The UOI has suggested another 'spanner' to cause delay in the IV CPC rank pay case. In its affidavit filed the UOI says that the Central Govt is open and willing to constitute an independent commission headed by a retired judge of the Supreme Court to examine the correctness of the implementation of the recommendations by IV CPC related to rank pay as given in Para 28.113 of its report and to make recommendations for further improvements to the procedure for disbursement of pension to retired Armed forces personnel based on Govt orders subsequent to VI CPC recommendations
THIS IS PURE HOGWASH AND ONLY TO DELAY MATTERS. RDOA IS NOT GOING TO BUY THIS LINE OF ACTION.
Further it says:Apart from the enormous financial implications, actual implementation of the Hon'ble Court's order would involve the following stages;
(a) Revision of pay of offrs on 1/1/1986, 1/1/1996, and 1/1/2006 with simultaneous revision of all pay linked allowances/benefits.
(b) Calculation of DA on slab basis from 1/1/1986 to 31/12/1995 is time consuming
(c) Revision of retirement benefits (gratuity, leave encashment) of offrs retiring after 1/1/1986
(d) Revision of pension on 1/1/1986, 1/1/1996, 1/1/2006.
(e) Revision of family pension based on revision of pension of offrs
(f) Payments to be made to legal heirs of deceased offrs
(g) Interest @ 6 % per annum for upto 24 yrs in each case will have to be calculated and paid.
RDOA comment. UOI is responsible for this faux pas and should do the needful and pay the offrs their legitimate dues. The Court should raise the penalty to 18% for causing unnecessary delays in implementing court orders.
Next hearing is due on 18 Jan 2012
Courtesy http://rdoaindia.blogspot.com
This appeal by the UoI is an implicit admission of GUILT. They admit that they have erred. Now which law permits a crime to be perpetrated and the Criminal getting the choice of punishment? Is the Indian legal system so naive. Do we need a change in the legal set up if it is incapable of delivering Justice and can be subverted by the Bureaucrat.
ReplyDeleteWhen a crime is committed and the convicted party cannot pay the fine he/she is imprisoned for the amount of fine. Will the Apex Court sentence the Def Secretaries and the Bureaucrats who have handled the files to imprisonment for at least 7 years each since that would be the equal amount for compensation.
Lastly, will the Apex Court accept this insult to the highest Court of the land. After innumerable abstinence from hearings on flimsy grounds the AG and the UoI have suggested that the Final Legal Bastion - the Apex Court is incapable of delivering Justice and hence a Commission be set up to set things right. This is a Direct insult and Contempt of Court for which a plea of issuing non-bailable warrants against the AG and the Bureaucrats preparing the case should be initiated.
If calculations are difficult the Armed forces should be given the benefit of doubt and a lump sum to be paid as was done in the fixation based on service after the 6th PC. This should only be done after a heavy pecuniary penalty is imposed on the Bureaucrats involved in the case. If tracing the records of many Service personnel is dificult it will not take the Govt long to trace out the bureaucrats and those who have retired and deduct the pecuniary fine from their salaries / pensions. Why should the victim suffer when the criminal goes scot free.
The Court should ask the UoI why it can suggest giving pensions to NoK of terrorists and NRIs but cant give the rightful dues to the Servicemen.
Menon
Courtesy http://rdoaindia.blogspot.com
"........examine the correctness of the implementation ........ "is nothing but pure BS.
ReplyDeleteAnd paras a) to 9) show how cunning and clever the Baboos are in obfuscating the issue.
It is attempt to fool the judiciery by putting up concocted confusion.
It is surprising how the learned Judges digest this nonsense.
Gp Capt(Retd) H Rajagopal
Mysore
Perhaps, the services HQs can now step in with an assurance there'd be no problem in calculating the arrears due. A spreadsheet program would meet the requirements very nicely.
ReplyDeleteAll that'd be required, based on the judgement of the Hon'ble Supreme Court, would be the rate at which the interest on the arrears would need to be compounded wef 01 January 1986 till the present time.
Dhoop
I do not see the calculations of arrears as a problem at all. They could fix it on a rank basis and pay as lumpsum. It appears it is just an excuse not to do and lacks the will since the baboos are not the beneficieries.
ReplyDeleteI am sure that Apex court is aware of such craftiness to set up a commission and they can read between the lines. Surely they Apex court is not going to buy it from these baboos.
Abe
I have been forwarded this mail by a Veteran. I think we should fight this chicanery of the UOI to deny officers their dues. In fact the Court should be asked to penalise the civil servants who ere responsible for this act of commission, not ommission, to deny officers their legitimate dues, so that they do not commit this mistake again. Calculation of all the dues is a mechanical activity and can be done easily by the CDA & PCDA.
ReplyDeleteFact is that the UOI has not denied that these dues are legitimate. So they may as well work on them.
More power to you dedicated people.
Lt Gen SK Bahri (Retd)
4TH PAY COMMISSION - RANK PAY CASE: 'ANOTHER - AAJ NAHIN, KAL NAHIN, KABHI NAHIN' BY GOI !!!
ReplyDeleteDear Gen Bahri Sir
I fully agree with you .We shoul dhave no problem with the proposal to set up a committe to look into the matters arising from 6 PC as suggested by the Government.
Infact this is what IESM said when we wanted the Defence pay commission set up right away to look into all aspects of the 6 PC fiasco.
Why has the Gov then not agreed to set up the committee which was suggested by the SC some time back naming its members?
I feel we should now try and catch the GOI in its own game and bring this out before the judge.
Ravindra Pathak
raviwarsha@gmail.com
Hogwash, it is; but this would give another chance to the 'learned' judges to fix another date for final disposal. And that is the aim of the UOI in this case! Let us wait and see what happens on 18 Jan; it's only a few more days of uncertainty and anxiety...
ReplyDelete4TH PAY COMMISSION - RANK PAY CASE: 'ANOTHER - AAJ NAHIN, KAL NAHIN, KABHI NAHIN' BY GOI !!!
ReplyDeleteDear All,
The affidavit is nothing but a confession. GOI finally realised what is due to these officers and holding on to it for morethan 27 years now.
GOI is only responsible for this. The case has already been decided by the SC. It is an appeal against the judgement made by GOI is being heard in SC. Burden of proving the case rest with the repondents which they misarably failed.
Hence their case is laible to be dismissed with costs.
However, to impliment the judgment, if GOI feel that it is not possible to cope up with the existing system, we may suggest that the appex court may draw a panel of Veterans/retired DAD staff to create a SPECIAL CELL in CDA(O) for refixing the pay, calculating the arrears, making payments, issue amendments to the LPCs of pensioners and sent to CDA(P).
A similar cell can also be created in CDA(P).
"LET US PRAY THE ALMIGHTY FOR WISDOM BE BESTOWED ON THE JUDGES ON 18 JAN"
WITH REGARDS,
Major AK Dhanapalan, Veteran
dhanapalanakmajor@gmail.com