Thursday, March 11, 2010

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.

FINALITY IN MAJ AK DHANAPALAN CASE - SC relief to officers over pay anomalies Orders arrears with 6 pc interest to all affected

 Vijay Mohan, Tribune News Service


Chandigarh, March 9

Ruling that rank pay forms part of basic salary, the Supreme Court, in a significant decision affecting thousands of armed forces personnel, granted arrears arising out of anomalies in the fixation of pay consequent to the Fourth Pay Commission. Upholding an earlier High Court ruling, the apex court has also ordered that interest at the rate of 6 per cent be paid on the arrears. The Fourth Pay Commission recommendations were implemented with effect from January 1, 1986.

Legal experts are of the opinion that this would require re-fixation of pay based on the Fourth and in some cases Fifth Pay Commission. Though the calculation of the exact amount of arrears could be a time consuming and tedious exercise, some officers estimate that they could amount from several thousand rupees to a few lakh rupees, depending upon the rank and length of reckonable service of an individual.
After the Fourth Pay Commission, an integrated pay scale of Rs 2,300-5,100 was implemented for officers from the rank of second lieutenant to brigadier. In addition, rank pay ranging from Rs 200 to Rs 1,200 was authorised to officers from the rank of captain to brigadier, which was to be added into the basic pay for all intents and purposes. However, while fixing the pay in the new scales, an amount equal to the rank pay was deducted from the emoluments resulting in financial loss to all affected officers. Hence all officers holding the rank of captain to brigadier as on January 1986 suffered cumulative losses.

Deciding a case filed by Maj AK Dhanapalan, the Kerala High Court had termed this deduction of rank pay as illegal. An SLP filed by the Union government against this order was also dismissed, though not on merits but on technical grounds of limitation. Soon thereafter, many similar petitions were filed in various high courts all over the country. These were clubbed together and transferred to the Supreme Court to be heard along with an SLP of similar nature that had arisen out of a case that was allowed on the basis of the judgement in Dhalapalan’s case.

The Supreme Court yesterday upheld the judgement in Dhalapalan’s case, delivered in 1998, and the apex court granted relief to all similarly placed officers. Some officers had also contended that incorrect fixation for pay in 1986 also had an adverse effect in pay fixation during subsequent pay commissions.
A large number of veterans and ex-servicemen’s organisations had also written to the defence minister and the prime minister in this regard. In their letters to the government, some veterans had estimated that about 40,000 to 50,000 officers, both serving and retired including widows would be directly affected.

Ex-servicemen to finally receive pending pensionary benefits -Cong Flays Advani For Questioning PM On Move

In a belated move to provide relief to over 12 lakh ex-servicemen, the defence ministry has now issued orders to implement pending pensionary benefits to them involving an annual expenditure of about Rs 2,200 crore. This comes after an assurance in this regard by PM Manmohan Singh in the Lok Sabha recently after a spat with BJP veteran L K Advani. Congress, faulted Advani for questioning the PM in Parliament about the pension parity among ex-servicemen of the same rank without ascertaining the facts from defence ministry. Its only a question of a couple of weeks before the decision announced on the floor of the House will take effect and the beneficiaries will start receiving the amount due to them with retrospective effect, said party secretary Praveen Davar. With the fresh orders, all 7 recommendations of committee on pensions have now been implemented,which brings it closer to the one rank,one pension demand of ex-servicemen. MoD officials said the government had on March 8 issued orders for implementation of the remaining two of the seven recommendations. One, parity between pensions of personnel below officer rank who retired pre and post October 10,1997. And two, further improvement in PBOR pensions based on the GoM award.

(source-toi)
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Orders issued for pensionary benefits to ex-servicemen


In a move that will bring relief to over 12 lakh ex-servicemen, the Defence Ministry has issued orders to implement pending pensionary benefits to them involving an annual expenditure of about Rs 2,200 crore. The decision followed recommendations by a high-level committee and recent assurance in this regard in the Lok Sabha by Prime Minister Manmohan Singh. With these orders, the ministry has implemented all the seven recommendations of committee headed by Cabinet Secretary K M Chandrasekhar on pensions, which would now be close to the 'One Rank-One Pension' demand of ex-servicemen, senior ministry officials said today. "The Defence Ministry issued the orders on March 8 this year to implement the remaining two of the seven suggestions of the Cabinet Secretary K M Chandrasekhar-headed committee on 'One Rank-One Pension' demand," they said.

