Wednesday, April 28, 2010

4th Pay Commission Rank Anomaly: GOI Prays before the Supreme Court

Dear Brig,
Union of India has moved an application in SC for Directions seeking Modification/ Directions/ Recall of Order dated 8th March 2010 regarding their Rank Pay Case.
May I, request you to give this a wide publicity.
With best regards,
Lt Col BK Sharma (Retd)
President, RDOA

It is, therefore, most humbly and respectfully prayed that this Hon'ble Court may be pleased to pass the following orders:-
(a) Recall the order dated 8th March 2010.
(b) Upon notice, re-hear all the cases on merits.
(c) Admit Writ petition Nos. ... grant rule and hear them finally.
(d) Call for the records of the Writ Petitions filed in the various High Courts and after the completion of pleadings, hear the same finally.
(e) Pending further orders on the application grant an ad interim stay of the order dated 8th March 2010.
(f) Pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.
Filed by: Advocate for the petitioner
Settled By: Sh Gopal Subramanium, Solicitor General

1. Another delaying tactic route taken by bureaucrats to confuse the Politicians and the Public. Intention of GOI is to cheat the Military fraternity and stall the implementation of the Judicial Rulings. The Army, Navy and Air HQs seems to have no visible influence to ensure justice for its ESM! Sadly the bureaucrats have removed the sting of the armed forces literally. It is now to be seen whether we are geared up to fight any battle or will they forever remain belittled and buckled? The only Veteran who has got his entitlement is Maj Dhanabalan Click here: Danapalan vs Union Of India on 13 September, 2001
2. ALL SERVING Offrs commissioned from 1/1/86 upto 31/11/05 are also affected. Therefore respective Service HQs MUST counter this move by babus.
Brig Autar Singh (Retd)
3. The judgement has far reaching consequences. The Pay and Allowances and pension 4th and 5th Pay Commission would have to be worked out afresh. The Govt has no grounds to make prayer to recall the judgement. We must fight this tooth and nail to defeat the unjustified designs of the Govt. Why are they heaping injustices upon the soldiers is a matter of great concern to the whole Nation? Let us give it widest of publicity to tell the people of India our grave concerns and the Govts negative attitude.
Maj Gen (Retd) Satbir Singh, SM
4. Is there NO ONE IN THE COUNTRY (OPPOSITION---BJP, Left, SP, RJD. BSP etc, OR our dear SUPREME COMMANDER or JUDICIARY or RULING PARTY i.e. UPA-II) who can see the truth/realty/injustice to the Nation/Public (at large & the personnel of the Defense Services, both Serving/IESM; in particular) and raise their voice against the INJUSTICE being done to ALL THE DEFENCE SERVICES' PERSONNEL (both SERVING and RETIRED) who are directly affected due to the game played by the AUTHORITIES, RESPONSIBLE FOR IMPLEMENTING the awards of the CPCs. EVEN THE SERVING PERSONNEL too would be directly affected by the increase in their Pay a result of higher basic pay, after the award of IV CPC and also the subsequent awards and also the FUTURE CPCs..which are based on the last pay drawn. This is causing such a SEVERE BLOW TO THE PEOPLE IN UNIFORM and whose morale (and hence the health of the Nation) is directly affected by such IMMORAL ACTS. I am surprised that these things (i.e. filing of review petitions and all) are happening during the premiership of one of the best and highly educated & respected (and not an illiterate POLITICIAN---in the real sense) PMs of Independent India. I pray to God that good sense prevails in the minds of the POWERs that be and they do not take the DEFENCE SERVICES for GRANTED and it does not BOUNCE BACK. The politicians will realise this on their own peril BUT BY THAT TIME IT MAY BE TOO LATE! LET US INITIATE SOME DRASTIC ACTION and MAKE IT A MASS MOVEMENT.
Wg Cdr Subhash Bhutani (Retd)
5. Mr Anthony gave a stealth blow beneath the belt. Let us not panic. Any quick knee jerk reaction will do lot of damage. The game being played is to gain time and pass on the buck to the next Govt. Secondly it hurts their political vote catching plans of doling out money. So much surprising is that we are not asking for any favours. We are asking for our legitimate dues. Having robbed us and our families for 25 years MOD is playing their favorite game of litigation. It anger should be expressed in parliament. Let us stick to the Panchtantra saying: "UNITED WE STAND and DIVIDED WE FALL". MOST IMPORTANT FEATURE OF THIS CASE IS THAT IT AFFECTS NOT ONLY THE RETIRED BUT ALSO THE SERVING OFFICERS. I AM SURE AT LEAST TWENTY FIVE THOUSAND SERVING OFFICERS ARE AFFECTED. IT IS FOR THE CHIEF TO STAND AND UP AND ASK THE CDA TO RECTIFY THE WRONG. We must also insist the culprits should be punished.
Brig K M Rao Veteran.

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