Feel free to contribute on burning issues concerning the armed forces. Contributions would be acknowledged - Use the 'Comments' tab or email navdeepsingh.india[at]gmail.com. No operational/business/commercial matters to be discussed please. Legal advice/litigation related issues would strictly NOT be published or discussed or entertained. Information on this blog is opinion based and is neither official nor in the form of an advice. This is a pro bono online journal in public service related to issues, policies and benefits, and the idea behind it is to educate and not to create controversy or to incite. Be soft in your language, respect Copyrights.

Tuesday, March 9, 2010

Rank Pay is a part of basic pay : SC upholds verdict in Dhanapalan case

As many would be aware, after the 4th CPC, an integrated pay scale of Rs 2300-5100 was implemented for officers from the rank of 2/Lt to Brig. In addition, rank pay was authorised to officers from the rank of Capt to Brig ranging from Rs 200 to 1200 which was to be added into the basic pay for all intents and purposes.

However, while fixing the pay in the new scales, an amount equal to the rank pay was deducted from the emoluments resulting in financial loss to all affected officers. Hence all officers holding the rank of Capt to Brig as on 01-01-1986 suffered cumulative losses.

The Hon’ble Kerala High Court in a case filed by Maj AK Dhanapalan had termed illegal this deduction of rank pay. The SLP filed by the Union of India was also dismissed, albeit not on merits but on technical grounds of limitation. Soon thereafter, many similar petitions were filed in various Hon’ble High Courts all over the country which were clubbed together and transferred to the Hon’ble Supreme Court to be heard alongwith an SLP of similar nature which had arisen out of a case that was allowed on the basis of Dhanapalan judgement.

The Hon’ble Supreme Court has yesterday (08 March 2010) upheld the said verdict and granted relief to all similarly placed officers alongwith an interest of 6%. I shall officially confirm the judgement with all details once I get the copy.

89 comments:

rajaraman said...

That is a great news. I am sure the govt will try to appeal against it though it is likely to be be without success.

What are the implications of this judgement? Does that mean, that the govt needs to rework the pay scales, and pay the arrears alongwith the interest?

what are the chances of the govt scuttling it through their known and unknown devious means ?

Col Rajaraman

ANUPAM said...

thats gr8 news for effected lot!!!thanks for info like always sir

Navdeep / Maj Navdeep Singh said...

@Rajaraman

"I am sure the govt will try to appeal.."

Appeal where Sir ? Appeal against what Sir ?

The decision has been rendered by the Hon'ble Supreme Court, the Apex Court of the Republic of India !!!

Anonymous said...

This certainly is a Gr8 news......
Govt certainly will have to adhere to the instrs of rhe Apex coutr, there is no looking back on this Gentelmen.

Anonymous said...

This is gr8 news. We were equated to one rank lower when we wen't on deputation to orgs like DRDO. Lt Cols should now rightfully be placed with grade pay of 8700.It was a simple case but it took the SC to decide it

Penmil said...

Dear Major Navdeep,
Thanks for one of the most exciting posts of the year.
It is a great news ! A land mark verdict by the Honourable SC of India. Congrats to all those who strived
for it, without giving up, over these 20 plus years.
At last, the stand of all those officers of 1986 and earlier vintages has been redeemed.
Now there may be annexures to fill in and furnish copies of statements of pay of the years 1986-88 and so on!
Will the process of reinstating the lost pay and honour, automatic?
Waiting eagerly for more news on this.
Regards.

Anonymous said...

Does this judgement result in automatic grant of relief to all the affected officers? Or only those officers who filed the writ petition stand to benefit from this verdict? Is there anything that those who didn't challenge the Govt do now to get the same relief? Or is it a time-barred case for such affected officers? Can Maj Navdeep throw some light on these issues please?

sheks said...

Dear Maj Navdeep Singh,

You are doing a good service by bringing many such issues to the notice of all the servicemen/ex servicemen. This helps us to discuss with our old collogues/Jawans /JCOs when we meet them in MH or some other places, since they have no axis to internet.

We are awaiting for more details on this case.

Col(Retd) CR Jayawant

Anonymous said...

