tag:blogger.com,1999:blog-1503293844377013031.post1344586383198540850..comments2024-02-08T22:01:40.101+05:30Comments on Indian Military : Service Benefits and Issues: Immediate Separate Redressal Commission for Armed Forces : Supreme Court (Updated)Navdeep / Maj Navdeep Singhhttp://www.blogger.com/profile/11481215977936848477noreply@blogger.comBlogger56125tag:blogger.com,1999:blog-1503293844377013031.post-32314675726490098522011-08-02T12:08:00.343+05:302011-08-02T12:08:00.343+05:30Recently there was a news about withdrawal of cert...Recently there was a news about withdrawal of certain order issued by the SC.Does it pertain to this particular judgement?Can anyone throw some light?<br /><br />SukuAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-20001792589884399482011-02-24T21:15:22.289+05:302011-02-24T21:15:22.289+05:30Dear Major,
Anything on the Rank Pay issue? The Su...Dear Major,<br />Anything on the Rank Pay issue? The Supreme Court Bench was to review the earlier decision.<br />RegardsAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-28131289889605259142011-01-05T22:03:11.566+05:302011-01-05T22:03:11.566+05:30For those who might missed the news, the Hon'b...For those who might missed the news, the Hon'ble Supreme Court has fixed 24th February 2011 as the date for a <i><b>"final disposal"</b></i> of the case. The record of proceedings can be accessed <a href="http://courtnic.nic.in/supremecourt/temp/5620077312011p.txt" rel="nofollow">here</a>slhttps://www.blogger.com/profile/01783279172831388828noreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-22479439297596351802011-01-04T12:39:53.365+05:302011-01-04T12:39:53.365+05:30Anybody any update on RANK PAY CASE HEARING on 03 ...Anybody any update on RANK PAY CASE HEARING on 03 January 2011? Hopefully New year will bring in some good NEWS for fauzis.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-44833858656991900122010-12-16T22:35:45.372+05:302010-12-16T22:35:45.372+05:30In another blog, there was a query about an additi...In another blog, there was a query about an <a href="https://www.blogger.com/comment.g?blogID=8802975274436656078&postID=2997162720608160011" rel="nofollow"><i>additional affidavit</i></a>. My reply, though published there was subsequently removed for some reason. Is it not correct that the additional affidavit had been disregarded as reported in yet another <a href="http://iesmorg.blogspot.com/2010/11/update-of-iv-pay-commission-rank-pay.html" rel="nofollow">blog</a>? Could someone shed some light on it?slhttps://www.blogger.com/profile/01783279172831388828noreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-5824659403679300002010-12-16T15:56:35.619+05:302010-12-16T15:56:35.619+05:30RANK PAY UPDATE: wait for 03 jan 2011, maybe new y...RANK PAY UPDATE: wait for 03 jan 2011, maybe new year will bring in good NEWS.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-54984316579562153972010-12-07T19:42:02.772+05:302010-12-07T19:42:02.772+05:30An adjournment was sought and granted in the matte...An adjournment was sought and granted in the matter. Please follow the links for an <a href="http://rdoaindia.blogspot.com/2010/12/update-rank-pay-anomaly-case.html" rel="nofollow"><b>update</b></a> .slhttps://www.blogger.com/profile/01783279172831388828noreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-72262882947833253432010-12-07T10:25:50.065+05:302010-12-07T10:25:50.065+05:30Rank pay update: 03 Jan 2011 next hearing hopefull...Rank pay update: 03 Jan 2011 next hearing hopefully something will come out concrete:<br />http://rdoaindia.blogspot.com/2010/12/update-rank-pay-anomaly-case.html<br />...."The case had come up for hearing today-06 Dec 10.The next date of hearing has been fixed for 03 Jan 2011"....Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-19829736538277866912010-11-23T16:10:01.307+05:302010-11-23T16:10:01.307+05:30Anyone with copy of Review Petition and relevant p...Anyone with copy of Review Petition and relevant portion of 4th Pay Commission report?