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Tuesday, September 4, 2012

Rank Pay forms a part of basic pay, release arrears to affected officers : Supreme Court, today, 04 September 2012


Perhaps historically the most important litigation involving the military has culminated today.

A three judge Bench of the Hon’ble Supreme Court today decided not to interfere with its earlier decision granting the cumulative benefits and arrears of Rank Pay with effect from 01-01-1986 to all affected officers. However, the interest component has been modified and interest @ 6% per annum would now be admissible on the arrears from 01-01-2006 rather than 01-01-1986.

All payments have been directed to be made within a period of 12 weeks from today and the benefits shall be released to all officers irrespective of whether they had approached a judicial forum or not.

As many would be aware, after the 4th Central Pay Commission (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 the judgement in Dhanapalan’s case.

The Hon’ble Supreme Court on 08 March 2010 upheld the said verdict and granted relief to all similarly placed officers alongwith an interest of 6%.

Things were however not to end there since the Govt constituted a committee to look into the amount involved and went back to the Hon’ble Supreme Court by filing an application for recall of the order dated 08 March 2010 on the grounds of burdening of the exchequer and also stating therein that many more issues on the subject were not taken into consideration by the Court and hence the order needed to be recalled.

The case thereafter remained pending before the Hon’ble Supreme Court and was finally argued today when the Hon’ble Court, after hearing marathon arguments of the Solicitor General appearing for the govt, decided that there was no infirmity in the order passed on 08 March 2010. As informed above, only the modification in the grant of the interest component was effectuated.

The case was not without surprising developments which can now be shared since the issue no longer remains sub judice.

First was the total incorrect and skewed presentation of the status and pay of military officers vis-à-vis officers of the civil services projected in the affidavit appended with the recall application filed by the Union of India. The speciousness thereof has already been discussed by me on the blog in November 2011 and all those falsities were exposed in the affidavit filed on behalf of the affected officers before the Hon’ble Court.

Secondly, which can be disclosed now, is that when it was being projected by the Govt that the Services HQ were also in favour of getting the verdict recalled / reversed, the three services on the basis of a decision taken at the apex level, clearly, officially and categorically informed the Solicitor General in writing that the Armed Forces were not in favour of the matter being contested against the affected officers and in fact were in favour of getting the verdict of the SC dated 08 March 2010 implemented. Thereafter, the Ministry of Defence wrote to the Services HQ asking them to withdraw the communication to the Solicitor General, however to the credit of the Services, the said communication was ultimately not withdrawn. Besides showing utter disregard for the opinion of the services in this matter, this incident also shows as to how the MoD tries to browbeat the services into accepting its views. Needless to state, in litigation, one party to a particular litigation can never direct another to take a particular stand. However this has been continuing unabated in the MoD wherein they force the Services to reflect the stand of the MoD before Courts and not project their (services’) independent views as is permissible under law. And unfortunately, it’s also seen that elements of the JAG Branch usually toe the line of the MoD rather than the Services.

The biggest ‘Thank You’ for this win goes to Retired Defence Officers’ Association (RDOA) who had been unflinchingly following up the matter with great zeal in a very objective and balanced manner.

Jai Hind. 

125 comments:

Nandu Chitnis said...

I retired in the Rank of Commander on 31 May 1998.

Are any arrears payable to me also? Or is it for those who retired before VI CPC?

Kindly reply

nanduchitnis@gmail.com

Harry said...
This comment has been removed by the author.
Harry said...

Maj Navdeep,

Dear Sir,

A wonderful piece of news which was being awaited with bated breath for a long long time now by tens of thousands of Servicemembers/ Veterans, thanks to the untiring efforts of RDOA esp Cols BK Sharma and Satwant Singh and their team. Everyone needs to be grateful to these gentlemen who fought UoI's canard of lies in the highest Court of the land for years and years without letting their spirits sag by the persistent inimical machinations of MoD and its lawyers in the Court trying all tricks in the book to scuttle the issue. Kudos to RDOA!

IMHO, having been armed with the right decision from the highest Court, now Services HQ need to be more forceful and less apologetic towards MoD in getting our Pay, Rank, Status issues resolved by the Govt. The irrational and illogical stance of the Govt stands totally exposed. Now is the right time to ask the Govt to refix our pay and status in view of this judgement and no undersecretary needs to be convinced to push the file up in MoD.

Services HQ : Pls get cracking !

Sainathan said...

This is great news!
Kudos to the judiciary, which can only save the nation and guarantee the rule of law!
The verdict definitely goes a long way, in reaffirming the strength and independence of judiciary!
Thank you Maj Navdeep, for breaking this news.
And hats off to RDSA for the amazing strength, stamina and commitment extending over several years, to fight, what I would would have no hezitation in calling, the EVIL.

sunlit said...

Wonderful! Great work by RDOA. Thanks to Maj Navdeep for keeping everyone abreast.

V Natarajan said...

Dear RDOA/ Rank Pay Petitioners,

FULL APPRECIATION AND CREDIT FOR THE TENACIOUS BATTLE YOU HAVE WAGED AND WON! CONGRATS. RETD MAJOR DHANAPALAN,HAD PIONEERED THIS ENTITLEMENT AND HENCE HIS ROLE IS EXCEPTIONAL!.

JUSTICE HAS PREVAILED. MY CONGRATS ON BEHALF OF SEVERAL CIVIL/MILITARY PENSIONERS OF MY GROUPS WHO ARE FIGHTING FOR JUSTICE ON OTHER ISSUES.

VNATARAJAN, PRESIDENT, PENSIONERS' FORUM (AFFLTD TO AIFPA REGD CHENNAI), SR VP, CGS29PA (REGD) DELHI, & ASSOC MEMBER, RREWA (REGD) GURGAON.

Anonymous said...

How simple we faujis are, including me. I don't know about others, but I have the broadest smile, going around my home. Am I gonna get anything materially? Probably not, possibly nay and I don't even know if I fall under the various categories buried under layers of legalese. But, I don't care.... coz, I have a smile. Why ? I have a smile, because my belief is restored. Maybe not permanently... nah, I am not that optimistic, but at least for a fleeting moment I know that a few among us can fight for a lot of us, who don't have an avenue to fight nor have the wherewithal nor are we so idealistic. BUT, there is some of us out there, who might take up the cudgels for me, even if i can't or i don't or I may not. A couple of days back I had a rather harsh commentary on our internal state of affairs and quite a few of you acknowledged and shared my view point. How happy I am today to sit a wee bit straighter on my chair, point this blog to my wife (who gave me a blanker look than my own) and send sms messages to friends with a link to this piece. Do I personally get anything outta this judgement. I don't think so, but honestly I don't care.... coz, my belief is restored, and as most like me, who will still follow orders and do the so-called "right" thing, I know, therez a few among us out there, who will do their utmost to get me my due, even when I don't even know what is due to me. My belief is restored, coz I know that therez someone out there and those are my own! My belief is restored and it takes a lot to do that!

bidyut chatterjee said...

Thanks to all those who patiently fought their way through all these years. Now i just hope it gets implemented in the three months that tha SC has ordained.

gentle said...

Thank you dear Navdeep for the breaking news which was awaited most anxiously by the entire veteran community. But I am not certain how the GOvt is going to react to this by filing another revision petition or this is the end of litigation?
Any way what a sigh of relief !!

Yogi said...

Congratulations to all doers and thumbs down to all losers! Navdeep you are a star! Onwards Ho!

Anonymous said...

Maj Navdeep,

I became substantive capt on 14 Dec 1990. But was acting Capt from July 1988 to 14 Dec 1990 also. Then i became Acting Maj on 10 July 1994 and stayed as Maj there after till i became substantive Maj in Dec 1996. Do i fit into this judgement? If yes then will this Rank pay will apply to ACTING RANK also. I will be grateful if you can clarify. Thanks.

Anonymous said...

Major Navdeep

Thanks for the good news. Hope the concerned depts calculating arrearrs dont take that long as the judgement and promptly do the needful as directed by SC in 12 weeks.
FurtherH expect CoS report also comes thru favourably soon. Looking forward for latest breaking news.

Thanks again.
Gurdeep Singh Gp Capt (Retd )

ex/sgt biswajit de fm kolkata said...