Much more importantly, what implication does this have for officers from Captain to Brigadier, vis a vis Grade Pay fixation under the VI CPC? It is now a given fact (dont know why it took the SC to say so, it should have been apparent), that Lt Cols were in fact in the scale of 15100-450-18700 in V CPC, then shouldnt all grade pays be revised accordingly?

Raj Kumar Singh said...

Dear Navdeep,

Will the judgement apply automatically to all or will it be limited to those who went to the court? Can you please clarify.

Lt Col RK Singh

Anonymous said...

The last time, the government took the position that benefits must accrue only to Maj Dhanapalan. Will they now say that they will accrue only to all those officers whose pleas were clubbed with the appeal?

What is the legal position on this?

Further, can those who have not asked for relief in the past, do so now?

Anonymous said...

This post is exciting on the face of it. But from the posts nobody knows what it means!!! Interesting situation buddies

Anonymous said...

Maj navdeep,

Please clarify as to what effect will it have on officers commissioned after 01 january 1986. Does it not mean that all fixation of pay for all officers wef 4th cpc needs to be done afresh?

what will so caled high powered committee formed after 6cpc for looking into status of armed forces vis a vis civilian officers do now?

Will pay fixation for all offrs of armed forces incl grade pay not undergo an upward change automatically?

emdee said...

It is indeed a very heartening news. The MoD may try to delay it , but it will eventually have to pay the affected persons. We await the details and clarifications of all doubts regarding the effect on further pay commission awards etc. Thanks for the good news Maj Navdeep.
Gp Capt Mohan Deshmukh (Retd)

Yes said...

Navdeep
Now all officers who were affected by 4 CPC will they be paid arrears automatically by CDAO? Or again one has to file a case.
Thanks for good news and justice should always prevail.

Anonymous said...

I envisages the cascading affect of this judgement on both fifth and sixth pay commission injustice meted out to the officers from Capt to Brig rank:

(a) Since the rank pay is part of basic pay, it should have gone 3.2 times in Vth pay commission instead of doubling like allowances.

(b)The sixth pay commission has ignored rank pay while deciding the pay band. Now there is a need for VI pay commission to fix the pay band of all officers (Capt to Brig) after adding 3.2 times of rank pay of Vth pay commission in the basic.

Let's see what happans.

Lt Col had after lot of deliberations had been given 8000 GP. Infact if justice is to be done, even a major should be getting GP of 8700 in pb4 now.

What do u say Maj Navdeep?

liladhar said...

Thanks for the good news.It has far reaching consequences including effects on pensions of the officers

LT.COL.(RETD) K.B.MATHUR said...

No body knows how much time will be taken for these orders to be implemented .Let us hope that all the affected officers get the benefit in their lifetime .

just said...

Looks like there is some good news at last but I seriously doubt the babus will so easily lay down their arms. The babus will now most probably try to interpret the ruling in a different way or try all possible means to delay the implementation till the topic dies down again.

Anonymous said...

Dear Everyone affected
I am at Pune. Shall go to CDA with the copy of the judgement (Pls post it online as soon as it is available)
Lets see what the CDA people say.
Once orders are out, all future calculations will get sorted out automatically.

KJ said...

I don't think CDA(O) will yet in the loop. There is little that the CDA can clarify, till they receive orders from CGDA.

Air Cmdre C (Utterly Clueless) said...

I am also celebrating because everyone seems to be celebrating! But as all others I also do not the reason why? Can someone elaborate with the specifics please...

Harry said...

@ All

Finally... some heartening news indeed! Now the so called High Powered Committee will be able to finally dispense some justice.

Following needs to be done now:-
-Refix pay scales of 5th Pay Commmission after taking into consideration rank pay. After revised pay scales are worked out for each rank then refix new Grade Pay (Post 6th PC) as per reworked 5th PC scales.. New GP may become something like this:-
Capt - 6600
Maj - 7600
Lt Col - 8800 (new GP > 8700)
Col - 9500 (new GP > 8900)
Brig - 10000
Maj Gen - HAG
Lt Gen - HAG +
Army Cdr - 80000 Apex Grade
Chief - 90000 (fixed)

Note:- Earlier DIG was Senior to Lt Col and Junior to Col (even WoP corroborates the same)so his GP of 8900 lies between Lt Col and Col.

Another Landmark Judgement which is being eagerly awaited is inclusion of training period in Service (Case pending with Bombay HC). Inshallaha, when this comes through then it will be double victory for Service brethern. Lets keep our fingers crosed for this one.

