PARAWISE COMMENTS PREPARED BY MAJOR AK DHANAPALAN
ON THE REVIEW PETITION FILED BY UNION OF INDIA
IN THE SUPREME COURT OF INDIA ON /5/2010
Para.1 - Main reason given for review, is huge amount (Rs.1623.7 Cr) involved. The judiciary has to look into whether justice has been done to the respondents or otherwise. It was proved beyond doubt that justice has NOT been done to the petitioners by the applicants.
Para2. - The present case is NOT related to the manner of pay fixation as prescribed in chapter 28.1 or 28.113 of the Pay commission report. The Pay Commission report is only RECOMMENDATORY in nature and has no legal standi. The Govt resolutions are statutory provisions. Resolution No.9E dt 18/3/87 clearly define that “Method of fixation of pay recommended for civilian employees in chapter 31 of the report should also be applied to the Armed Forces” . Accordingly the method of fixation notified in SRO 12E dt 23/9/86 is applicable in the case of Armed Forces.
Para.3- No Provision exists for reduction of Rank Pay from the total emoluments before fixing the pay in the scale. Rank Pay has been granted “in-addition to basic pay” .(Para (1) (i) of the said resolution No.9E dt 18/3/87) This Rank Pay has been granted exclusive to Armed Forces.
Para.4- The Rank Pay is not meant to differentiate between the ranks by deducting the same from the Basic Pay. The contention of the petitioner is absolutely wrong. Army Instruction is a subordinate instruction and cannot over ride the statutory rules.
Para.5.- “Carved out of emoluments” is a new terminology used in this petition only. This is nowhere used either in the pay commission report or in the Govt orders. This terminology is used only to mislead this H’ble court. Method of fixation of pay has been defined in the said SRO which also gives all required definitions/ explanations (para3).
Para6.- Govt of India through the resolutions 9E dt 18/3/87 under Para (1) (i) granted “Basic Pay and Rank Pay -addition to Basic Pay” The rate of rank pay recommended by the pay commission was revised by the Govt twice on the intervention of the Armed Forces and from some other corner and accepted the present rate after due deliberations in the cabinet and the Indian Parliament was also taken into confidence. This was also widely publicized through the media to give an impact in the public. It cannot be now said that the grant of Rank Pay was un-intentional.
Para7,8&9. - Aggrieved by the deduction of Rank Pay from the basic pay Major AK Dhanapalan filed a petition in the High Court of Kerala. The H”ble High Court was pleased to admit the plea of Major AK Dhanapalan and directed the respondents to re-fix the pay without deducting the rank pay with re-trospect from 1/1/86. The writ appeal and the SLP filed in the Supreme Court were dismissed. Accordingly the UOI accepted the judgment and implemented the same by re- fixing the pay of Major AK Dhanapalan wef 1/1/86 and the arrears were paid. No review petition on this issue was filed by the UOI or pending before any court. As such it becomes a settled law.
Para 10,11. – The UOI has decided to NOT to extend benefit of this judgment to other similarly personnel, on the plea that benefit will be given only to the respondent of the case. Aggrieved by this decision effected officers also approached various High Courts across the country.
The UOI requested this H”ble court to get all these cases transferred to this court. Accordingly some of the cases were transferred to this H”ble Court. Since all these cases are of similar nature, one case as a pilot case has been examined by the court and after hearing both side, pronounced the judgment on 8/3/2010.
Para.12- Judgment of 5/10/98 and 4/7/2003 of the High Court of Kerala are implemented only in the case of Major AK Dhanapalan.
Para.13. Rank Pay has been paid to only Major AK Dhanapalan and this is a clear discrimination. The respondents and other similarly placed officers have not been paid the Rank Pay. This can be very much seen from Para 3 and 6 of this review petition itself.
Para 14.- Judgment of 5/10/98 is very clear on this issue. Had it been
Paid to all similarly placed officers at that point of time, the lump-sum
Amount required would have been less. The petitioners not only will fully denied justice to the similarly placed officers of the Armed Forces but also un-lawfully retained a large sum with them which otherwise due to them. The respondents were fully aware fully aware
of this fact when the y paid arrears to Major AK Dhanapalan.
Para.15.- all these prayers are liable to be dismissed with cost.
