Tuesday, March 16, 2010

 

SUPREME COURT GIVES RELIEF TO OFFICERS OF THE ARMED FORCES OVER IV PAY COMMISSION RANK PAY ANOMALY CASE

 

THE ERRONEOUS FIXATION OF PAY IN RESPECT OF ARMED FORCES OFFICERS(ARMY,NAVY&AIRFORCE)PURSUANT TO THE RECOMMENDATIONS OF THE IV PAY COMMISSION EFFECTED FROM 01.01.1986 HAS BEEN SET RIGHT BY THE HON’BLE SUPREME COURT

 

 

In accordance with the recommendations of the IV Pay commission, officers of the Army, Navy, &Air Force were granted Rank pay in addition to the basic pay in the integrated pay scale of Rs 2300-100-3900-150-4200-EB-150-5100. In addition to the pay in the integrated scale it was directed that rank pay will be admissible to the officers as Capt(Rs 200/-), Major(Rs 600/-), Lt Col(Rs 800/-), Col(Rs 1000/-),Brig(Rs1200/-). It was notified that the above revision of pay will be retrospective in force with effect from 01/01/1986. The method of fixation of pay recommended for civilian employees would be applied to the Armed Forces also. Thereafter the rank pay would be added to the total emoluments.

 

While fixing the pay in the integrated scale a  faux paus’ was created by deducting ‘rank pay’ from the total emoluments and then doing the pay fixation resulting in huge financial loss to the officers with cumulative effect on pay, DA, Pension, gratuity, commutation etc.

 

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 Kerela 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.

 

Since pay fixation of the IV Pay Commission was wrong, the consequential fixation of pay as per V Pay Commission was also wrong, so also pension, commutation, leave encashment etc.

 

This injustice became a ‘CAUSE’ for few retired officers to form ‘RETIRED DEFENCE OFFICERS ASSOCIATION’ to take further legal action. The Founder Members initiated action to enroll like minded affected officers who were willing to join this noble cause. The membership drive resulted in 2000 officers joining up with initial membership fees of Rs 500/- to meet the legal expenses.

 

Representations sent to the Defence Secretary, Chief of the Army Staff and Adjutant General bore no results. So much so, no information was given to the officers under the RTI Act and appeal made to the CIC was un answered.

 

Before seeking recourse to legal action the ‘Core Group’ of the association met the Hon’ble Raksha Mantri Shri A Antony and apprised him of the facts of the case. Although Shri A Antony was sympathetic with the error committed. He expressed his limitations on account of financial clearance from the Finance Ministry. Left with no option the RDOA approached the Hon’ble Supreme Court of India. Many similar petitions were filed in various High courts all over the country by other officers as well. These were clubbed together and transferred to the Supreme Court to be heard along with an Transfer petition of similar nature (NK Nair & others) that had arisen out of a case that was allowed on the basis of the judgment in Major Dhanapalan’s case.

 

The Supreme Court on 08 March 2010 upheld the judgment in Dhanapalan’s case delivered in 1998.The matter was heard and finally disposed of by the Bench of Justice Markendey Katju & Hon’ble Justice RM Lodha.

 

The Apex Court has held that the  prayer in these writ petitions under Article 32 of the Constitution is for grant of benefits awarded by a learned   Single Judge       of the Kerala High Court vide his judgment dated 5.10.1998 in O.P. 2448/1996 which has been affirmed by the Division Bench of the High Court in Writ Appeal No. 518/1999 by judgment dated 4.7.2003.

           Quote “We      have   carefully       perused     the    judgment     dated

5.10.1998 of the learned Single Judge as well as judgment dated 4.7.2003 of the Division Bench of the High Court of Kerala and we respectfully agree with the reasoning given therein     for     grant   of        rank    pay   retrospectively  from

1.1.1986.       We also direct interest to be paid thereon at 6%p.a.   Accordingly,       these       writ   petitions     as   well    as    the transferred writ petitions are allowed          No order as to  the costs. Unquote”.

 

With this judgment the pay of all affected officers will have to be refixed from 01 Jan 1986 with consequential benefits on pay, pension, commutation, leave encashment etc. The anticipated arrears would range from a couple of thousand rupees to few lacs per officer depending upon the rank held and reckonable service of the officer. About 30000 to 40000 officers both serving and retired including widows would be directly affected.

 

The case was dealt by Group Captain KS Bhatti (Retd), and Aishwarya Bhati, both Advocate on Record of the Supreme Court on behalf of RDOA.

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