OROP is third issue which the Govt will have to concede eventually.

Looks like tide is eventually turning for us.AMEN !

Cheers to all !

Anonymous said...

please stop day dreaming ! nothing is going to happen in this case, the babus will not let the faujis getway with this ruling as it thier equations , so govt will do nothing.
please dont raise the expectations, just go on working and if you dont like it quit!in any case CDA(O) will go mad if it is applicable to all faujis!

Anonymous said...

Annony above,

Why are u playing spoil sport? when Non fin upgradation canbe made applicable to all gp A service offrs of various depts who I am sure would have had all the arrears worked out and released by now, what is the problem in CDA doing it where due? Just because CDA babu does not want to work, will it mean that it should not be given to all offrs?

LT.COL.(RETD) K.B.MATHUR said...

Dear Major Navdeep ,Thank you very much for keeping us informed about such important news which affect all of us .The case had become so old that many of us might have forgotten about it .Many affected officers are no longer with us .I hope that the benefits of this judgement reach all affected officers in their lifetime .

Anonymous said...

Will the CDA babus even make a half hearted attempt when they are not getting anything out of this?

ysr nath said...

Dear Collegues,

It is good to hear this news and Kudos to Supreme Court for accepting the Facts and I am sure Print Media would also bring out this news in the news papers so that bulk of our comrades get to know and atleast feel happy till Govt takes action on implementation. It's feel good factor and hoping this pay anomoly will be corrected in the near future.

COL (Retd) Y S R Nath

cavmurthy said...

After reading the full text of the judgement, I have started wondering if the judgement is applicable to all affected officers or only for those who had filed the case. Almost all of us have been celebrating as if it is applicable to all affected officers. Could this be clarified?
Wg.Cdr.(retd) CAV Murthy.

Eskay said...

This is not only a gr8 news but shows how the Babus have been openly misinterpreting & fooling
the Armed Forces.They must be punished for such injustices.
Moving forward,this historic judgement will have cascading effects on refixation of Basic Pay
for all ESM with retrospective effect post Fifth & Sixth PCs.

Anonymous said...

http://www.tribuneindia.com/2010/20100310/nation.htm#9

.." Legal experts are of the opinion that this would require re-fixation of pay based on the Fourth and in some cases Fifth Pay Commission. Though the calculation of the exact amount of arrears could be a time consuming and tedious exercise, some officers estimate that they could amount from several thousand rupees to a few lakh rupees, depending upon the rank and length of reckonable service of an individual... "..

AS said...

"No body knows how much time will be taken"
The CGDA should outsource the task of calculating & disbursement of dues to each offr in a timebound manner to some reputed consultancy firm.Part of expdr incurred on this could even be charged to affected offrs(e.g say 1-2% of total arrears given)since the Hon'able SC has NOT given a time deadline for MOD to implement its judgement,the wicked Baboos willdelay for yrs citing administrative problems.Therefore outsourcing may be the best option

Rusty said...

A lot of officers have retired or expired since then. Does the CDA / PCDA have the records and wherewithal to do the needful?

KJ said...

Dear Friends, I think we all owe something to Maj Dhanapalan for showing the 'Never say Die' spirit in consistently pursuing the fight against bureaucratic injustice for so many years. I think very officer who gets arrears on this account should send a cheque of, say, Rs 2000/-, to this officer as mark of appreciation. This may be just about 2 to 5 percent of what each one may get. I think we can all make him rich and give him the recognition due as a warrior. kj

Anonymous said...

There hasbeen lot of doubts raised by the officers about applicability, time requare to do calculation to refixthe pay, and effect on grade pay etc ,Please read the judgement carefuuly it is very clear that all similarly placed effected officers like Maj Dhanpalan will be benifited. Suprim Court has not left any room for the Govt to escape but to imliment or face the contempt of court . As regard the time requare to calculate the arriers it will not take much time by making suitable programme it wiil invole re fixing of pay from 4th pay commission onward by adding the rank pay in the basic and again refixing the basic pay for 5th pay commission and 6th pay commission, and calcution of interest on the arriers @ of 5% per annum.There will be change in basic pay as well as DA there on, However grade pay introduced in the 6th pay commission will not get effected.

