Dear All,
Col Sharma is my old friend and
colleague. Yesterday he called me and informed me in brief all the efforts
made by them to win this case. I am sharing with all of us so that we
understand pains of sustained battles with the Government.
He has handled
this case which he filed in 2006 in Supreme Court on behalf of all of us
sponsored by RDOA. He has himself attended 40 hearing in Supreme Court in
the last six years. Those of us have gone to any court in India would
realise what it amounts to. He has visited 10 stations/cities to educate
Veterans on this case and spent money from his pocket. He has no regrets
on this. He has regrets on that, at many stations Veterans have laughed at
him and even discouraged him. Now that he has won the case same Veterans
ask him how much will they get.
He short listed our lawyer and team of lawyers. He shared with me that first time he met Mr Dave our lawyer he did not have any money with him. After discussing the case he reluctantly asked Mr Dave to consider concession in fees for us since we are just pensioners. Mr Dave said that he will not charge even a single penny from us. He did not. There are persons of this class also in this country even today.
On a final day when our case was being discussed, Solitary General was asking for reconsideration or dismissal of the case. Somehow, Judges were convinced that we all have been wronged. The defence counsel recommended that arrears be given to only those who had been party to the case. Our lawyer requested there will be so many individual cases after this claiming same arrears. Thereafter Defence lawyers asked for waiver of Interest which was again contested by our lawyers. Lastly Defence team said interest for only those who were party to the case, finally they settled at interest for all from 2006 at 6%.
Government and Babus stand exposed and it is proved beyond doubt that persons who denied us our rightful emoluments for so many years have snatched many goodies from our life and from our children. We must inform our citizens and our Children how what our Country had sanctioned for our services has been denied to us by Civil Servants (Civil kassiaz). This five lakhs plus and minus depending on many factors at right time would have given fees for good colleges, paid our instalments and many other chores. We are sure GOD will compensate us in many ways but someone must punish these babus who intentionally did this injustice to us and later fought that we should not get it. In fact there must be a CBI inquiry on this. We have documents taken through RTI which reveal how MOD concealed Notings of Finance Ministry to deny us money duly sanctioned by the King. In future we soldiers must be ruthless in demanding our rights-no one gives rights just like that and we must fight for the rights. Well fought RDOA, keep it up.
We can notice that RDOA team and our Lawyers have fought this case tooth and nail. We must all be grateful to them and thank them.
I propose if we can call them to DSOI CHD on 16 December and
host a small reception for them. We must inform public through media. We
need some officers and organisations to second it and work towards it.
Regards,
Brig Nawab
Heer
truly , a remarkable battle waged against the powerful conniving adversaries within the govt...hats off to Col Sharma sir and his team and it only reinstates my conviction in the fauji breed barring some exceptions that prove otherwise..We are proud of u sir. Serving naval offr
ReplyDeleteDear Brig Nawab Heer, Cols Sharma and Satwant might remember that in our country there are more men who stand & watch (and mock if one fails) or join the band wagon (when one succeeds). I am sure Col Sharma did what he succeeded in defeating the machinations of the MoD only because he had the courage and the support of at least a few diehard supporters. Battles are won by a few but there are many who want to share the glory. Let us not belittle them by a reception in DSOI but resolve that we will motivate more people to join and support the RDOA in the next battle.
ReplyDeletePerhaps Col Sharma will consider writing a book to educate and enlighten us of his epic battle.
Air Mshl (retd) S Y Savur PVSM AVSM
sir,
DeleteI entirely agree with you.But what the Brig is doing is a small gesture of appreciation towards the efforts of Col Sharma
Wgcdr.S.Narayanan(retd)
Dear Sir,
DeleteHats off to Col Sharma and 3 Cheer to RDOA. Many thanks to you Col Anand for keeping us updated. Pray that God may reward 'Good Samaritans' like Mr Dave.
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It is a shame that one small orgainsation (RDOA) had to fight this case all alone. Why cant the all the faujis just form one organisation and speak in one voice. How about an annual subscription of just Rs 10 ? All the cases can be fought by hiring the best lawyers.
