Wednesday, April 30, 2014

IV CPC Rank Pay Contempt Petition: Gist of Rejoinder Affidavit filed by RDOA

For information  of affected defence officers.

It is respectfully submitted that the contention of the Contemnors stating that this Hon’ble Court order of 04.09.2012 has been complied with in letter and spirit is totally false and misleading and far from the truth. The implementation instruction issued by MoD dated 27.12.2012 in compliance with this Hon’ble Court order of 04.09.2012 is bereft with non compliances. It is pertinent to mention that from the following paras it is absolutely clear that the directions issued by this Hon’ble Court have not been complied with in letter and spirit and even in the admitted case there is no compliance. The non compliances which have arisen due to the implementation instructions issued by MoD are listed below. These have been discussed at length in subsequent paras.

        (a)     Non compliance of this Hon’ble Court order of 04.09.2012 within the stipulated time limit of 31 May 2013. The payment of arrears on account of pension by CDA Pension Allahabad, is yet to start.

        (b)     Restricting payment of interest @ 6% on the arrears admissible on account of refixation of pay and pension beyond 31 May 2013 as orderd by this Hon’ble Court from 01.01.2006.

        (c)     Limiting the scope of this Hon’ble Court order of 04.09.2012 by changing the text of the order ‘with effect from 01.01.1986’ to ‘as on 01.01.1986’ thereby denying the benefits of arrears of pay and pension to those officers who got promoted on any day after 01.01.1986 and those officers who retired before 01.01.1986.

         (d)     Non applicability of the order dated 04.09.2012 of this Hon’ble Court to subsequent V and VI Pay Commission where in also rank pay was deducted at the time of pay fixation and recommendation of pay scales.

        (e)     Non revision of minimum initial pay of each rank after removal of the deduction of rank pay step as directed by this Hon’ble Court in terms of table given at para 6(a)(ii) of SAI 1/S/87 which was also arrived at after deduction of rank pay as applicable to each rank.

        (f)      Non revision of top of integrated scale which was also fixed after deduction of rank pay as admissible to the rank of Brig.

         (g)     Non revision of pension of pre 1986 retirees consequent to refixation of pay as on 01.01.1986 and thereafter on 01.01.1996 and 01.01.2006 after removal of deduction of rank pay step.

        (h)     Non payment of rank pay to Lt Col (TS) on completion of 21 years of service in a substantive capacity.

Reference directions given by the Hon'ble Supreme Court on 31 Mar 2014 to implead the present Defence Secretary and the CGDA in the Contempt Petition; RDOA has filed the Impleadment Application on 17 April 2014. The impleadment application is a detailed application and all issues have been added including a recent development in which CGDA has issued instructions to CDA(AF) to restrict payment of interest to the affected officers till 31 May 13.

Further development on the case will be notified on occurrence.

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