Navdeep Sir Great news at last the truth prevails, My kudos to team of RDSO who have so doggedly pursued the case in Supreme Court for such a long time and won. A big thanks once again

Anonymous said...

now! will there be re fixation of pay for all af personnel?

please ignore if my question is found to be stupid.

corona8 said...

@Nandu Chitnis: If you were in service on or after 01 Jan 86, then this will apply to you.

Congratulations, every one.

-- said...

@corona8, any idea where to download the order?

Air Mshl (retd) S Y Savur

Raghubir said...

Moot point is how and why one wing of the govt could have done this to another section of the government employees who have been giving even their lives for so little for so many of us?

Had the additional amount come in the eighties perhaps we could have bought somee thing which we could ill afford otherwise.Many of our colleagues would have unfortunately would have emigrated to worlds beyond where arrears with or without interest has no meaning.

Litigating for almost two decades by indomitable Maj Dhanapalan has been unique.

Vivek said...

Who all are the officers affected by this judgement? Is it only offrs who were in service on 1-1-86 or offrs in service later too?
Vivek

sn setia said...

Maj Navdeep,

Thanks for an excellent piece of news. Hope it is not contested any further.

Team RDOA, Great work done and congratulations for this well deserved VICTORY ! I think it is far easier to fight an enemy across the borders than the friendly looking faces from MOD sitting in the South Block !!!


Brig SN Setia (Retd)

SK Prakash said...

Comments on the JAG Branch are in poor taste and actually in violation of the concept of moderation of generalised slants as mentioned in the code of conduct of your site.

Anonymous said...

Cheers. To all the retd offrs who fought the case; and especially their untiring efforts over the yrs. More so to the initial pioneers who started the ball rolling. We owe them a lot.

IndianACE said...

Congratulations.

See the spark had to come from a Major and continued by a couple of other middle ranking officers of RDOA.

You believe any different for the present battles.

As noted by Navdeep, MoD puts immense pressures on higher ranking Mil offrs and some of whom may be found more than willing to bend, for some perceived short term benefit.

What mechanism could be instituted to prevent such a situation from affecting our future fights?

For one, heroes such as Navdeep.

SK Prakash said...

Comments on JAG Branch are in poor taste and violative of the code of conduct prescribed by you (genarlised slant). This was not expected from you.... I am sure you owe an apology for violating the code of conduct that you have yourself laid down....

IndianACE said...

And to ensure that Maj Dhanapalan is not forgotten in a hurry, some roads or MAP colonies ought to be named after him.

This will be a motivation for all service personnel to speak up for their dues. At the same time, the spineless heavy brass during the past 25 yrs would also get a message

Harry said...

@ SK Prakash,

Sir,

Sometimes truth is too bitter to face/hear so I don't blame you but Maj Navdeep has not made any derogatory comments against JAG but has only stated well known facts. If these are disturbing then JAG br needs to introspect.

Anonymous said...

My good wishes and kudos to those valiants who fought relentlessly for the most silent and committed community

Wing Cdr PJP Singh Waraich(Retd) said...

Kudos to RDOA and Maj Navdeep.....Great day to celeberate....Thnx to RDOA and Maj Navdeep for untiring efforts....!!!

K Prakash said...

@SK Prakash

IMO, comments on JAG are not a figment of imagination, and appears to have been moderated well so as to not offend any section of people. If it hurts somewhere it is because the guilty feeling, probably

K Prakash

RAMANA said...

DEAR NAVDEEP
GOD BLESS ALL THOSE CAPTAINS OF RDOA. THANKS TO U .

TO MOVE AHEAD THERE WAS A TABLE IN CIRCULATION GIVING THE BENEFIT THAT WOULD ACCRUE TO VARIOUS OFFICERS.
CAN ANY ONE DIG IT OUT AND CIRCULATE.

ONCE AGAIN THREE CHEERS TO ALL WHO SLOGGED

BLESSINGS RAM

Anonymous said...

@SK Prakash,,,,,,,,,,Comments on JAG branch are absolutely bang on.The JAG branch does not use their heads and their running scared has lead to the officers suffering in many cases..whether it is rank pay or officers wanting to leave the forces or pay fixation.....Instead of being with justice, they on their own subvert it

corona8 said...

@--: Sir, I think the order will be available online, on the website of the Hon'ble Supreme Court, in a day or so. I will put the link here as soon as it's available.

Abe said...

Congratulations and a BIG Thank you RDOA for pursuing the matter. The MEN and WOMEN in uniform can now hold their head high knowing justice always prevails.

Abe said...

A special THANK YOU to Navdeep for his selfless service to educate and keeping every one updated. TUSI GREAT HO.

Anonymous said...

Maj Navdeep,

I am still serving, joined in Jan 1990. Does it apply to us too? Do serving officers get anything out of this?I am happy that the services stood their ground!
What is happening on the DACP for AMC officers front? please inform if you have any info. Thanks

Saurya said...

Nice Sir, but sir what happened to report of committee formed under Cabinet secretary for various anomalies of defense pay structure. The report was to be submitted by 08 Aug 12 and even PM mentioned it in ID speech. Is it lost in maze of bureaucracy as it concerns poor defense personnel. No news about this on this blog, too.

N Singh said...

Congratulations ! Long overdue !

rakesh1 said...

congrats to all men in uniform. we may/may not be benefited, but news of relentless fight finally seeing justice is encouraging. salute to all those who invested their time and effort....... wish the forces many more victories in future too.

Joshi said...

Sir,
First and foremost please accept my hearty congratulations and best wishes to you to for the yeomen service that you are rendering to the service personnel.

You are requested to clarify if this case is applicable to officers who were commissioned before 01 Jan 1986, however not yet attained the substantive/acting rank of Captain as on 01 Jan 1986.

I was commissioned in Aug 85 and was a 2/Lt as on 01 Jan 1986, so are many more officers like me affected with this verdict.

Request clarify this technical doubt as the same is applicable to many more officers like me.

Regards

Vivek Joshi

Mrs Ranjini Prabhakar said...

I wish to thank all the officers who worked relentlessly to see this come through.I have'nt the faintest idea if I qualify for any benefit(My husband Maj A R Prabhakar was boarded out of service in Feb 1976 following a vehicle accident which rendered him a paraplegic) but all the same am very happy for those fortunate ones who deserve it .Congratulations officers great work.

romel said...

sir
an excellent work done, hope all other things will follow in the similar way for the benefit of all men in uniform.
with lot of thanks to all.
romel

Raghavan Kodoth said...

Congrats to RDOA and Major Dhanapalan. How come we, while in service during 1986 - 1990, were unaware of such an anomaly for almost a decade till Major Dhanapalan took it to Courts ? I specifically mean all those who were working out in the Army/Navy/Air ForcePay offices across the Country ? It will be interesting to hear Major Dhanapalan's views if he is listening.

Commander K.P.Raghavan

-- said...

@SK Prakash, with due regards to your (presumed) service with the JAG branch and the remarks made by Maj Navdeep, I was unable to find any derogatory word. Navdeep has stated that some JAG members were inclined to concede MoD's fatwa and there might have been reasons they would have adduced on file(s). In the final analysis, some one took the stand (correct as it now appears) not to deprive deserving officers of the dues sanctioned by the then Govt. It was cases of "Rajiv Gandhi Govt approves; MoD deflects; CDA (O)denies and delays" till 04 Sep 2012.

Air Mshl (retd) S Y Savur PVSM AVSM

faransqi said...

Congratulations RODA and Services HQs for not blinking before MoD first time ray of hope for +vities ... Now the big question again will this lead to NFU soon or again a wait for 26 years till another RODA of the present generation officer forms again and fight the case

Anonymous said...

Read comments on JAG Branch .......Rightly pointed by all.......SK Prakash please do not mind as you are L1 bidder......A1s are confident Lawers fending for themselves some A1's like navdeep do land up at wrong places but quit for right cause.

Bhushan said...

