RE: Rank pay case Digest for veteransindia@googlegroups.com - 7 Messages in 6 Topics

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Avula Bharath Bhushan

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Sep 4, 2012, 10:03:04 PM9/4/12
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Congratulations to RDOA for the excellent work done .
Wg cdr (Retd) A B Bhushan

To: vetera...@googlegroups.com
From: vetera...@googlegroups.com
Subject: Digest for vetera...@googlegroups.com - 7 Messages in 6 Topics
Date: Tue, 4 Sep 2012 21:08:52 +0000

Group: http://groups.google.com/group/veteransindia/topics
    Veterans India <vetera...@gmail.com> Sep 04 08:25AM -0700  

    New Delhi: The armed forces won a landmark victory in their long
    standing battle to get an anomaly in fixation of pay scales for
    commissioned officers noticed in the 4th Pay Commission.
     
    The Supreme Court today ordered payment of rank pay arrears to all
    affected officers estimated to number over 20,000 with effect from
    January 1, 1986.
     
    The government had been told the pay the arrears within 12 weeks.
    According to sources, the total outgo to government in making this
    payment will be over Rs. 1500 crore.
     
    Military lawyers told NDTV that historically the most important
    litigation involving the military has culminated today.
     
    The Supreme Court decided not to interfere in its earlier decision
    granting the cumulative benefits and arrears of Rank Pay with effect
    from 01-01-1986 to all affected officers.
     
    It said the benefits shall be released to all officers irrespective of
    whether they had approached a judicial forum or not.
     
    According to Major Navdeep Singh who specialises in military cases,
    this matter was carried over from the 4th Central Pay Commission (CPC)
    when an integrated pay scale of Rs. 2300-5100 was implemented for
    officers from the rank of 2/Lieutenant to Brigadier. In addition, rank
    pay was authorised to officers from the rank of Captain to Brigadier
    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
    Captain to Brigadier as on 01-01-1986 suffered cumulative losses,
    Major Navdeep Singh says. The Kerala High Court in a case filed by
    Major AK Dhanapalan had termed illegal this deduction of rank pay.
     
    Soon thereafter, many similar petitions were filed in various High
    Courts all over the country which were clubbed together and
    transferred to the Supreme Court.
     
    The Supreme Court had on March 8, 2010, upheld the Kerala High Court
    verdict and granted relief to all similarly placed officers.
     
    Things were, however, not to end there since the government
    constituted a committee to look into the amount involved and went back
    to the Supreme Court by filing an application for recall of the order
    dated March 8, 2010 on the grounds that the monetary outgo will be a
    big burden on 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, Major Navdeep explained.
     
    The biggest credit, he says should go to Retired Defence Officers'
    Association (RDOA) who had been unflinchingly following up the matter
    with great zeal in a very objective and balanced manner.
     
    "VIJAY KUMAR MAHESHWARI" <mahesh...@rediffmail.com> Sep 04 03:36PM  

    FANTASTIC> The hard work by RODA has borne fruit. Thanks to all members of RODA who fought the case on behalf of the veterans.GOD bless them all. From-- Gp Capt VK Maheshwari IAF (RETD)
     
    On Tue, 04 Sep 2012 20:55:36 +0530 wrote
    >New Delhi: The armed forces won a landmark victory in their long
     
    standing battle to get an anomaly in fixation of pay scales for
     
    commissioned officers noticed in the 4th Pay Commission.
     
     
     
    The Supreme Court today ordered payment of rank pay arrears to all
     
    affected officers estimated to number over 20,000 with effect from
     
    January 1, 1986.
     
     
     
    The government had been told the pay the arrears within 12 weeks.
     
    According to sources, the total outgo to government in making this
     
    payment will be over Rs. 1500 crore.
     
     
     
    Military lawyers told NDTV that historically the most important
     
    litigation involving the military has culminated today.
     
     
     
    The Supreme Court decided not to interfere in its earlier decision
     
    granting the cumulative benefits and arrears of Rank Pay with effect
     
    from 01-01-1986 to all affected officers.
     
     
     
    It said the benefits shall be released to all officers irrespective of
     
    whether they had approached a judicial forum or not.
     
     
     
    According to Major Navdeep Singh who specialises in military cases,
     
    this matter was carried over from the 4th Central Pay Commission (CPC)
     
    when an integrated pay scale of Rs. 2300-5100 was implemented for
     
    officers from the rank of 2/Lieutenant to Brigadier. In addition, rank
     
    pay was authorised to officers from the rank of Captain to Brigadier
     
    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
     
    Captain to Brigadier as on 01-01-1986 suffered cumulative losses,
     
    Major Navdeep Singh says. The Kerala High Court in a case filed by
     
    Major AK Dhanapalan had termed illegal this deduction of rank pay.
     