IndianACE said...

Well said KJ @ March 12 9.14 AM

And more- let us have a Dhanapalan colony at each military station and felicitate the offr.

It is not the money which some of us will stand to make. It is the recognition of effort this man took. and I'm sure in face of ridicule and derision by many of his colleagues.

We all remember the immediate aftermath of the 6CPC where any discussion was scoffed at by the select lot.

Well done Sir. We owe you.

Anonymous said...

thanks. hope we get it ! Govt Machinery will put roadblocks

Anonymous said...

This judgment will effect each and every service officer since pay scales of Capt to Brig will stand to get revised from 4th CPC onwards however it needs to be seen if Govt allows it or not for all other officers who were not holding the ranks of Capt to Brig as on 1.1.1986 but subsequently got promoted to Capt and above since judgment is applicable to similarly placed officers as on 1.1.1986.Can Maj Navdeep kindly clarify?

Anonymous said...

Slightly of track but relevant in view of Courts favoring logical arguments of defence officers in recent judgments one of Rank pay and another one for lady offices being granted pc.
Can some one or Maj Navdeep give some advice if the issue of differential retirement age for Col Select 57 and Col Ts 54 can be justified in court of law since there is no such rank as Col TS or Col Select, 6th CPC gives same pay scale and pay band to both.Why Col TS are being denied to serve till 57 since they dont get promoted due to service requirement to maintain so called pyramid structure although majority of them are fit for promotion and have above average ARs.Can this discrimination be contested in Armed Forcs Tribunal or High court?Pl advice

My thoughts, Simply said...

Dear Major (retd) Navdeep,

You would do us all (and your blog) a GREAT favour if you could clarify the tenure of the payments - does it extend from 4th through 5th and into 6th Pay Commission? Does it cease when the 5th Pay Commission's recommendations were accepted?
Thanks

Col Mohan said...

From the text of the judgment, it is seen that no mention is made on the applicability to all similarly placed officers. This needs to be clarified.

KJ said...

I think the case filed by Maj Dhanapalan is a class suit, and therefore the benefits will accrue to all affected officers.

rajkumar said...

is there any effect of this judgement on parity equation army v/s civilian officers

LT.COL.(RETD) K.B.MATHUR said...

Dear Major Navdeep ,Is the judgement given by the Supreme Court regarding rank pay applicable to officers who were in service as on 01 Jan 1986 and retired after 01 Jan 1996 ?

Anonymous said...

According to The Economic Times, the judgement applies to only those who were commissioned or got retired between 1986 and 1996. Here's the link
http://economictimes.indiatimes.com/articleshow/5691189.cms

AKSA said...

Hi,
The URL given in the comment regarding the news item on the issue in The Economic Times is incomplete. Visitors to the Blog may consider cutting and pasting the following URL in the browser window for accessing the article
http://economictimes.indiatimes.com/articleshow/5691189.cms
Regards,
AKSA

Lt Col G K Mohan Rao said...

The url given by AKSA dt 18/3/10 is inaccssable, if reproduced in this blog it will be informative to all.

Harry said...

@ Lt Col Rao and others interested

Pls see the relevant news item here

http://economictimes.indiatimes.com/news/news-by-industry/et-cetera/Pension-bonanza-for-ex-servicemen-after-Supreme-Court-ruling/articleshow/5691189.cms

AKSA said...

I'd tried to correct the URL given in the comment preceding my last comment. Somehow, the URL keyed in by me was also published in a truncated form. But the URL provided by Harry should do the trick.

Anonymous said...

Assuming that the judgment is made applicable to all the affected officers, how much is an officer entitled to ,as arrears?
Well, it depends on two factors: the rank held as on 01.01.1986 and the no. of years the offr was in service between 1.1.86 and 1.1.96.
I have worked out the simplest case of an officer who was holding the rank of Major as on 1.1.86 and remained as Maj/Lt Col (TS) as on 1.1.96
The arrears payable to such officer is Rs 600/- pm from 1.1.86 to 31.12 95 + simple interest at 6%.
The amount of arrears works out to
not less than Rs 2,14,000/-, if paid in Jan 2010.This might give an idea as to how much others would be entitled.

AKSA said...