Dear Navdeep,
Thanks for good news.
I stand in attention & salute RDSO.
This news shows how our politicians & bureaucratic behave towards defense services,their attitude will never change as they will never realiase how forces serve the nation.Military service for all able persons should me made compulsory then very rarely there will be Ghotalas in India.
Best wishes to all veterans.
Maj Bhushan Kohli (Retd)

PBOR said...

Congrats officers and a BIG thank to Maj Navdeep. ab Maj navdeep ke liyee thank word chota lagta hai. Hope now officers would concentrate on the issues of THEIR men

Anonymous said...

Good news, Great Fight... and Good judgement. Faith in judiciary is restored.... What would be the arrears then payable to these officers... May be ranks and arrears in tabular format would be appreciated.

Great GUNS Booming... and the GOVT is forced to hear!!!!!

AWESOME!!!!

Anonymous said...

will any `gyani` pl clarify who all wud be eligible to get the arrears? The officers getting rank pay as on 01 jan 1986 or other after that also wud be eligible.

Anonymous said...

Dear MAj Navdeep,
Thanks a Ton for getting us what was fully deserved. My request, could you please let us know roughly how much financial benefits are likely yearwise,

Regards

Avanish Dureha said...

Kudos to you Navdeep and Congratulations to all officers past and present.
Avanish Dureha

Anonymous said...

Would Maj Navdeep help in putting up the SC Order so that we may celebrate with what I heard from some naval friends called "gin signal."

MikeSingh said...

Dear Navdeep and to all the stalwarts of RDOA, I would like to say - THANK YOU GUYS!If it hadn't been for the tremendous efforts put in by you all, this would never have materialised.
Now, does this effect all officers who were in the rank of Capts to Brigs between 1986 to 1996, or 1986 till date of retirement which could be after 1996 (The year of the following pay commission).
Thanks once again!
Cheers!

Anonymous said...

in para five of your report the date 01.01.86 needs to be read as 01.01.96-- That is at the time of fixing new scale as per fifth pay commision?

sk jain said...

Wg Cdr Sk Jain- Tons of thanks/good wishes and regards Major Dhanapalan, RDOA team and Major Navdeepsingh for their untiring and relentess efforts in securing justice and keeping us all updated.

Anonymous said...

Its a great order though after considerable delay. We must congratulate Maj Dhanapalan and all others who have been relentlessly pursuing the case to this successful culmination. Great job done. Keep it up.

Venkatesh said...

While the money is welcome what we need to understand that the fight is not over.There are countless other issues which need to be fought at various levels.
While the services HQ will be doing its own bit, it is the retired who need to set up systems & processes to take up such issues.It would need various types of resources.
It would be in our own interest & the future Generations (the serving & retired) to spend all or part of the money that we would be getting for fighting various causes & even building various infrastructure like Hospitals,Schools etc.
I have already written to MAJOR DHANAPALAN ( though i dont know him personally) to take up such an initiative since he is the hero of the hour & every one would respond to his calls.I for one would donate all the arrears that i would be getting for his call out cause.
With best wishes
Venkatesh

Col NR Kurup said...

The least our govt should do is consider Maj Dhanapalan for award of VSM or AVSM. Further, Offrs who have not contributed for expenses of RDOA, should now contribute at least Rs.1,000/- to meet the expenses and hardship. I request the RDOA to publish the means by which the beneficial offrs can share the burden.

kathuria said...

Congrats to RDOA and Maj Dhanapalan and a BIG THANK U to Maj Navdeep.
I joined AMC on 19 Jan 1984 as substantive Capt. Any idea how much arrears I will get? Anyone pl...
What's the latest news on DACP for AMC officers? Pl update me ...anyone pl...
Thanx
Col S R Kathuria
Pathologist

sunlit said...

Now, to the basics.

In the extremely spontaneous, exuberant and volatile discussions on the chatroll, it is difficult to establish any points or facts for further discussion.

These issues were raised on blogs and the chatroll sometime back but when I tried to check a little later, these were lost in the din. These may be relevant for future discussions, so I'm summarising on behalf of the original posters as follows:

(a) By what amount was the basic salary for a Major reduced wef 01 Jan 86? Was it 600/- or a lower amount?

(b) The arrear will be 600/- pm from 01 Jan 86 to 31 Dec 95, with DA added, or would it be some figure lower than 600/-?

(c) What will be the impact on the pay fixation wef 01 Jan 96 ie post V cpc?

(d) What is the next step? Who will issue the MOD letter?

(e) Who will work out the arrears of pay? CDA Pune for Army and Navy and AFCAO for IAF?

(f) Who will work out the arrears of pension? Will a corrigendum to PPO be issued?

Anonymous said...

Like suggested earlier, the onlookers who have had no part to play in the battle but would reap the benefits should at least contribute something to Maj Dhanapalan and RDOA for expenses incurred.

In the military, these onlookers are thrice the number of those who work.98 percent of the guys who are going to reap benefits are blissfully unaware of what rank pay is......All they did was take pension,have rum and sleep.....wake up guys wake up!!!!

Brig VP Singh said...

For Nandu Chitnis and many others,
I am no fin wizard, but I am sure we will all get what ever is our due wait, smile, if my age-60 drink 60 ml whisky, eat just a bit less and get good sleep. My rough guesstimate is Brig should get 7-10 lacs,Cols 5-7,Lt Col 4-5, Maj 3-4,Capt 2-4, Lts 1-2. Pl have another 60 ml if I am wrong.Cheers

Brig VP Singh said...

For Nandu Chitnis and many others,
I am no fin wizard, but I am sure we will all get what ever is our due wait, smile, if my age-60 drink 60 ml whisky, eat just a bit less and get good sleep. My rough guesstimate is Brig should get 7-10 lacs,Cols 5-7,Lt Col 4-5, Maj 3-4,Capt 2-4, Lts 1-2. Pl have another 60 ml if I am wrong.Cheers

Anonymous said...

Regardless of the beneficiaries , I salute the yeoman service provided by all who took up this cause and fought tooth and nail with the Babus, who claim to be our well-wishers and act like a wolf in sheeps clothing. These Babus should be sent to Siachen/Kargil and to other war zones to really understand where we come from and to realize the sacrifices made by all of us whilst in uniform. When it comes to them, it is another set of rules. They fail to understand consistently that we are only demanding our pound of flesh and not gratis. Jai Hind.

Anonymous said...

Let me clarfy for once: All officers in service on 01/01/1986 Whether they were Capt on this day or not are affected. Between 01/01/86 to 31/12/1995...All officers who served during this period in full or part in various ranks(Capt to BRIG) will get the arrears as per rank pay in vogue and as per the duration with in this period. Foe example a chap might have been commissione in 1985 but he became cAPT in the year 1990..and hence he will get arrears from date of his promotion to Capt till Dec 1995...so on and so forth. Hope this clears the doubt

Bramesh said...

I agree with Col Karup. I wish to contribute (although i am not a beneficiary) to RDOA but do not know where to send it. Can anyone help me?--Gp Capt(Retd)B Ramesh

Anonymous said...

Dear Sirs,

Hats off to RDOA and our veteran stalwarts. No words are enough to express the magnitude of your work.

What I wish to point out is that a lot of retired and serving officers would reap the benefits of your labour without even being aware of those who have toiled for years towards the common cause.

May I therefore request that a list of such organisations and individuals be compiled and made public so that we know who the real heroes are and how they each contributed.

A lot of us would also like to contribute part of our windfall to the RDOA and others who have fought on our behalf.

Anonymous said...

RDOA page below...

http://rdoaindia.blogspot.in/

STOCK-INDIA-WIZARD said...

It was indeed a great effort by Major Dhanpalan, RDOA, Cols BK Sharma, Satwant singh and others. I am extremely grateful these warriors. Would like to contribute towards the expenses as well as RDOA fund if any.

Hedges

Col Pradip Dax said...

One Rank One Pension: No end to ex-servicemen's agony
IBN Live Aug 10, 2012
New Delhi: The Prime Minister-appointed pay panel is unlikely to accept the ex-servicemen's demand of One Rank One Pension (OROP).
EVERY BODY SHOULD NOW GET READY FOR MOTHER OF ALL BATTLES "OROP" - pradipdax@gmail.com

-- said...