Maj AK Dhanapalan
Sunday, June 20, 2010
Monday, June 7, 2010
Anomaly in Circular 430 by Cdr Pathak
From: Ravindra Pathak
Sent: 04 June 2010 16:15
To: Pr. CDA(Pension), Allahabad
Subject: Anomaly in Circular 430
Dear Sir
Kindly refer to Government of India Ministry of Defence Department of Ex Servicemen Welfare letter no PC10(1)/2009-d(Pen-Pol) dated 08 Mar 2010 regarding improvement in the pension to bridge the gap in pension of Pre 01.01.2006 and Post 01.01.2006 discharged Personnel Below Officer Rank (PBOR) of Armed Forces.
It is seen that
1. As per Table 124 (Master Warrant Officer GP "I" Discharged prior to 01.01.1996 (ii)- GP "I" Discharged between 01.01.1996 and 09.10.1997 and (iii) - GP "X" Discharged between 10.10.1997 and 31.12.2005) of the above quoted letter the pension of MWO is revised to Rs. 13590 w.e.f 01.07.2009.
2. As per Table 133(Viceroy Commission Hon Officers) of the above quoted letter the pension of Hon Lt and equivalent is revised to Rs.15465 and that of Hon Capt and Equivalent t Rs 16145 w.e.f 01.07.2009.
3. The Pension of Hon Officers who have retired between 1953 and 31.12.2005 have been not given any increase and thus they are languishing at Rs 13500 and Rs 13850 for Hon Lt and Hon Capt respectively.
It would thus be seen that Hon Lt who retired between 1953 and 31.12.2005 are drawing a pension less than that of MWO (Rs 13590) and Hon Officers who were Viceroys commission.
The above quoted letter also does not give any increment to a widow and thus they are at an handicap. The letter also does not specify as to what would be the pension of a widow whose husband drawing pension as per various table referred to in the above quoted letter dies after 01/07/2009.In the absence of any clarification it would be open to speculation that she will go back to old pension of a widow prior to issue of the above quoted letter.
You are kindly requested to clarify the matter and action being contemplated to rectify the anomaly.
Best regards
Cdr Ravindra Waman Pathak I.N.(Retd)
Member and Coordinator IESM Pension Cell
Sent: 04 June 2010 16:15
To: Pr. CDA(Pension), Allahabad
Subject: Anomaly in Circular 430
Dear Sir
Kindly refer to Government of India Ministry of Defence Department of Ex Servicemen Welfare letter no PC10(1)/2009-d(Pen-Pol) dated 08 Mar 2010 regarding improvement in the pension to bridge the gap in pension of Pre 01.01.2006 and Post 01.01.2006 discharged Personnel Below Officer Rank (PBOR) of Armed Forces.
It is seen that
1. As per Table 124 (Master Warrant Officer GP "I" Discharged prior to 01.01.1996 (ii)- GP "I" Discharged between 01.01.1996 and 09.10.1997 and (iii) - GP "X" Discharged between 10.10.1997 and 31.12.2005) of the above quoted letter the pension of MWO is revised to Rs. 13590 w.e.f 01.07.2009.
2. As per Table 133(Viceroy Commission Hon Officers) of the above quoted letter the pension of Hon Lt and equivalent is revised to Rs.15465 and that of Hon Capt and Equivalent t Rs 16145 w.e.f 01.07.2009.
3. The Pension of Hon Officers who have retired between 1953 and 31.12.2005 have been not given any increase and thus they are languishing at Rs 13500 and Rs 13850 for Hon Lt and Hon Capt respectively.
It would thus be seen that Hon Lt who retired between 1953 and 31.12.2005 are drawing a pension less than that of MWO (Rs 13590) and Hon Officers who were Viceroys commission.
The above quoted letter also does not give any increment to a widow and thus they are at an handicap. The letter also does not specify as to what would be the pension of a widow whose husband drawing pension as per various table referred to in the above quoted letter dies after 01/07/2009.In the absence of any clarification it would be open to speculation that she will go back to old pension of a widow prior to issue of the above quoted letter.
You are kindly requested to clarify the matter and action being contemplated to rectify the anomaly.
Best regards
Cdr Ravindra Waman Pathak I.N.(Retd)
Member and Coordinator IESM Pension Cell
Tuesday, April 13, 2010
PENSION REGULATIONS US ARMY
From: Rakesh Prasad Chaturvedi rpchaturvedi@gmail.com
Sent: 08 April 2010 21:54
Subject: PENSION REGULATIONS US ARMY
I am trying to locate the scales of pension of US Forces (pension regulations?). More importantly the issue is-Does the pension remain constant, ie once fixed remains same throughout life OR does it get reviewed so different generations of say Colonels/ Brig or whatever, get SAME pension, independent of the year they retired. Viz does a Korean War veteran or a WW2 veteran get same pension that is drawn by an equivalent rank retiring today?
