In the case of Maj AK Dhanapalan Vs Union of India in OP 2448/96, The Hon’ble High Court of Kerala allowed the plea of the officer and held that the deduction of the rank pay was not correct and directed to re fix the basic pay of the officer from 1.1.1986. Appeal filed by the Union of India before the larger bench of the High Court & SLP in the Hon’ble Supreme Court against the judgment was dismissed. Although Govt sanction to pay arrears to Maj AK Dhanapalan were issued, the benefit was not extended to similarly placed officers of the three Services.
Similar cases were filed by a large number of officers in various courts throughout the country. The Supreme Court of India directed that such of the cases be transferred to the apex court. Retired Defence Officers Association (RDOA) has been able to transfer one of the ‘lead cases’ from Kerala to the Supreme Court.
The case was ‘mentioned’ in the court of Chief Justice of India on 22 Oct 2009. The court has passed orders that the case be listed for arguments in Jan 2010.
Secy RDOA
(Retired Defence Officers’ Association, New Delhi, a registered organisation)
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http://rdoaindia.googlepages.com
http://retiredofficersforum.googlepages.com
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