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-3770995772605528342010-11-19T10:59:52.113+05:302010-11-19T10:59:52.113+05:30Sorry for not keeping my word, but today's The...Sorry for not keeping my word, but today's The Hindu item was too good not to be shared. <br /><br />Gp Capt (retd) K.K. Rohatgi, a Supreme Court lawyer and litigant in the Rank Pay case, stated in an email of 16.11.2010 that the SG settled Review Petition of May/June 2010 avers that the UoI/MoD was not heard.<br /><br />The Hindu of 19.11.2010 states <br />'A Bench of Justices G.S. Singhvi and A.K. Ganguly told the SG that it was better an affidavit was filed "so that tomorrow you may not say that opportunity was not given to place the records and documents."<br /><br />Coincidence? Your guess as good as mine!!OneTopic at a timehttps://www.blogger.com/profile/16052358433998476861noreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-6730213562961149792010-11-18T20:59:19.353+05:302010-11-18T20:59:19.353+05:30I could not understand the present ordersat all. I...I could not understand the present ordersat all. It is not a review petition as no error apparant on the face of records brought in.UOI had filed an application for modification and recalling of the orders dated 8-3-2010 and for rehearing of the matter. <br /><br />During he hearing of 15-11-2010 the UOI had filed an additional afidavit The SC has held that this affidavit as contemptious and has disregarded the same <br /><br />The Hon'ble SC refused to refer the isue of rank pay fixation to the Commission as pleaded by UOI since it has already been setled in favour of the officers by the orders of SC itself datged 8-3-2010 in TP(Civil)No.56/2007<br /><br />Ultimaterly it is seen that the application for modification and recalling the order dated 8-3-2010 has been referred to the CJI for placing the same before another Bench. Can the additional Bench set aside the above orders of 8-3-2010, I doubt. It may just examine the pleading of the UOI in its affidavit for formalities sake. I doubt existance of any provision to review the orders of 8-3-2010 as such.<br /><br />As regards the interest of 6% is concerned, it is applicable to the arrears outstanding upto 9-3-2010 only. If we are smart enough we can plead for penal interest or market rate of interest for the period from 8-3-2010 till date of actual payment.Col NR Kuruphttps://www.blogger.com/profile/15951097948613585506noreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-6226501883005244522010-11-18T20:25:00.567+05:302010-11-18T20:25:00.567+05:30We have already seen how the govt doesn't list...We have already seen how the govt doesn't listen to agencies even set by itself, like the TRAI or even CAG. A commission which doesn't have any fangs (judicial, quasi-judicial) is going to be ineffective in the babudom. As and when pay commissions are set up, whether or not their recommendations will be accepted, only time can tell. With all due respect, it would look as if the judiciary doesn't want to burden itself with grievances anymore and has delegated the responsibility to a body with no power to solve such grievances. As much as I would like to see the glass as half full, this looks like a black hole to me.Kapsnoreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-83653494273954476882010-11-18T19:36:51.425+05:302010-11-18T19:36:51.425+05:30@Anonymous: I too had felt the celebration was a w...@Anonymous: I too had felt the celebration was a wee bit <a href="http://sunlit8c.blogspot.com/2010/11/rank-pay-matter-relating-to-iv-cpc.html" rel="nofollow">pre-mature</a>.slhttps://www.blogger.com/profile/01783279172831388828noreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-71941912163810122902010-11-18T19:31:30.871+05:302010-11-18T19:31:30.871+05:30My doubts (and no more on this topic from me) - b...My doubts (and no more on this topic from me) - by ordering the formation of (as anon @9.41 put it) AFGRC, a channel to let off steam has been provided; but effectiveness of the AFGRC depends on the sustained continued response of the UoI/MoD.<br /> <br />The more substantive issue of the validity of the 1998 orders of the Single Judge of the High Court of Kerala, the 2003 orders of the Division Bench of High Court of Kerala, the 2005 dismissal of the SLP by a Bench of the Apex Court and the 8.3.2010 orders of the Bench of the Apex Court is now sub-judice. When the hearing(s) before another Bench would take place will be keenly watched.