Rank Pay: CDA (O) Pune News Flash

Ref: CDA(O) Pune: News Flash

Supreme Court Verdict regarding Rank Pay and related matters and Undertaking (25/09/2012)
CDA (O) Pune Instructions and Undertaking- Click here

All reitred/ released Army officers who were in service in the rank of Capt to Brig as on 01/01/86, are requested to furnish their details in the appended format at the earliest to PCDA(O), Pune so that arrears on account of pay revision with effect from 01/01/86 in view of the order of Hon'ble Supreme Court may be credited in the bank account". (28/09/2012)
Click here for the Appended Format

Rank Pay: RDOA Felicitates the Legal Team

FELICITATIONS: LEGAL TEAM IV CPC RANK PAY CASE: 30 SEPT 12

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.
SECY RDOA

IESL and IESM need to introspect?

What are IESL and IESM doing for their living?
ESM organisations mission is to serve India's Veterans and their families with dignity and compassion and to be their principal advocate in ensuring that they receive medical care, pension benefits, social support, and lasting memorials promoting the health, welfare, and dignity of all Veterans in recognition of their service to our Nation. Sadly RDOA's victory in the supreme court regarding the Rank Pay benefitting over 20,000 Officers has not got support from the larger organisations with membership perhaps running into lakhs (membership is primarly meant to collect funds and spin them for partisan purposes perhaps).
Can these organisations really boast of any tangible results they have brought out for the larger veteran community in the last few years except making a hue and cry in the blue. It seems these organisations with teeth have no bite and are akin to the MOD- It is Farewell to Welfare!
Remembrance of our Cause
A Poem- tribute to a Soldier

Immortalized Soldiers Whose Bravery Abounds
They¹re Our Husbands, Fathers, and Sons
They Enlisted For the Duty at Hand
To Serve the Cause of Country and Land:
They Had Honor, They Had Valor,
They Found Glory That Change Them Forever
Men Standing Tall and Proud They be
A Country Behind Them in a Solemn Sea
So Let the Flags of Freedom Fly
Unfurled in Their Majesty High:
In the Sun, In the Rain
In the Winds Across This Land
Years of Tears Has Brought Us Here
Gathering Around to Hear This Sound
So Let the Flags of Freedom Fly
Unfurled in Their Majesty High:
In the Sun, In the Rain,
In the Winds Across This Land

Rank Pay Landmark Judgement boosts the sagging morale of Armed Forces Personnel

Wednesday, September 5, 2012
LANDMARK DAY FOR DEFENCE OFFICERS- RANK PAY CASE - AISHWARYA.
Dear All,
We finally won, this matter was not merely a case but a mission for us!!!
And our patience and efforts were tried to the extreme... despite the earlier final order of the Supreme Court, the fruits of success kept on alluding us since the UOI chose to take the most unusual course of persuing a recall application, which was heard on several dates over the last 2 years.
Today, after marathon arguments from morning till almost rising of the Court and several anxious moments of flips and flops, the Judges were finally convinced and saw through the flimsy excuses of the Govt.
It is my priviledge and pleasure to announce that justice finally prevailed, please see the following note for details and circulate to all retired and serving officers and their kin so they can finally get their dues.
Congrats and regards,
Aishwarya.
Litigation Legend for the Legal Luminaries
LANDMARK DAY FOR DEFENCE OFFICERS- RANK PAY CASE Subject : I.A. NO. 9 IN T.P. (Civil) 56 of 2007 – UOI & Others Versus N.K. Nair & Others.

The aforesaid matter along with connected matter came up for hearing before the Hon’ble Supreme Court of India before a Bench of Hon’ble Mr. Justice R.M. Lodha, Mr. Justice T.S. Thakur and Mr. Justice Anil R. Dave before Court No.7, Item No. 9 today i.e. 04.09.2012.

This was an application filed by UOI for modification/directions/recall of order dated 08.03.2010 passed by this Hon’ble Court in T.P. (Civil) No. 56 of 2007 and other writ petitions, by which the Hon’ble Supreme Court had agreed with the reasoning of the Kerala High Court in the case of Major Dhanapalan and directed proper fixation of rank pay from 01.01.1986 and interest @ 6% per annum.

