AN ADVISORY:IV PAY COMMISSION RANK PAY ANOMALY CASE

From: RDOA India [mailto:rdoaindia@gmail.com]
Sent: 18 August 2010 07:55
To: IESL League; Vijay Oberoi; Harwant Singh; harwant singh; Exservicemen Joint Action Front Sanjha Morch; Inderjit Singh; Indian Veterans -; ashok joshi
Cc: anand.vkanand49@gmail.com; paramjit_49@yahoo.com; bhupendra sharma; satty; vinod suri
Subject: AN ADVISORY:IV PAY COMMISSION RANK PAY ANOMALY CASE
Dear Sir/Member
Following for your info

Short Brief of Case (Rank Pay Anomaly of 4th CPC, due to deliberate incorrect implementation by MoD) so far.

Vide order dated 8.3.2010, the Hon’ble Supreme Court was pleased to pass final orders in the T.P. (Civil) No. 56 of 2007 and after transferring, the Writ Petitions pending before the High Courts of Kerala, Andhra Pradesh and Allahabad were allowed and W.P. (Civil) Nos. 96 of 2009 and 34 of 2009 pending before the Hon’ble Court were also allowed. The Hon’ble Court also allowed the application for intervention in T.P. (Civil) No. 56 of 2007.

After hearing detailed arguments, the Hon’ble Court agreed with the judgment dated 5.10.1998 passed by the learned Single Judge of the Kerala High Court in O.P. No. 2448 of 1996 and the order dated 4.7.2003 passed by the Hon’ble Division Bench of the Kerala High Court in W.A. No. 518 of 1999 and while upholding the aforesaid judgments and reasoning, directed to pay the rank pay to officers of the Armed Forces retrospectively with effect from 1.1.1986 and also directed to pay 6% interest p.a. accordingly.

Against the aforesaid order dated 8.3.2010, Union of India, the Applicant, has filed an interlocutory application (I.A.) for directions seeking modifications/ directions/recall of order dated 8.3.2010. As advised by our counsel no such provision exists in the Supreme Court to file an IA. In response to this, the RDOA has filed a detailed and comprehensive counter affidavit in the apex court. As per directions of the court UOI will be given four weeks time to file
rejoinder before the case gets listed for disposal.

Off late there have been instances wherein officers who are ill informed about the case have been floating papers / writing to corridors of power / seeking to go to the Supreme Court to vacate the appeal filed by the UOI. Such hasty and half cooked actions will only complicate matters and lead to further delays. RDOA wants to assure all veterans that thorough research has been done on the case before resorting to litigation. Chances of the case floundering are remote,
but if people file litigations in their exuberance on the subject matters the case may go on a tangent and result in loss of benefits.

It is therefore requested that all veterans should refrain from writing / going in for litigation on any issue / point related to the IV Pay Commission rank pay anomaly case.

Your cooperation is highly solicited. There are no brownie points to be scored.

This mail is being circulated to protect the interests of officers so that they do not fall prey to vested interests out to make a fast buck.

For Brig Kamboj only
It is requested that wide publicity be accorded on your RMS network.

For IESL /IESM/ Naval Foundation / Air Force Association only

It is requested that same be passed on your network / website too.

Thanking you
Secy RDOA