     
     
    Soon thereafter, many similar petitions were filed in various High
     
    Courts all over the country which were clubbed together and
     
    transferred to the Supreme Court.
     
     
     
    The Supreme Court had on March 8, 2010, upheld the Kerala High Court
     
    verdict and granted relief to all similarly placed officers.
     
     
     
    Things were, however, not to end there since the government
     
    constituted a committee to look into the amount involved and went back
     
    to the Supreme Court by filing an application for recall of the order
     
    dated March 8, 2010 on the grounds that the monetary outgo will be a
     
    big burden on 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, Major Navdeep explained.
     
     
     
    The biggest credit, he says should go to Retired Defence Officers'
     
    Association (RDOA) who had been unflinchingly following up the matter
     
    with great zeal in a very objective and balanced manner.
     
    ss sohi <sadh...@gmail.com> Sep 04 08:09PM +0530  

    *Copy of Msg From Retired Defence Officers Association,*
     
    The IV CPC Rank Pay Case was finally heard today ie 04 Sept 2012, in Court
    no 7, in the court of Hon’ble Justices RM Lodha, TS Thakur and Anil S Dave.
    The appeal file by UOI for recall of order of the Hon’ble Court dated 08
    March 2010 was dismissed by the Court. The court upheld its order of 08 Mar
    2010. The Solicitor General spent marathon four hrs to convince the court
    about the legitimate deduction of the rank pay but was not able to justify
    the deduction of rank pay and as to fitment of pay of AF officer vis a vis
    a civilian offr drawing same basic pay as on 1/1/1986.
     
    The said order will be applicable to all affected offrs of the AF wef
    01/01/1986 to 01/01/2006 across board. It would also be applicable to all
    pending cases in various courts and AFT’s across the country on the subject
    case.
     
    The interest will be applicable @ 6% wef 01/01/2006 and not 1986. This is
    the only change made by the court. The court has also directed that all
    arrears should be paid within outer limit of 3 months from today ie 04 Sept
    2012.
     
    So, the pay and pension of all affected officers of the AF are set to
    revise from 01/01/1986.
     
    Finally Three Cheers!! SATYAMEV JAYATE
     
     
    *AS*
     
    ss sohi <sadh...@gmail.com> Sep 04 08:03PM +0530  

    ---------- Forwarded message ----------
    From: TB RA <secy...@gmail.com>
    Date: Tue, Sep 4, 2012 at 5:48 PM
    Subject: Rank pay Case decided by Supreme Court. All offrs in service on 1
    Jan 1986 to get arrears
    To:
     
     
    Rank Pay forms part of basic pay, release arrears to affected offrs with 6
    % interest rules Supreme Court
     
    Perhaps historically the most important litigation involving the military
    has culminated today.
    The Hon’ble Supreme Court has decided not to interfere in 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.
     
    Read complete details at http://www.indianmilitary.info/
     
    ss sohi <sadh...@gmail.com> Sep 04 05:11PM +0530  

    Dear Veterans,
    Our heartiest CONGRATS to RODA team for their historical win over Babus.
    Rgds.
    Col Sohi. 9815107744.
    Mohali.
     
    ---------- Forwarded message ----------
    From: Brig Opinder Singh <opi...@yahoo.com>
    Date: Tue, Sep 4, 2012 at 4:53 PM
    Subject: RANK PAY.....ARMED FORCE OFFICERS
    To: col rp chaturvedi <rpchat...@gmail.com>
     
     
     
    HERE IS SOME GOOD NEWS FOR VETERANS...... AND SERVING OFFICERS..... PLEASE
    READ THE FOLLOWING MAIL. Rank pay sanctioned by government and denied by
    deceiving bureaucrats in 1986 stands granted by the Supreme Court.Hope we
    all get our dues from this ........ system .(Team RDOA stands for Retired
    Defence Officers Association)
     
    ------------------------------
    *From:* Rakesh Prasad Chaturvedi <rpchat...@gmail.com>
    *To:* Retired Defence Officers Association <rdoa...@gmail.com>
    *Sent:* Tuesday, 4 September 2012 3:23 PM
    *Subject:* colrpc-choice:1659) Congratulations and Well Done
     
    Dear Team RDOA,
    Heartiest Congratulations and the Appreciation of the entire Veteran
    community on winning the case for Rank Pay in Supreme Court.
    Well Done and God Bless.
     
