoI vs Lt Col N K Nair & Others, the three Judge Bench (of Justices R M Lodha, T S Thakur, and Anil R Dave) agreed with its judgment of 08 Mar 2010, with two modifications (1) arrears are to paid wef 1.1.2006, and (2) the orders are applicable for all similarly placed Veterans and officers, whether they had sought legal remedy or not.

The keyboard warriors (and some serving warriors wishing to remain pseudonymous) misquote the Honourable Supreme Court order of 4.9.2012 as the Maj Dhanapalan case and take away the credit from ten litigants (for names, please read the order dated 4.9.2012), and followed through after the orders of 4.9.2012 issued in Jul 2014, after the opinion of the then Attorney General for India in September 2013.

A very careful (and patient) reading of the order of 4.9.2012 shows that the Hon’ble Supreme Court only upheld its order of the two Judge Bench (of Justices M Katju and R M Lodha) which “agreed with the order of a Division Bench of the Hon’ble High Court of Kerala” that Rank Pay cannot be deducted after the methodology for re-fixation of pay of Captains to Brigadiers and equivalent on transition from 3^rd CPC to 4^th CPC.

To reiterate, the Hon’ble Courts did not order that the integrated pay scale for Lts to Brigadiers and equivalents should be amended from Rs 2300-5100 recommended by the 4^th CPC to Rs 2300-6150 by adding Rank Pay to the integrated scale. Perhaps because amending the pay scale was not argued!

          If indeed the Hon’ble Court had ordered so on 4.9.2012, then there would have been no need for the Chairman, CoSC to write twice to then RM resulting in a reference to the Learned Attorney General for India and his opinion dated 3.9.2013 on the following 4 anomalies: -

(a)     Should the arrears be paid to concerned officers w.e.f 1.1.1986 as stated in the High Court judgment (Services HQ contention) or for officers eligible for Rank Pay as on 1.1.986 (the CGDA and MoD interpretation).

Ld AG’s Opinion: - Services contention of w.e.f 1.1.1986 upheld.

(b)     Is the judgment effective for 5^th CPC wherein Rank Pay was a component (Services HQ contention) or was the judgment’s effectiveness confined to 4^th CPC (CGDA and MoD’s interpretation).

Ld AG’s Opinion: - The order is applicable for 5^th CPC too.

(c)     Does the minimum pay of a Capt have to be increased from Rs 2800 to Rs 3000 in the integrated pay scale as demanded by Services HQ?

Ld AG’s Opinion: - This is not contained in the judgment and hence not applicable.

        

(d)     Does the maximum pay of a Brig have to be increased from Rs 5100 to Rs 6300 in the integrated pay scale as demanded by Services HQ?

Ld AG’s Opinion: - This is not contained in the judgment and hence not applicable.

                  

If Services HQ contention at (c) and (d) had been upheld by Ld AG, then and only there was a case for revision of the integrated pay scale of 4^th CPC, revision of pay scales in 5^th CPC with consequent effect of higher Pay in the pay bands and also higher Grade Pay than was approved in SAI/SNI/SAFI 2/S/2008.   

However, before the opinion of the Ld AG was received on 03 Sep 2013, Lt Col N K Nair & Another (RDOA) had filed a case for Contempt of Court in Jul 13 [Contempt Petition (Civil) No. 328 of 2013].

From the Affidavit Filed in Contempt Petition No. 328 of 2013

Lt Col N K Nair & RDOA submitted that following issues constitute violation of all the judicial pronouncements both of the Hon’ble High Court of Kerala and this Hon’ble Court with regard to implementation/re-fixation of pay of affected officers:

(a)     The MoD letter dated 27.12.2012 has restricted the benefit by making the court order effective “as on 01.01.1986”, whereas both the High Court orders in Dhanapalan’s case and orders dated 08.03.2010 and 04.09.2012 passed by this Hon’ble Court clearly require the respondents to give effect to the orders “with effect from 01.01.1986” instead of “as on 01.01.1986”. This action of Contemnors is a deliberate and intentional effort to defeat the directions of this Hon’ble Court. This has been clearly done at the instance of CGDA as is clear from their DGL. This order clearly excludes all Officers who joined or were promoted to the rank of Captain and equivalents and higher ranks on any date after 01.01.1986. This has given rise to an unprecedented situation of existence of two concurrent pay scales for the same rank within the span of the same IVth Pay Commission. The Court has held that the Rank Pay is payable in addition to the existing pay scales. Therefore, the pay scales have to be amended and enhanced by the amount of Rank Pay as given in the table below which also has the comparison with Civilian Senior Time scale equivalent to Captain drawing the same basic pay in the pre-revised 3^rd CPC Scale.

RANK	3RD CPC PAY	4TH CPC PAY	5TH CPC PAY	GRADE PAY IN 6TH CPC
CAPT	1200	2800 + 200 (RP) = 3000*	9600 + 400 (RP) = 10000*	6100
STS (CIVIL)	1100/ 1200	3000	10000	6600

Note. *The Rank Pay has been deducted out of the pay scale and only if it is added back, does the pay become equal to civilians. In 5^th CPC the scale has been lowered to Rs 9,600-11,400 as against Rs 10,000-15,600 for STS. This deficiency in pay scales and fixation shall be rectified by SC judgment and needs to be given effect.