Input about other defence forces would be welcome too.
Would appreciate your assistance. ASAP. IN relation to a project I am doing with reference to OROP in India.
--
With Warm Regards,
Col RP Chaturvedi,
Sent: 08 April 2010 21:54
Subject: PENSION REGULATIONS US ARMY
I am trying to locate the scales of pension of US Forces (pension regulations?). More importantly the issue is-Does the pension remain constant, ie once fixed remains same throughout life OR does it get reviewed so different generations of say Colonels/ Brig or whatever, get SAME pension, independent of the year they retired. Viz does a Korean War veteran or a WW2 veteran get same pension that is drawn by an equivalent rank retiring today?
Input about other defence forces would be welcome too.
Would appreciate your assistance. ASAP. IN relation to a project I am doing with reference to OROP in India.
--
With Warm Regards,
Col RP Chaturvedi,
Tuesday, March 16, 2010
Gist of the 156 orders vide circular 430 of PCDA is given below courtesy Cdr Balaji of Pension Cell.
Dear Sir
Gist of the 156 orders vide circular 430 of PCDA is given below courtesy Cdr Balaji of Pension Cell.
The orders are too complicated for a layman to comprehend.
Individuals having any questions may write to pension@iesm.org
Brgds
R W Pathak
PCDA CIRCULAR 430
Para 4.1 – Not applicable to Families of PBOR
Para 3 - GOI letter to take effect from 1.7.09 and Fixation / arrears paid in a Time Bound manner say 2-3 months.
Para 4.2 Does not apply to Hony Commissioned Officers
Para 6.1 – PDAs to revise the Pension with out calling for applications and taking down the details from the Original PPO (to ascertain which Group, etc)
Para 6.1 (i) on wards is very important – PDAs to refix Pension of all PBORs w.e.f. 1.1.996 as was fixed in 1997.
Para 6.2 – Existing Pension as on 1.1.96, pre- 10.10.2007 and post 10.10.2007 will be the same (This is as a sequel to the Supreme Court Order given recently as it is an anomaly corrected and has to be from ORIGINAL DATE and some artificial date………as per Judgement) and hence the PDAs have really work on it In my view the addl Pensionery benefits given w.e.f. 10.10.97) – all have to be re-fixed with DRs etc and that is a huge job)
Para 6.4 – Pension can be corrected if there is any discrepancy vis a vis the Tables provided.
Para 7.1 – Qualifying Service – It is shown in PPO from 1988 but for Personnel prior to that they have to produce their discharge certificate (IAFA-369)
Para 7.3 – From 9.10.1997 all those in different Trade were regrouped in X, Y & Z and this has to followed and is effective form 1.1.1996.
Para 8 – Pensioners in receipt of 2 Pensions – Both would be revised as per the Tables below.
Para 8.2 DSC Personnel – Those in receipt of Army Pension and DSC Pension – only Army Pension would be revised and for the DSC Pension to be referred to PCDA.
However, if they are receiving only DSC Pension then their Pension can be revised as per the Tables.
Para 9.1 – Where the Pensioner was alive on 1.7.2009 and died subsequent to this date then the legal heir is entitled to Life Time arrears
Para 10 – No arrears will be applicable prior to 1.7.2009
Para 11.1 Banks to render a Monthly Progress report to PCDA as per Annexure ‘C’
Para 11.3 (Verbatim) A copy of the said Annexure “C” will invariably be provided by the PDA to the Pensioners concerned for their information
NOTE: A copy of PCDA Circular and GOI, MOD letter PC10(1) 2009(D)/(Pen/Pol) dated 8.3.2010 is available on the Web Site www.pcdapension.nic.in
GOI MOD LETTER DATED 8.3.2010
Para 1.1 – All pre-1997 retirees to be brought on par with post 10.10.1997 retirees
Para 1.2 To be fixed notionally at the highest scale of Pay in which retired
Para 1.2.2 – Enhanced weightages to be continued with as per GOM decision(2006)
Para 3.1 Pension Fixation –
Highest scale of Pay in the rank retired applicable from 10.10.1997 corresponding to the fitment tables given in SAI 1/S/2008 +
Minimum of the Pay in Pay Band + 50% of MSP and GP+50% of Highest of Classification Allowance (revised rates effective from 1.9.2008)
Note; Havildars granted Hony rank of Naik Subedar to get additional Pension of Rs.226/-
Para 5.1 – Hony SLT / LT – 50% of the Minimum of Pay Band + 50% of MSP and GP RANKPAY BANDGPMSPPENSION MINIMUM OF PAY BAND + 50% OF GP+MSP
HONY SLT15600-391005400600013500
HONY LT15600-391006100600013850
Para 8 – No arrears will be paid prior to 1.7.2009.
