Thursday, July 15, 2010

Supreme Court Restores Rank Pay denied to Military since 1986

Gist of Rank Pay Judgment of the Supreme Court of India
The matter was heard and finally disposed of by the Hon'ble Supreme court by the Bench of Hon'ble Mr. Justice Markendey Katju & Hon'ble Mr. Justice R.M. Lodha today i.e. 08.03.2010 (Court-7, Item-84). The Apex Court has held that the judgment dated 05.10.1998 of the Hon'ble Single Judge of Kerala High Court in P.P. No. 2448/1996 as confirmed by the Hon'ble Division Bench of the same High Court in W.A. NO. 518/1999 (Appeal) was correct and reasonable and as such the benefit of this judgment be extended to all eligible officers of Armed Forces. The Hon'ble Apex Court awarded 6% interest on the amount due to the officers. The Hon'ble Supreme court disposed of the transfer petition and allowed the writ petitions of the petitioners. Since the Rank Pay has been deducted from the Basic Pay and all calculations are worked on basic pay it involves refixing of basic pay and working out emoluments on that basis and then working out arrears from 01-01-1986.
Supreme Court Judgment to restore Rank Pay dues, being denied to Defence Officers from 1.1.1986, is not a Bonanza but late Pay.
Brig KG Behl (Retd)
President Dehradun Ex-Services League.
Rank Pay denied to Military haunts MOD

Neglect of the Army
Over the years the logic of the Government in contesting every order the Supreme Court has passed in favor of Armed Forces personnel is difficult to understand. Even in the case of fixation of Major Generals' pension the Government appealed multiple times and intentionally delayed filing its replies. Eventually the Government had to pay as per the orders with 12 % interest. This shows the malicious intent of the persons concerned. Only recently the Solicitor General had to request the Supreme Court to soften its remarks in the case of Capt CS Sidhu, when it had said that the Government treats its soldiers worse than beggars!
Neglect of the Army

Unfair to military personnel- They must get their due by Lt-Gen Vijay Oberoi (retd)

The BJP chief also demanded that the government withdraw its application filed before the Supreme Court requesting it to rehear the case relating to anomalies in the Fourth Pay Commission regarding rank pay to armed forces personnel besides the revised pay scales.

"When the Supreme Court judgment came for putting this anomaly right, the government instead of obeying the order filed an application to rehear the case and modify the order. This, to say the least, is tantamount to a grossly hostile government attitude towards the ex-servicemen," he said.
Redress the grievances of ex-servicemen, BJP president Nitin Gadkari

Can a fraud detected by the apex court be wished away due to its financial cost, the veteran asks.
Rank Pay: Lt-Gen writes to Sonia against Centre's appeal

No comments:


The contents posted on these Blogs are personal reflections of the Bloggers and do not reflect the views of the "Report My Signal- Blog" Team.
Neither the "Report my Signal -Blogs" nor the individual authors of any material on these Blogs accept responsibility for any loss or damage caused (including through negligence), which anyone may directly or indirectly suffer arising out of use of or reliance on information contained in or accessed through these Blogs.
This is not an official Blog site. This forum is run by team of ex- Corps of Signals, Indian Army, Veterans for social networking of Indian Defence Veterans. It is not affiliated to or officially recognized by the MoD or the AHQ, Director General of Signals or Government/ State.
The Report My Signal Forum will endeavor to edit/ delete any material which is considered offensive, undesirable and or impinging on national security. The Blog Team is very conscious of potentially questionable content. However, where a content is posted and between posting and removal from the blog in such cases, the act does not reflect either the condoning or endorsing of said material by the Team.
Blog Moderator: Lt Col James Kanagaraj (Retd)