IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
I.A. NO. 9 OF 2010
IN
TRANSFER PETITION (C) NO. 56 OF 2007
| UNION OF INDIA NAD OTHERS |...| PETITIONER(s) |
Versus
| N.K. NAIR AND OTHERS |...| RESPONDENT(s) |
WITH
WRIT PETITION (C) NO. 268 OF 2010
| ARUN KUMAR AND OTHERS |...| PETITIONER(s) |
Versus
| UNION OF INDIA AND OTHERS |...| RESPONDENT(s) |
WITH
TRASFERRED CASE (C) NO. 11 OF 2010
| LIEUTENANT COLONEL PRK MURTHY |...| PETITIONER(s) |
Versus
| UNION OF INDIA AND OTHERS |...| RESPONDENT(s) |
WITH
TRASFERRED CASE (C) NOS. 14-19 OF 2010
| BRIGADIER P.K.K. MENON & OTHERS ETC.ETC. |...| PETITIONER(s) |
Versus
| UNION OF INDIA AND OTHERS |...| RESPONDENT(s) |
WITH
TRASFERRED CASE (C) NO. 31 OF 2010
| COL. (RETD.) AWADHESH SWAROOP SHUKLA & OTHERS |...|
PETITIONER(s) |
Versus
| UNION OF INDIA AND OTHERS |...|
RESPONDENT(s) |
WITH
TRASFERRED CASE (C) NO. 32 OF 2010
| LIEUTENANT COLONEL (RETD.) SANSAR SINGH DUHOON & |...|
PETITIONER(s) |
OTHERS
Versus
| UNION OF INDIA AND OTHERS |...| RESPONDENT(s) |
WITH
TRASFERRED CASE (C) NO. 33 OF 2010
| COLONEL (RETD.) JOHN TAYLOR & ANOTHER |...| PETITIONER(s) |
Versus
| UNION OF INDIA AND OTHERS |...| RESPONDENT(s) |
WITH
TRASFERRED CASE (C) NO. 35 OF 2010
| COLONEL (RETD.) SURENDRA PAL SINGH AND ANOTHER |...|
PETITIONER(s) |
Versus
| UNION OF INDIA AND OTHERS |...| RESPONDENT(s) |
WITH
WRIT PETITION (C) NO. 192 OF 2012
| COL. JAYARAJ AJARIA AND OTHERS |...| PETITIONER(s) |
Versus
| UNION OF INDIA AND OTHERS |...| RESPONDENT(s) |
WITH
I.A. NO. 1 OF 2011
IN
WRIT PETITION (C) NO. 34 OF 2009
| K.K. ROHTAGI & OTHERS |...| PETITIONER(s) |
Versus
| UNION OF INDIA AND OTHERS |...| RESPONDENT(s) |
O R D E R
I.A. No. 9 in T.P. (C) No.
56 of 2007:
We have heard Mr.
R.F. Nariman, learned Solicitor General of
India and Mr. Mahabir Singh, learned senior counsel for the respondents.
2. On
thoughtful consideration of the entire
matter, we are satisfied that the order dated March
8, 2010
does not require
any modification or variation save and except the interest part.
3. As regards
interest, on totality
of the circumstances including the circumstance that
Special Leave Petition arising
from the judgment dated July 4, 2003 in the matter of Major A.K.
Dhanapalan was dismissed by this Court in August, 2005 and the Kerala High Court had not ordered payment of interest on the arrears of pay, we
direct that the interest shall be paid by the petitioners to the respondents @ 6% p.a. from January 1, 2006
instead of January 1,
1986. It is clarified
that this order
shall govern all
similarly situated officers who
have not approached the court and
also those who
have filed Writ Petitions
which are pending
before various High Courts/Armed Forces Tribunal.
4. We
record and accept
the statement of
the learned Solicitor General
that arrears of pay with interest, as directed above, shall be
paid to the concerned officers
expeditiously and positively within twelve
weeks from today.
5. I.A. No. 9 of 2010 stands disposed of
accordingly.
W.P. (C) Nos. 268/2010,
192/2012, and I.A. No. 1 of 2011 in
W.P. (C)34/2009 and T.C. (C) Nos. 11/2010,
14-19/2010, 31/2010, 32/2010, 33/2010
and 35/2010:
The above matters
and pending I.As. therein, if any, stand
disposed of in terms of the above order passed in I.A. No. 9 of
2010 in T.P. (C) No. 56 of 2007.
.....................J.
(R.M. LODHA)
.....................J
(T.S.
THAKUR)
.....................J.
(ANIL R.
DAVE)
NEW DELHI
SEPTEMBER 4, 2012.
ITEM NO.9 COURT
NO.7 SECTION XVIA
S U P R E M E C O U R T O F
I N D I A
RECORD OF PROCEEDINGS
I.A. No. 9/2010 in
TRANSFER PETITION (CIVIL.) NO(s). 56 OF 2007
UNION OF INDIA & ORS. Petitioner(s)
VERSUS
N.K. NAIR & ORS.