Para 9 – No additional commutation permissible on enhganced Pension.
Para 10 – Will not affect the DCRG already paid. In other words no Additional DCRG in view of enhanced Pension Admissible.
Para 13 – PDAs to fix Pension and Pay arrears with out calling for Applications from the Pensioners.
Para 13.2 – The Pension determined in the Tables is inclusive of Weight age Factor
Cdr Ravindra Waman Pathak I.N.(Retd)
Member and Coordinator IESM Pension Cell
Gist of the 156 orders vide circular 430 of PCDA is given below courtesy Cdr Balaji of Pension Cell.
The orders are too complicated for a layman to comprehend.
Individuals having any questions may write to pension@iesm.org
Brgds
R W Pathak
PCDA CIRCULAR 430
Para 4.1 – Not applicable to Families of PBOR
Para 3 - GOI letter to take effect from 1.7.09 and Fixation / arrears paid in a Time Bound manner say 2-3 months.
Para 4.2 Does not apply to Hony Commissioned Officers
Para 6.1 – PDAs to revise the Pension with out calling for applications and taking down the details from the Original PPO (to ascertain which Group, etc)
Para 6.1 (i) on wards is very important – PDAs to refix Pension of all PBORs w.e.f. 1.1.996 as was fixed in 1997.
Para 6.2 – Existing Pension as on 1.1.96, pre- 10.10.2007 and post 10.10.2007 will be the same (This is as a sequel to the Supreme Court Order given recently as it is an anomaly corrected and has to be from ORIGINAL DATE and some artificial date………as per Judgement) and hence the PDAs have really work on it In my view the addl Pensionery benefits given w.e.f. 10.10.97) – all have to be re-fixed with DRs etc and that is a huge job)
Para 6.4 – Pension can be corrected if there is any discrepancy vis a vis the Tables provided.
Para 7.1 – Qualifying Service – It is shown in PPO from 1988 but for Personnel prior to that they have to produce their discharge certificate (IAFA-369)
Para 7.3 – From 9.10.1997 all those in different Trade were regrouped in X, Y & Z and this has to followed and is effective form 1.1.1996.
Para 8 – Pensioners in receipt of 2 Pensions – Both would be revised as per the Tables below.
Para 8.2 DSC Personnel – Those in receipt of Army Pension and DSC Pension – only Army Pension would be revised and for the DSC Pension to be referred to PCDA.
However, if they are receiving only DSC Pension then their Pension can be revised as per the Tables.
Para 9.1 – Where the Pensioner was alive on 1.7.2009 and died subsequent to this date then the legal heir is entitled to Life Time arrears
Para 10 – No arrears will be applicable prior to 1.7.2009
Para 11.1 Banks to render a Monthly Progress report to PCDA as per Annexure ‘C’
Para 11.3 (Verbatim) A copy of the said Annexure “C” will invariably be provided by the PDA to the Pensioners concerned for their information
NOTE: A copy of PCDA Circular and GOI, MOD letter PC10(1) 2009(D)/(Pen/Pol) dated 8.3.2010 is available on the Web Site www.pcdapension.nic.in
GOI MOD LETTER DATED 8.3.2010
Para 1.1 – All pre-1997 retirees to be brought on par with post 10.10.1997 retirees
Para 1.2 To be fixed notionally at the highest scale of Pay in which retired
Para 1.2.2 – Enhanced weightages to be continued with as per GOM decision(2006)
Para 3.1 Pension Fixation –
Highest scale of Pay in the rank retired applicable from 10.10.1997 corresponding to the fitment tables given in SAI 1/S/2008 +
Minimum of the Pay in Pay Band + 50% of MSP and GP+50% of Highest of Classification Allowance (revised rates effective from 1.9.2008)
Note; Havildars granted Hony rank of Naik Subedar to get additional Pension of Rs.226/-
Para 5.1 – Hony SLT / LT – 50% of the Minimum of Pay Band + 50% of MSP and GP RANKPAY BANDGPMSPPENSION MINIMUM OF PAY BAND + 50% OF GP+MSP
HONY SLT15600-391005400600013500
HONY LT15600-391006100600013850
Para 8 – No arrears will be paid prior to 1.7.2009.
Para 9 – No additional commutation permissible on enhganced Pension.
