COURT CASE - SUPREME COURT : By Capt Reet MP Singh Vrc

IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION

T.P. (C) No. 56/ 2007
IN THE MATTER OF: -
Union of India …Petitioners

Versus

N.K. Nair & Ors. …Respondents

THE ERRONEOUS FIXATION OF PAY IN RESPECT OF ARMED FORCES OFFICERS (ARMY, NAVY & AIR FORCE) PURSUANT TO THE RECOMMENDATIONS OF IVTH PAY COMMISSION EFFECTED FROM 01.01.1986 SET RIGHT BY THE HON’BLE SUPREME COURT.

Date : 08.03.2010 --------- Court – 07 ----- Item 84.

1. The recommendations of the IVth Pay Commission were accepted by the Central Government in respect of its employees including Armed Forces Officers and Men and given effect from 01.01.1986 vide Notification dated 18.03.1987. The IVth Pay Commission introduced rank pay for various ranks of the officers from Captain to Brigadier (equivalent ranks in Navy & Air Force) in addition to the pay in the integrated scale. However, while implementing the same. The rank pay was reduced from the new scale fixed for the officers.

2. One Major A.K. Dhannapalan – SL 7805 challenged this reduction in his O.P. No. 2448/1996 before the Hon’ble High Court of Kerala at Ernakulum. The Hon’ble Single Judge of the Kerala High Court allowed the writ petition on 05.10.1998 and held that the respondents have completely misunderstood the scope of extending benefit of rank pay to Armed Forces Officers. According to the High Court, rank pay is something which has been given to the army officers in addition to the existing pay scale. The Division Bench of the High Court was pleased to confirm the judgment and order of the Hon’ble Single Judge and dismissed the Appeal filed on behalf of the Union of India and Others vide W.A. No. 518/1999 on 04.07.2003. The Hon’ble Supreme Court dismissed the S.L.P. (Civil) no. CC-5908/2005 on 12.07.2005, filed by Union Of India & Ors. against the orders passed by the Hon’ble High Court of Kerala on grounds of delay.

3. While implementing the judgment in the case of Maj. Dhannapalan, Union of India gave all benefits to him alone and did not take any action on several representations submitted by the officers. This resulted into filing of a large number of writ petitions by similarly situated Armed Forces Officers all over India.

4. A Transfer Petition (Civil) No. 56/2007 was filed on behalf of the Union of India & Ors. on 13.12.2006 under Article 139-A (1) of the Constitution of India with order 36-A of Supreme Court Rules, 1966 before the Apex Court praying for transfer of all the writ petitions pending before the various High Courts. The Hon’ble Supreme court was pleased to issue notices in the aforesaid transfer petition on 05.02.2007 and passed orders for interim stay of further proceedings in all the High Courts. In this transfer petition, we filed appearance on behalf of about 50 petitioners in Kerala High Court led by N.K. Nair & Ors. (The main matter) and also filed a counter affidavit. On 03.11.2008, while hearing the I.A. filed on behalf of N.K. Nair & Ors., The Hon’ble Supreme Court directed that the counter affidavits in the main matter be treated as counter affidavit filed in all the matters mentioned in the transfer petitions and the matter be taken up for final disposal without waiting for completion of service on un-served petitioners of various writ petitions in the High Courts. by the similarly situated In the meantime, several intervention applications were filed in the aforesaid transfer petition apart from two Writ Petitions under Article 32 of Constitution of India. We also filed an intervention application on behalf of Retired Defence Officers Association, Disabled War Veterans (India), The Naval Foundation & Akhil Bhartiya Poorva Sainik Sewa Parishad.

5. The matter was heard and finally disposed of by the Hon’ble Supreme court by the Bench of Hon’ble Mr. Justice Markendey Katju & Hon’ble Mr. Justice R.M. Lodha today i.e. 08.03.2010 (Court-7, Item-84). The Apex Court has held that the judgment dated 05.10.1998 of the Hon’ble Single Judge of Kerala High Court in O.P. No. 2448/1996 as confirmed by the Hon’ble Division Bench of the same High Court in W.A. NO. 518/1999 (Appeal) was correct and reasonable and as such the benefit of this judgment be extended to all eligible officers of Armed Forces. The Hon’ble Apex Court awarded 6% interest on the amount due to the officers. The Hon’ble Supreme court disposed of the transfer petition and allowed the writ petitions of the petitioners.