The core issue in these petitions is with regard to the wrong fixation of rank pay awarded by the Fourth Pay Commission by the Union of India.

The background to the core issue is that in the fourth pay commission, the element of rank pay was introduced for all ranks from Captain to Brigadier in the Army and their equivalent ranks in the Air Force and Navy, in addition to pay in the integrated scale. The rationale of this was to make the Armed Forces an attractive career option and to continue the edge that was always provided to the defence officers vis-à-vis their civilian counterparts, owing to the difficult and challenging nature of job profile.

However, at the time of fixation, the rank pay was first deducted to arrive at the total emoluments and thereafter added after fixation in the integrated scale. This ensured that the final fixation of the total pay of the officer became at par with his civilian counterpart and the edge was neutralized during fixation.

The issue is particularly significant since the services have a longstanding grievance that they get a raw deal from the bureaucrats who have systematically worked on ensuring that the historic edge that the defence officers had with respect to their civilian counterparts is first neutralized and eventually reversed. Interestingly, in this case also the Armed Forces (Army-Navy and Air Force) and the Chiefs of Staff Committee had recommended not to persue the litigation further, however, the Ministry of Defence chose to press the application for recall on several grounds including a total financial liability of about Rs. 1600 crores.

Major A.K. Dhanapalan was the first officer to challenge this erroneous fixation before the Hon’ble Kerala High Court in O.P. No. 2448/2006. The Hon’ble Single Judge, Kerala High Court vide order dated 05.10.1998 found no justification in deducting the rank pay and directed the UOI to re-fix the pay without deducting the rank pay. The Hon’ble Division Bench of the High Court also affirmed finding of the Ld. Single Judge and dismissed the Writ Appeal No. 518/1999 of UOI vide order dated 04.07.2003. The UOI challenged the dismissal before the Hon’ble Supreme Court which was also dismissed vide order dated 12.07.2005 in SLP (Civil) No. CC-5908/2005.

Thereafter, several petitions were filed by similarly placed officers before different High Courts and different benches of Armed Forces Tribunal. However, because of the pendency of the aforesaid I.A., the entire issue was in limbo and no benefit had been granted to the deserving officers, apart from the individual case of Major A.K. Dhanapalan.

Today, the Hon’ble Supreme Court dismissed the Application of Union of India finding no merits or grounds. While doing so, the Hon’ble Supreme Court has also directed the UOI to re-fix the pay of affected officers from 01.01.1986, without deducting the rank pay.

The Hon’ble Supreme Court has also directed the UOI to pay interest @ 6% p.a. from 01.01.2006 to all the officers, whether or not they have filed any petition before any of the High Courts or Benches of Armed Forces Tribunal, within 12 weeks from today. The Hon’ble Court has also directed that all pending petitions before any of the High Courts or Benches of Armed Forces Tribunal, by similarly placed officers will be governed by this order.

This order of the Hon’ble Supreme Court will benefit a large number of officers who were in the rank of Captain to Brigadier in the Army and equivalent ranks in the Air Force and Navy, between 01.01.1986 to 01.01.2006.

The matter was argued by the Ld. Solicitor General for India on behalf of UOI and defended by Gp Capt Karan Singh Bhati, Advocate-on-record and Ms Aishwarya Bhati, Advocate-on-record on behalf of a large number of individual officers and Retired Defence Officers Association.
Ms. Aishwarya Bhati
Advocate-on-Record
Supreme Court of India.
18 Todermal Road,
Bengali Market,
New Delhi-1
LANDMARK DAY FOR DEFENCE OFFICERS- RANK PAY CASE - AISHWARYA

Rank Pay: RDOA Rides High: Supreme Court Confirms its 2010 Order

REPORT MY SIGNAL
GREAT NEWS FOR ALL RETIRED DEFENCE OFFICERS - WE HAVE WON THE RANK PAY CASE IN SUPREME COURT
HEARTIEST CONGRATULATIONS TO ALL RETIRED DEFENCE OFFICERS
IN PARTICULAR TO THE RETIRED DEFENCE OFFICERS ASSOCIATION
WHO HAVE FINALLY WON THE CASE OF RANK PAY IN SUPREME COURT ON 04 SEP 2012.