Respondent(s)
(for modification/direction of recall the order dt. 8.3.2010 and
and office report)
(FOR FINAL DISPOSAL)
WITH
W.P. (C) No. 268/2010
(With office report)
[FOR FINAL DISPOSAL]
T.C. (C) No. 11/2010
T.C. (C) Nos. 14-19/2010
T.C. (C) No. 31/2010
T.C. (C) No. 32/2010
T.C. (C) No. 33/2010
T.C. (C) No. 35/2010
W.P. (C) No. 34/2009
[FOR FINAL DISPOSAL]
W.P. (C) No. 192 of 2012
(with office report)
[FOR FINAL DISPOSAL]
Date: 04/09/2012 This IA and
Petitions were called on for
hearing today.
CORAM :
HON'BLE MR. JUSTICE R.M. LODHA
HON'BLE MR. JUSTICE T.S. THAKUR
HON'BLE MR. JUSTICE ANIL R. DAVE
For Petitioner(s) Mr. R.F.
Nariman, Solicitor General
Mr. Farrukh Rasheed, Adv.
Mr. Kavin Gulati, Adv.
Mr. B.V. Balram Das, Adv.
Mr. D.S. Mahra, Adv.
Dr. Sukhdev Sharma, Adv.
Dr. B.B. Trikha, Ad..
Dr. Kailash Chand, Adv.
Dr. B.B. Trikha, Adv.
Dr. Kailash Chand, Adv.
Mr. Praveen Jain, Adv.
Mr. K.K. Rohatgi (Petitioner-in-person)
For Respondent(s) Mr.
Mahabir Singh, Sr. Adv.
Gp. Capt.Karan Singh Bhati,Adv.
Ms. Aishwarya Bhati, Adv.
Mr. Karmendra Singh, Adv.
Mr. Karan Sharma, Adv.
Mr. Vishwa Pal Singh ,Adv
Mr. Ajay Kumar ,Adv
Mrs Anil Katiyar, Adv.
Mr. R.F. Nariman, Solicitor General
Mr. Farrukh Rasheed, Adv.
Mr. Kavin Gulati, Adv.
Mr. B.V. Balram Das, Adv.
Mr. D.S. Mahra, Adv.
Mr. S.M. Dalal, Adv.
UPON hearing counsel the Court made the following
O R D E R
I.A. No. 9 of 2010 in Transfer Petition (civil) No. 56 of 2007
I.A. No. 9 stands disposed of in terms of the signed order.
W.P. (C) Nos. 268/2010, 192/2012, and I.A. No. 1 of 2011 in W.P.
(C)
34/2009 and T.C. (C) Nos. 11/2010,
14-19/2010, 31/2010, 32/2010,
33/2010 and 35/2010
The above matters and pending I.As. therein, if any, stand
disposed of in terms of the order passed in I.A. No.
9 of 2010
in
T.P. (C) No. 56 of 2007.
|(Pardeep Kumar)
(Renu Diwan)
Court Master
Court Master
Dear Friends,
ReplyDeleteNo doubt, that it is mainly due to the pioneering efforts of Maj Dhanapalan Retd and his judicial victory at every level of judicial hierarchy, that the rank pay case for the rest of officers of the defence services was mooted. Maj Dhanapalan's great victory paved the way for some more officers to take to judicial remedy for the case. During this period, I presume there was the birth of RDOA, which then displayed immense patience and ingenuity and also left no stones un-turned to achieve the resounding victory against the evil designs of Central Government duly misguided by the cunning and corrupt bureaucracy. At one stage it appeared that even the Apex Court was playing ball to their mischievous games and designs.
But then good sense eventually prevailed and the RDOA by hiring brilliant lawyers and with its sustained efforts, hard work, perseverance, insistence and patience was able to obtain a favourable judgement for all the affected defense officers, though the interest element took a major beating. 4th September 2012, undoubtedly would go down as a historic day for a brilliant legal battle won by the Defence Services.
The period of 12 weeks given by the Apex Court is quite reasonable for getting the arrears, which has also been agreed by the Learned Solicitor General, but before that the Government guided by the bureaucracy, aggrieved by the failure of their wicked designs, will have to be compelled to issue necessary executive orders for payment of the arrears within the specified period. It may be pertinent to suggest that some ESM organisation or even RDOA would have to act as watchdogs till the final implementation of the Apex Court Judgement.
All the same the Victory (with capital V) is most deserving and no praise is less for appreciating the gigantic efforts of the RDOA and its heads viz Col BK Sharma and Col Satwant Singh for making this dream a reality.
Last but not the least we sincerely and truly salute Maj Dhanapalan for being the pioneer of the rank pay case and should be named nothing less than "The Father of Rank Pay Case" as he has etched a special name in the legal history of the defence forces. It would be the minimal honour which we all grateful defence officers could do, to recognise his pioneering efforts and achievement.
What sort of delegation would pronounce this achievement / recognition can be jointly decided by the various ESM groups, which are also sincerely advised by me and my colleagues, for holding tightly each others hands, once and for all, to achieve greater Victories for the defence community.
It is my heartfelt suggestion for consideration of one and all. I would also like to suggest, that we would have to find an identical "The Father of OROP" to get our genuine and justified demand of OROP, fulfilled as early as possible. The earlier he takes birth would be better.
Best of Luck and regards to all.
Col LK Anand Retd