Para 10 – Will not affect the DCRG already paid. In other words no Additional DCRG in view of enhanced Pension Admissible.
Para 13 – PDAs to fix Pension and Pay arrears with out calling for Applications from the Pensioners.
Para 13.2 – The Pension determined in the Tables is inclusive of Weight age Factor
Cdr Ravindra Waman Pathak I.N.(Retd)
Member and Coordinator IESM Pension Cell
Wednesday, December 30, 2009
Credit Card for Pensioners By Cdr R Pathak
Dear All
Central Bank is offering Credit card to all pensioners upto the age of 65 if you have an account with them.
FYI
Brgds
R W Pathak
Cdr Ravindra Waman Pathak I.N.(Retd)
Member and Coordinator IESM Pension Cell
(Mobile 919822329340)
Central Bank is offering Credit card to all pensioners upto the age of 65 if you have an account with them.
FYI
Brgds
R W Pathak
Cdr Ravindra Waman Pathak I.N.(Retd)
Member and Coordinator IESM Pension Cell
(Mobile 919822329340)
Friday, December 4, 2009
Friday, November 20, 2009
Letter to Secy ESW by V Adm B Ghose Head Pension Cell
From
Vice Admiral Barin Ghose (Retired)
Head IESM Pension Cell
Dear Sir / Madam
The Pension Cell has recieved numerous complaints of Exservicemen regarding non reciept of their dues as per Govt orders. These include
Non payment of arrears of 6th CPC by banks even though Govt had assured payment by 30 Sep 09
Non credit of familiy pension to widows as per directions of GOI
Non credit of pension to Lt Cols on their revision to PB 4.
And many many more
All these are on account of PDAs/Banks not having trained staff/interest or ability to address the complex subject of Military Pensions inspite of being paid for their services.
Request ESW Div of MOD follow the DOPT in having a Pensioners Portal with paid Pensioners Associations to help, Pension Grievance Cell whose details are given below
Pension Grievance Cell
The functions of the Pension Grievances Cell in the Department of Pension and P.W. are as under:-
To register the complaints received from various sources pertaining to pensionary matters
To forward the complaints to the concerned Ministries/Departments etc.,
To pursue with the Departments
To remind the Departments and
To review and monitor the position every fortnight
Pension grievances appearing in the Newspapers/media will be attended to and Editors informed of the action taken.
There are a number of important issues which affect Defence pensioners which we would like to discuss with the Secy ESW.I would like to assure you that Pension Cell will only discuss problems flowing from GOI/MOD approved orders and solict your help for a solution.
I await your early response
Yours sincerely
Vice Admiral Barin Ghose (Retired)
Head Pension Cell
Indian Ex Servicemen Movement
B 449 Sushant Lok I
Gurgaon 122002 Haryana
Phone 124-4044069, Mobile 9871381479
E Mail bag1944@yahoo.co.in
Vice Admiral Barin Ghose (Retired)
Head IESM Pension Cell
Dear Sir / Madam
The Pension Cell has recieved numerous complaints of Exservicemen regarding non reciept of their dues as per Govt orders. These include
Non payment of arrears of 6th CPC by banks even though Govt had assured payment by 30 Sep 09
Non credit of familiy pension to widows as per directions of GOI
Non credit of pension to Lt Cols on their revision to PB 4.
And many many more
All these are on account of PDAs/Banks not having trained staff/interest or ability to address the complex subject of Military Pensions inspite of being paid for their services.
Request ESW Div of MOD follow the DOPT in having a Pensioners Portal with paid Pensioners Associations to help, Pension Grievance Cell whose details are given below
Pension Grievance Cell
The functions of the Pension Grievances Cell in the Department of Pension and P.W. are as under:-
To register the complaints received from various sources pertaining to pensionary matters
To forward the complaints to the concerned Ministries/Departments etc.,
To pursue with the Departments
To remind the Departments and
To review and monitor the position every fortnight
Pension grievances appearing in the Newspapers/media will be attended to and Editors informed of the action taken.
There are a number of important issues which affect Defence pensioners which we would like to discuss with the Secy ESW.I would like to assure you that Pension Cell will only discuss problems flowing from GOI/MOD approved orders and solict your help for a solution.
I await your early response
Yours sincerely
Vice Admiral Barin Ghose (Retired)
Head Pension Cell
Indian Ex Servicemen Movement
B 449 Sushant Lok I
Gurgaon 122002 Haryana
Phone 124-4044069, Mobile 9871381479
E Mail bag1944@yahoo.co.in
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