Based on Kerala High Cour Order dated 05.10.1998, Ministry of Defence has ordered that affected officers of the armed forces in conformity with the orders of the Kerala High Court order dated 5.10.1998 in the case of Maj A.K.Dhanapalan versus Union of India & other should be given revised pay without deduction of rank with effect from 01.01.1986.
In accordance with the recommendations of the 4th Pay commission and the Govt. decision thereon, as promulgated under Gazette of India (Extra ordinary) Notification No 91 dated 18.3.1987, officers of the Army. Navy and Air Force were granted an integrated pay in the scale of Rs.2300-100- 3900-150- 5100. ..In addition to the pay in the integrated scale as above, Rank Pay for Captain, Major, Lt Colonel, Colonel and Brigadier and equivalent in the Navy and Air Force, were also granted @ Rs.200/-, 600/- , 800/-, 1000/-, and Rs. 1200/- PM respectively. .Although the Rank Pay was sanctioned in addition to the basic pay, while fixing the pay in the integrated scale: an amount equal to the Rank Pay was deducted from the total emoluments and the pay was fixed. This has resulted in heavy financial loss to the officers which have also cumulative effect on pay, D.A. Pension, Gratuity, etc. Having failed to get a proper consideration of the ease, Major A.K.Dhanapalan, now retired had approached the Hon’ble High Court or Kerala for justice. in the case or Major A.K Dhanapalan Vs Union of India in O.P 2448/96, the Hon’ble High Court of Kerala was pleased to allow the plea of the officer and held that the deduction of the Rank Pay from basic pay is NOT correct and directed to re-fix the Basic Pay with effect from 1.1.1986..However the Union of India preferred an appeal before the larger Bench of the High Court against the judgment. Larger bench of High Court has been pleased to dismiss the appeal but the Union of India again filed an SLP in the Hon’ble Supreme Court of India. This appeal was also dismissed on 10-7-05..Officers (Serving/Retired) of the Armed Forces who were in service on 1-1-86 in the Rank of Captain, Major, Lt Col, Colonel, Brigadier are affected by the above judgment. According to the judgment, Pay of Major A.K Dhanapalan has been re-fixed with effect from 1-1-86 and Govt. sanction for payment of arrears was issued, whereas the benefit has not been extended to other similarly placed Officers of the Army, Navy & Air Force. This is injustice to the affected Officers of the Army, Navy and Air Force. Officers are eligible to receive minimum* arrears after re-fixation as
Captain and Equivalent Rs. 55,000/.
Major and Equivalent Rs. 1,50,000/.
Lt Colonel and Equivalent Rs. 2,00,000/-.
Colonel and Equivalent Rs. 2,50,000/-.
Brigadier and Equivalent Rs. 3,30,000/-.
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No. 34(6)/2012-D(Pay/Services)
Government of India
Ministry of Defence
New Delhi, the 26th November, 2012
To
The Chief of Army Staff The Chief of Air Staff The Chief of Naval Staff
Subject: Implementation of Supreme Court order dated 4.9.2012 in IA No. 9 of 2010 in Transfer Petition ( C) No. 56 of 2007— Union of India and others versus N.K.Nair & others, etc,etc.
Sir,
In compliance of the Supreme Court order dated 4.9.2012 on the above subject. I am directed to convey that the Government of India has decided to refix the pay without deduction of rank pay w.e.f. 1.1.1986 in respect of the affected officers of the armed forces in conformity with the orders of the Kerala High Court order dated 5.10.1998 in the case of Maj A.K.Dhanapalan versus Union of India & others.
2. Instructions regarding the modalities and methodology of payment to the affected officers of the armed forces and the provisioning of funds for the same are being issued separately in consultation with Service Hqrs, CGDA, Defence (Finance) and Ministry of Finance.
3. This issues with the concurrence of Ministry of Defence (Finance) vide their Dy. No.5554/FA/DS dated 23.11.2012.
Yours faithfully,
Sd/-
(Praveen Kumar)
Director (AG.I)
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(SOURCE-PAY COMMISSION NEWS)
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