The calculation, in the comment by 'anonymous', of arrears @ Rs. 600/- pm, with 6% interest would, of course, need to be validated with the actual shortfall of payments over the entire period. The actual difference may not amount to Rs. 600/-pm as the basic was fixed at "the next higher slab" by IV CPC. But, the shortfall would not end as on 31 Dec 1995. What about the salary fixation by V CPC which was based on the salary fixed by IV CPC?

RANVIR said...

With reference to comments No 50 and 51, I feel that we may also take into consideration the effect of these changes on the dearness pay, and thus add the likely accruing amount. And applicable DA during this complete period????

Ramaa said...

Anonymous,
How did you arrive at the figure of Rs600/- for major, i think it way too high. Please explain

Anonymous said...

While arriving at the fig of Rs 214000, I have taken into account Rs 600/- as the Rank pay, which was deducted from the basic pay from 1.1.1986 to 31.12.1995. I have also considered the DA at the existing rates, between 1.1.86 and 31.12.95.Based on the arrear amount, I have added 6% simple interest on varying amounts, from 1.1.86 to 31.12.2009.
I now feel that the arrears may not exactly be equal to Rs 600 p.m, because the basic pay was fixed in the integrated pay scale of Rs 2300-100-3900-150-5100 at the "next higher slab" after deducting Rs 600/-, (the rank pay) from the basic pay worked out as per IV Pay commission formula.

Anonymous said...

"The judgment will not apply to officers who were commissioned or retired post-1996 as they are covered under the Fifth and Sixth Pay Commissions."

What happens in the case of an officer commissioned in 1979 and retired in 2007. Will he be able to get any benefit at all? In this case they are covered under 4th,5th and 6th pay commissions

Savurspeak said...

Dear Maj Navdeep - appeal since you are supreme on this blog

Could you ask some finance expert (even a former CDA person) to give everyone of your readers what exactly might be the basis of calculations?

thanks

AKSA said...

"...What happens in the case of an officer commissioned in 1979 and retired in 2007....."

That part of the comment by 'Anonymous' has important implications. First of all, this business of the verdict not being applicable to pre 86 and post96 Officers was printed only by The Economic Times and reproduced elsewhere. Perhaps ET should be approached for a clarification. The news item quoted from The Tribune suggests even the pay-scales sanctioned by V CPC may have to be revised based on this judgement. Clarity will emerge when MOD issues the appropriate orders to comply with the order of the Hon'ble Supreme Court. Those in touch with MOD could try and update others.

Anonymous said...

If one remembers correctly, eventhough Maj Gens and equivalent retd offrs won the case for increased pension after a decade long legal battle, MOD took its own time to implement the judgment, forcing the appellants to file contempt of court proceedings in the SC. Going by past experience, I wouldn't be surprised, if the following happens:
Govt may remain mum after implementing the judgment to cover only the writ petitioners and deny the others the benifit, on some flimsy technical grounds. Notwithstanding the fact that Maj Navdeep has clarified earlier that one of the writ petitions has sought relief to similarly placed officers and the same has been allowed by the SC. If MOD goes by the letter and spirit of the judgment, the pay of all offrs who were in service as on 1.1.86 would be refixed. It is immaterial when such officers retired; they would be entitled to receive the difference in pay from 1.1.86 to 31.12.1995 or the date on which they retired before 31.12.2005.
Fixation of pay by the subsequent Pay commissions are not issues covered in these writ petition. Perhaps, tt may require another officer like Maj Dhanapalan to scrutinize the impact of this judgment on the pay fixation consequent to 5th and 6th pay commission awards. MOD for sure, will not do it on its own. Rather, it will fight any such attempt tooth and nail, if past experience is any indicator.

AKSA said...

@Anonymous:
"Rather, it will fight any such attempt tooth and nail, if past experience is any indicator."

Absolutely!
Some worthies in the upper echelons of the defence hierarchy have publicly stated as much in the past. And the wording of the order of the Hon'ble Supreme Court may give more room for the mandarins to play around with the issue. From what I recall, the order speaks of the requirement to pay "rank pay" and not about refixing the IV CPC pay scales that were reduced by an amount equivalent to the rank pay. One way for some lobbies to dodge the whole matter would be to take the position that rank pay was paid and hence nothing further need be done.