    With Warm Regards,
    Col RP Chaturvedi,
    A-35, Sector 36,
    Noida 201303.
    Mob: +919891279035
    E Mail ID: rpchat...@gmail.com
    *
    *
    Nescit Cedere
     
    --
    THROUGH MUD AND BLOOD, TO THE GREEN FIELDS BEYOND
     
     
    To unsubscribe from this group, send email to
    colrpc-choic...@googlegroups.com
     
 FW:
    "wininder chona " <winind...@hotmail.com> Sep 04 12:29AM  

    The shortage of offrs has been perpetuating the 70s and Govts have failed to concrete steps to fill the gap. Govt expects 100 %battle worthiness of the units. Sad state of affairs. Chiefs of the 3 Services raixe their hans up if they have the moral courage like Gen VK Singh.the offrs prestige merits to upgraded. PSOs, Army Cdrs= Secy, Maj Gen= Addl Secy & so on. If the Govt doesnot give Services their due, the consequences cld be grave. Prevent it now. We must rise to seek our rightful dues.
     
    Sent from my Nokia phone
    -----Original Message-----
    From: vetera...@googlegroups.com
    Sent: 04/09/2012 3:08:12 am
    Subject: Digest for vetera...@googlegroups.com - 3 Messages in 2 Topics
     
    =============================================================================
    Today's Topic Summary
    =============================================================================
     
    Group: vetera...@googlegroups.com
    Url: http://groups.google.com/group/veteransindia/topics
     
    - THE LOYAL INDIAN SOLDIER STANDS ALONE [2 Updates]
    http://groups.google.com/group/veteransindia/t/87d0080064ac59f7
    - A simple guide book on Defence pension in Hindi Free down load. [1 Update]
    http://groups.google.com/group/veteransindia/t/50b13e303d1067f6
     
     
    =============================================================================
    Topic: THE LOYAL INDIAN SOLDIER STANDS ALONE
    Url: http://groups.google.com/group/veteransindia/t/87d0080064ac59f7
    =============================================================================
     
    ---------- 1 of 2 ----------
    From: Bidyadhar Nayak <bidy...@gmail.com>
    Date: Sep 03 07:02AM +0530
    Url: http://groups.google.com/group/veteransindia/msg/82703029e1082f35
     
    The loyal Indian soldier stands alone -
     
     
    It is with a sense of disbelief that one hears the Indian minister of state
    for defence, sitting in his cozy air-conditioned seminar room,
    pontificating that 'it is unbecoming' of former soldiers to protest against
    the treatment meted out to them by the government. So here's a non-soldier
    making a public protest. One hopes that it is not below the dignity of the
    minister to read this.
     
    The minister would not have dared to make such a
     
    comment had the protestors been a part of his or his party's vote bank. The
    fact that the Indian armed services do not go public with their grievances
    does not mean that they do not have any concerns and the fact that they
    have been forced to come to the streets should make the minister and his
    government acknowledge how desperate the situation might be.
    Click here!
     
    The Indian government is fooling itself if it thinks that by dragging its
    feet on the issue of the armed forces dissatisfaction with the
    recommendations of the Sixth Pay Commission, it can make the issue go away.
     
    A country that refuses to respect its armed forces will eventually end up
    getting forces that will not respect the nations' aspirations. A country
    makes a sacred contract with its soldiers that while he/she will lay down
    his/her life when called upon to do so, the nation will take good care of
    his/her and his/her family's needs to the extent its resources would permit.
     
    This contract underpins the very survival of a nation as when its
    territorial integrity and political independence are under threat, the
    nation looks upon the only instrument that can protect it -- its armed
    forces.
     
    While all governments have to look for a considered bargain between their
    commitments and power and between power and resources, a responsible
    government will always be aware of the serious implications of not spending
    adequate resources on defence.
     
    The debate as it has been made out to be in some quarters between defence
    and development is a spurious one. Unless adequate provisions are made for
    defence, no state will be able to pursue its developmental agenda. This is
    much more important for a country like India [ Images ] that faces a unique
    security environment with two of its 'adversaries' straddling it on two
    sides of its borders and problems on all sides of its periphery.
     
    A government can keep spouting pious rhetoric about global peace and
    non-violence but it realises fully that force is the ultima ratio in
    international relations. Politics among nations is conducted in the
    brooding shadow of violence. Either a state remains able and willing to use
    force to preserve and enhance its interests or it is forced to live at the
    mercy of its militarily powerful counterpart.
     
    Even Nehru, after neglecting defence for all the years after independence
    had to eventually concede in 1962 that India's military weakness 'has been
    a temptation, and a little military strength may be a deterrent.'
     
    The Indian public and press remain apathetic on defence issues. We make
    Kargil [ Images ] into a television spectacle, an opportunity for our
    journalists to try to show their temporary bravery by going to the
    frontlines for a few hours and getting the excitement of covering a war
    from the inside. And then when it is all over, our soldiers have been
    interred into their graves, we move on to new and more exciting spectacles
    -- to our song and dance reality shows and saas-bahu sagas, forgetting that
    soldiers are still on guard.
     
