Friday, April 18, 2014

IV CPC Rank Pay Case: Update on Impleadment Application

Reference directions given by the Hon'ble Supreme Court on 31 Mar 2014 to implead the present Defence Secretary and the CGDA in the Contempt Petition; RDOA has filed the Impleadment Application on 17 April 2014. The impleadment application is a detailed application and all issues have been added including a recent development in which CGDA has issued instructions to CDA(AF) to restrict payment of interest to the affected officers till 31 May 13.

Further development on the case will be notified on occurrence.

Sunday, April 6, 2014

IV CPC Rank Pay Contempt Petition: Gist of Rejoinder Affidavit filed by RDOA

For info of officers.

It is respectfully submitted that the contention of the Contemnors stating that this Hon’ble Court order of 04.09.2012 has been complied with in letter and spirit is totally false and misleading and far from the truth. The implementation instruction issued by MoD dated 27.12.2012 in compliance with this Hon’ble Court order of 04.09.2012 is bereft with non compliances. It is pertinent to mention that from the following paras it is absolutely clear that the directions issued by this Hon’ble Court have not been complied with in letter and spirit and even in the admitted case there is no compliance. The non compliances which have arisen due to the implementation instructions issued by MoD are listed below. These have been discussed at length in subsequent paras.

        (a)     Non compliance of this Hon’ble Court order of 04.09.2012 within the stipulated time limit of 31 May 2013. The payment of arrears on account of pension by CDA Pension Allahabad, is yet to start.

        (b)     Restricting payment of interest @ 6% on the arrears admissible on account of refixation of pay and pension beyond 31 May 2013 as orderd by this Hon’ble Court from 01.01.2006.

        (c)     Limiting the scope of this Hon’ble Court order of 04.09.2012 by changing the text of the order ‘with effect from 01.01.1986’ to ‘as on 01.01.1986’ thereby denying the benefits of arrears of pay and pension to those officers who got promoted on any day after 01.01.1986 and those officers who retired before 01.01.1986.

        (d)     Non applicability of the order dated 04.09.2012 of this Hon’ble Court to subsequent V and VI Pay Commission where in also rank pay was deducted at the time of pay fixation and recommendation of pay scales.

        (e)     Non revision of minimum initial pay of each rank after removal of the deduction of rank pay step as directed by this Hon’ble Court in terms of table given at para 6(a)(ii) of SAI 1/S/87 which was also arrived at after deduction of rank pay as applicable to each rank.

        (f)      Non revision of top of integrated scale which was also fixed after deduction of rank pay as admissible to the rank of Brig.

        (g)     Non revision of pension of pre 1986 retirees consequent to refixation of pay as on 01.01.1986 and thereafter on 01.01.1996 and 01.01.2006 after removal of deduction of rank pay step.

        (h)     Non payment of rank pay to Lt Col (TS) on completion of 21 years of service in a substantive capacity.

Monday, March 31, 2014

Update:IV CPC Rank Pay Contempt Petition Case as on 31 Mar 2014

The case came up for hearing today ie 31 Mar 2014 in the Court of Justice RM Lodha.
After hearing the Solicitor General, the Court exempted the Contemnors (Ex Def Secy and present CAG, CGDA since promoted to Def Fin, Ex Secy Def Fin, and ex Secy Expenditure since both retd) from personal appearance.

The Court directed the petitioners (RDOA) to file application for impleadment of present Def Secy and CGDA within two weeks.

Link to court order: Court order of 31 Mar 14

Monday, March 24, 2014

Voting Rights for Defence Pers

In a petition on Voting Rights for Defence Persons the Supreme Court has passed orders that 'In peace Stations the defence personnel can vote at their place of posting'.
The court also set aside the ruling of EC that the minimum period required for posting is three years. As per the court anyone who has been in stn on 1/1/2014 is entitled to cast vote. MoD and ECI were against  the proposal.

During the discussion held with EC Mr Brahma under the ageis of Mr Rajeev Chandrasekhar MP, on the subject issue, RDOA had recommended strongly that defence persons posted in peace areas must be allowed to vote at their place of posting. RDOA commends the efforts of Mr R Chandrasekhar MP Rajya Sabha to this effect.

