Wednesday, October 3, 2012

Rank Pay: RDOA Felicitates the Legal Team


The legal team which was instrumental in getting the Armed Forces officers their legitimate dues in the landmark and historic judgment given by the Supreme Court on 04 Sept 2012, pertaining to the IV CPC Rank Pay case was felicitated on 30 Sept 2012 at DSOI Dhaula Kuan by Retired Defence Officers Association (RDOA). Over a hundred officers were present.
The function commenced with the Col Satwant Singh, Secretary RDOA, welcoming the guest present in the meeting. Col Satwant Singh, explained the sequence of the case and read out the operative part of the judgments, issued by various Courts as under –
  • The Single Judge Order passed in the case of Maj AK Dhanapalan.
  • The Supreme Court Order Passed in favour of RDOA on 08 Mar 2010.
  • Subsequent appeal filed by the Union of India against the case.
  • The Supreme Court Order of 04 Sep 12, dismissing the appeal of Union of India.
    The said order will be applicable to all affected officers of the Armed Forces with effect from 01 Jan 1986 to 01 Jan 2006. It would also be applicable to all pending cases in various courts and AFT’s across the country on the subject case.
    The interest will be applicable @ 6% wef 01/01/2006 and not 1986. This is the only change made by the apex court. The court has also directed that all arrears should be paid within outer limit of 3 months from the date of the order, 04 Sept 2012.
    It was explained by the Secretary RDOA as to how the pay/pension would be revised with the cascading affect from 1/1/86 (IV CPC), 1/1/96 (VCPC), 1/1/2006 (VI CPC). To this affect the commitment made by the UOI on an affidavit filed in the Supreme Court with financial implications of 1623 crores was also read out to the members.
    After the Secretary RDOA finished his talk, Col BK Sharma, President of RDOA, welcoming the guests, who had arrived by then, and members said that it was a proud moment in the history of the Armed forces, where a few have mustered strength to fight for the majority and seek a judgment which will benefit all officers of the three Services, holding any rank from Capt to Brig (and equivalent) on 01 Jan 1986.
    The President then formally welcomed the guests, Senior Advocate Mahabir Singh and Advocates on Record Gp Capt KS Bhati and Mrs Aishwarya Bhati. A brief introduction of each of the guests highlighting their achievements and contribution to the case was given to the members. The guests were presented bouquets on behalf of all members of RDOA.
    As a token of their commitment and unflinching support to the cause of Ex Servicemen, each of the guests were honoured with an ‘Honorarium’ amount in the form of cheque; which is nothing as compared to the Services rendered and the legal fees charged by them. As a reciprocate gesture, Senior Advocate Mahabir Singh donated Rs 50000/- to the corpus of RDOA.
    Advocate on Record Gp Capt KS Bhati requested all officers to make RDOA strong and the nodal agency to fight and stand for securing denied benefits to the veteran fraternity.
    Col Sharma also welcomed out station officers Lt General VK Oberoi, Air Marshal Savur, Maj’s NS Gill & Sadana. Speaking on the occasion Air Marshal Savur was delighted at the ‘Perseverance and Gusto’ of the RDOA team in getting the judgment. He came all the way from Bangalore to attend the felicitation.

    Lt General Oberoi was appreciative at the ‘Resoluteness’ and brain power shown by RDOA and the legal luminaries.
    Appreciations and thanks giving were also given by Cdr Ahuja on behalf of Naval Foundation, Delhi Chapter since Admiral Harinder Singh was out of the country. It would be pertinent to mention that Admiral Harinder gave his complete unconditional support for the case from day one and was always supportive of actions taken by RDOA.
    Col Kirit Joshipura, Executive Member IESM, on behalf of IESM, applauded the efforts of RDOA in getting the judgment for the benefit of all the Armed forces officers.
    Thanks Giving
    Team RDOA wishes to thank all its members in supporting it for the ‘cause’ and for all the congratulatory messages sent/expressed on phone/email.
    Team RDOA also wants to thank all others who are not members of RDOA, yet have applauded their efforts and achievements.
    The felicitations culminated with a contributory lunch.
    Next the battle for implementation instructions of the Court order begins.
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