    This is a nation that will cry with Lata Mangeshkar [ Images ] when she
    sings Aye Mere Watan Ke Logon but will not make any effort to understand
    the real problems and concerns of its soldiers. It is a sign of the highly
    skewed priorities of the Indian media that the rising turmoil and
    dissatisfaction within the ranks of nations' armed forces is being given
    only perfunctory coverage.
     
    It is an issue of nation's very survival yet the media seems busy with its
    devotion of superficialities. Every rave and rant of Bollywood actors is
    religiously covered, detailed dissection of seemingly never-ending cricket
    matches are conducted, exorbitant pay rises in the corporate sector make it
    to the headlines but the one issue that can make or break the future of
    this country is consigned to the margins.
     
    We continue to pray at the altar of our false heroes while our real heroes
    continue to face neglect and scorn.
     
    The armed forces feel they have never got their due from various pay
    commissions over the years but the government in its wisdom decided to keep
    the armed forces away from any representation in the latest Pay Commission.
    The dominance of bureaucrats meant that while the interests of the
    bureaucrats were well-recognised, the armed services once again ended up
    getting a raw deal.
     
    The discontent is so serious that some of the best and brightest in our
    services have refused to go for the Higher Command Courses and more and
    more are seeking an early retirement. Indian armed forces are desperately
    trying to fill vacancies as other professions are luring the young of the
    country.
     
    Against the sanctioned strength of 300 per batch, the National Defence
    Academy finds that it can only attract 192 cadres this year. The same story
    repeats itself in the Indian Military Academy. A country that purports to
    be a rising power is facing a shortage of more than 11,000 officers.
     
    The reason is pretty obvious: One can't think of any major power in the
    world that treats its soldiers the way India does. It is indeed a sorry
    sight when India's bravest have to literally cry out for help from a
    callous politico-bureaucratic elite.
     
    Our politicians remain more than willing to waste tax payers money by
    routinely boycotting Parliament and have never shied away from increasing
    their own pay and allowances, claiming that they remain underpaid. Yet
    those who defend the sanctity of Parliament are given a short shrift.
     
    The abysmal knowledge of defence issues that pervades the Indian political
    class probably gives them an illusion that the country is being protected
    by divine blessings.
     
    Political apathy and bureaucratic design are rapidly eroding the
    self-esteem of our forces. A functioning liberal democracy needs a loyal
    soldier that can take care of the state's security, allowing the state to
    look after its citizenry. In India, the State is gradually withering away,
    all that's left is the loyal soldier. How long will this soldier, under
    siege from all sides, remain steadfast to its commitments, is a question
    all Indians should seriously ponder on.
     
    Stand up for the Indian soldier!
     
    By - Dr. Harsh V Pant
     
     
    Regards.
     
     
    Bidyadhar Nayak
     
     
    ---------- 2 of 2 ----------
    From: Asha Uberoy <ubero...@gmail.com>
    Date: Sep 03 10:28AM -0700
    Url: http://groups.google.com/group/veteransindia/msg/d054b736f7ebde0a
     
    who is dr harsh pant. very well written.the politicians
    think nothing can move them.they are living in a bubble
    which will soon burst. when the army was being planned at the time of
    partition the new defence minister krishna menon
    said keep these soldiers secluded in cantonements and
    dont let them interact with the other people.like pigeons in pigeon
    holes.i did a study at the archivesof the parliament where all these
    discussions are recorded.
    asha uberoy
     
     
     
     
    =============================================================================
    Topic: A simple guide book on Defence pension in Hindi Free down load.
    Url: http://groups.google.com/group/veteransindia/t/50b13e303d1067f6
    =============================================================================
     
    ---------- 1 of 1 ----------
    From: Muthu Krishnan <cm_k...@yahoo.co.in>
    Date: Sep 03 04:33PM +0800
    Url: http://groups.google.com/group/veteransindia/msg/7564d81876649c3d
     
    Dear Sir,
    We have written a simple defence pension guide book in Hindi and uploaded
    in the net. Please click here for downloading.
    Please circulate to all ex-servicemen and give us the feedback.  It is a free download.
     
     
    For feedback pl. send mail to:  muth...@gmail.com
     
    and visit out blogs: www.indianexservicemen.blogspsot.in and www.exweltrust.blogspot.in
    and another blog in Tamil  : www.ungalvalikatti.blogspsot.com
     
    Thanking you,
    Yours sincerely,
    Sgt.C.Muthukrishnan.
    Exwel Trust.
    Mobile.9894152959
     
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Ajit Rana

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Sep 5, 2012, 12:04:30 AM9/5/12
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Well done RODA. I call this attitude of RODA as doggedness. 

With best wishes
Col Ajit Singh Rana
+919650804787
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