Monday, April 18, 2011

Rank Pay Case : Approximate Arrears would be as Given below : Press Release

108, Prasanna Vihar, Opp. Kerala High Court,
Marine Drive, Cochin - 682031

4th Pay Commission: Grant of Rank Pay

In accordance with the recommendations of the 4th Pay commission and the Govt. decision thereon, as promulgated under Gazette of India (Extra ordinary) Notification No 91 dated 18.3.1987, officers of the Army. Navy and Air Force were granted an integrated pay in the scale of Rs.2300-100-3900-150-5100. .
In addition to the pay in the integrated scale as above, Rank Pay for Captain, Major, Lt Colonel, Colonel and Brigadier and equivalent in the Navy and Air Force, were also granted @ Rs.200/-, 600/- , 800/-, 1000/-, and Rs. 1200/- PM respectively.
Although the Rank Pay was sanctioned in addition to the basic pay, while fixing the pay in the integrated scale: an amount equal to the Rank Pay was deducted from the total emoluments and the pay was fixed. This has resulted in heavy financial loss to the officers which have also cumulative effect on pay, D.A. Pension, Gratuity, etc. Having failed to get a proper consideration of the ease, Major A.K.Dhanapalan, now retired had approached the Hon’ble High Court or Kerala for justice. in the case or Major A.K Dhanapalan Vs Union of India in O.P 2448/96, the Hon’ble High Court of Kerala was pleased to allow the plea of the officer and held that the deduction of the Rank Pay from basic pay is NOT correct and directed to re-fix the Basic Pay with effect from 1.1.1986.
However the Union of India preferred an appeal before the larger Bench of the High Court against the judgment. Larger bench of High Court has been pleased to dismiss the appeal but the Union of India again filed an SLP in the Hon’ble Supreme Court of India. This appeal was also dismissed on 10-7-05.
Officers (Serving/Retired) of the Armed Forces who were in service on 1-1-86 in the Rank of Captain, Major, Lt Col, Colonel, Brigadier are affected by the above judgment. According to the judgment, Pay of Major A.K Dhanapalan has been re-fixed with effect from 1-1-86 and Govt. sanction for payment of arrears was issued, whereas the benefit has not been extended to other similarly placed Officers of the Army, Navy & Air Force. This is injustice to the affected Officers of the Army, Navy and Air Force. Officers are eligible to receive minimum* arrears after re-fixation as under:-
Captain and Equivalent Rs. 55,000/
Major and Equivalent Rs. 1,50,000/-
Lt. Colonel and Equivalent Rs. 2,00,000/-
Colonel and Equivalent Rs. 2,50,000/-
Brigadier and Equivalent Rs. 3,30,000/-
*This is subject to length of service from 1-1-86
A few retired affected officers joined together to make an association to take further legal action against this injustice. Like-minded affected officers who are willing to join for this noble cause are welcome and may write to the Gen. Secretary, Major A.K Dhanapalan (Retd), President, Major K.P Sreedharan (Retd)
NB: This may be given wide publicity by forwarding details to at least TEN brother officers. You may call up Major Dhanapalan for more details.
Major A.K Dhanapalan (Retd), Mob 9249875342 Gen. Secretary
Major K.P Sreedharan (Retd) Mob: 9818988154, 9895242103 President,



  1. Lt Col Jayant Barla (Retd)18 April, 2011 13:39

    We already have a Retired Defence Service Officers Association a registered body that is already pursuing the litigation on behalf of the affected officers and who are taking a contribution for the purpose. Can your body not coordinate with them rather than have a multiplicity of bodies for the same objective. It is good gesture that Maj Dhanapalan the officer who has set the ball rolling is the initiator of this new body, but it will be better if there is one body representing all of us.I am sure the RDSOA can give an exalted status to Maj Dhanapalan in their body.

    1. Yes RDSOA and Many other Ex Servicemen Welfare organisations which are existing are NOT even Paper Tiger.These are simply Registered. People have Gone and Done a High Drama of surrendering their Medals at Jantar Mantar. Just like the High drama by many other Crusaders.
      But the End Result was they got things done for the Higher ranks in their favour.
      Forgetting the Purpose behind it "One Rank One Pension means two military persons who retired after equal service in the same rank, get equal pension, irrespective of time span separating their retirement date." There can not be Different Bullets for Pre-1971 or pre- 1986 or Post 2006?? In Both cases Risk to Life is SAME.
      That is why Major Dhanapalan and many others who had Filed Court cases have brought this Punctured Bullock Cart to the position it is Today.
      Once Again open to Controversies and Anomalies.
      These so called RDSOA or Ex Servicemen Welfare organisations should put it up with VISION, GUTS and Put it up as Time Bond. Now a time will come when Ex-Servicemen will have to Sit On Dharna at Jantar Mantar etc.

