Thursday, February 3, 2011

Fourth Pay Commission Rank Pay: Refrain duplicating the court cases

Dear Friends,
Jai Hind,
A few minutes ago, President Retired Defence Officers’ Association (RDOA) rang up.
He is very disturbed because some veteran officers, who have no clue of the problem and do not know about existence of RDOA, are planning to file another case with AFT/ Supreme Court about the Rank Pay Case. Some selfish lawyers, in order to make quick buck, are further adding fuel to fire.
Those of you who do not know, RDOA was specially created by some dedicated veterans to fight the case of Rank Pay. The President of the Association and his dedicated team has done exceedingly well.
The Association has been regularly informing all its members about the progress of the case and has also been keeping "Report My Signal" informed about it. In turn, "Report My Signal" has been keeping you all informed about it.
The team of lawyers employed for this case is headed by top lawyer Shree Harish Salve, Former Solicitor General of India.
Most of you must be aware that Mr Salve on TV had expressed shock about the way Govt of India has been denying justice to Defence Services Veterans of India. The other members of the team are Shree Mahabir Singh, another top lawyer of Supreme Court, Gp Capt Bhatti and Smt Aishwarya Bhatti.
The next hearing of the case is on 24 Feb 2011. It is most likely to be decided in our favour on that date.
It is assured to you all that when this case is decided in our favour, it will be applicable to all veterans and serving officers of the three services.
If any other ill informed ESM group, misguided by selfish lawyers, files a fresh case about Rank Pay Case, the present case will go for a six. Choice is yours.
I request all the veterans receiving this email to kindly disseminate the contents of this email to maximum number of retired and serving officers of the Indian Defence Services, spread all over the world.
We will keep you informed about further progress of the case – till then please relax.
You may also visit the website of RDOA to learn complete details of the case - RDOA.
Vande Matram
In service of Indian Military Veterans
Chander Kamboj.

Dear Colleagues,
There have been quite a few mails suggesting that more officers should go in for filing court cases on the rank pay issue. This is based on the assumption that those who do not file cases may be left out of the beneficiaries' list when/if the case is decided in our favour. Anxiety on this score is understandable because Major Dhanapalan, who was the pioneer in this field, was the only beneficiary when a favourable judgment was received.
In this regard it may be known that the RDOA that has been fore-fronting the rank pay case has in its prayer included the entire affected officer community, including the widows. The judgment that is already nearing finality should therefore hopefully impact all of us that held the rank of Capt to Brigadier in the 1986-1996 period. Filing of more related cases at this stage would result in the courts grouping all such cases and this would cause delay.
While everyone is free to decide for himself, in the larger interest it may be advisable to await the final outcome of the RDOA petition.
Best regards,
Lt Gen (Emeritus) Raj Kadyan, PVSM, AVSM, VSM
Chairman IESM

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