The Attorney
General has been asked to look into the issue of re-fixing of pay scales of
military officers affected by the Fourth Pay Commission in the wake of
differences between the three Services and the defence ministry.
Defence
Minister AK Antony while seeking clarity from the Attorney General on the
interpretation of a Supreme Court order for re-fixing the pay assured a meeting
of the Service chiefs and the Defence Secretary RK Mathur he would ensure that
“Supreme Court orders are implemented in letter and spirit”. Antony also
said the government was fully committed on this issue.
The three
Services and the defence ministry are at loggerheads over interpretation of the
Supreme Court order issued in September last year. The order was expected to monetarily
benefit a large number of military officers.
“It was
observed during the meeting headed by Antony that there was differences in
interpretation between the ministry and the Services and it was decided that
both of them will seek the opinion from the AG on the matter,” defence ministry
officials said.
The Services
and the ministry will approach the AG separately with their respective
interpretations and understanding of the matter, they said.
The Services
will approach the AG directly whereas the defence ministry will first consult
the finance ministry and then approach him. The three
Services chiefs including Army Chief General Bikram Singh have been raising the
issue with the defence minister on a regular basis.
The IAF had
also written to the ministry saying there was a feeling among the Service
officers that the delay in implementing the Supreme Court order may be
intentional.
The IAF had
also alleged that the SC order was being implemented selectively by the
ministry.
The particular
order of the Supreme Court was expected to benefit a large number of officers
in the three Services in the rank of Captain and Brigadiers who had joined
between 1 January 1986 and 1 January 2006, according to the counsel for
ex-servicemen.
Had the order
been implemented as the per interpretation of the ex-servicemen, it would have
entailed a cost of Rs 1,600 crore to the government.
In the Supreme
Court, the ex-servicemen had contended that there was wrong fixation of rank
pay awarded by the Fourth Pay Commission in which the element of rank pay was
introduced for all the ranks from Captain to Brigadiers in Army and their
equivalent in the Navy and Air Force in addition to pay in the integrated scale. However, at
the time of fixation, the rank pay was first deducted to arrive at the total
emoluments and thereafter added after fixation in the integrated scale.
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