Tuesday, March 9, 2010

Supreme Court Judjement.on 08 Mar 2010..Maj Dhanapalan's case

From: bhupendra sharma beekay_sharma49@yahoo.co.in
Sent: 09 March 2010 06:40
To: CS Kamboj;
Cc: rdoa; satwant bansal
Subject: JUDGMENT IVTH PAY COMMISSION ANOMALY

Dear Brig Kamboj,

It is the result of collective fight. As you have always been telling the veterns through your emails. I am grateful to you for such high words for me and RDOA. Sir you may like to put it on "REPORT MY SIGNAL". My TELE Nos are 011-25081308, 09871351203 and 09212252627. Col Satwant isINGH s available on 09818039172. All officers serving and retired are welcome to contact us for any clarification on this.

BEEKAY
(Lt Col BK Sharma, Chairman Retired Defence Officers’ Association)

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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.
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THE END

5 comments:

  1. On the official web site of The Hon'ble Supreme Court of India,http://www.supremecourtofindia.nic.in/ the "case status" button reveals that the status is "pending". The above mentioned posting may therefore be in need of reconciliation.

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  2. There is a news item in Economic Times which says that this judgement of Supreme Court is not applicable to officers commissioned or retired post 1996 as they were covered under 5th and 6th pay commissions .Is this statement correct as far as officers who were holding the rank of Capt /Major /Lt Col /Col /Brig as on 01Jan 1986 and who retired after 01 Jan 1996 .Please clarify .

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  3. AT PRESENT WE ARE AT THE MERCY OF PDA BANK CLERKS WORKING OUT OUR PENSION/ DA HIKES AND ARREARS WHICH MANY TIMES REQUIRES RECHECK ,Can we take up a case wherein PCDA PENSIONS DOES IT DIRECTLY SO AS TO AVOID DELAY AND ERRORS
    majormehandru@gmail.com

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  4. As per Sc Judgement 'The benefit be extended to all eligible officers'covering all officers who were in service during the erroneous implementation of the IV pay commission recommendation.The Govt may have its own financial constraits to delay paying arrears..I dont find any doubt about the status of the SC judgement Maj(Retd) S K Sharma, Jaipur

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  5. I was commissioned on 25 jul 1983 and retired on 01 Feb 2003 with ranks service from 09 Dec 1963 to 24 Jul 1983. Am I eligible for Capt rank pay from Aug 1987 (Actg Capt) and substantive Capt from 25 Jul 1989. My personal number SL 03025X Major Nazar Singh Gill PPO No M/003862/2002 (email -majornazarsgill@yahoo.com or Majornsgill3025@gmail.com). Please advise to register my name with RDOAINDIA and takeup my case and membership registeration and payment mode etc.

    ReplyDelete