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MoD takes rank
pay tussle to AG | ||
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By Jugal R. Purohit in New Delhi
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A TOP- level meeting, chaired by Defence Minister A. K Antony and attended by
all three service chiefs among others, decided on Friday to forward the rank pay
matter to the office of the country’s top law officer, attorney general (
AG).
While the ministry of defence ( MoD) sees this as a step towards resolution of the issue, the armed forces and the veteran community have expressed their frustration over ‘ buck- passing’. An MoD official said, “ The meeting was convened after it was pointed out that there were differences between what the Supreme Court ordered and our implementing order. It was unanimously decided at the meet to forward the file to AG, who is the best suited to clarify legal positions.” The move had Antony’s personal push as “ he is keen to sort this out”, the official added. Sources in the MoD said that apart from what will be conveyed to the AG by the ministry, the uniformed services represented by the Integrated Defence Staff headquarters were being advised to forward their own representation to the law officer so as to put up the case in the best possible way. However, the development has cut no ice with the veteran community which has branded it as yet another ‘ delaying tactic’ by the MoD. The genesis of the controversy lies in the MoD’s ‘ selective’ implementation of the SC order of September 2012 in the rank pay case. “ The ministry has not won a single case ( in this connection), be it in the Kerala High Court or the Supreme Court… Today, they feel the need to go to the AG to interpret the SC order! This issue is not about legal clarification at all,” fumed SC advocate, Group Captain ( Retd.) K. S Bhati, who has been fighting this case for the Retired Defence Officers Association ( RDOA). The organisation said Friday’s move will “ further strengthen our resolve in taking MoD babus to the court over contempt”. |
Friday, June 14, 2013
Extract from Mail Today: Passing the Buck
STALEMATE CONTINUES: IV CPC RANK PAY CASE
A meeting was held in the office of the Raksha Mantri on 14 Jun 2013 at 1500h onwards to resolve the infirmities created by the mandarins of MoD in the correct interpretation of the Hon'ble Supreme Court order of 04 Sept 2013 in the IV CPC Rank Pay case. The Babus gave their version of the court order as percieved by them. The Services Hq pointed out the anomalies created by not implementing the court order in letter and spirit.
No agreement was reached and the case has been referred to the Attorney General for his views.
Is the AG above the Supreme Court? Can his interpretation be taken as gospel truth against the three judge judgment of the Supreme Court?
Media was briefed about the meeting by the babus. Headlines Today and Star News (Hindi) would be telecasting and updating the happennings. In any case it would be in the print media by morrow.
No agreement was reached and the case has been referred to the Attorney General for his views.
Is the AG above the Supreme Court? Can his interpretation be taken as gospel truth against the three judge judgment of the Supreme Court?
Media was briefed about the meeting by the babus. Headlines Today and Star News (Hindi) would be telecasting and updating the happennings. In any case it would be in the print media by morrow.
Monday, June 10, 2013
MoD REACTS TO TELECAST:IV CPC RANK PAY CASE
MoD promises to offer immediate remedial steps in Rank Pay case
MoD had been allowed till May 31 to complete the payment of arrears and pensions.
Aggrieved ex-servicemen and war widows, who have been demanding from the Ministry of Defence (MoD) fair implementation of the Supreme Court order concerning their pay and pension, may finally get relief. Top sources in the ministry said that they would soon take "significant steps" to resolve the conflict.
"The defence minister is extremely concerned at the reports alleging mistreatment of veterans, and towards settling it he has asked the Defence Secretary R.K. Mathur to study the matter and take immediate steps," a top official said.
It was also informed that the newly appointed defence secretary will form a team and ensure total compliance with regards to the implementation of the Supreme Court's order on the Rank Pay case. "Defence minister will, most probably in July, convene a meeting with all the veterans' organisations involved in this subject to personally understand and act," the official said.