THE SOLICITOR GENERAL FOUGHT TOOTH AND NAIL NOT TO ALLOW THE CASE. AND THEN TO ALLOW RANK PAY ONLY TO THOSE WHO WERE PART OF THE RETIRED DEFENCE OFFICERS ASSOCIATION.

LT COL BK SHARMA, CHAIRMAN RETIRED DEFENCE OFFICERS ASSOCIATION AND HIS ABLE LAWYER AGAIN ARGUED VERY STRONGLY AND GOT THE RANK PAY CASE APPROVED FOR ALL RETIRED DEFENCE OFFICERS, WHETHER MEMBER OF THE RETIRED DEFENCE OFFICERS ASSOCIATION OR NOT.

GOVERNMENT HAS TO PAY ALL ARREARS WITHIN 12 WEEKS OF PASSING THE ORDER.
INTEREST ON ARREARS WILL BE PAID WITH EFFECT FROM 01 JAN 2006 AND NOT FROM 01 JAN 1986 AS SHOULD HAVE BEEN.

IT IS A GREAT JOB DONE BY LT COL BK SHARMA, CHAIRMAN RETIRED DEFENCE OFFICERS ASSOCIATION AND HIS ENTIRE TEAM OF THE ASSOCIATION.

ON BEHALF OF YOU ALL I CONGRATULATE LT COL BK SHARMA AND HIS ENTIRE TEAM FOR HAVING WON THIS CASE INSPITE OF THE BABUS TRYING THEIR LEVEL BEST TO DEFEAT US AND EMPLOYING UNFAIR MEANS.

FURTHER DETAILS WILL FOLLOW AFTER COPY OF THE COURT ORDER IS RECEIVED.
SATYAMEV JAITE
EMAIL ID OF LT COL BK SHARMA IS - beekay_sharma49@yahoo.co.in
I am sure you will give this information widest possible publicity.
In service of the Retired Personnel of All Ranks of the Armed Forces of India
Chander Kamboj

Solicitor General Spins the Supreme Court for four hours

Tuesday, September 4, 2012
IV CPC RANK PAY CASE AS ON 04 SEPT 2012
The IV CPC Rank Pay Case was finally heard today ie 04 Sept 2012, in Court no 7, in the court of Hon’ble Justices RM Lodha, TS Thakur and Anil S Dave. The appeal file by UOI for recall of order of the Hon’ble Court dated 08 March 2010 was dismissed by the Court. The court upheld its order of 08 Mar 2010. The Solicitor General spent marathon four hrs to convince the court about the legitimate deduction of the rank pay but was not able to justify the deduction of rank pay and as to fitment of pay of Armed Forces officer vis a vis a civilian offr drawing same basic pay as on 1/1/1986.
The said order will be applicable to all affected offrs of the Armed Forces (AF) wef 01/01/1986 to 01/01/2006 across board. 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 court. The court has also directed that all arrears should be paid within outer limit of 3 months from today ie 04 Sept 2012.
So, the pay and pension of all affected officers of the AF are set to revise from 01/01/1986.
Finally Three Cheers!! SATYAMEV JAYATE
IV CPC RANK PAY CASE AS ON 04 SEPT 2012
Comment: What will be impact of changes of Basic Pay of Fifth and Sixth PC's (1996 and 2006). Will the Government take ages for paying the arrears. The case has taken nearly 20 years, thanks to MOD, SLP's and friendly AG!

Rank Pay and OROP to be discussed in the Winter Parliament Session

IV PAY COMMISSION RANK PAY ANOMALY CASE & OROP
Dear Sir,
The core group of RDOA consisting of Lt Col BK Sharma - Chairman Retired Defence Officers Association, Col VK Anand and Lt Col Satwant Singh met Mrs Sushma Swaraj, leader of the Opposition in the Lok Sabha today ie 11 Sept 2010 at 1230hrs and briefed her on:

OROP: An RTI application was filed by RDOA seeking information as to why it was not feasible to give OROP. Brief containing replies received there to was handed over to her.

