Happy New Year 2013
MoD
LETTER DATED 27 DEC 2012 IS AGAINST THE SPIRIT OF SUPREME COURT
JUDGEMENT IN RANK PAY CASE: THOUSANDS DEPRIVED OF THEIR DUE EMOLUMENTS
Dated: 01 Jan 2013
To,
Shri A. K. Antony,
Defence Minister,
104, South Block,
13, Parliament House,
New Delhi - 110001
Shri A. K. Antony,
Defence Minister,
104, South Block,
13, Parliament House,
New Delhi - 110001
MoD LETTER DATED 27 DEC 2012 IS AGAINST THE SPIRIT OF SUPREME COURT JUDGEMENT IN RANK
PAY CASE: THOUSANDS DEPRIVED OF THEIR DUE EMOLUMENTS
Dear Shri A K Antony,
1. Once
again MoD has betrayed its soldiers. The Supreme Court Judgement in
Rank Pay case has not been implemented in letter and spirit making it
largely redundant and thus denying the due emoluments to thousands of
officers. This is another case of bureaucratic manipulation against the
soldiers. The MoD letter is applicable to only about 20000 officers who
were holding the rank of Captain to Brigadier on 01 Jan 1986 whereas
it should have covered all officers who are in receipt of pay or pension
or the family pension which should approximately works out to over
80000.
2. Mr.
Antony Sir, the MoD letter not only denies the pay scale upgradation of
defence officers but also as a result leaves out the re-fixation of
pensions of those who retired before January 1986 as well as
consequential benefits to all officers arising out of the implementation
of the fifth and sixth pay commissions. Sir, how can you allow such a
perjury on your officer soldiers?
3. Supreme Court Judgement clearly accepts that the rank pay granted by 4th
CPC was wrongly deducted from the basic pay of officers of the rank of
Captain to Brigadier and ordered re-fixation of pay with effect from
01.01.1986. Even a person with some common sense will infer that the
implementation of SC judgement would not only involve re-fixation of pay
and pension by adding the wrongly deducted amount with effect from 01
Jan
1986 and cumulatively carry forward to 5th and 6th
CPCs but also the upgradation of scales in the respective CPCs. The
letter issued on 27 Dec 2012 in Para 8 states that the judgement has no
bearing on 5th and 6th CPCs. However, it is important to point out to you that in the 5th
CPC exactly the same kind of a parallel anomaly was there and it was
also there on record in various petitions in the SC in the same case and
also in the affidavits filed by the UOI on which ultimately the SC
ordered that the anomaly shall be corrected w.e.f 01-01-1986 and NOT as on 01-01-1986
as has been stated in the Govt letter.
4. The letter in the same Para also states that there shall be no change in the instructions issued after the 5th and 6th CPCs except those necessitated due to re-fixation of pay on 01-01-1986, meaning thereby that only the fitment of pay within the existing scales (and not upgraded scales) of those whose pay is re-fixed on 01-01-1986 when migrating to 5th CPC on 01-01-1996 or to 6th CPC scales on 01-01-2006 if the officer continued serving, would be affected as per the fitment formula. This of course is a natural consequence since when the pay on 01-01-1986 is re-fixed, then of course the migration into the 5th CPC scale on 01-01-1996 would be at a higher stage within the existing 5th CPC scale in accordance with the existing fitment formula and same would be the case with 6th CPC. This is nothing extra and already pre-exists with or without the Govt letter.
5.
Also Sir do you expect that all affected parties would again go to the
SC to seek fresh orders on a similar
anomaly in the next pay commission or for upgradation of scales whereas
the same was fully argued before the SC by all parties leading to a
considered verdict of the Hon’ble Apex Court?. If the correction would
have been honestly carried out in the correct spirit, then it was to
become applicable to all officers, serving, or retired and the family
pensioners and even to those who retired prior to 1986. The deduction of
rank pay had resulted in depressed scales and status and once corrected
should have resulted in automatic upgradation of scales of the 4th CPC as well as the 5th and the 6th
CPCs as was also fully argued before the Court and contained in the
various affidavits filed by both the Petitioners and the UOI in the
court which is on record.
6. Please ask your officers as to how the rank of Captain which was
shown at par and equal to Senior Time Scale (Under Secretary to Govt of India) till 3rd CPC even before the Supreme Court, was suddenly degraded in the 4th CPC and the same Senior Time Scale was reflected equal to Major of the Army after the 4th CPC which continues till date? Sir, let us assure you, there was no order by the 4th
CPC or any other authority directing that the rank of Captain be
degraded from Senior Time Scale and clubbed with Junior Time Scale
alongwith then existing 2nd Lt and Lt. This is how systematic
degradation has been taking place at the behest of a certain lobby in
the MoD without the Political executive being in knowledge of the same.
