4. The letter in the same Para also states that there shall be no change in the instructions issued after the 5thand 6th CPCs except those necessitated due to re-fixation of pay on 01-01-1986, meaning thereby that only the fitment of pay within the existing scales (and not upgraded scales) of those whose pay is re-fixed on 01-01-1986 when migrating to 5th CPC on 01-01-1996 or to 6th CPC scales on 01-01-2006 if the officer continued serving, would be affected as per the fitment formula. This of course is a natural consequence since when the pay on 01-01-1986 is re-fixed, then of course the migration into the 5th CPC scale on 01-01-1996 would be at a higher stage within the existing 5th CPC scale in accordance with the existing fitment formula and same would be the case with 6th CPC. This is nothing extra and already pre-exists with or without the Govt letter.
5. Also Sir do you expect that all affected parties would again go to the SC to seek fresh orders on a similar anomaly in the next pay commission or for upgradation of scales whereas the same was fully argued before the SC by all parties leading to a considered verdict of the Hon’ble Apex Court?. If the correction would have been honestly carried out in the correct spirit, then it was to become applicable to all officers, serving, or retired and the family pensioners and even to those who retired prior to 1986. The deduction of rank pay had resulted in depressed scales and status and once corrected should have resulted in automatic upgradation of scales of the 4th CPC as well as the 5th and the 6th CPCs as was also fully argued before the Court and contained in the various affidavits filed by both the Petitioners and the UOI in the court which is on record.
6. Please ask your officers as to how the rank of Captain which was shown at par and equal to Senior Time Scale (Under Secretary to Govt of India) till 3rd CPC even before the Supreme Court, was suddenly degraded in the 4thCPC and the same Senior Time Scale was reflected equal to Major of the Army after the 4th CPC which continues till date? Sir, let us assure you, there was no order by the 4th CPC or any other authority directing that the rank of Captain be degraded from Senior Time Scale and clubbed with Junior Time Scale alongwith then existing 2nd Lt and Lt. This is how systematic degradation has been taking place at the behest of a certain lobby in the MoD without the Political executive being in knowledge of the same.
7. Sir, Till the 3rd CPC, 2nd Lt and Lt were equated with Junior Time Scale and Capt was equated with Senior Time Scale, suddenly after the rank pay fiasco in the 4th CPC, three ranks of the Army, that is 2nd Lt, Lt and Capt were shown clubbed with a single rank of the civil, that is, Junior Time Scale, whereas Major was now shown equal to Senior Time Scale which continues till date. Who was responsible for this? How could it be allowed that the first Class-I/Group-A/Commissioned rank of 2nd Lt alongwith two promotional posts/ranks of Lt and Capt were all clubbed with the first rank on the civil side, that is, Junior Time Scale? All happened because of the strange manipulations in the rank pay saga during the 4th CPC which has been corrected by the Hon’ble SC.
8. Similarly a Major (Selection Grade) drew a pay equal to the Selection Grade/Non-Functional Selection Grade (SG/NFSG) of the civil services, but today an SG/NFSG civil officer enjoys a status and draws a pay equal to a full Colonel!. Manipulations such as these and degradation of status and sheen of the military rank continue till date where the civil staff puts up noting sheets to you and gets your signatures on orders without taking into confidence the military staff. It has always been a one-sided affair and continues till date. Shouldn’t stake-holders be consulted before taking decisions that affect them and indirectly also the pensioners? Do you know that by manipulating and reducing the pay and status of serving officers, even the pensioners and family pensioners are affected since their pensions are linked to existing scales? I’m sure you would not be knowing all this Sir and elements would also ensure that you do not get to know the correct situation since there exists a thick huge wall between what is projected to you and what is the reality.
9. Sir, the MoD, while arguing their case, had itself, through affidavits and submissions to Supreme Court accepted that the implementation of Court judgement would involve re-fixation of not only the, Fourth Pay Commission but would affect Fifth and Sixth Pay Commissions. The MoD also maintained that it would alter payment of all consequential and resultant benefits of officers and their families wherever applicable. In a recently filed affidavit seeking extension of time for implementation of the judgement, the MoD had stated that the judgement related to three successive pay commissions and also affected the benefits of officers who retired prior to 1986. Then how can MoD issue implementing instruction contrary to the above submission? The concerned staff has very carefully chosen to stick on to certain words without looking at the spirit of the entire order and what was argued in the Court.
10. Sir, as submitted above, while the court had ordered re-fixation of scales with effect from 01 Jan 1986, Para 6 of the MoD instructions issued on 27 Dec 2012 grants the benefits to officers as on “01.01.1986”. The SC judgement, which was to have a cascading effect on the fixation of pay and pay scales from 01 Jan 1986 ie with effect from fourth pay commission, continuing till date, has fraudulently been made applicable only to those persons who were in receipt of rank pay as on 01 Jan 1986.
11. The letter issued by the MoD, is clearly a grave injustice to your soldier officers. It can easily be termed as:“Rarest of Rare Fraud, perjury and Injustice to Defence Forces”. How do you expect the demoralized and demotivated officers to lead from the front and sacrifice their lives when the Govt is denying them their due respect, status, interse equation with other services and emoluments? You have not been fair sir.
12. In view of the above, we request you to order immediate cancellation of the 27th Dec 2012 letter regarding Rank Pay and issue comprehensive instructions incorporating all aspects of the SC judgement correctly as mentioned above.
13. We request for an immediate appointment with you to explain the injustice being done to veterans and armed forces.
General Bikram Singh, PVSM, UYSM,
AVSM, SM, VSM, ADC
Chief of the Army Staff.
Integrated HQs of Armed Forces (Army)
South Block, New Delhi-110011.
Admiral Devendra Kumar Joshi, PVSM, AVSM,
YSM, NM, VSM, ADC
Chief of the Naval Staff
Integrated HQs of Armed Forces (Navy)
South Block, New Delhi-110011.
Air Chief Marshal Norman Anil Kumar Browne,
PVSM, AVSM, VM.
Chairman Chiefs of Staff Committee and
Chief of the Air Staff.
Vayu Bhawan, New Delhi 110011.