The address for contributors is:

COL BK SHARMA, G 203, GREEN VALLEY APPTS
PLOT NO 18, SECTOR 22, DWARKA NEW DELHI 110077
as per RDOA blog

Air Mshl (retd) S Y Savur PVSM AVSM

STOCK-INDIA-WIZARD said...

This details of Major AK Dhanapalan I got from http://indiamydreamland.blogspot.in/2012/03/major-dhanapalans-advice-to-defence_27.html.
His contact details are

dhanapalanakmajor@gmail.com
Mob 092 49 87 53 42

Let us all salute him with mail or SMS atleast

Anonymous said...

congrats RDOA.other esm asso contribution is nil,a big zero.
now quantification-approx,would be rs 50-150k.
basis is total emoluments in dec 1985 with 20% of basic add and fix integrated pay at stage next above in scale 2300-5100.to this rank pay is added.when inte pay was raised to 4500 and 4950 in that designed (fixing))formula of step up ,their pays got correctly fixed.those promoted to col\brig earlier than 1985 and at max in their scales of 3cpc would benefit of rs 150-450 pm.those pro to col,brig in 1985-1986 would obviously get nil.capt to lt col,range of 100-700 pm .arrears with DA and int of 6%for 7 yrs 2006-2012 (42%) arrived at ie,amount of arrers with multi factor of 1.42 .when the ind reaches max of 51oo in the scale ,that is stagnation, and thus no increase till 1996. all this is upto 1995. there after reviews by GOI.
total budgetary average of 100000 for 20000 offrs,2000000000(9zeros) say 200 crores. where has this fig of 1600 crores come from.i only hope the rest 1400 crores does not disappear in some new scam. wait and watch f new scams without actually paying to defense personnel..
errors and omissions are regretted.
fig are approx and in the range of 20%add or reduce.


Anonymous said...

Dear navdeep sir...My good wishes and kudos to those valiant officers who fought relentlessly for the most silent and committed community. May i ask u if we, who got commissioned in 93 will be benefited and in what manner.. regards

Anonymous said...

For all those who seek a clarification, please read the RDOA Website ---- "The said order will be applicable to all affected offrs of the AF wef 01/01/1986 to 01/01/2006 across board."

You may also like to read the following --"The order will benefit a large number of officers who were in the rank of Captain to Brigadier in the army and equivalent ranks in the Air Force and Navy, between January 1, 1986 and January 1,2006, according to counsel Aishwaraya Bhatti, representing the officers. "

Anonymous said...

sir...are officers commissioned in jul 1996 also in line fr arrears?

Anonymous said...

The times of india says"This order would apply to all officers of the Army, the Navy and the Air Force, both serving and retired, irrespective of whether they filed petition in court or the Armed Forces Tribunal. The court asked the government to comply with the order in three months."
can you clarify "irrespective of whether they filed petition in court or the armed forces tribunal" it should have been "This order would apply to all officers of the Army, the Navy and the Air Force, both serving and retired" so is it that only those will be benefited who have moved the court?

Anonymous said...

further to anny from ABG.it is amazing to hear how SG argued for 4hrs by magnifying the (imaginary) effects and implications to evade a well reasoned judgement.several incorrect and false contentions put forward to avoid a small exp of about 200 crores .simple issue of correct fixation was avoided,denied and delayed by 27yrs.so much effort of time,adm ,finance ,....etc was wasted.as a result every one and the NATION lost so much.greatest damage is leadership of def forces.
in 1988 that biased and wrong fixation in the processes of transition to 4th cpc scales was glaringly visible called as RANK FIXING (like match fixing in cricket).services hqs were a party for that fauxpaus .
well SG has got the component of interest reduced to 42% instead of about 150%. naturally the money rec after 25yrs is one fourth in value.interest for 7yrs only instead 25yrs.

Abhinav said...

I try to clarify in simple logic
Step I
IV CPC
The basic was suppressed illegally when Rk pay was granted…. Rk pay was over and above because of military exigencies..right?
(The catch….) But they calculated the pay scale and then deducted rk pay admissible and fixed a lower basic pay compared to civ counterpart. Rk pay is part of Basic they said and thus we were told that we were still at a parity with civilians....Start point……………1
Step II
V CPC
the new pay scales were fixed as compared to the civ counterparts WITHOUT CONSIDERING RK PAY.
Thus lowering status…..…..2

VI CPC
Repeat of 2 above and a mistake on p73 of CPC report and another lowering of status follows.
The MSP was also granted but the pay fixed after deducting the MSP component...MSP is also part of basic right? Heard it somewhere (didn’t we?)………………..3

Add DA applicable..…...4

Interest 6%............5

So rk pay and MSP equivalent to be paid to all offrs who have been serving since 1986 onwards. (1,2,3 above)

In addn due to two suppression of parities (2 and 3) same will now be reqd to be corrected back and thus difference in Grade Pay too will come in picture in 3 above

Or add 1+2+3+4+5 above
So an offer serving today with 19 yrs service at the Rk of Lt col Gets 8.5Lac AFTER TAX 30%

On avg , offrs commissioned before 1 jan 2006 will get 8.1 lac averaging out.
10000 x 8.1 lac (avg) = 810 Crores………………6

Those commissioned after 6 CPC will get lesser as service decreases . avg 3.2 Lac (is 6.4 k plus DA per month)
10000 x 3.2lac (avg) = 320 Crores………………7

Those retired before 6 CPC, 1 jan 2006, will get 3 lac
12000 x 3Lac = 360 crores……..8

Total Payout
6+7+8 = 1490 Crores


Aren’t these close to the figure they were talking about?

Anonymous said...

@Brig Chitnis,
Skol! My 60 ml tells me that a Capt in 1986 would get more than a Brig in 1986, simply because (1) the capt would rise in rank and get higher rank pay for a longer period of time whereas (2) a Brig would have superannuated or become a 2 star and therefore Rank pay would not be applicable; (3)Pensionary benefits included might get the Brig about 4 lac in arrears + 6% interest p.a. from 1.1.2006 and then he would have to pat income tax depending on the rates (look a website smart business solutions where they have tabulated tax rates for 27 years till FY 2011-12).
Cheers

Vijay said...

Thanx a lot sir for giving such a pleasant news...btw how much will be the arrears for a lot col with 20 yrs service today???

kapil said...

sir thanks to the team who fought and thanks to u for ur blog as well. let this be the beginning and the armed forces regain the lost g;lory.

LT.COL.HS DHAM( MAHARS ) said...


Thank you vvv much.mAJ DHANAPALAN AND TEAM AND NAVDEEP
You have proved to be Brahamaastar
and never say die.It also brings out Rank is irrelevantfor a good deed and selfless efforts. May we have more like you and the wonderful organisation which you were part of it Thanks to all of you and all Munna Bhais of various welfare org. Without indulging in loot and Arson The Def Welfare Org have conducted themself with restrain and dignity. We love our Country and we are proud to be part of Defence Fraternity.
Gandhijis philosophy merged into Munna bhai has provedto be letal without violence. But we should gradually stop mudslinging
as it is not part of our cake. God will take care of the rest.
LAGE RAHO MUNNA BHAI RAM BHALI KARENGE.
JAI JAWAN JAI KISHAN JAI DHAN ( APALAN )

he said...

With the SC giving the final verdict on 04 sep, what is the tentative arrears which one can expect.

Can some one give the break down based on the commissioning date ?

For eg
Offr commisioned in 1986 and in service would get
Offr commisioned in 1996 and in service would get
Offr commisioned in 20

SSS said...

Kudos to RDOA office bearers and Maj Navdeep for their yeomen service in resolving legitimate and long outstanding Rank Pay issue.

A large number of queries have be made in this blog reg beneficiaries of this historic judgment.

IMO, all officer in service todate and officers retired after 31 Dec 1985 are eligible to get arrears.

However the arrears to be paid by Govt within 120 days (as per judgment) may only be applicable to officer in commission (Capt-Brig) as on 01 Jan 1986 (i.e migrating from 3rd to 4th CPC) view deduction of rank pay from basic pay post 4th pay fixation and thereby direct loss of pay.

