1. Please
refer your letter dated 21 Jan 13.
2. The implementation order to comply with
Hon'ble Supreme Court verdict dated 04 Sep 12, upholding Kerala High Court Order in the case
of Maj Dhanapalan (Retd), has been issued vide MoD ID No 34(6)2012-0 (PayJ
Services) dated 27 Dec 12. Services HQ are in the process of implementing the
order of MoD inspite of having serious observations on the provisions of the
letter.
3. MoD orders for implementation of the court
verdict meet only partially the aspirations and the expectations of the
affected officers and fall much short of complying with the judicial verdict in
letter and spirit. As Chairman, COSC, I have taken up specific
issues with Hon'ble RM vide my DO dated 18 Jan 13 which are detailed hereunder
:-
(a) The MoD order has restricted the benefit
by making the court order effective for those officers who held the rank of Fit
Lt and equivalent as on 1.1.86 instead of stating with effect from 1.1.86,
despite the court order using this term. This effectively means that officers
promoted to the rank of Fit Lt and equivalent after 01 Jan 86 will not be
covered by this order.
(b) The integrated Pay Scale of IV CPC and
the minimum pay for each rank (Paras 3(a) (i) and 6(a) of SAFI 1/S/87) respectieely have not been
amended. This in effect means that there would be two types of pay scales for
the same rank/service seniority in the currency of 4th CPC.
(c) The Basic pay ceiling prescribed by the 4th CPC scale, i.e ~ 5100, has not been amended. This has resulted in denial of fixation
benefit (i.e 20% of pre-revised pay) for officers
holding the rank of Brig and equivalent as on 1.1.86 thus occasioning a legitimate
default.
(d) The MoD orders have not amended the pay
fixation formula of 5th CPC which also envisaged deduction of Rank
Pay in pay fixation, thus it restricts the ripple effect of the court verdict
which is integral to the said verdict.
4. Services
HQ are constantly in touch with MoD. The Services reps have held a series of
meetings to discuss the issues raised by me with officials of MoD on 30 Jan and
15 & 22 Feb 13. The Armed Forces, in these
meetings have explained in detail all the major inconsistencies in this case.
The MoD has been found to be positively inclined and have supported the views
of the Services. A detailed case on the infirmities and anomalies arising out
of the ibid implementation order along with a few live examples of actual
fixation and problems arising thereof, have also been submitted to MoD on 31
Jan 13. MoD in turn has asked CGDA, MoD (Fin), MoF and LA (Def) to offer
comments on the issues that have been highlighted. The latest meeting on the
subject was held on 06 Mar 13 chaired by AS (A) In the meeting MoD appeared inclined to accept the Services view on the shortcomings
in the Govt letter. Accordingly a detailed note to be signed by JS (6) is being
prepared for seeking views of Solicitor General. Further a committee is also
being set up to crystalise the problem definition and the views of the
stakeholders.
5. I wish to
re-assure you that the Services are completely seized of the matter and are
following up the issue regularly. I am confident that the MoD will take necessary
action on the subject and issue suitable amendments in the Govt letter to
ensure immediate and correct implementation of the Judgment in its letter spirit.
by the kind courtesy of RDOA website http://rdoaindia.blogspot.in/
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