Government and Bureaucracy still indifferent to Supreme Court directions on Rank Pay Case

AG tosses Rank Pay ball into Law Ministry Court

IN what will certainly cause heartburn among veterans and war widows, the wait to get their dues may get longer as the government seems to be dithering over the implementation of Supreme Courts 2012 order in the rank pay case. It is learnt that the rank pay ball, lobbed by Defence Minister A. K. Antony in the court of Attorney General ( AG) Goolam Vahanvati in June, is now in the court of Law Ministry by the AG. Last month, in a high- level meeting chaired by Antony, it was decided to forward the rank pay matter to the AG office for legal guidance on its implementation. Air Chief Marshal NAK Browne wrote twice this year to the defence minister informing him about the anomalies emanating out of the MoDs inaction. Said a source close to the AG, “ When the rank pay case was referred to us by the MoD, we received a representation from the Air HQs which covered the entire subject. But now, we have decided to take the Law Ministrys point of view. This was determined by the AG last Friday.” It was unclear whether or not the AG has sought a timebound response from the Law Ministry. It was also learnt that while the MoD had decided to send presentations to the AGs office separately from the IAF headquarters and the defence secretary, it was only the IAF presentation that the AG had received, written on July 1, 2013 and signed by the air chief himself. A serving officer, aware of the entire issue, said, “ This adding of another layer of bureaucracy will definitely cause further delay.” WHAT THE CASE IS ALL ABOUT THE rank pay case is also known as the Major Dhanapalan case. The Supreme Court had ordered the revision of pay for all army, navy and air force officers eligible for rank pay with effect from 1.1.86, the date of implementation of the Fourth Pay Commission. However, the MoD implementation letter of December 2012 changed it to as on 1.1.86. The SC order had also sought re- designing of the minimum basic pay in the integrated pay scale of the Fourth Pay Commission to ensure similarly placed officers dont get different basic salaries.

Clarifications/Misconceptions on Rank Pay Case

From the comments/views expressed on the blog there seem to be still many misconceptions/ understanding of the IV CPC Rank Pay case.

1.         The Hon’ble Supreme Court directive of 04 Sept 12 is very clear and specific. It says‘Refix the pay of the officers without deduction of rank pay with effect from 1/1/86’meaning thereby that, it is a continous process of refixation wherever rank pay deduction has been resorted to. It covers IVCPC, V CPC and VI CPC since in all, the fixation was done by deduction of rank pay. Documentary evidence exists to that effect and has also been stated in sworn affidavits in the court as well as in the Report of the High Powered Committee which was constituted to work out the financial implications resulting in implementation of HSC order. The HPC report forms part of the affidavit submitted by the UOI in the court. So therefore, the feeling that V CPC and VI CPC will not be covered by the court order is ill founded. By Tweaking the HSC verdict to read ‘As on 1/1/86’ as perceived by MoD is sure to invite severe stricture form the apex court.

2.         Some feel that DA has not been calculated on rank pay is also not correct. If you see the due and drawn statement DA has been added. During the period 1986 to 1995, DA was based on slab basis. For example DA payable from 1/7/1986 to 31/12/86 was as: Basic pay upto Rs 3500-4% of pay, pay between 3501 to 6000- 3% of pay subject to min Rs 140/- and for basic pay above Rs 6000/--2% of pay subject to min of Rs 180. Still if officers feel that they have not been paid DA kindly write to your paying CDA individually.

3.         The DGL submitted by the Services HQ is by all accounts the best presentation and covers all the rank pay deductions and upgradation of pay scales without deducting rank pay where ever it has been done at the IV/V/VI CPC and addresses the refixation of basic pay and grade pay. Air Chief Marshal NAK Browne as COSC has already brought the infirmities/anomalies to the notice of RM as intimated on this blog and which has been covered by the media also.

4.         All are requested to be patient with the fight with the MoD ganged up with CGDA, Def Finance, Dept of Expenditure and MoF. The Hon’ble Supreme Court verdict is our savior and we will fight it out. Please leave it to the RDOA.

5.         It is also heartening to know that we all officers have awakened to the game plan of the mandarins of the MoD and how we have been cheated over the years by denying us our legitimate pay and allowances and gradual erosion of our status since 1986. It also to our advantage that the ‘Media’ has locked on to this Rank Pay Case and will follow all developments of the case. Be rest assured RDOA will get justice for all.