Officer commissioned in service post 01 Jan 1986 has no direct loss of pay since their pay was fixed as per existing pay scale of 2300-5100 (as per 4th CPC and no direct loss of pay) and may not get arrears within 120 days (I sincerely hope my analysis is wrong all of us get our legitimate arrears asap.)

Notwithstanding above, with rank pay part of Basic Pay(which was always the case but denied by babus), Pay scales of all service officers has to be revised (upward) for 4th, 5th and 6th CPC since babus has not considered RanK pay to be part of Basic pay (thankfully !!!) while fixing Officers pay in all CPCs. This may take time and therefore in my opinion although officers commissioned during or after 4th CPC have been paid less throughout their service, may have to wait longer to get their legitimate dues.

This is my analysis with limited knowledge and comments on this will further educate all of us.

With warm regards
SSS




Anonymous said...

Sir...its clear that the dues would be liable to all officers who were commissioned since 1986 onwards till before Jan 2006 as the 4th and 5th pay commission had this anomaly...so ....ist payday for all of us commissioned before 2006....only those commissioned who joined after 01 Jan 06 (who would be drawing pay as per 6th pay com) are not benefited.

Upender Singh said...

Thank you for the news and update; Kudos to you too,you have been a crusader for the defence services cause and a proud TA offr despite your commitments as an advocate. Well done sir and keep it up !

amcdoctor said...

I am attaching a press release from retired officers association
Sent: 06 September, 2012 11:05 AM
Subject: Approx Rank Pay Arrears

Rank Pay Case : Approximate Arrears would be as Given below :

Press Release.
INDIAN ARMED FORCES RETIRED OFFICERS’ ASSOCIATION
108, Prasanna Vihar,
Opp. Kerala High Court,
Marine Drive,
Cochin - 682031

PRESS RELEASE.
4th Pay Commission: Grant of Rank Pay
In accordance with the recommendations of the 4th Pay commission and
the Govt. decision thereon, as promulgated under Gazette of India
(Extra ordinary) Notification No 91 dated 18.3.1987, officers of the
Army. Navy and Air Force were granted an integrated pay in the scale
of Rs.2300-100-3900-150-5100. ..In addition to the pay in the
integrated scale as above, Rank Pay for Captain, Major, Lt Colonel,
Colonel and Brigadier and equivalent in the Navy and Air Force, were
also granted @ Rs.200/-, 600/- , 800/-, 1000/-, and Rs. 1200/- PM
respectively..Although the Rank Pay was sanctioned in addition to the
basic pay, while fixing the pay in the integrated scale: an amount
equal to the Rank Pay was deducted from the total emoluments and the
pay was fixed. This has resulted in heavy financial loss to the
officers which have also cumulative effect on pay, D.A. Pension,
Gratuity, etc. Having failed to get a proper consideration of the
ease, Major A.K.Dhanapalan, now retired had approached the Hon’ble
High Court or Kerala for justice. in the case or Major A.K Dhanapalan
Vs Union of India in O.P 2448/96, the Hon’ble High Court of Kerala was
pleased to allow the plea of the officer and held that the deduction
of the Rank Pay from basic pay is NOT correct and directed to re-fix
the Basic Pay with effect from 1.1.1986..However the Union of India
preferred an appeal before the larger Bench of the High Court against
the judgment. Larger bench of High Court has been pleased to dismiss
the appeal but the Union of India again filed an SLP in the Hon’ble
Supreme Court of India. This appeal was also dismissed on
10-7-05..Officers (Serving/Retired) of the Armed Forces who were in
service on 1-1-86 in the Rank of Captain, Major, Lt Col, Colonel,
Brigadier are affected by the above judgment. According to the
judgment, Pay of Major A.K Dhanapalan has been re-fixed with effect
from 1-1-86 and Govt. sanction for payment of arrears was issued,
whereas the benefit has not been extended to other similarly placed
Officers of the Army, Navy & Air Force. This is injustice to the
affected Officers of the Army, Navy and Air Force. Officers are
eligible to receive minimum* arrears after re-fixation as
under:-.

Captain and Equivalent Rs. 55,000/.
Major and Equivalent Rs. 1,50,000/-.Lt.
Colonel and Equivalent Rs. 2,00,000/-.
Colonel and Equivalent Rs. 2,50,000/-.
Brigadier and Equivalent Rs. 3,30,000/-.

This is subject to length of servicefrom 1-1-86.

A few retired affected officers joined together to make an
association to take further legal action against this injustice.

Like-minded affected officers who are willing to join for this noble
cause are welcome and may write to the Gen. Secretary, Major A.K
Dhanapalan (Retd), President, Major K.P Sreedharan (Retd).

NB:
This may be given wide publicity by forwarding details to at least TEN
brother officers.

For more details:
Major A.K Dhanapalan (Retd),
Mob 9249875342 Gen.Sec

Major K.P Sreedharan (Retd)
Mob: 9818988154, 9895242103 President_._,___

Airco said...

I request the affected officers to compute the amount due all by themselves.I have tried to do it here for a hypothetical case of an officer who wa Sqn Ldr on 01 Jan 86 and promoted to Wg Cdr on 01 May 91. It works as follows : From 01 Jan 86 to 30 Apr 91 (64 months)@ Rs 600/-p.m.= Rs 38400/-. From 01 May 91 to 31 Dec 95 (56 months) @ Rs 800/- p.m. =Rs 44800/-. Total= Rs 83200/-. Simple Interest @ 6% p.a. from 01 Jan 2006 to 30 Sep 2012( 6 yrs 9 months) =Rs 33696/- . Total payable = Rs 116896/-. If we calculate interest payable for each month of difference of pay received at the same rate of interest,starting with the difference payable on 01 Feb 86; the officer would have received Rs 165685/-. So the officer is likely to lose Rs 48789/-.Correct me if I am wrong and take it up with RDOA to bring it to the notice of SC if I am right.This is a sizeable difference to forego by accepting the SC order of 4th September.

Anonymous said...

Congratulations to AF fraternity. Toughest battle won.Thanks a lot to RDOA for fightiong the case vdepite all odds.Bravo.I would certainly like to be member of RDOA ASAP.

Col P B Singh(Retd)

Anonymous said...

is all this only about arrears only .
or there is any effect on present pay scale and equalancy also

Anonymous said...

@Airco. What about DA?

Anonymous said...

@Airco, It took 7 years more than it took the pioneer Maj Dhanapalan for us to get this judgment.

If we continue in the vein you have suggested, then someone might suggest approaching the SC to grant us interest from 1.1.1986.

RDOA would have considered all aspects and must be allowed to fight other battles.

Anonymous said...

@ Airco......firstly you have not calculated the DA on it which would be considerable.

secondly, refixing of pay wef 01 jan96 and 01 jan 2006, which again would be considerable with DA also factored in.

thirdly...the real benefit would have been from the power of compounding had the interest factor remained wef 01 Jan 86. But nevertheless the arrears would be substantial and not what u have given.

Anonymous said...

@he said...........

(1) Officer commissioned in 1986 will get nothing till he becomes a Capt when the Rank pay is Rs 600 per month,increasing with rank till Brigadier. When he becomes 2 star, Rank pay ceases.
(2) Similar will be the cases for those commissioned in 1996.
(3) In case of those commissioned in 2000, unless they are Captains, they get nothing by way of rank pay.

Jai Hind

he said...

Maj Navdeep,

Lot of rumors on the calculations and benefits to be received (a comment says 8.5l after tax !). Can we please have your views on the the tentative benefits which are likely . kindly break it down in terms of various commission years so that we get a tentative idea.

Thanks

K said...

What about the bureaucrats who advised successive governments wrongly to take a stubborn stand on an otherwise legitimate request and have led to a huge cash outgo to the tune of Rs 1600 Cr, when this issue could have been addressed and resolved gracefully? What about the opportunity cost to the government at a time when there is an economic slowdown? Should these bureaucrats not be penalised?

corona8 said...

Gentlemen, can't we be a little patient and wait for the judgement of the Hon'ble Supreme Court to be available on the official website and for MOD to issue orders based on the same? All this noise, ill-informed speculation, or worse, pontification, can only cause damage to our peace of mind.

Let's wait for RDOA and Maj Navdeep to clarify doubts

Aerial View said...