(b)             

Rank/ Reckonable Yrs of Service for Pay	Rank Pay As per IV CPC	Minimum Initial Pay as per SAI 1/S/87	Revised Initial Pay w/o deduction of rank pay as Per para 6(a) (ii) after  SC judgment
Captain-5	200	2800	3100
Major-11	600	3400	4050
Lt Colonel-16	800	3900	4800
Colonel-20	1000	4500	5550
Brigadier-23	1200	4950	6150

(b)      The Minimum pay for each rank in the integrated pay scale of IV CPC [Para 6(a) (ii) of SAI 1/S/87] has not been amended. The ratio of all the judicial pronouncements on the subject clearly stipulates that the pay of all officers was to be re-fixed w.e.f. 01.01.1986 without deducting the rank pay. This means that the pay is required to be fixed w.e.f. 01.01.1986 in terms of para 6(a) (ii) of SAI 1/S/87. The table given in this para specify minimum initial pay for each rank from Captain to Brigadier. This minimum initial pay has also been arrived at by deducting the amount equal to rank pay. In view of the aforesaid orders of this Hon’ble Court, this minimum initial pay also needs to be enhanced by the amount equal rank pay. The admitted position of MoD vide their Note-8 dated 12.09.2012 signed by Shri P.S. Walia, Under Secretary, MoD obtained through RTI is that the minimum initial pay was arrived at after deduction of rank pay which was the subject of challenge in this litigation. Since the court orders have rejected this deduction and have directed re-fixation by adding the amount equal to the rank pay deducted as indicated in the table above.

(c)       Thence, the Special Army Instruction (SAI) has laid down the integrated scale from Rs 2300-100-3900-150-4200 EB-150-5100. The MoD letter dated 27.12.2012 does not amend this integrated scale to give effect to the orders of this Hon’ble Court. It clearly denies the benefit to those who were already at the top of this integrated scale. For example, the initial pay for Brigadier (Rs.4950/-) was arrived at after deducting Rs.1200/- from his scale which effectively would mean Rs.6150/- and accordingly the benefit cannot be limited to them to Rs. 5100/- as they would stagnate at Rs. 5100/- itself on their pay fixation on 01.01.1986 due IV CPC. This is evident from the table shown.

DETAILS OF PAY	BRIG A	BRIG B
Existing emoluments as on 1/1/86	2200	2300
Total emoluments	5006	5229
Less rank pay	1200	1200
Total	3806	4029
Pay fixed in integrated scale	4950 + RP 1200	4950 + RP 1200
Basic pay w.e.f. 1/1/86	5100*	5100* w.e.f. from 1/1/86

Both stagnate at Rs.5100/- after one increment.

(d)      The judicial pronouncements require that once the minimum for each rank as given in para 6(a)(ii) is changed, the pension of pre 1986 retiree officers would also have to be changed. In the Application submitted to this Hon’ble Court by the Contemnors for seeking extension of time for implementation of the order of this Hon’ble Court, it has been stated and admitted that the implementation would involve the revision of pension of pre 01.01.1986 retirees. However, so far no action has been taken by the Contemnors to address this issue and disburse the amount. In fact, not even a single person has been given this benefit. For example, the pension payable to the Major would change to Rs.4050/- + Rank Pay of Rs.600/- from the existing pension of Rs.3400/- + Rank Pay of Rs.600/-.

(e)     The admitted position of MoD before this Hon’ble Court both during arguments as well as in affidavits was that implementation of the orders of the Hon’ble Kerala High Court in Dhanapalan’s case in respect of others will have cascading effects as it would affect the re-fixation during the transition to 5^th and 6^th CPC. It is clear from the records that the methodology followed to implement the recommendations of 5^th CPC is exactly same as that of 4^th CPC wherein Rank Pay has been deducted both at the fixation of initial scales as well as calculation of emoluments after implementing the recommendations. On 01.01.1996, the date 5^th CPC was implemented, the rank pay and fitment benefit were doubled. The ratio of the judicial pronouncements also requires the consequential benefits to be given to all affected officers and therefore, the re-fixation on account of 5^th CPC is also required to be redone about which the MoD letter dated 27.12.2012 is completely silent. The following chart makes the situation clear:

Rank/Pay Scale	Existing as per SAI 1997 at V CPC	Revised scales w/o deduction of rank pay at V CPC
Captain	9600-300-11400 + RP 400	10000-300-11800+ RP 400
Major	11925-325-14850 + RP 1200	12800-325-16050 + RP 1200
Lt Col	13500-400-17100 + RP 1600	15100-400-18700 + RP 1600
Colonel	15100-450-17350 + RP 2000	17100-400-19350 + RP 2000
Brigadier	16700-450-18050 + RP 2400	19100-450-20450 + RP 2400