7. Sir, Till the 3rd CPC, 2nd Lt and Lt were equated with Junior Time Scale and Capt was equated with Senior Time Scale, suddenly
after the rank pay fiasco in the 4th CPC, three ranks of the Army, that is 2nd
Lt, Lt and Capt were shown clubbed with a single rank of the civil,
that is, Junior Time Scale, whereas Major was now shown equal to Senior
Time Scale which continues till date. Who was responsible for this? How
could it be allowed that the first Class-I/Group-A/Commissioned rank of 2nd
Lt alongwith two promotional posts/ranks of Lt and Capt were all
clubbed with the first rank on the civil side, that is, Junior Time
Scale? All happened because of the strange manipulations in the rank pay
saga during the 4th CPC which has been corrected by the Hon’ble SC.
8.
Similarly a Major (Selection Grade) drew a pay equal to the Selection
Grade/Non-Functional Selection Grade (SG/NFSG) of the civil services,
but today an SG/NFSG civil
officer enjoys a status and draws a pay equal to a full Colonel!.
Manipulations such as these and degradation of status and sheen of the
military rank continue till date where the civil staff puts up noting
sheets to you and gets your signatures on orders without taking into
confidence the military staff. It has always been a one-sided affair and
continues till date. Shouldn’t stake-holders be consulted before taking
decisions that affect them and indirectly also the pensioners? Do you
know that by manipulating and reducing the pay and status of serving
officers, even the pensioners and family pensioners are affected since
their pensions are linked to existing scales? I’m sure you would not be
knowing all this Sir and elements would also ensure that you do not get
to know the correct situation since there exists a thick huge wall
between what is projected to you and what is the reality.
9.
Sir, the MoD, while arguing their case, had itself, through affidavits
and submissions to Supreme Court accepted that the implementation of
Court judgement would involve re-fixation of not only the, Fourth Pay
Commission but would affect Fifth and Sixth Pay Commissions. The MoD
also maintained that it would alter payment of all consequential and
resultant benefits of officers and their families wherever applicable.
In a recently filed affidavit seeking extension of time for
implementation of the judgement, the MoD had stated that the judgement
related to three successive pay commissions and also affected the
benefits of officers who retired prior to 1986. Then how can MoD issue
implementing instruction contrary to the above submission? The concerned
staff has very carefully chosen to stick on to certain words without
looking at the spirit of the entire order and what was argued in the
Court.
10. Sir, as submitted above, while the court had ordered re-fixation of scales with effect from 01 Jan 1986, Para 6 of the MoD instructions issued on 27 Dec 2012 grants the benefits to officers as on “01.01.1986”. The SC judgement, which was to have a cascading effect on the fixation of pay and pay scales from 01 Jan 1986
ie with effect from fourth pay commission, continuing till date, has
fraudulently been made applicable only to those persons who were in
receipt of rank pay as on 01 Jan 1986.
11. The letter issued by the MoD, is clearly a grave injustice to your soldier officers. It can easily be termed as: “Rarest of Rare Fraud, perjury and Injustice to
Defence Forces”. How do you expect the demoralized and demotivated
officers to lead from the front and sacrifice their lives when the Govt
is denying them their due respect, status, interse equation with other
services and emoluments? You have not been fair sir.
12. In view of the above, we request you to order immediate cancellation of the 27th
Dec 2012 letter regarding Rank Pay and issue comprehensive instructions
incorporating all aspects of the SC judgement correctly as mentioned
above.
13. We request for an immediate appointment with you to explain the injustice being done to veterans and armed forces.
With Regards,
Yours Sincerely,
Jai Hind
Maj Gen (Retd) Satbir Singh, SM
Vice Chairman Indian Ex Servicemen Movement
Mobile: 9312404269, 0124-411057Email:satbirsm@yahoo.com, satbirsm@gmail.com
Vice Chairman Indian Ex Servicemen Movement
Mobile: 9312404269, 0124-411057Email:satbirsm@yahoo.com, satbirsm@gmail.com
Copy to :-
General Bikram Singh, PVSM, UYSM,
AVSM, SM, VSM, ADC Chief of the Army Staff. Integrated HQs of Armed Forces (Army) South Block, New Delhi-110011. |
You
are the present baton holders of the Defence Forces. We request you to
kindly take up the issue in the strongest possible manner with the Govt
to stop harassment of soldier and get lawful implementing orders issued
in the true spirit of the SC judgement.
|
Admiral Devendra Kumar Joshi, PVSM, AVSM,
YSM, NM, VSM, ADC Chief of the Naval Staff Integrated HQs of Armed Forces (Navy) South Block, New Delhi-110011. |
Our request as above.
|
Chief Marshal Norman Anil Kumar Browne,
PVSM, AVSM, VM. Chairman Chiefs of Staff Committee and Chief of the Air Staff. Vayu Bhawan, New Delhi 110011. |
Our request as above.
|
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THE END
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