<br /><br />I don't know (1) why the same Bench did not or cannot hear the Review Petition; (2)if as reported in RDOA's blog, the Judge refused the request of the UoI to refer the orders 8.3.2010 to the AFGRC stating that orders have been passed, it is neither mentioned in the Apex Court's orders in Pushpa Vanti vs. UoI or UoI vs. N.K. Nair & others of 15.11.2010cas.OneTopic at a timehttps://www.blogger.com/profile/16052358433998476861noreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-56276434678381256482010-11-18T19:28:41.016+05:302010-11-18T19:28:41.016+05:30It is of no use when breaucrat (Govt Rep) Ex-Chief...It is of no use when breaucrat (Govt Rep) Ex-Chief/Vice Chief etc are on board. Most of the grievances will be against these members. Once they could not redress them while in uniform, what will they do now. All members should be SC/HC judges. Senior defence Officers if at all required to be members of commisions, They should only be for forcing the implementation of recommendations of the commission in the Armed Forces.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-50229690875414642782010-11-18T14:52:49.392+05:302010-11-18T14:52:49.392+05:30Anon@9.41
You have hit the nail on the head, sirAnon@9.41<br />You have hit the nail on the head, sirAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-55769176401718524522010-11-18T09:41:16.608+05:302010-11-18T09:41:16.608+05:30Gentlemen, in the absence of any professionally qu...Gentlemen, in the absence of any professionally qualified comments by Maj (retd) Navdeep, I venture to ask a few questions/doubts: - (1) Armed Forces Crievance Redressal Commission (AFGRC)"shall look into grievances related to pay etc" and then do what? (2)AFGRC will make recommendations to the Central Govt (UoI). (3) This is the clincher "it is open to the Govt to accept or not accept its (AFGRC's) recommendation(s). So what is the euphoria all about?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-44887306679633235782010-11-17T21:07:06.941+05:302010-11-17T21:07:06.941+05:30@ Sunlit
Sir,
That (penal interest in double dig...@ Sunlit<br /><br />Sir,<br /><br />That (penal interest in double digits) would be an icing on the cake ! So what if Indian growth rate still stays in single rate, atleast our dues will see double digit growth !! Wonder how would respondents (Read UoI/Babus) feel with so much egg (that too rotten) on their faces and nowhere to hide!Harryhttps://www.blogger.com/profile/10192867696697852328noreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-62615629597599316522010-11-17T20:47:13.723+05:302010-11-17T20:47:13.723+05:30@ABC - Simply and @Harry
"...The amount to b...@ABC - Simply and @Harry<br /><br /><i><b>"...The amount to be paid to each of us is increasing daily @6% annual interest......"</b></i><br /><br />Sir, it would not be out of place if after considering the recalcitrance exhibited towards the 8 October judgement of the Hon'ble Supreme Court, the Hon'ble Chief Justice imposed a penal interest in double digits in order to curb the litigious tendencies of the applicants (for recall of order) in this case.slhttps://www.blogger.com/profile/01783279172831388828noreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-71417534248539817572010-11-17T18:27:13.430+05:302010-11-17T18:27:13.430+05:30@harry,
The order of the Bench, provided in the li...@harry,<br />The order of the Bench, provided in the link by sunlit, has one important statement - Justice Katju has asked the CJI not to include him in the Bench that will consider the Revision Petition.<br /><br />As per email from Gp.Capt. (retd) K.K. Rohatgi, a litigant and Supreme Court lawyer, the UoI has stated in the RP that it was never heard. It is a bit shocking because the best of legal minds represented the UoI from the OP stage in 1998 till the present case heard/disposed on 15.11.2010.<br /><br />To conjecture on the questions is, in my opinion, inappropriate and perhaps only Justice Katju can provide the reasons.OneTopic at a timehttps://www.blogger.com/profile/16052358433998476861noreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-40610300771966976712010-11-17T14:49:25.476+05:302010-11-17T14:49:25.476+05:30Maj Navdeep,