Anonymous said...

maj navdeep,

well, it is quite hilarious to read the likely interpretations on behalf of MOD by some above.

Specially the last one by AKSA that nothing may be done as rank pay was paid.

Well, the case is that rank pay was not incl in the basic while fixing pay by 4, 5 and 6 cpc which is grossly incorrect and which has led to wrong fixation of pay andallces for all def service officers. The issue that rank pay is part of basic has been upheld by hon'nle sc.

Anonymous said...

"....well, it is quite hilarious to read...."

Now that should bring a wry smile to everyone's faces!
Considering that it's the powers that be that have been having a merry laugh at the expense of the Officer cadre all these years by interpreting pay commission recommendations and court judgements as per their own convenience. Inspite of a court judgement in favour of Major Dhanapalan, all affected Officers have largely been forced to accept whatever the Government decided, except the brave-hearts who went to court, of course, and here is mirth being expressed at others opinions.
Cheers!
It would have been constructive to receive some useful input by way of genuine interpretations of what the court order would translate into for affected Officers in place of citing what the case is, which, I think everyone knows by now.

colonelvenky said...

This is great news.MOD have no base to fight the judgement, but may be lethargic in implementation.
Minimum assured is the amount of rank pay multiplied by months in that rank between 1986 and 1996, plus 6% interest.
And it should have its cascading effect on the pay fixation in 1996 and 2006 and consequently on the pension.
It would be good idea to confirm to CDA (O) that one is still having the bank account which was given to CDA(O) for payment of benefits when one retired, or intimate the bank account to them, if it is not held any more.
Revised Pension means revised LPC by CDA(O)to PCDA(P) Allahabad.
Well, wait for two years, at least to see money in your bank!
Colonel R venkatesan(Retd)

AKSA said...

@colonelvenky:
"It would be good idea to confirm to CDA (O)....."

CDA(O) are sure to have the updated records, or, perhaps, cheques would be issued to the Officers eligible to receive arrears once the details are sorted out.
But the primary concern is to see whether the decision of the Hon'ble Supreme Court results in the issue of a Govt. Of India (MOD) letter listing out the modalities of working out and payment of the arrears.
Those with superior legal acumen could also consider enlightening others whether a representation by the Govt for a review of the decision to a higher Bench of the Hon'ble Supreme Court could be a possibility.

Anonymous said...

CDA is planning to pay some fixed amount initially and in the meantime work out the total arrears which will be paid later.
Learnt from unconfirmed sources.

AKSA said...

@Anonymous:
...."unconfirmed sources....."

Those are called rumour mills in some circles :-)
It's basic, for CDA to do anything, there would have to be some sort of a GOI(MOD) letter on the matter, followed by a CDA notification.
Now those in the Services HQs, dealing directly with MOD on the matter, may have some genuine inputs for all those affected.

Harry said...

@ All

The latest is AG's Br (PS dte) has forwarded a letter on the subject to MoD alongwith their reccomendations. Now MoD will take their sweet time to consider the same and issue executive instructions.

Anonymous said...

I am not for rumors,but heard that CDA is not waiting for Govt orders.The Supreme court has already given the ruling and not obeying that will amount to contempt of court;not to mention the interest which is piling up as each day passes.

AKSA said...

@Harry
....Now MoD will take their sweet time to consider the same and issue executive instructions....

Like they did while implementing the Phase-I recommendations of the AV Singh Committee? :-)
But this time, as Anonymous rightly points out in the previous comment, the fear of running afoul of the contempt provisions may hasten the process along a bit.

Anonymous said...

at least we can hope for the best. Think positive.

Anonymous said...

Dear Maj Navdeep,

I have been following your blogs for quite sometime now and I dare say you are doing a bloody Good job for your brother officers and the fraternity of soldiers !

It is apparent that you are the "DEEP" in all matters legal ! The blogs of all participants are interesting, but could you please throw some authentic legal backed LIGHT on what is the likely outcome of the Pains that Maj Dhanapalan has taken and by when ? Considering that the Supreme Court has also ruled that 6% Interest be paid to all !!! Which itself will keep mounting as the days go by !!

Finally could I also get your Mobile Number and address, so that I could get in touch with you in person when I am in Chandigarh next !!

Best Wishes

Kiranmandhir

Through my hat said...