ReplyDeleteSir,
ReplyDeleteYes I am with you. We must all realize what we lost because of Babus and how we are gaining what we lost. Filing cases in highest Court and attending all the hearings for these many years is not a joke and it is not simply attending the case on each hearing but the way the RDOA fed inputs with accurate evidences lead the case to its final stage which was finally decided in our favour. Whatever little or more we do now for these hard efforts put in by our brother officers running this noble organisation “RDOA” would remain small and it will perhaps lead to “togetherness” which makes us stronger.
But this is not an end. Let us all keep a watch as to how the Govt fixes the rank pay for IVth and Vth CPCs and how they effect on VIth CPC. I quote an example here as to in what way, with what cleverness and how smartly the babus have made us to beg them. The rank pay was introduced in IVth CPC. The example is; an amount of Rs 200/- was deducted from the emoluments of a captain and renamed such deduction as rank pay. So called rank pay of Rs 200/- carried on till Dec 1997 though the Vth CPC was implemented wef 01 Jan 1996. It tooK 2 years to fix the pay scales of Vth CPC and arrears were paid in Jan 1998. Till Dec 1997 the so-called rank pay for captain was Rs 200/- and the DA rate in Dec 1997 was 170%. Thus the so-called rank pay of Rs 200/- for a captain fetched DA of Rs 340/- @170%. It thus an evident that the total rank pay a Captain was given immediately before payment of Vth CPC arrears was Rs 540/- per month including DA. But how cleverly and smartly the babus have fixed rank pay in Vth CPC from 01 Jan 1996 was Rs 400/- only as against Rs 540/- which a captain was getting in IVth CPC terms. This has happened in so called rank pay of Majors to Brig. In IVth CPC the officers of Captain to Brig were getting so-called rank pay with DA @ 170%. The rank pay fixed in Vth CPC for every rank was much less than the total rank pay including DA @ 170% which the officers were getting in IVth CPC. Sir the purpose and aim of successive pay commissions are to grant increase and step up pay and not to decrease the pay in any elements.
The rank pay has been discontinued from VIth CPC instead MSP was introduced wef 01 Jan 2006. But the Govt says MSP is a new element of pay to the armed forces. If MSP is a new element of pay then how come the rank pay which was being given (though deducted from emoluments) in last two CPCs was withdrawn? Lets us find some solution for this logic too.
Let us all keep a watch on the way the Govt fixes the rank pay wef 01 Jan 1986. In any case the rank pay fixed with effect from 01 Jan 1996 (Vth CPC) should be above the rank pay plus DA given till Dec 1997 under IVth CPC.
Let us all contribute our share for the noble cause of all of us for whom the RDOA is functioning. Let us all make RDOA as “OUR ORGANISATION” and let us all contribute to run it.
JAI HIND & SATYA MEVA JAYATE
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
Dear All,
DeleteThough the Vth CPC was implemented wef 01 Jan 96, the arrears were paid in Jan 1998. Till Dec 1997 the pay as per IVth CPC was paid. The DA paid in Dec 1997 was @ 170% up to the Basic pay of Rs 3500/- pm and beyond basic pay of 3500/- pm the DA was paid @ 135.23%. This can be clearly seen from the working out sheet attached to pay slip for the month of Jan 1998 by CDA (O) Pune. Accordingly, a Captain whose basic pay was less than or up to Rs 3500/- was entitled for rank pay of Rs 200/- plus DA Rs 340/- (@ 170%). Thus the total rank pay including DA entitled for a Captain in Dec 1997 was Rs 540/- pm but surprisingly wef Jan 1996 the rank pay fixed for a Captain was just Rs 400/- (Please refer your pay slip for the month of Jan 1998 and the arrears sheet attached thereto). The rank pay wef 01 Jan 1996 in Vth CPC was not a new element but was an element continued from previous CPC (IVth CPC). The aim and purpose of successive pay commissions was to step up the pay drawn. Thus the rank pay of Rs 200/- pm for Captain which was introduced on 01 Jan 1986 works out to Rs 540/- pm with DA @ 170@ immediately prior to payment of arrears of Vth CPC. In the next successive pay commission (Vth CPC) the rank pay for Captain Steps up to Rs 600/- per month and not Rs 400/- per month. Logically when the Captain’s rank pay of 200/- pm steps up to Rs 600/- pm in Vth CPC, the rank pay for other ranks also steps up in Vth CPC wef 01 Jan 1996 to Rs 1800/- pm for Majors, Rs 2400/- for Lt Cols, Rs 3000/- for Cols and Rs 3600/- for Brig. The logic is when a Captains rank pay of IV th CPC becomes triple with DA immediately before payment of Vth CPC arrears the rank pay of Majs to Brig should also step up to three-times. This is only food for thought and not for pointing out any one before the fresh calculations are worked out and the arrears are paid to the concerned officers.