Rank Pay Anomaly Case: A synopsis of the case along with the Supreme Court Judgment dated 08 Mar 2010 & Interlocutory Appeal filed by the UOI with a copy of letter written by Shri Nitin Gadkari, National President, Bharatiya Janata Party to the Prime Minister of India dated 06 July 2010 on the Rank Pay case as well as other issues / grievances of Ex Servicemen seeking withdrawl of the application was given to her.

It was also pointed out that on one hand the Law Minister says that the Govt should not be an unnecessary litigant and on the other hand here was a classic case wherein the Govt has gone in for a deliberate litigation denying the officers their legitimate dues.

Mrs Sushma Swaraj assured the core Group that both the cases would be taken up during the coming winter session of Parliament. It is requested that vide publicity be accorded through your RMS and network
Thanking you
Secy RDOA

ECHS inputs

We have received a large number of feedback/ problems being faced by ex serviceman on ECHS. The Secretary RDOA had a meeting/ discussion with the MD ECHS on 25 Jan 08 on the issues involved. Clarifications are given as follows. Members are requested to disseminate the info for the benefit of ex serviceman/ fellow members.

The ECHS is under the MOD and not under the Ministry of Health.

Empanelment of Hospitals. The proposed revised rates were given by the DG Health Services for CGHS which have to be made applicable to ECHS also. These rates are unrealistic. A presentation has already been given by the MD ECHS to the Raksha Mantri on the rates position. A decision is expected soon. In the meantime hospitals have been requested to treat terminally ill patients at the previous rates till such time the new rates are given a fresh look for implementation. Case is on priority resolution. RDOA will also be requesting the Hon’ble Raksha Mantriji to resolve the issue at the earliest.

Issue of Death Certificate. Instructions are under issue to the polyclinics to issue death certificate in the event a patient dies in the polyclinic and avoid unnecessary harassment to families of ex serviceman as has happened in a few reported cases.

Decentralization of financial powers for treatment. Regional ECHS have been empowered to undertake expenditure upto 5 lakhs on a patient and there is no need to seek permission from Delhi. Patients should prevail upon the regional ECHS to accord permission. Feedback be given in case regional ECHS do not exercise their financial powers.

Acquisition of land for polyclinics is under the jurisdiction of the dependent Stn HQ/ Sub Area/Area HQ. ECHS only makes final payment for the land acquired as per the policy guidelines.

Gen Roy Chowdhury Committee. No such committee has been appointed to go into the rates revision for empanelled hospitals and it is only Langar Gup. Issues relating to change of policies will be exclusively dealt by the MD ECHS. Implementation of policies has been delegated to regional ECHS and downwards to the polyclinics.

All pre 1996 retirees have to become members of ECHS before 01 Apr 2008 to avail medical facilities/ treatment. No contributory charges will be taken from them as per decision of the Hon’ble Supreme Court. All are requested to keep giving more feedback in the larger interest and functioning of the ECHS. We should make it a model scheme for others to follow. Cases of malpractices/ corruption in according referrals be brought to our notice and the MD ECHS. Should not be on ‘hearsay’.

Proposal for ‘Unified Approach’ to resolve issues affecting all ‘Veterans’.
We are planning a seminar in the month of April/ May to give shape to a ‘Unified Approach’ with a representation from all the associations/ leagues/ clubs existing throughout the length/ breadth of the country to bring them under one umbrella to represent the ‘Veterans’ with a longer perspective. Presently we are working in splinter groups which is to our disadvantage. Members are requested to fwd the names of such organizations functioning within their States/ areas along with the names of the President & Secretary and their tele nos. Alternately they may be requested to contact RDOA directly through email/ mobile. The RDOA will function as the backbone of such an org with a membership of over 1200 officers.

PT Gangadharan
Brig (Retd)
Note: Letter received from RDOA