As facts stand, the MoD had been allowed till May 31 to complete the payment of arrears and pensions to over 45,000 officers who were the affected parties in the Rank Pay case. Despite seeking facts from the MoD's public relations wing, the Directorate of Public Relations (DPR) and the Department of Ex-Servicemen Welfare (ESW), there was no reply on the subject. Notwithstanding the olive branch extended to it, the veteran community is not taking things at face value.
Air Marshal (Retd) S.Y. Savur of the Retired Defence Officers Association (RDOA) said, "My personal take is that Antony is being misled by his bureaucrats about the way in which the MoD is appearing in the courts and how dangerously it can backfire."
Another RDOA colleague of his, Lt-Col. (Retd) B.K. Sharma reacted by saying, "MoD is very late. They were to first pay in November 2012, then in February and then court gave them till May to pay to all beneficiaries, i.e nine months after the court order. Even today the part payment has not been made completely. So we are not inclined to take their words very seriously.
"The defence minister is extremely concerned at the reports alleging mistreatment of veterans, and towards settling it he has asked the Defence Secretary R.K. Mathur to study the matter and take immediate steps," a top official said.
It was also informed that the newly appointed defence secretary will form a team and ensure total compliance with regards to the implementation of the Supreme Court's order on the Rank Pay case. "Defence minister will, most probably in July, convene a meeting with all the veterans' organisations involved in this subject to personally understand and act," the official said.
As facts stand, the MoD had been allowed till May 31 to complete the payment of arrears and pensions to over 45,000 officers who were the affected parties in the Rank Pay case. Despite seeking facts from the MoD's public relations wing, the Directorate of Public Relations (DPR) and the Department of Ex-Servicemen Welfare (ESW), there was no reply on the subject. Notwithstanding the olive branch extended to it, the veteran community is not taking things at face value.
Air Marshal (Retd) S.Y. Savur of the Retired Defence Officers Association (RDOA) said, "My personal take is that Antony is being misled by his bureaucrats about the way in which the MoD is appearing in the courts and how dangerously it can backfire."
Another RDOA colleague of his, Lt-Col. (Retd) B.K. Sharma reacted by saying, "MoD is very late. They were to first pay in November 2012, then in February and then court gave them till May to pay to all beneficiaries, i.e nine months after the court order. Even today the part payment has not been made completely. So we are not inclined to take their words very seriously.
Sunday, June 9, 2013
Headlines Today Joins battle of IV CPC Rank Pay Case: Part I
Rift between Armed Forces-Defence ministry over selective implementation of SC verdict on Rank pay case widens
Defence Minister AK Antony. Photo: PTI
Over the last six months, the rift between the uniformed services and the civilian leadership of the Ministry of Defence (MoD) has widened, right at the top over the maltreatment of the veterans and widows.
Leading the charge is Air Chief Marshal (ACM) NAK Browne, who as the Chairman of the Chiefs of Staff Committee (COSC) has sought the Defence Minister AK Antony's attention for resolving the issue, but to no avail.
The genesis of the spat lies in the MoD's 'selective' implementation of the Supreme Court order of September 2012 in the Rank Pay case, which the ex-servicemen community won after battles in the Kerala High Court as well as in the apex court from 1996 to 2012.
After the anomalies emanating from a 'faulty' order were pointed out, the ministry has been unable to rectify its stand.
Letters accessed by this correspondent, written by ACM Browne to Antony written on January 18 and May 27, 2013 show the utter disappointment of the uniformed services at the MoD's conduct.
Both these letters were written with the intention to get Antony to make the bureaucrats fall in line. However, there has not been much progress.
In his latest letter, ACM Browne writes to Antony, "The present approach the infirmities has caused a inordinate delay which has given rise to apprehensions in the environment that the delay may be intentional... the beneficiaries to this verdict include many of such officers who retired decades ago and do not have a long time left to wait for their dues. It will be a grave injustice to these veterans if they pass on without getting their rightful arrears."
ACM Browne went on to state, "It is with a deep sense of regret that I convey to the honourable Raksha Mantri about a growing feeling that cases involving Armed Forces personnel are unnecessarily being dragged to higher courts whereas the same could so easily be resolved in the ministry itself."
