EXTRACTS FROM WEBSITE OF MAJOR NAVDEEP SINGH
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Veterans India
Dec 29, 2012, 9:50:48 PM12/29/12
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EXTRACTS FROM WEBSITE OF MAJOR NAVDEEP SINGH
Final Govt orders implementing SC’s rank pay judgement issued by the
Defense Ministry. SACRILEGE.
As everyone would know, the Hon’ble Supreme Court on 08 March 2010 had
decided the rank pay case in favour of commissioned officers of the
three services and had ruled that rank pay was not to be deducted from
the pay scales of defence officers. The application filed by the
Defence Ministry for recalling the order was also not accepted by the
Court and the final judgement was rendered by the SC in September
2012.
Clearly knowing that the crude bluff played out on the pay and status
of military officers ever since the 4th Central Pay Commission (CPC)
no longer remained sustainable in view of the judgement of the Apex
Court, the Union of India quickly constituted a committee to look into
the financial implications of the judgement, and then in an
unprecedented move, approached the Court again with a prayer for
recalling the order and hearing the matter afresh.
The above was submitted to the Hon’ble SC through a detailed affidavit
filed by the Ministry of Defence which inter alia stated that the
implementation of the judgement would involve rehashing of not only
the 4th CPC scales but would affect the 5th and the 6th CPCs. It was
also pointed out that it would alter payment of all consequential and
resultant benefits of officers and their families wherever applicable.
Further in a recently filed affidavit seeking extension of time for
implementation of the judgement, the Defence Ministry stated that the
implementation of the judgement relates to three successive pay
commissions, that is, 4th, 5th and 6th CPCs and also affected the
benefits of officers who had retired prior to 1986. All this is on
record. Notwithstanding the above mentioned affidavits, even logically
speaking, naturally the pay-scales needed to be upgraded through the
three pay commissions leading to the enhancement of the pay and status
of Defense officers since the deduction of rank pay from the pay
scales had been declared illegal.
As is known to all, the contentions of the Defence Ministry were not
accepted and the Court stuck to its earlier order of March 2010 with
the only modification that the interest component on the arrears would
be granted from 01 Jan 2006 instead of 01 Jan 1986.
However brushing all of the above aside and in contravention of the
spirit of the judgement and also in utter breach of their own
affidavits and statements before the SC, the Ministry of Defense
issued the final letter of implementation today, which basically, in
effect, only grants the below mentioned :-
“….and to re-fix the initial pay of the concerned officers of the
Army, Navy and Air Force in the revised scale (integrated scale) as on
01-01-1986 as per Para 6 of those instructions without deduction of
rank pay appropriate to the rank held by the officer on 01st January
1986….”
The MoD letter also states that no changes would be made in the
instructions issued after 5th and 6th CPCs except to the extent of re-
fixation necessitated due to fixation as on 01 Jan 1986.
The final implementation order issued by the Govt of India issued
today can be accessed by clicking here.
So there you have it. The Defense Ministry totally ignores the
character of the judgement as well as its own commitment before the
Court, and perhaps also the draft instructions that may have been
submitted by the three defence services to the Ministry for
implementing the judgement in letter and spirit. No change in pay
scale, status or even the scales after the 5th and 6th CPCs has been
notified. (I have slightly different point of view. It has been
mentioned in MoD letter that Instructions issued after 1996 and 2006
will not be changed except for re-fixation of pay due to re-fixation
of pay in 1986. Thus, if the pay is re-fixed in 1996 and 2006 as
recommended by Services HQ, pension would also go up as per modified
parity and Cabinet decision taken on 24.09.2012.)
The victory has been rendered redundant.
Are the defence services not a part of this nation, or do they need to
continually hanker after their own government for what is rightfully
theirs, time and again, while in service and then after retirement and
then even after death?
Over to now the Services HQ react to this sacrilege.
Final Govt orders implementing SC’s rank pay judgement issued by the
Defense Ministry. SACRILEGE.
As everyone would know, the Hon’ble Supreme Court on 08 March 2010 had
decided the rank pay case in favour of commissioned officers of the
three services and had ruled that rank pay was not to be deducted from
the pay scales of defence officers. The application filed by the
Defence Ministry for recalling the order was also not accepted by the
Court and the final judgement was rendered by the SC in September
2012.
Clearly knowing that the crude bluff played out on the pay and status
of military officers ever since the 4th Central Pay Commission (CPC)
no longer remained sustainable in view of the judgement of the Apex
Court, the Union of India quickly constituted a committee to look into
the financial implications of the judgement, and then in an
unprecedented move, approached the Court again with a prayer for
recalling the order and hearing the matter afresh.
The above was submitted to the Hon’ble SC through a detailed affidavit
filed by the Ministry of Defence which inter alia stated that the
implementation of the judgement would involve rehashing of not only
the 4th CPC scales but would affect the 5th and the 6th CPCs. It was
also pointed out that it would alter payment of all consequential and
resultant benefits of officers and their families wherever applicable.
Further in a recently filed affidavit seeking extension of time for
implementation of the judgement, the Defence Ministry stated that the
implementation of the judgement relates to three successive pay
commissions, that is, 4th, 5th and 6th CPCs and also affected the
benefits of officers who had retired prior to 1986. All this is on
record. Notwithstanding the above mentioned affidavits, even logically
speaking, naturally the pay-scales needed to be upgraded through the
three pay commissions leading to the enhancement of the pay and status
of Defense officers since the deduction of rank pay from the pay
scales had been declared illegal.
As is known to all, the contentions of the Defence Ministry were not
accepted and the Court stuck to its earlier order of March 2010 with
the only modification that the interest component on the arrears would
be granted from 01 Jan 2006 instead of 01 Jan 1986.
However brushing all of the above aside and in contravention of the
spirit of the judgement and also in utter breach of their own
affidavits and statements before the SC, the Ministry of Defense
issued the final letter of implementation today, which basically, in
effect, only grants the below mentioned :-
“….and to re-fix the initial pay of the concerned officers of the
Army, Navy and Air Force in the revised scale (integrated scale) as on
01-01-1986 as per Para 6 of those instructions without deduction of
rank pay appropriate to the rank held by the officer on 01st January
1986….”
The MoD letter also states that no changes would be made in the
instructions issued after 5th and 6th CPCs except to the extent of re-
fixation necessitated due to fixation as on 01 Jan 1986.
The final implementation order issued by the Govt of India issued
today can be accessed by clicking here.
So there you have it. The Defense Ministry totally ignores the
character of the judgement as well as its own commitment before the
Court, and perhaps also the draft instructions that may have been
submitted by the three defence services to the Ministry for
implementing the judgement in letter and spirit. No change in pay
scale, status or even the scales after the 5th and 6th CPCs has been
notified. (I have slightly different point of view. It has been
mentioned in MoD letter that Instructions issued after 1996 and 2006
will not be changed except for re-fixation of pay due to re-fixation
of pay in 1986. Thus, if the pay is re-fixed in 1996 and 2006 as
recommended by Services HQ, pension would also go up as per modified
parity and Cabinet decision taken on 24.09.2012.)
The victory has been rendered redundant.
Are the defence services not a part of this nation, or do they need to
continually hanker after their own government for what is rightfully
theirs, time and again, while in service and then after retirement and
then even after death?
Over to now the Services HQ react to this sacrilege.
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