To me, this judgement seems way out ...Maj Navdeep,<br /><br />To me, this judgement seems way out of place and reality. Will all cases of grievances pending in various courts be now heard or pended as this commission is to be set up. The right solution at this time should have been <br />(1) dismiss the UOI review petition for rank pay case as it has already been settled at Hon'ble SC and give a timeframe of 2 months for its implementation (2) give a timeframe of say 4-6months for maj anomalies in 6th pay commission incl OROP to be solved (3) Thereafter, other grievances to be taken up by the commission.<br />Nothing like this has happended. instead, rank pay case which was taken to be resolved has been put into a loop.<br />Well, faujis are worth this only ? <br />Rejoice?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-12801430024212926592010-11-17T14:14:27.379+05:302010-11-17T14:14:27.379+05:30Now the time is to look ahead and fwd recommendati...Now the time is to look ahead and fwd recommendations and issues to the Commission. <br /><br />In my view, we must highlt the issues of rk downgradation and the equivalence being imposed by the CPOs/PMF and the civ appts. <br /><br />How can we fwd the issues to thisAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-87083946695210315212010-11-17T10:16:34.246+05:302010-11-17T10:16:34.246+05:30You are doing good service to the cause of citizen...You are doing good service to the cause of citizens of this country who have been made to feek, all along that they are aliens.<br /><br />But we must not forget that it is us to blame for this sorry state. Large number of us pander to the bureaucrats. Indeed.<br /><br />JAI HIND.<br /><br />Brig SK Sharma.Brig SK Sharmanoreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-24640216545624535762010-11-17T09:40:47.983+05:302010-11-17T09:40:47.983+05:30@ Air Marshal Savur (retd)
Sir,
The following pa...@ Air Marshal Savur (retd)<br /><br />Sir,<br /><br />The following part of the question posed by Wing Cdr Sushil Kumar Sudan (retd) remain unanswered (I had the same querry too) :-<br /><br /><i>...it is beyond comprehension as to why the matter has been transferred to another bench for consideration ! What are the contentious issues left to be resolved ? why it could not be transferred earlier during the deliberations by the concerned bench? </i><br /><br /><b> could you pls clarify on this Sir? </b>Harryhttps://www.blogger.com/profile/10192867696697852328noreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-90973704914778505232010-11-17T09:10:06.529+05:302010-11-17T09:10:06.529+05:30@Sunlit and @Gentle,
UoI/MoD (US) has submitted in...@Sunlit and @Gentle,<br />UoI/MoD (US) has submitted in the additional affidavit amongst other things -"order dated 8-3-2010 passed by this Hon'ble Court if implemented would lead to the following difficulties: - (a) (it) would mean re-fixation of pay of not only the officers entitled to Rank Pay but of other personnel above and below such officers.. to be revised w.e.f. 1.1.1986 firstly, and then 1.1.1996 and 1.1.2006, (b)Grant of this UNINTENDED benefit would place a heavy burden on the exchequer (calculated by the High Power Committee to be Rs.1623.71 crores.)<br />2. It also cites that enormous efforts will be required to collate information "relating to promotion, annual increments etc" as if these are not audited by the respective CDA before approving PPOs.<br /><br />3. Let us wait - we have waited 25 years as on 1.1.2011.The amount to be paid to each of us is increasing daily @6% annual interest.<br /><br />4. The MoD seems to be living in a world of its own - Rs 1,76, 000 lakh crores in 2G Scam and Rs 6000-7000 crores in the CWG scam! If only 1% is used to pay Armed Forces officers, there will be enough even to outsourec things to TCS or Infosys or WIPRO for putting in the "enormous efforts."OneTopic at a timehttps://www.blogger.com/profile/16052358433998476861noreply@blogger.com