@he said........& anyone else interested,

There is a rough Excel sheet Rank Pay Calculator formatted by a retd Brig of Signals. Email me at sharad10525@gmail.com in case you are interested.

Disclaimer: neither the originator nor I vouch that it is the panacea for your query.
Sharad S Y

Airco said...

My heartfelt thanks to all who responded to my post.
I did not calculate the amounts payable to the hypothetical officer on account of the DA wef 01 Jan 86 to 31 Dec 95 and the rank pay and DA wef 01 Jan 96 to 31 Dec 05 since I am in a location where the info is not available to me. I was trying to initiate a discussion...
I feel that now the Union of India MUST SEND A POSITIVE SIGNAL : "WE CARE FOR YOU !"to all members of the Armed Forces ;serving and retired, by going beyond what the SC Judgment of 4th September, 2012 has decreed...PAY INTEREST ON ARREARS OF PAY AND D.A. AT 6% P.A. WEF 01 JAN 86 TILL THE DATE OF RETIREMENT OF EVERY AFFECTED OFFICER; COVERING THE FIFTH PAY COMMISSION AS WELL.
There are other allowances like CCA which are affected by the pay drawn on which I can not comment upon. Our Accts Branch brother officers from the Air Force sure can !
If one takes into account the All India Consumer Price Index from 01 Jan 86 till date, the loss of purchasing power due to incorrect fixation of pay (and dependent allowances)would be astonishingly high. This could also be indicated by those in the know.
There is also the issue of claiming relief U/S 89 of IT Act 1961 on the amount every affected officer will receive. The Accts Officers may please comment upon this aspect !...This case being of an extra ordinary nature, the Union of India could suo moto declare Income Tax waiver on the arrears. Did we not have the Voluntary Declaration of Income Scheme of the nineties (1997. ?) meant to ferret out black money ?

And lastly in lighter vein, I would like to remind all of the story of Seth Chokhey Mal and the old lady giving her earnings before going on pilgrimage ;to be invested in his business so that upon return,she could spend her last days without financial worries ? The story was regularly broadcast on All India Radio, Delhi in the sixties... ! THE UOI IS THE SETH AND WE ARE THE OLD...!

Nandu Chitnis said...

Has anyone seen NHQ calculations of arrears? Arrears dont add to much at all !!

Dhoop said...

All these excel specialists need to be a little circumspect. The internet is cluttered enough as it is with misleading info.

Just a note of caution: The exact amount of rank pay and associated allowances may not amount to actual arrears wef 01 Jan 86. Just check where the basic was actually fixed wef 01 Jan 86 and 01 Jan 96 and where it should have been fixed. Then work out arrears and interest.

It'd be best to hold one's horses and await clarifications.

There's way too much of this viral Thumbruleitis about!

Anonymous said...

Dear Armymen,
Now you know where to go for your rights. The government and the civil administration is all out to undermine the Armed Forces. Should no action be taken against those civil servants who ill advised the successive governments over 25 years.? What about those who died without getting their rightful dues? If pay fixation was wrong as in 1986, then why the interest only with effect from 2006? How has the wrong pay fixation in 1986 affected the subsequent pay fixations in V & VI CPC? What about other arrears deprived on account allowances granted on the basis of lower pay scale? Was it only about the arrears, what about the agony that all have undergone over these years?

Jo said...

Dear Maj. Navdeep
Thanks a million.
You have been very kind in posting the latest relating to the Three Services, all along.
I request you please enlighten on the following related issues:

Will the DA admissible on the hike of pay/pension also be admissible?

Is this 6% Interest for 7 years now, going to be simple or Compounded “Monthly / Quarterly ? Half Yearly/ Annually” ??

Best Regard
Col MC Joshi (retired)
NOIDA
TeGrol

Anonymous said...

Congratulations to one and all!!!
given below is the link to RDOA...Please do contribute..
http://rdoaindia.blogspot.in/2012/07/additional-contrbution-of-rs-1000.html
@IndianACE... Great suggestion... Why just name the roads... New constuctions, auditoriums, stadiums, ranges and so on could also be named. Even Officers' Messes should honour Maj AK Dhanapalan in a befitting manner.
Maj Navdeep ... I salute you for your untiring efforts in keeping the officer cadre posted on various issues.

Col Pardaman Singh said...

NHQ has forwarded e mail on effect of supreme court judgement with examples.Calculations are more or less correct. Those who are calculating arrears up to Rs 8 Lac are grossly out.Beside Pay, it will effect retirement benefits,subsequent Pay scales in 5th & 6th pay commissions.Status will also be restored.
Some minor errors in the examples in the post are as under.
(a) Example 2 (Lt Cdr 11 years service)
Sl 6 :-Pay after court order should be Rs 4350 as Rs 4300 does not exist in the integrated pay scale. SO the diff will be
Rs 350.
(b) Example 3 (Lt Cdr 16 years ser) Total 4+5 is incorrect.
(c) Example 4(CDR TS 21 Yrs Ser)
Sl 6 :-Pay fixed by Govt should be Rs 4317-600=3717 ie 3800 +600.
Sl 8:- 4950-4400=550
(d) Example 5 Capt(20 Yrs Ser)
Sl 7 :- Pay after Court order Rs 4800+1000
= 5800
Sl 8 :- Diff 5800-5500=300

Anonymous said...

All can improve their MATHS. while calculating their dues, good time pass....


SATISFIED SOLDIER

sunlit said...

@Col Pardaman Singh:"..NHQ has forwarded.."; Was the email received directly by you from "NHQ"? Do please share with us if you have the link to the webpage on which that 'calculation' is displayed.

I think it's best to wait till RDOA, Maj Navdeep clarify exactly what the status is as I've attempted to highlight here.

Dhoop said...

Here is a link to the judgement.

PSM said...

This indeed is a heartening and good news for all brother offrs.....we should be highly thankful to Maj Dhanapalan and RDOA for their commendable effort....In my personal view, the entire fraternity owes them. AS a small token of respect and motivation for them to fight our endless other battles with bureaucrats to restore dignity of Armed Forces, we should come forward and at least present Rs 1000 or more , each, to both of them. With 20,000 officers benefiting from this, the total amount generated will surely help the organisation to continue fighting for our other battles. REgards.. PSM

Anonymous said...

A well done job by RDOA and i am sure in future also if required the fight will be fought till end. Lot of calculations are being made by every one for arrears but i suggest that some group is created to calculate so that we are not cheated by these Babus again. Thanks Maj Navdeep for keeping us all informed

Col (Retd) A K Sehgal

Jayakrishnan N said...

Is there any change in the present basic pay of Officers? Are they now at par with their IAS/IPS counter part?

jdosvd said...

UOI ACHIEVED ITS AIM THROUGH I.A. 9 FILED TO RECALL THE HONOURABLE SUPREME COURT ORDER OF 08 MARCH 2010 as brought out by col raju. SEE HOW?

Judgment of 08 Mar 2010 spells out interest to be paid from 01 Jan 1986 on rank pay arrears.

UOI files I.A. 9 to recall the Orders of 08 Mar 2010

Judgment of 04 Sep 2012 relaxes the burden of interest which will now be paid from 01 Jan 2006.

What the MOD gained and what the veterans and serving officers lost?

See the table below;

The total interest from 1986 to Dec 2012 on the total rank pay from Jan 1986 to Dec 1995 is 144.25% (If you don’t believe ask me will send the excel sheet)

The total interest from 01 Jan 2006 to Dec 2012 on total rank pay from Jan 1986 to Dec 1995 is 42%

As per UOI and SG the total burden to exchequer is Rs 1600 crore calculated prior to filing I.A. 9 based on Honourable Supreme Court Order of 08 Mar 2010.

Rs 1600 Crore calculated by MOD includes interest at 144.25%. The interest is 944.93 Crore & the total rank pay for 20000 officers is Rs 655.07 Crore

After the Honourable Supreme Court judgment on 04 Sep 2012 the interest rate came down to 42% only. The rank pay of Rs 655.07 crore accrues interest of Rs 275.13 Crore at 42%. The total burden on the exchequer now is Rs 930.20 Crore. (ie 655.07 Crore + 275.13 Crore)

What is achieved by UOI is that the MOD saved Rs 669.80 Crore (Rs 1600 Crore – Rs 930.20 Crore). This total saving is on interest (Rs 944.93 Crore – 275.13 Crore = Rs 669.80 Crore.)

