Thursday, December 24, 2009

IV Pay Commission Rank Pay Anomaly Case

Wed, 23 December, 2009 6:36:55 PM
Dear Sir,
The case has been listed for hearing on 04 Jan 2010 in the Hon’ble Supreme Court of India, in the court of Justice Mr Markandey Katju & Justice RM Lodha (Court No 8).

It is requested that this information be put on 'Report my Signals' for info of the environment. Case in brief is given as:
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.
Col Satwant Singh (Retd)
Secy RDOA
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