As per the Honourable Supreme Court judgment the UOI (MOD) is to fix the rank pay from 01 Jan 1986 and pay the arrears to all the effected officers. The latest news says “Meanwhile, a fresh calculation has been ordered following a Supreme Court judgment”.
Let us wait and see as to what rank pay for each rank the Govt is going to fix wef 01 Jan 1986 (IVth CPC), wef 01 Jan 1996 (Vth CPC) and as to how the further calculations are worked out.
If the rank pay is fixed as per the logic brought out above, for certain ranks it makes the MSP much below of rank pay plus DA drawn till 01 Jan 2006.
Dear Veterans please take this just as food for thought only. Please do not react to this based on your pay slips immediately.
UOI ACHIEVED ITS AIM THROUGH I.A. 9 FILED TO RECALL THE HONOURABLE SUPREME COURT ORDER OF 08 MARCH 2010. SEE HOW?
ReplyDeleteJudgment of 08 Mar 2010 spells out interest to be paid from 01 Jan 1986 on rank pay arrears.
UOI files I.A. 9 to recall the Orders of 08 Mar 2010
Judgment of 04 Sep 2012 relaxes the burden of interest which will now be paid from 01 Jan 2006.
What the MOD gained and what the veterans and serving officers lost?
See the table below;
The total interest from 1986 to Dec 2012 on the total rank pay from Jan 1986 to Dec 1995 is 144.25% (If you don’t believe ask me will send the excel sheet)
The total interest from 01 Jan 2006 to Dec 2012 on total rank pay from Jan 1986 to Dec 1995 is 42%
As per UOI and SG the total burden to exchequer is Rs 1600 crore calculated prior to filing I.A. 9 based on Honourable Supreme Court Order of 08 Mar 2010.
Rs 1600 Crore calculated by MOD includes interest at 144.25%. The interest is 944.93 Crore & the total rank pay for 20000 officers is Rs 655.07 Crore
After the Honourable Supreme Court judgment on 04 Sep 2012 the interest rate came down to 42% only. The rank pay of Rs 655.07 crore accrues interest of Rs 275.13 Crore at 42%. The total burden on the exchequer now is Rs 930.20 Crore. (ie 655.07 Crore + 275.13 Crore)
What is achieved by UOI is that the MOD saved Rs 669.80 Crore (Rs 1600 Crore – Rs 930.20 Crore). This total saving is on interest (Rs 944.93 Crore – 275.13 Crore = Rs 669.80 Crore.)
Good, three cheers to UOI for saving Rs 669.80 Crore. But the UOI & MOD should look back and realise as to at whose cost they made this saving, for whose benefit they made this saving, from whose services they made this saving, at whose faults the exchequer today got burdened, at whose mistakes and faults the burden came on exchequer today, why not those who caused this burden to the exchequer today contribute the burden as penalty for their mistakes and failures. Any answers?
Finally the looser are honest armed forces officers who never take the route the way the country’s civilian crowed takes by agitations, rasta rokos, strikes, destruction and so many.
We waited for 26 years, finally some thing came. But how can this fruit reaches those who are no more now. Will the UOI & MOD understand this loss?
THOUGH THE HONESTY LOOSES BUT FINALLY IT WINS.
HONESTY PAYS IN LONG RUN.
Col Raju
Dear Col Sharma,
ReplyDeleteCongratulations for a well fought out battle and winning it.
I have just two points.
The first judgement of 2011 gave interest from 1.1.86 which was just. The UOI went back to SC for review and the decision of Sep 2012 was given in which interest from 2006 is being given only. CANNOT THE RDOA GO FOR A REVIEW OF THE DECISION of Supreme court and lets wait another couple of years but get the interest back as legitimately it is our due.
Second point is about the officers pay enhanced now and that too prospectively although it was an error on the part of fixation of 6 CPC which was and so the correction should not be a favour and it should be with retrospective effect. Can't the RDOA take up a case.
Regards
Col Chander Mohan