Good, three cheers to UOI for saving Rs 669.80 Crore. But the UOI & MOD should look back and realise as to at whose cost they made this saving, for whose benefit they made this saving, from whose services they made this saving, at whose faults the exchequer today got burdened, at whose mistakes and faults the burden came on exchequer today, why not those who caused this burden to the exchequer today contribute the burden as penalty for their mistakes and failures. Any answers?

Finally the looser are honest armed forces officers who never take the route the way the country’s civilian crowed takes by agitations, rasta rokos, strikes, destruction and so many.

We waited for 26 years, finally some thing came. But how can this fruit reaches those who are no more now. Will the UOI & MOD understand this loss?

Anonymous said...

A query at the Technical Section of PCDAO, Pune reveals that ONLY officers who were in service on 01/01/86 will get the benefit.

Officers commissioned after that date WILL NOT get any benefit.

Any comments / clarfications / interpretations by Maj Navdeep / any other offr ?

Regards

krishanlaljaspal said...

eexsentiaAll the defense officers; especially, the entire retired defense offices, are extremely grateful to the judiciary mainly the Supreme Court of the Great Nation and High Court of Kerala. The judiciary at no level succumbs to any pressure of the State/Central Govt.
We all defense personnel are most grateful to judiciary for their prudence and rightly appreciating the genuineness of the case, in spite of repeatedly filing the petitions by min of def and the Central Govt. the whole nation knows that it is the judiciary alone, which can preserve the rights of the country men and guarantee the rule of law! The verdict definitely goes a long way, in reaffirming the strength and independence of judiciary!
Further, we all the defense officers; especially, the entire retired defense offices, are extremely grateful and thankful to Maj A K Dhanpalan; who alone appreciated the case of pay fixation to include the rank pay as the CDA (O) had left it out. This officer had the courage to fight for the righteousness of the case, spent a huge amount single handedly, and fought until won the case. It shows, how much the defence officers know and take care for their own rights. In fact whatever is decided/given by the Govt./and or CDA (O)/PAOs, we blindly accept the same. Well done Maj A K dhanpalan for your courage and rightly appreciating case.
I would fail in my duties unless I whole heartedly convey my special thanks to the Retired Defence Officers’ Association (RDOA) who fought the case to the tooth and nail with their amazing strength, stamina and commitment until, finally won the case for the cause of many of the serving and all the retired officers.
I have no hesitation in mentioning that the Min of Def is also meant to take care of welfare of the defense personnel, but most of the time they oppose the rightful causes of the defense forces personnel, may that be related to pay commissions anomalies, OROP case or rank pay case as has been seen in the past. I wish they wake up and if do not support, at least they must not always oppose. In fact the politicians never do anything on their own and completely guided/dictated by the IAS lobby. This reflects cluelessness of the politicians of our Great Nation.
I am disgusted to say that defense forces senior officers, who are especially dictated by the Chiefs, Lt. Gen, and equivalent of the forces who utterly failed in supporting the righteousness of the case of rank pay and failed to support it. Even they never took up the case of OROP seriously, which seems to be because they are not affected by the OROP as they get their fixed pay.
And what a JAG branch of the defense forces who miserably failed to appreciate the case, where as a junior officer of the rank of just a major fought it alone and won the case of rank pay; whereas the JAG Br. failed even to support it. I wish such a part of defense forces be disbanded, rather than spending such a huge exchequer for their maintenance for nothing.
We all know that the IESM has been fighting for the OROP case for a very long time. All the major political parties of the country have been repeatedly promising and even incorporating in their agenda of granting OROP, but always dismayed the veterans. However, this is the first time, presumably, it is all due to Hon Prime Minister and Mrs. Sonia Gandhi who appreciated the cause and carried their way and granted the OROP, though negligible which is the portion of OROP case projected. I hope some time wisdom will prevail and some Govt. may grant the OROP as is being projected by the IESM. Well-done IESM, and keep on putting your best efforts until desired results are achieved.
However, nothing is sure unless notification is published by the Govt. and we have to wait and watch till it is published.

Anonymous said...

Has anyone got the right interpretation to the "Flash News" on the PCDA(O) site? Is it line with the orders of the Supreme Court? Maj Navdeep can you enlighten us please!
Regards

Anonymous said...

As per the gist of the whole case of rank pay, the observation by the courts was when the pay was fixed in IVth CPC on 01 Jan 1986 and in Vth CPC on 01 Jan 1996, the rank pay was first deducted and the revised pay was fixed and then the rank pay granted was shown separately. This was the anomaly. The pay should have been fixed without deducting the rank pay on 01 Jan 1986 and on 01 Jan 1996 to bring us at par with civilian counter parts pay. By deducting rank pay and then fixing pay then granting rank pay made us at par with our civilian counter parts which automatically granted the rank pay to civilian counter parts too. This was the big anomaly. The pay should have been first fixed with out deducting the rank pay which was not done. Thus the entire episode says that the pay of officers holding the rank of Capt to Brig on 01 Jan 1986 and 01 Jan 1996 was wrongly fixed. I was Lt on 01 Jan 1986, no rank pay was deducted while fixation of my pay on 01 Jan 1986 as I was not holding the rank of Capt and above hence hence am not eligible for rank pay from 01 Jan 1986 as nothing was deducted while my pay fixation. But I was promoted to the rank of Capt in Jan 1988 and I started getting rank pay of Rs 200/- per month from Jan 1986 onwards. When an officer gets promotion, he gets the rank pay in addition to the pay being given to him but his entire pay does not need to be re-fixed on such promotion. Hope now it is clear as regards applicability of fixation of rank pay on 01 Jan 1986. Lts wont get rank pay.

Now the second issue is fixation of pay in Vth pay commission wef 01 Jan 1996.

I was already Captain prior to 01 Jan 1996. As per the pay fixation sheet which I have got along with my pay slip for the month of Jan 1998, my total pay (unrevised) as on 01 Jan 1996 including basic 3600, rank pay 200, DA 5180 (148% max DA on 3500) IR I 100, IR II 380 plus 40% of basic (3600+200) Rs 1520 worked out to Rs 10980/-, CDA (O) has deducted Rs 400 saying "Less revised rank pay" and the revised pay came to Rs 10580, then may pay was fixed at Rs 10800/-(in the pay scale of 9600-300-11400). Here the CDA(O) has faulted by deducting the revised rank pay of Rs 400/- before fixation of revised pay. Had the revised rank pay of Rs 400/- not deducted, my pay works out to Rs 10980/- (see above) and the revised pay should have been fixed at Rs 11100/- (in the pay scale of Rs 9600-300-11400) and not 10800 as fixed by the CDA (O). Thus the deficit amount in my pay fixation from 01 Jan 1996 was Rs 300/- pm which I am entitled every month plus DA as increased from time to time till 31 Dec 2005. This is what the effect.

No come Third issue.

I was getting rank pay in IVth CPC Rs 200 plus DA 148% till 01 Jan 1996 making total rank pay Rs 496/- per month till 31 Dec 2005 and later I kept on getting rank pay of Rs 200 + DA Rs 340/- pm at 170% announced in year 1997 till 31 Dec 1997 till before getting the Vth CPC arrears in Jan 1998. This follows that the last rank pay in unrevised pay scale was Rs 540/- including DA. Granting of rank pay of captain for Rs 400/- in Vth CPC wef 01 Jan 1996 was incorrect as the rank pay including DA was Rs 540/- and this can not be brought down to Rs 400/- in successive pay commission. The Capt's rank pay from 01 Jan 1996 should have been fixed at Rs 600/- (Next step to Rs 540/-). This issue need to be taken up by all of us with CDA (O) Pune.

The flash news appearing on the PCDA(O) web site is wrong. As per this flash news they are calling for the relevant information from the officers who were holding the rank of Capt and above upto Brig as on 01 Jan 1986. The mistake which was done in IVth CPC pay fixation was again repeated in Vth CPC pay fixation also.

