Tuesday, April 19, 2011

IV Pay Commission Rank Pay Anomaly Case- Update

References
  • Rank Pay- Military Officers Reduced in Rank?
  • GOI Prays to Supreme Court

    IV Pay Commission Rank Pay Anomaly Case
    In the case of Maj AK Dhanapalan Vs Union of India in OP 2448/96, The Hon’ble High Court of Kerela 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 Kerela to the Supreme Court.
    As on 15 APR 2011
    The case had come up for hearing on 13 Apr 2011 in court no 13. UOI requested for more time and has yet not filed the affidivit as asked for by the court. The next date of hearing is scheduled for 25 Apr 2011.
    As on 09 Mar 2011
    The case was heard today in the court of Justice Aftab Alam & Justice RM Lodha. UOI sought further four weeks time to file affadivit as asked by the apex court which was granted. The next date of hearing has been fixed for 13 Apr 2011.
    As on 24 Feb 2011
    The case was heard today in the court of Justice Shri Aftab Alam & Justice Shri RM Lodha. There were partial arguments on the pay fixation as per recommendations of the IV Pay Commission.The court has asked UOI to file an affadivit on the pay fixation of civilian officers drawing the same basic pay as army officers as on 01/01/86 as recommended by the IV Pay Commission. The next date of hearing has been fixed as 08 Mar 2011.
    As on 05 Jan 2011
    The case was heard on 03 Jan 2011 in the court of Justice RM Lodha & Justice Aftab Alam. The court ordered that the case be put up on 24 Feb 2011 for final disposal.
    As on 06 DEC 2010
    The case had come up for hearing today-06 Dec 10. The next date of hearing has been fixed for 03 Jan 2011.
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