  2. kindly clarify whether the arrears as shown are for the offrs(wef 1.1.86) holding the respective rank as on today OR AS ON 1.1.86

  3. Dear Friends,

    I have only given the information, as I got, for a wider circulation amongst the effected veteran friends. It is known to almost every one that the case filed by RDOA is with Supreme Court and the next heariong is on 24 Apr 2011. How long it would be delayed by our highly unsympathetic Government is any body's guess. How long the Supreme Court would continue accepting the delaying tactics of the cunning bureucrats and keep falling into their trap is again any body's guess.

    It is a pity that the defence veterans are invariably on the receiving end of these bluff masters and hood winkers. Whether this trend will ever change is again any body's guess. We have thus to keep living a life of uncertainty whether it is OROP or Rank Pay.

    With regards and best wishes.

    Col LK Anand Retd

  4. Dear Anonymous,

    It would have been fine if you had disclosed your identity. Any way you could contact the officers, whose tele nos are given in the blog, for clarification on various points. However, the logic dictates that it is on the basis of rank held on 1.1.86.

    Col LK Anand Retd

  5. Are officers who were Lt or 2 Lt on 01 Jan 86, also likely to get arrears?

  6. i find these figures are absolutely erroneous.pse have a re-look at the formula of fixation, (ie),bp+da+ada+ir......etc and then adding rp.in the case of col & Brig stepping up pay to min of 4500/4950 has a component of addition and thus ,further addition of rp of total fig of 1000/1200 would be come into reduction by the amount already increased in the step up processes .
    when i saw those fig being circulated ,i expected correction in due course of time , . again circulating such fig conveys a different impression.

  7. further more ,24 apr is only few days more. Then , CDA(o), would come into action. Let us wait and see.

  8. This press release is old and not very high on the information scale. It does not cover how the pay and allowances fixed by the subsequent V and VI pay commissions would be impacted. Suggestions that efforts of RDOA be co-ordinated with appear to make a lot of sense.

  9. Col Ramesh Chander (Retd)
    anything latest on this subject.I thought that the final orders from supreme court was to be delivered in April.

  10. With the SC giving the final verdict on 04 sep, what is the tentative arrears which one can expect.

    Can some one give the break down based on the commissioning date ?

    For eg
    Offr commisioned in 1986 and in service would get
    Offr commisioned in 1996 and in service would get
    Offr commisioned in 2006 and in service would get

    this would be useful for all .

    Thank you

  11. Yes Sir,

    Can some one reply the query of "he"

    At the end of the day, this is what matters.


  12. Dear Sirs,
    Many Details are either unknown or NOT Yet Clear.
    The Sole Purpose of Fighting at this Forum was to Bring "ONE Rank ONE Pension" which was to say >> One Rank One Pension means two military persons who retired after equal service in the same rank, get equal pension, irrespective of time span separating their retirement date.
    But NO Where it has been Talked about, or discussed for the Ranks and file. For Junior Officers. For ECO's or SSCO's who had also put in their Sweat and Blood. Many Young Officer s and Soldiers had Died during various Operations.
    There had been NO Separate Bullets for Soldiers or Seniors.
    When we talk about "One Rank One Pension" and the Crusade is about it then it should be Tooth and Nail, fight to Finish.
    Trust Our Top Brasses should take it up ON War Footing and With GUTS. There is No difference between a General who Retired in 1970/71's or in 2011/12. A General is a General. So is a Sepoy pre-1971 or Pre-1996 or Post-2006 is a Sepoy.
    There should be NO TWO Standards in Treating them as ONE.
    These Politicians and Babus want to create Differentiations, and What Britisher did was NOTHING. Factually this category is Dividing and Ruling.
    As it is the Position of the Defence Services from 1950 Status has been put on Floor Mat, all can walk over and Clean their Shoes. Any One in other fields outside Defence have much better way of Living with out Risking their Life.
    The Purpose of what is this Fight For Must be IMMEDIATE. Already 26 Yrs Late. Many might be in Heaven waiting for the Justice to be delivered to them.

  13. Does it cover RE-fixation OR just Rank Pay and Interest on this amount ? I mean after separating Rank Pay, officers move into EB and also get additional increment of 50 ( instead of 100 - 150 ), majority cross the last rung of scale ( 5100 ) by miles !!
    Does it carry cascading effect of RE-fixation in 5th and 6th CPC, which is big calculation and Huge arrears.