In fact in his previous letter to Antony on January 18, ACM Browne had specifically pointed out three major anomalies arising out of MoD's implementation order. Towards solving that, Browne had made four recommendations.
In that too, ACM Browne had stated, "The implementation order suffers from unprecedented disparity. It falls much short of expectations and I fear it will fuel further litigation and may enhance the feeling of alienation among veterans."
Lt. Col (Retd) BK Sharma of the Retired Defence Officers Association (RDOA), which fought the case in the Supreme Court said, "It is very strange. We met the Defence Minister twice, the last time we requested him to ensure implementation of court orders. While he was positive, his ministry does everything to negate that. If this is how they treat veterans, which youngster will want to join the armed forces?"
His colleague, Lt. Col (Retd) Satwant Singh added, "I squarely hold the babus of the MoD responsible. What they are doing to our morale is indirectly aiding the enemy!"
The RDOA, it was learnt is planning on filing a contempt petition in the SC against the MoD as soon as the vacation ends.
Despite repeated requests made to the Directorate of Public Relations (DPR), MoD's public relations wing, there was no response.
Even written requests made at the office of the Secretary, Department of Ex-Servicemen Welfare (ESW) for a response did not elicit a response.
What is the case all about?
The Rank Pay case is also known as the Major Dhanapalan case.
The Supreme Court had envisaged re-fixation of pay for all officers of the Army, Navy & Air Force who were eligible for Rank Pay with effect from 1.1.86, the date of implementation of the Fourth Pay Commission.
However, the MoD implementation letter of December 2012 changed it to 'as on 1.1.86'.
The SC order had also sought the re-designing of the minimum basic pay in the integrated pay scale of IV pay commission to avoid different basic pay to similarly placed officers.
Also, the subsequent amendments in the pay and pension orders issued towards fifth and sixth pay commissions.
Where is it stuck at present?
Meetings were held in the MoD on January 30 and March 6, 2013 following ACM Browne's letter which were attended by officials from MoD Finance, Expenditure and other departments.
It was later learnt that the services were asked to make a statement of case which would b circulated among all and forwarded to Solicitor General for his comments.
But, for all this, the MoD had time till May 31 2013 as per SC orders. According to RDOA, only a handful of officers have been given their due that too partly, within this deadline even as a majority remain waiting.
Mystery over 'change'
ACM Browne's letter stated, "Despite the efforts of AS(A) to arrive at a consensus, representatives of CGDA continued to maintain that their version of the interpretation of the court orders needed no review... there has been no explanation as to how and why 'with effect from 1.1.86' was changed to 'as on 1.1.86' despite specifically documented by the apex court in its judgement. It has not bee established as to who had authorised this change since this arbitrary change has now become the root problem."
Leading the charge is Air Chief Marshal (ACM) NAK Browne, who as the Chairman of the Chiefs of Staff Committee (COSC) has sought the Defence Minister AK Antony's attention for resolving the issue, but to no avail.
The genesis of the spat lies in the MoD's 'selective' implementation of the Supreme Court order of September 2012 in the Rank Pay case, which the ex-servicemen community won after battles in the Kerala High Court as well as in the apex court from 1996 to 2012.
After the anomalies emanating from a 'faulty' order were pointed out, the ministry has been unable to rectify its stand.
Letters accessed by this correspondent, written by ACM Browne to Antony written on January 18 and May 27, 2013 show the utter disappointment of the uniformed services at the MoD's conduct.
Both these letters were written with the intention to get Antony to make the bureaucrats fall in line. However, there has not been much progress.
In his latest letter, ACM Browne writes to Antony, "The present approach the infirmities has caused a inordinate delay which has given rise to apprehensions in the environment that the delay may be intentional... the beneficiaries to this verdict include many of such officers who retired decades ago and do not have a long time left to wait for their dues. It will be a grave injustice to these veterans if they pass on without getting their rightful arrears."