(source-PTI News)
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Further, some more good news pouring in....

The  AFT Chandigarh had ordered that the Central Govt sanction OROP to all af pensioners, as per the newspaper reeports. PLEASE CLICK   AFT Grants OROP

(SOURCE- HINDUSTAN TIMES)

Sunday, March 7, 2010

Simplification of procedure for payment of family pension to handicapped son/daughter of Govt servants/pensioners: Submission of Certificates -NOW ONCE AN YEAR

THE FOLLOWING IS POSTED FOR THE BENEFIT OF INFORMATION OF ALL VETERAN BROTHERS:-
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Circular No. 143
No.AT/Tech/F.P./351
O/o the Pr. C.D.A. (P)
Allahabad

Date : 08.01.2010

Sub: Simplification of procedure for payment of family pension to handicapped son/daughter of Govt servants/pensioners: Submission of Certificates

A copy of Govt of India, Ministry of Personnel, public grievances & Pension, Department of pension & pensioners welfare OM No 1/16/08-P&PW(E) dated 9th March 2009 and Ministry of Defence, Department of Ex-servicemen welfare letter No906/A/D(Pension/Sers) 05 dated 10th November 2009 on the above subject are reproduced as Annexure I & II respectively for information and guidance of all concerned.

As per existing practice and as laid dawn in dauses (iii) & (vi) and the explanation (d) there under below the proviso to sub-rule 6 of Rule 54 of CCS (Pension) Rules 1972, the son, or daughter of a government servant/pensioner to whom family pension has been sanctioned and is suffering from any disorder or disability of mind (including mentally/retarded) or physically crippled or disabled so as to render him or her unable to earn livelihood even after attaining the age of 25 years were hitherto been required to furnish a certificate to the Treasuries/Banks as the case may be, every month, to the effect that (i) he/she has not started earning for his/her livelihood; and (ii) in case of daughter, that she has not yet married.

For simplification of existing cumbersome procedures with regard to payment of family pension to handicapped/disabled son/daughter of government servants/pensioners particularly with regard to submission of a certificate to the Treasury/Bank as the case may be, every month by the guardian or son or daughter. The Ministries have now decided vide their ibid OMs that in all such cases the guardian or son or daughter shall furnish a certificate to the Treasury/Bank as the case may be, every year instead of every month as provided in the existing provisions, subject to the conditions that in case of any eventuality taking place at any point of time during the year, the same shall be reported by the guardian or son or daughter to the Treasury/Bank at the earliest possible.

In view of the above, it is requested that all pension paying branches/treasuries/DPDOs/PAOs under your jurisdiction may be instructed to follow the above mentioned instruction for obtaining the certificate for continuance of payment of family pension to son, or daughter of a government servant/pensioner suffering from any disorder or disability of mind (including mentally retarded) or physically crippled or disabled.

(D.C.HANSDA)
Dy.CDA (P)
================

THE PRIME MINISTER'S REPLY IN LS : OROP/CoS REPORT

The PM's reply (extract) in LS on 5.3.2010, is posted below :-
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"Advaniji had also raised the issue of One Rank One Pension to ex-servicemen. He has stated that the commitment I made in my last year's Independence Day speech and Finance Minister’s promise in his budget speech of July 6, 2009 have not been honoured. This is not correct. The factual position is that we had constituted a Committee under the Cabinet Secretary to look into the issue of One Rank One Pension and other related matters. The Committee did not recommend One Rank One Pension. But whatever recommendations the Committee made to substantially enhance the pensionary benefits of persons below officer rank and commissioned officers were accepted by the Government and this is what I had stated in my Independence Day speech. The recommendations which have been accepted cover what the Finance Minister had promised in his budget speech of 2009. Of the seven recommendations that the Committee made, five have been implemented. The two recommendations which have not been implemented will be implemented very soon. "

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(source-PIB)

Did PM mislead House on pension?-Advani demands clarification after receiving letter from ex-servicemen

New Delhi : The BJP has demanded a clarification from the Government on Prime Minister Manmohan Singh’s statement in Parliament on Wednesday that ex-servicemen were getting enhanced pension. Although senior BJP leader LK Advani had then expressed satisfaction over the Prime Minister’s response, the need for the party to revisit the issue comes after Advani received a letter from an ex-servicemen panel stating that the pension scheme had not been implemented. Addressing the BJP Parliamentary Party meeting on Thursday, Advani said he had got a letter from the Indian Ex-Servicemen Movement (IESM) stating that “till today no jawan or JCO has received any orders for enhancement of pension”. He had on Wednesday also expressed satisfaction over the Prime Minister’s statement that the Government had honoured its promise of enhancing pension and it was implemented.
Informing reporters about the issue, BJP leader M Venkaiah Naidu said after the meeting that Advani had told his colleagues that the Prime Minister should have studied the matter and then spoken about it.