Dear Major (retd) Navdeep,

I had written that I received an email from Gp Capt (retd) C.B. Menon quoting a retired Brigadier member of the RDOA that the UoI has filed an appeal in the Supreme Court.

Is this a rumour or "straws in the wind" by some bureaucrat?

Your wise comments would let us know the correct status

AKSA said...

@Through my hat: Sir, I saw a Blog post on the matter. Here's the URL http://iesmorg.blogspot.com/2010/04/rank-pay-case-government-goes-back-to.html

Through my hat said...

AKSA

Thanks

Col C R S Reddy (Retd) said...

Dear Maj Nav Deep Singh,

Supreme court judgement of 8th March is certainly a great news for all those affected officers. As lot of friends have expressed their doubts the MOD may on some pretext or the other delay in pursuing the case,resulting the case may not see light of the day and mean while lot of oldies may not see the money credited to their accounts as they may die day dreaming.

Alok Asthana said...

What saddens greatly is that the govt is looking at ways of how not to pay entitlements okayed by SC, rather than how to pay even if not okayed. I am going to write letters to editor and do all else I can to publicize this shocking attitude.
Col ( retd ) Alok Asthana

AKSA said...

Though there have been a number of Blog posts about the Government decision to appeal against the SC judgement, there is nil coverage of this development in the news media. I wonder if any of the veterans have some light to shed on the factual status of Government action regarding the matter.

Anurodh said...

anyone can provide a copy of the sc judgement pl

sanj said...

What is the latest status on this issue. Heard that the Govt has filed an SLP againt this order by the SC. Please throw light on this issue.

AKSA said...

Please have a look at http://sunlit8c.blogspot.com/2010/08/rank-pay-matter-relating-to-iv-cpc.html

kbbagchi said...

Sir,
Despite a landmark verdict by the Hon'ble Supreme Court of India,no action has been taten till date to pay the areears.It appears that the Govt of India can commit contempt of court with impunity.I do not know whether the Govt has appealed for a revision of the order and the latest development on the subject.i will be greatful to you if you kindly enlighten us on the subject.
yours sincerely,
Wing commander K.B.Bagchi, V.M.

corona8 said...

@kbbagchi:Do consider going through all the updates through this link.

Alok Asthana said...

The judgments quoted in this blog are of 2010. I believe there has been some legal activity in 2011 too. If someone is aware of that factual data, kindly share.
Thanks
Col A Asthana ( retd )

sunlit said...

@Alok Asthana:"...judgments quoted in this blog are of 2010...";That's understandable, isn't it, considering the Blog post was made in 2010. Besides, I see @corona8 has provided a link to the RDOA site where you can get the updates on the matter. I think you may find this direct link to updates useful.

Anonymous said...

There appears to be a case where the Govt has gone back to court. The case was to be heard in Noe 2011. Any news of the progress. Govt will fight the case toot and nail. Threy can flounder millions in scams but not pay valid allowance to their defenders. what a shame.
Mike agarwal

Dhoop said...

@Anonymous: "There appears to be a case..."
LOL.
Rip Van Winkle wouldn't have felt so alone.
For thosestill in need of updating themselves as to what transpired over the past couple of years, they could consider referring to blog post

pdgupta said...

benefits of the supreme court decision of march 2010 about rank pay being part of basic pay has still not been paid by the govt. May you please let us know what is the hurdle, or if the issue has been killed forever

sunlit said...

@pdgupta: For the latest updates please click on this link http://goo.gl/ckFuy

Dr.Meera said...

How would the payment of arrears be made for retired personnel not drawing pension (i.e ShortService Commission officers).
I was a SSC commissioned Dr. in the IAF in service from 01.01.87 to 01.01.97
Whom does one contact for information on this issue.

sunlit said...

@Dr. Meera:The judgement has not as yet appeared on the web-site of the Hon'ble Supreme Court. MOD have yet to issue any orders for the payment of arrears. So, there's no panic on that score.

CDA would probably process all arrears after they get instructions from MOD. In your case, I think the NE cell at Air HQs or Central Accounts will effect the payment. Perhaps CDA would. But you could definitely consider approaching the address given in the completion of service documents or letters that you had received at the end of the SSC tenure.

Also, your comment has been posted on an old blog post. For the latest, do consider following this link.