(f)       The judicial pronouncements are applicable to Time Scale substantive Lt. Cols and its equivalent also. Rank pay as defined by the IV CPC states ‘Rank pay is admissible to an officer appropriate to the rank actually held, either in acting or substantive capacity, in addition to the pay in the revised scale.’ It is also stated therein that rank pay forms part of basic pay. It has been further clarified by MoD vide their letter of 29 Feb 2000 that, it is that element of their pay which is identified with their rank, which in turn has a relationship with their scale of pay. It will consequently be taken into account for determining their entitlement to such of those financial benefits/concessions etc including retirement benefits, as are directly related to the basic pay or their pay scales. The Army/ Navy/ Air Force instructions should be amended accordingly which never got amended. It should be noted that Time scale Lt Cols were given the pay scale of Lt Col on completion of 21 yrs of service by the V CPC. All Lt Cols with 26 years of service irrespective of the fact they are time scale or selection grade were promoted to the rank of Col with implementation of A V Singh Committee recommendations and are drawing pay and grade pay of Col after 6 CPC. Those Officers of the rank of Lt Col (TS) are also entitled to the benefit of rank pay of Lt Col which has not been covered by the implementation order.

3(ii).    It is respectfully submitted that despite more than sufficient time given by this Hon’ble Court liberally, the Contemnors have failed to disburse the arrears on account of the Court orders by 31.05.2013. The Petitioners applied for information under RTI Act, 2005 on 14.05.2013 asking for the correct information regarding total beneficiaries and those to whom amount has been disbursed. It is submitted that in reply to the RTI, the Respondents on 14.06.2013 have given the information that the total beneficiaries are 45,485 as on date and a total of 31,718 have been partly paid the undisputed amount and it has been clearly admitted that 13,767 beneficiaries remained to be paid as on 14.06.2013 which also amounts to a clear violation of the order of this Hon’ble Court dated 11.03.2013. True typed Copy of the RTI Application dated 14.05.2013 submitted by the Petitioner – Retired Defence Officers Association (Regd.) to CPIO O/o the CGDA and True typed copy of the Reply dated 14.06.2013 given by the Office of the CGDA to the RTI Application of the Petitioner – Retired Defence Officers Association (Regd.) are annexed herewith and marked as ANNEXURE P-15. 

3(iii). It is respectfully submitted that the aforesaid disbursed amounts pertain to arrears on account of re-fixation of pay. Pension of beneficiaries has not been revised till date and arrears on account of such revision have neither been calculated nor disbursed. This also amounts to clear disobedience of this Hon’ble Court.

3(iv).  It is manifest from the aforesaid facts and circumstances that the respondents/Contemnors are wilfully and deliberately violating the aforesaid order of this Hon’ble Court thereby clearly committing Contempt of this Hon’ble court. 

3(v).     It is submitted that the facts and circumstances made out in the foregoing paras clearly demonstrate that the contemnors have acted in willful and deliberate disobedience and in violation of the Order dated 04.09.2012 passed by this Hon’ble Court in I.A. No.9 of 2010 in T.P. (C) No.56 of 2007 and it would be in the interest of justice that the cognizance of this willful disobedience of the orders of this Hon’ble Court is taken and the contemnors are made to face the consequences of same in accordance with law.

Judgment of the Honourable Supreme Court

The final order was pronounced by a three Judges Bench (Justices Anil R Dave, Kurian Joseph, and Adarsh Kumar Goel) of the Hon’ble Court on 18 Aug 15. The Hon’ble Court concluded its order with the words, “Needless to say that if anybody has any grievance with regard to fixation, he may approach the concerned authorities for redressal of his grievance.” The order is reproduced below: - 

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

CONMT. PET. (C) No. 328 of 2013

IN

TRANSFER PETITION (C) No. 56 OF 2007

N.K NAIR & ANR                                                                           Petitioner(s)

VERSUS

SHASHI KANT SHARMA & ORS                                                  Respondent(s)

O R D E R

Application for impleadment is rejected.

Upon hearing the learned counsel appearing for the petitioners and the learned Additional Solicitor General appearing for the respondents and upon perusal of the reply filed on behalf of the respondents, we find that the Rank Pay with effect from 01.01.1986 has already been paid to the petitioners, as directed by this Court vide order dated 04.09.2012.

In these circumstances, we do not find any reason to pass further orders in these contempt proceedings.

The Contempt Petition is, accordingly, dismissed.

Needless to say that if anybody has any grievance with regard to fixation, he may approach the concerned authorities for redressal of his grievance.

.......................J.

[ANIL R. DAVE ]

.......................J.

[KURIAN JOSEPH]

.......................J.

[ADARSH KUMAR GOEL]

New Delhi;

August 18, 2015.

P.S: It is understood that one Veteran Lt Col intended to file a case in the Principal Bench of the AFT that he was promoted Capt in Oct 86 and his pay was fixed at Rs 2800, whereas other Capts, already in the rank of Capt were being paid Rs 3000/- as basic pay. It is understood that the Veteran has migrated to USA and his advocate, since appointed as Govt counsel in AFT cannot argue the case.]