The letter by ex-servicemen, which the BJP said was sent to Advani after his clash with the Prime Minister during the Presidential Address debate, was written by Vice Chairman IESM, Maj Gen (Retd) Satbir Singh. The IESM has cited the Government order of July 6, 2009 on enhancement of pension of ex-servicemen and maintained that even enquiries from the Service Headquarters have confirmed that orders for the same have not been received. “It is a very serious matter of impropriety by the person no less than the Hon’ble Prime Minister of India on the floor of the House,” the letter states. Naidu said, “This matter should be taken seriously. The Parliamentary Party will see how the matter can be taken up further as it involved intervention of the Prime Minister. We demand the Government to respond.”The verbal duel between Advani and Singh had taken place when the BJP leader noted that Finance Minister Pranab Mukherjee had specifically said he had accepted Rs 2,100-crore increase in expenditure per year for the purpose. “I am told that it has not been implemented, it has not been done,” Advani said. When the Prime Minister remarked that it did not “behove for anyone in this House to create a rift between the services and the Government of the day”, Advani refuted the charge saying he was not creating a rift.

The Prime Minister had informed the House that whatever the FM had stated in his Budget speech had been implemented. Advani then expressed satisfaction saying, “Well, if it has been implemented, I am very happy. But I can tell you that this is not the feeling that I got from the ex-servicemen." Incidentally, ex-servicemen have been agitating for the last couple of years on the issue of one-rank-one-pension. Many of the decorated soldiers also returned their medals to the President as a mark of protest.

The government last year set up a committee headed by the Cabinet Secretary, but the panel did not find the one-rank-one-pension demand administratively feasible. However, the committee suggested some steps to bridge the gap between the pension of soldiers who retired before 1997 and after it. The government also created another slab of soldiers who retired after 1997 but before 2006 and those after 2006, instead of four slabs existing earlier. Defence Minister A K Antony informed the Rajya Sabha in a written reply on Wednesday that these two recommendations were now under the consideration of the Finance Ministry and around 12 lakh ex-servicemen would be benefited.
(source-pioneer)

Saturday, March 6, 2010

BJP accuses PM of misleading Parliament -No Jawan Received Orders For Pension Enhancement

New Delhi: A day after locking horns with Manmohan Singh during the debate on Presidents address, senior BJP leader L K Advani said the Prime Minister had breached parliamentary propriety by making false claims that enhanced pension announced for army personnel had been met. Advani informed BJP MPs about the PMs claim in Lok Sabha on Wednesday that the government had implemented its decision on enhancement of pension to JCOs and jawans.No JCO or jawan has received any such orders.This is a very serious matter of parliamentary impropriety, senior party leader M Venkaiah Naidu told reporters, quoting Advani.

Advani,who is chairman of the BJP parliamentary party,was speaking at a meeting of BJP MPs here on Thursday.He cited a letter written by Maj Gen (retd) Satbir Singh,vicechairman of Indian Ex-Service-men Movement,where the latter had mentioned the July 6,2009 order. The PM had intervened several times on Wednesday while Advani was replying to the motion of thanks for the Presidents address in Lok Sabha,including on the issue of enhancement of pension to exservicemen.Advani had on Wednesday pointed to Singhs Independence Day speech in which he had referred to steps regarding exservicemen demand on one-rank-one-pension.In the Lok Sabha,Singh said whatever promises had been made were delivered by the government and that Advani should not create a rift between the Services and the government. Advani said that the Prime Minister should have studied the matter properly and then spoken on it.This impropriety should be taken seriously, Naidu said.The government had earmarked Rs 2,100 crore per year for the benefit of 12 lakh JCOs and jawans.

Advani praised his party MPs for their performance in Parliament on cornering the government on price rise.On the future strategy,he said the Kashmir issue and US pressure on Indias foreign policy matters should be emphasised by BJP in Parliament.

(Source-toi)