An article on this issue is also posted on the BlogSpot of harmed forces. Pse go through it. harmedforces.blogspot.inVoting Rights for Defence 

Tuesday, March 11, 2014

Update IV CPC Rank Pay Case Contempt Petition

The IV CPC Rank Pay Contempt Petition came up for hearing on 10 March 14 in Court no 2 (Justice RM Lodha). RDOA moved application for grant of one more week to file Rejoinder to the reply filed by UOI/MoD which the Court was pleased to grant.
None of the four Contemnors was present in the Court. Absented again.
Next date of hearing has been scheduled for 31 Mar 2014.


Thursday, March 6, 2014

Removal of Anomaly/Refixation of Pension of Majors/Lt Cols (Select/TS)

By Email: RDOA/RM/OROP/3/14 dt 07 Mar 14


Shri AK Antony,
Hon’ble Raksha Mantri,
Ministry of Defence,
South Block, New Delhi-110011


 Dear Sir,

 The AVS Report was implemented on 16 Dec 2004.  Consequent to its implementation the promotion prospects of the officers of the armed forces improved considerably but left the pre 2004 retirees in the lurch. As per the report, officers are now promoted to the ranks of Captain, Major, Lt Col and Colonel by Time scale on completion of 2, 6, 13 and 26 years of commissioned service. By this yard stick minimum rank attainable is that of Colonel unless an officer decides to go on pre mature retirement.

 Those officers who were Lt Col (Select)/Lt Col (TS) and had the age advantage with them got promoted to the rank of Col (TS) with pay and pension on 16 Dec 2004. Such other officers who did not have the age factor in their favor retired in the rank of Lt Col whether Select or TS thereby losing out on pension. Rightfully the benefit of pension of Col TS should have been extended to all Lt Cols (Select/TS) who retired with 26 years of service or more.

 What is discriminatory is introduction of a benefit retrospectively or prospectively by fixing a cut off date arbitrarily thereby dividing a single homogeneous class of pensioners into two groups and subjecting them to different treatment’

 No action has been taken to resolve this anomaly. Another class of officers who are suffering in silence are the Majors. An officer became a Major in 13 yrs at III CPC which got reduced to 11 yrs at IV CPC and 10 yrs at V CPC. IV CPC had recommended abolition of the promotion to the Select rank of Lt Col which was accepted by the Govt and was also pulished in the Special Army Order 1/S//87 but somehow this never got implemented for reasons best known to MoD and Service Hqs.

 AVS I report further reduced the qualifying service to 6 yrs for Major and made 13 yrs for substantive Lt Col wef Dec 2004. 6 CPC put Major in pay band 3 and Lt Col in pay band 4, thereby drastically reducing the pay and pension of Major to Rs 18205/- for 25 yrs service as per letter of 17 Jan 2013.

 This BIG ANOMALY of pension of Major / Lt Col Select/TS needs to be corrected. As a onetime measure it is proposed that all Majors who have put in 13 yrs commissioned service should be granted pension of Lt Col and those officers who were in the rank of Lt Col Select/TS on 16 Dec 2004 and had retired should be given pension of Col TS provided they have completed 26 yrs commissioned service. The pension tables should be drawn accordingly with datum lines at 13 yrs and 26 yrs of commissioned service.

 With the grant of OROP, the pension gaps will further increase if not resolved before implementation of OROP. It is therefore requested that the rationalization of pensions be done in the best interests of the pensioners.

 Thanking you
With regards
Lt Col Satwant Singh (Retd)
Secretary General

 Copy to:-

Shri Jitendra Singh
Raksha Rajya Mantri
C-1/14 Lodi Garden
New Delhi - 110 003
  For information and action please
General Bikram Singh,
Chief of the Army Staff &
Chairman Chiefs of Staff Committee
Integrated HQs of Armed Forces (Army)
South Block, New Delhi-110011
Removal of anomalies prior to implementation of OROP
Vice Admiral RK Dhowan, PVSM, AVSM,                   YSM, ADC                                       Officiating Chief of the Naval Staff
Integrated HQs of Armed Forces (Navy)
South Block, New Delhi-110011
Air Chief Marshal Arup Raha
Chief of the Air Staff
Indian Air Force
Vayu Bhawan, New Delhi 110011
Secretary Deptt of Exserviceman Welfare
Adjutant General AHQ
Veterans Cell AG’s Branch AHQ