ACM Browne went on to state, "It is with a deep sense of regret that I convey to the honourable Raksha Mantri about a growing feeling that cases involving Armed Forces personnel are unnecessarily being dragged to higher courts whereas the same could so easily be resolved in the ministry itself."
In fact in his previous letter to Antony on January 18, ACM Browne had specifically pointed out three major anomalies arising out of MoD's implementation order. Towards solving that, Browne had made four recommendations.
In that too, ACM Browne had stated, "The implementation order suffers from unprecedented disparity. It falls much short of expectations and I fear it will fuel further litigation and may enhance the feeling of alienation among veterans."
Lt. Col (Retd) BK Sharma of the Retired Defence Officers Association (RDOA), which fought the case in the Supreme Court said, "It is very strange. We met the Defence Minister twice, the last time we requested him to ensure implementation of court orders. While he was positive, his ministry does everything to negate that. If this is how they treat veterans, which youngster will want to join the armed forces?"
His colleague, Lt. Col (Retd) Satwant Singh added, "I squarely hold the babus of the MoD responsible. What they are doing to our morale is indirectly aiding the enemy!"
The RDOA, it was learnt is planning on filing a contempt petition in the SC against the MoD as soon as the vacation ends.
Despite repeated requests made to the Directorate of Public Relations (DPR), MoD's public relations wing, there was no response.
Even written requests made at the office of the Secretary, Department of Ex-Servicemen Welfare (ESW) for a response did not elicit a response.
What is the case all about?
The Rank Pay case is also known as the Major Dhanapalan case.
The Supreme Court had envisaged re-fixation of pay for all officers of the Army, Navy & Air Force who were eligible for Rank Pay with effect from 1.1.86, the date of implementation of the Fourth Pay Commission.
However, the MoD implementation letter of December 2012 changed it to 'as on 1.1.86'.
The SC order had also sought the re-designing of the minimum basic pay in the integrated pay scale of IV pay commission to avoid different basic pay to similarly placed officers.
Also, the subsequent amendments in the pay and pension orders issued towards fifth and sixth pay commissions.
Where is it stuck at present?
Meetings were held in the MoD on January 30 and March 6, 2013 following ACM Browne's letter which were attended by officials from MoD Finance, Expenditure and other departments.
It was later learnt that the services were asked to make a statement of case which would b circulated among all and forwarded to Solicitor General for his comments.
But, for all this, the MoD had time till May 31 2013 as per SC orders. According to RDOA, only a handful of officers have been given their due that too partly, within this deadline even as a majority remain waiting.
Mystery over 'change'
ACM Browne's letter stated, "Despite the efforts of AS(A) to arrive at a consensus, representatives of CGDA continued to maintain that their version of the interpretation of the court orders needed no review... there has been no explanation as to how and why 'with effect from 1.1.86' was changed to 'as on 1.1.86' despite specifically documented by the apex court in its judgement. It has not bee established as to who had authorised this change since this arbitrary change has now become the root problem."
Headlines Today joins battle of IV CPC Rank Pay Case
Exclusive: CAG, top babus to face contempt notice over selective implementation of Supreme Court's Rank Pay ruling
CAG Shashi Kant Sharma
After Air Chief Marshal NAK Browne took the Ministry of Defence (MoD) to task over its alleged failure to correctly implement the Supreme Court order concerning granting of dues to veterans and widows, it seems like several top babus, including Comptroller and Auditor General and former defence secretary Shashi Kant Sharma, too, may be in for a rough ride.
On May 11, the MoD was intimated by the Retired Defence Officers Association (RDOA) of the possibility of their filing a contempt petition if the May 31 deadline for implementation of the SC ruling was not met. And given the lack of progress in the matter, the association is all set to drag the bureaucrats to court.
This move was confirmed by Aishwarya Bhati, an SC lawyer representing the RDOA. "By this contempt petition, we want the apex court to note that the MoD has not implemented its order in letter and spirit," she said.
