BUBBLE BURSTS: ARMED FORCES / VETERANS HARMED AGAIN
The relief given by the Hon.ble
Supreme Court vide its order of 04 Sept 2012 in the famous IV CPC Rank Pay Case
seems to have been undone by the MoD in its implementation order of 27 Dec
2012. A disappointing closing to the year 2012. The seven page order is yet to
sink in but exhibits the We v/s They
openly.
Salient and relevant paras / extracts follow:
Para 6. The
sanction of the Govt is hereby communicated to modify the provisions contained
in para 6 (a) (ii) of SAI of 26/5/87, and corresponding instrs in case of Navy
and Air Force bearing no 1/S/87 dt 11/6/87 and 26/5/87 resp, in so far as it
relates to deduction of Rank Pay, which has been reproduced in para 1 above,
and to refix the initial pay of the concerned officers of the Army, Navy, and
Air Force in the revised scale (integrated scale) as on 1/1/86 as per para 6 of
those instrs without deduction of Rank Pay appropriate to the rank held by the
officer on 1/1/86 from the amount as worked out under para 6 (a)(i) thereof.
Para 7. Except to the extent of modification of the
provision contained in para 6 (a)(ii) of the aforesaid Army Instrs and
corres…………….., relating to deduction of Rank Pay in terms of these orders,….in
all other aspects there shall be no change in the provisions of the aforesaid
SAI/NAI……
Para 8. …..It is clarified there shall be no change in
respect of SAI’s for implementation of the recommendations of the V, VI CPC
resp, except to the extent of the need for refixation of pay as on 1/1/96 and
1/1/2006, necessitated due to refixation of pay as on 1/1/86 in terms of these
orders.
Para 9. DA, Interim Relief, Dearness Pay, and NPA in respect
of AMC/ADC/RVC officers will be revised.
Para 10. Pensionary benefits due to the refixation of pay as
above, if any, will be admissible as per rules on the subject. Fresh LPC cum
Data Sheet for this purpose will be issued. PPO revising the pension will be
issued to all the concerned.
Para 11. As directed………..interest @ 6% per annum on the arrears
will be paid with effect from 1/1/2006.
Para 12. Undertaking as per Appx A in case of excess payment
by offrs.
Para 15…….The payment will be made directly by
PCDAO/AFCAO/Naval Pay Office.
Sd/- Praveen Kumar Director
(AG.1)
I don't think this blog post does justice to the valiant efforts put in by the blog owner and the team of RDOA. Now, there may well be shortfalls in terms of expectations. There could be room for other processes if, indeed, there has been any subversion of the principles set forth in the judgement so painstakingly obtained by RDOA.
ReplyDeleteBut I, for one, am not for any defeatist tone such as references to "bursting of bubbles".
The very fact that an example and a template have been provided to ex-servicemen, for obtaining rationalisations for other matters on similar lines, is itself a monumental contribution to the cause.
In any case, to be realistic, none of the undertakings attributed to UOI previously have been actually belied.
If the spirit of the judgement has not been fully implemented, that's a challenge that would need to be taken up on a later date. Presently it's a case of the cup being half, if not actually three quarters, full.
All because of RDOA.
The expressions and thoughts awaiting implementation are perfectly fine.I tend to agree with every thing stated.i would prefer the path of being supplementary and complementary,rather than differing on trivial diverse views of some sub- sub-sub para interpretation /views.
ReplyDeleteMany points would be clear after PCDA"s implementation.Remaining and unresolved issues in true spirit &letter of Supreme court judgement and order( inherent are correct rank pay of Lt Col ts of rs 800 and due corrections of Rk and basic pay on 1.1.96 & 1.1.2006),have to be pursed/forced upon.VETERANS CONT BE DELIBERATELY SUBJECTED TO HARASSMENT/EVASION/DENIAL/...etc, FOR DECADES OF ADJUDICATION ON EVERY ISSUE AND RELATED SMALL ISSUE.
THE SUPREME COURT JUDGEMENT AND ORDER HAS TO BE READ IN CONJUNCTION/ CONSONANCE AND RELEVANCE OF AFFIDAVITS BY SG.IF FURTHER LEGAL COURSE IS THRUST UPON IT SHOULD INCLUDE PENALTIES FOR DELEBARATE DELAY ,PENAL INTEREST TO COMPENSATE FOR THE DEPPRECIATNG VALUE OF RUPEE,....etc;seek fast track disposal.....IN FACT THERE ARE SEVERAL OTHER ISSUES IN ALL OTHER CONNECTED CASES IN HIGH COURTS THAT HAVE BEEN LINKED TO THE RANK PAY CASE AND STAND TO HAVE BEEN RESOLVED IN ACCORDANCE WITH THE CLUBBING OF CASES AND FINAL JUDGEMENT.THEREFORE ,WE HAVE TO EXTEND THE SUPREME COURT JUDGEMENT BEYOND WHAT HAS BEEN SOUGHT BY DANAPALAN . ALL THESE ARE EITHER INHERENT OR COROLLARY TO THE JUDGEMENT.-ALL THOSE ERRONEOUS COMPONENTS IN SAI 1/S/87 AND SUBSEQUENT SAIs-negating/violating basic principles enunciated in CPC recommendations and GOI resolutions.
The money received after 27 yrs -its value ,real value is 1/10th of 1986 rupee,when paid in rupees in 2013.
Do apply u mind on other aspects and add up.