Hope the Rank Pay case is clear now. But let us wait and see what more mistakes the CDA commits.

Anonymous said...

Dear All,

Please understand one thing. This entire case is of wrong fixation of pay as on 01 Jan 1986 and 01 Jan 1996 as the amount equal to rank pay of the officers holding the rank of Capt to Brig as on these two days was deducted from the revised emoluments and then the basic pay was fixed. Every body from Capt to Brig has got the rank pay during IV and V CPC but the amount deducted while fixation of the revised pay in both the pay commissions on 01 Jan 86 and 01 Jan 1996 was wrong and such deductions with DA over it announced from time to time are the arrears for those officers who were holding the rank between Capt and Brig on 01 Jan 86 and 01 Jan 1996. These affected officers even after further promitions will keep getting the initially deducted amount in both the pay commissions ie arrears of IV CPC from 01 Jan 86 to 31 Dec 95 and Vth CPC from 01 Jan 96 to Dec 2005 with 6% interest from 01 Jan 2006. No other officers including those who get the rank of Capt after 01 Jan 86 and after 01 Jan 96 will get any arrears as no amount equivalent to rank pay was deducted while fixation of pay as those officers were not holding the rank of Capt hence not entitled for rank pay. An amount equal to rank pay for the rank held by the officers at the time of fixation of the revised pay which was debited is the amount of arrears.

I will quote example of my own case. I was commissioned on 20 Jul 84, got Capt rank on 20 Jan 88. I was not holding capt rank on 01 Jan 86 hence no amount equal to rank pay was debited while fixation of my revised pay as Lt on 01 Jan 1986.
In Vth CPC on 01 Jan 1996 I was capt. as on 01 Jan 1996 my basic pay was Rs 3600, unrevised rank pay Rs 200, DA Rs 5180 (148% on 3500 slab),Ir I Rs 100 and IR II Rs 380, 40% of basic was 1520. The total pay of all these was Rs 10980. Out of this 10980, the CDA has deducted revised rank pay of Rs 400. The balance was Rs 10580. My basic was then fixed as Rs 10800, and they gave revised rank pay of Rs 400, total revised pay was Rs 11200. At the stage of the total amount of Rs 10980 the CDA should not have deducted revised rank pay but they should have straightway fixed my basic pay as Rs 11100 in the pay scale of capt 9600-300-11400. This way my total revised pay with rank pay should have been Rs 11500 and not Rs 11200 which they gave me on 01 Jan 1996. The deduction was Rs 300/- per month and DA there on till Dec 2005.

Hope you all have understood now.

But the case does not end here. I was getting unrevised rank pay of Rs 200 and DA 170% theron (Rs 340) the total rank pay which I got immediately before fixation of revised pay in Jan 1998 was Rs 540/-. The revised rank pay of Rs 400 given in Vth CPC was much less than what I got unrevised captain's rank pay with DA prior to V CPC. in V CPC the rank pay should have been fixed Rs 600 and not 400 as the successive pay commission does not reduce the pay but increases the pay. If my rank pay is now fixed to Rs 600/- with effect from 01 Jan 1996, then the arrears will be Rs 500/- a month with DA for next 10 years. My further promotions to Col wont effect on initial arrears.

This is the story of the wrong fixation of revised pay on 01 Jan 86 and 01 Jan 96.

Col Raju

manu69 said...

@Col Raju,October 2, 2012 3:27 AM Sir what about the increments due to bunching?

Quote from SAI "(iii) For officers drawing pay from the 13th upto the 16th stage in the existing
scale, if there is bunching beyond the 12th stage - by three increments."Unquote.

Anonymous said...

@ Anon 01 Oct and Col Raju...
While your interpretation seems to be correct, I have doubts regarding the applicability to officers who were not Capt as on 01 Jan 1986. As brought out that the the IV CPC fixed the Basic Pay by first calculating the total emoluments and then culling the Rank pay out while the civilian counterparts were fixed the BP at the total emoluments thus in effect providing them also a Rank Pay and that too merged with BP. This has not just resulted in the Capt to Brigs being denied their due but also altered their parity vis-a'-vis their civilian counterparts. Now comes the questions:-
(a)Were only the officers who were Capt to Brig as on 01 Jan 1986 brought down in parity or all future officers also affected? If so, then shouldn't the parity of all future officres be restored or should they become junior to their civilian counterparts because the IV CPC made a mistake which is corrected only for some officers.
(b) While only the Capt to Brigs
of 01 Jan 86 get the correct BP, all future AF officers are fixed lower/given lesser amount. At the same time, wouldn't all of 01 Jan 86 and future Civilian officers have been given in effect RP in BP and thus will draw more BP.
(c) Wouldn't SC order result in changing the fixation formula of BP by IV CPC for AF officers. If so, then why should it be applicable to some officers and not to all future officers?
(c) Is this fight for money or for Izzat/ parity. If for parity, then shouldn't the SC order be applicable for all officers irrrespective of whether they were Capt or not as on 01 Jan 86 especially as it was caused by erroneous Pay fixation . If not corrected, the civilian counterparts would have won the issue in the long run despite the SC order.

Dr Vachaspati Mishra said...

It is a delightful experience to see the effort made by the Veterans including Maj AK Dhanapalan,Col BK Sharma, May Navdeep Singh and others. Kudos, best wishes and regards to them all.

During Service, I felt whatever the Govt/Pay Commissions have done is gospel truth, and whatever the CDA(O) has done is bsolutely right!! What a painful breach of trust.

The trust needs to be built up.

Best wishes

Anonymous said...

Dear friends,
there is a lot of confusion about the applicability of the H'ble SC ruling. What I understand is that all officers commissioned after 01 Jan 86, should be eligible to get the arrears as they all got their pay with the rank pay part deducted (as fixed by the IVth and Vth CPCs.

Anonymous said...

Col Raju brought out very relevant point to our notice.therefore all those corrections and re-fixations on 1.1.96 &1.1.06 are also due as corollary of the supreme court judgement.
Now -implementation --IT IS FOR ARMED FORCES TO GET THESE IMPLEMENTED.
MILLION DOLLAR ???????????.IF ARMED FORCES CANNOT GET THE SUPREME COURT ORDER IMPLEMENTED, HOW CAN ANY BODY HELP THEM?????
INFERENCE-GET GOING AND GET IT.

vijay singh said...

Dear Sir,
It is a wonderful article. However I have some doubts. I interacted with with the CDA(O), Pune yesterday and they said that the arrears are only applicable to offrs who were in service on 01 jan 1986. Probably someone will have to fight a case to get the rank pay arrears for all offrs commissioned before implementation of sixth pay commission.

Anonymous said...

Congrats and Kudos to RDOA and Maj Navdeep.Its a Great day due to this good news and a Definite reason to celeberate.
HOWEVER, IT IS LEARNT THAT DUE TO THE NEGATIVE APPROACH OF THE BABUS, THE EARLIER VERDICT IS BEING GIVEN A TWISTED AND DISTORTED INTERPRETATION. AS A RESULT, ONLY THOSE OFFICERS WHO WERE IN SERVICE AS ON 01 JAN 1986 AND DRAWING RANK PAY WILL BE PAID THESE BENEFITS. ALL TO NOTE.

V MAHARAJAN said...

Respected Sir,

I would like say that My Officer Commanding ordered to me that take the charge of weapon which is alloted to you and sign to the Weapon allotment Register. I requestly asked to my OC that Am I authorised to take the charge of weapon? He refused to say and shout and angry over me. After then you are not take the charge, I will fill Form 10 and send to Mental Ward.

Because I am a Non-Regular person of APS. I have come from Department of Posts as on deputation to APS and MOD is saying that Non Regular person of APS is counted as Civilian and they are not authorised Military Service Pay .

In APS 75% of Non-Regular person are working in APS (They are not Getting Military Service Pay and Civil pay band). Remaing persons of 25 % are Regular Army Person (They are getting Military Service Pay and Army Pay Band). APS are totally authorised 25 % of weapons. I would like to Know that actually who are authorised to take the weapons on charge.

I have said my natural story. Plese advice to me for Rights and information.

Thanking You Sir
Yours faithfully
XXXX
V Maharajan