The genesis of the spat lies in the MoD's 'selective' implementation of the SC order dated September 2012 in the Rank Pay case, which the ex-servicemen community won after a long legal battle.
Bhati said that along with CAG Sharma, the others who will be named in the petition are Financial Adviser (Defence Services) Priti Mohanty, Secretary (Department of Expenditure) R.S. Gujral and Controller General of Defence Accounts Arunava Dutt.
The contempt petition, a copy of which was accessed by this correspondent, states, "Various orders of the Hon'ble Kerala High Court and that of the Hon'ble Supreme Court are not being complied with in letter and spirit and deliberate efforts are being made to exclude the application of these orders."
Commenting on the controversial implementation letter issued by the MoD on December 27, 2012, the contempt notice says, "From the perusal of the letter, it became clear that the judicial orders were not intended to be complied with fully consequential benefits." The petition is likely to be filed as soon as courts reopen, post-vacation.
Lt Col. (Retd) Satwant Singh of the RDOA said, "Out of the over 40,000 affected officers, there are about 10,000 who are yet to get their pay issues resolved. Only once the pay issue is resolved can the pension be settled." Officials at the Directorate of Public Relations and the Ex-Servicemen Welfare department did not respond on the issue.
On May 11, the MoD was intimated by the Retired Defence Officers Association (RDOA) of the possibility of their filing a contempt petition if the May 31 deadline for implementation of the SC ruling was not met. And given the lack of progress in the matter, the association is all set to drag the bureaucrats to court.
This move was confirmed by Aishwarya Bhati, an SC lawyer representing the RDOA. "By this contempt petition, we want the apex court to note that the MoD has not implemented its order in letter and spirit," she said.
The genesis of the spat lies in the MoD's 'selective' implementation of the SC order dated September 2012 in the Rank Pay case, which the ex-servicemen community won after a long legal battle.
Bhati said that along with CAG Sharma, the others who will be named in the petition are Financial Adviser (Defence Services) Priti Mohanty, Secretary (Department of Expenditure) R.S. Gujral and Controller General of Defence Accounts Arunava Dutt.
The contempt petition, a copy of which was accessed by this correspondent, states, "Various orders of the Hon'ble Kerala High Court and that of the Hon'ble Supreme Court are not being complied with in letter and spirit and deliberate efforts are being made to exclude the application of these orders."
Commenting on the controversial implementation letter issued by the MoD on December 27, 2012, the contempt notice says, "From the perusal of the letter, it became clear that the judicial orders were not intended to be complied with fully consequential benefits." The petition is likely to be filed as soon as courts reopen, post-vacation.
Lt Col. (Retd) Satwant Singh of the RDOA said, "Out of the over 40,000 affected officers, there are about 10,000 who are yet to get their pay issues resolved. Only once the pay issue is resolved can the pension be settled." Officials at the Directorate of Public Relations and the Ex-Servicemen Welfare department did not respond on the issue.
Saturday, June 8, 2013
LIVE TELECAST MORE ON IV CPC RANK PAY CASE
Live telecast on IV CPC Rank Pay Case will be aired on 'HEADLINES TODAY' Channel on 08 Jun 2013 at 1730h onwards. Repeat telecast at 2200h. More to what was shown yesterday. Info all. Do watch.
Friday, June 7, 2013
REPEAT TELECAST IV CPC RANK PAY CASE ON HEADLINES TODAY
Repeat telecast of IV CPC Rank Pay case will be aired on "Headlines Today' at 2200h on 07 Jun 2013. Those who missed at 1930h tune in at 2200h. Also live discussion.
Info all. RT Air Chief fires second salvo! War between Babus of MoD and Veterans!
Info all. RT Air Chief fires second salvo! War between Babus of MoD and Veterans!
LIVE TELECAST OF IV CPC RANK PAY CASE ON HEADLINES TODAY
Telecast on the IV CPC Rank Pay Case will be done on 'HEADLINES TODAY' TV Channel today ie 07 Jun 2013 between 1900 to 2100h as per availability of slot. Kindly info others. RT
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