Dear Veterans,

Giving case to AG by MOD was expected. Whatever may be the assertions of MOD but the reason there of is that the AG is part of Govt and no wonder he may well support MOD because of the MoD’s interpretations, inferences and similarities drawn out of the HHC Kerala and HSC judgments.

My analysis and reservations are given below:-

1.       As per the judicial pronouncements and judgments Rank Pay which was introduced exclusively for AF Officers from Capt to Brig wef 01 Jan 86 in IV CPC was in addition to Basic Pay and it forms part of basic pay which means it earns all those allowance basic pay earns. My assertion here is that it is grossly incorrect of adding rank pay to basic pay for comparison of AF Officers pay with their civilian counter parts.

2.       The Judgment says the deduction of rank pay from total emoluments while fixation of pay was incorrect, irregular and illegal.

3.       The Judgments were delivered in the case of Maj Dhanapalan who was Capt on 01 Jan 1986 and whose rank pay was deducted from the total emoluments while fixation of the pay. Maj Dhanapalan retired in the IV CPC era only and he was not effected fixation of pay in V CPC on 01 Jan 1996.

4.         The HSC in its judgment in the case of Maj Dhanapalan, clarified that its order shall govern all similarly situated officers who have not approached the court and  also  those  who  have filed  Writ  Petitions  which  are   pending   before   various   High   Courts/Armed Forces Tribunal.

            What MoD has interpreted and drawn inferences and similarities from the phrase similarly situated officers by co-relating to Maj Dhanapalan were officers who were in the ranks of Capt to Brig on 01 Jan 1986 as that of Maj Dhanapalan this is the first similarity that MOD has drawn from the judgment. Since Maj Dhanapalan was retired in IV CPC era only and his case was not involved in deduction of rank pay on 01 Jan 1996, the MoD has drawn second similarity of Maj Dhanapalan case and closed Rank Pay case on 31 Dec 1995. Now see how cleverly and smartly the MOD babus have drawn the similarities and inference from the judgments. They remained silent as far as deduction of rank pay in Vth CPC and couple of other irregularities they committed in fixation of pay in Vth CPC on 01 Jan 1996. They drawn similarities in correlation to Maj Dhanapalan only and left with all other irregularities they committed in fixation of pay in Vth CPC. I am giving below certain tables as to how CDA (O) has fixed pay on 01 Jan 1996 and self calculation of pay as on that date.

BASIC PAY FIXED BY CDA(O) ON 01 JAN 1996 5th CPC Details of Fixation Amount Basic Pay 3600 11yrs service & 2 yrs ante-date Rank Pay 200 DA 5180 148% of 3500 IR I 100 IR II 380 40% of Basic + Rank Pay 1520 Total 10980 Less Revised Rank Pay 400 Emoluments after deduction 10580 This includes rank pay of Rs 201/- & the pay can not be compared with civ counterparts Basic Pay under 5 Pay Comm 10800 SELF CALCULATION OF BASIC PAY ON 01 JAN 1996 Details of Fixation Basic Pay Rank Pay Pay 3600 200 DA (148% on max B+RP 3500 4884 296 148% IR I 95 5 IR II 360 20 40% of pay 1440 80 Total 10379 601 Pay to be fixed to bring at par with civilian counter parts 10800 800 In Next slab multipule of 200 Capt Maj Lt Col Col Brig Rank Pay in IV CPC 200 600 800 1000 1200 Rank Pay Ratio in IV CPC 1 3 4 5 6 Rank Pay in V CPC 800 2400 3200 4000 4800 Rank Pay Ratio in V CPC 1 3 4 5 6 SELF CALCULATION OF BASIC PAY OF CAPT WITH 5 YRS SERVICE ON 01 JAN 96 Details of Fixation Basic Pay Rank Pay Pay 2800 200 DA (148%) 4144 296 IR 1 93 7 IR II 280 20 Add 40% Unrevised pay 1120 80 Total 8437 603 Pay to be fixed at starting Basic 9600 800 In Next slab multipule of 200

            If we carefully study the pay fixation by CDA(O) in table 1 above, they have given all that allowances on rank pay but clubbed together with basic pay which was grossly incorrect and irregular. Out of the total emoluments they deducted only 400 towards revised rank pay (though the total rank pay was Rs 601) and rest amount including unrevised rank pay fixed as basic pay to show was that a captain with 13 years service and with 13 increments is at par with his civilian counter part. Does not it mean the civilian counter part has got the benefit of unrevised rank pay meant for AF Officers only? Isn’t it an eye opener for all of us as to how babus have cheated us? Our rank pay of IV CPC multiplies by three times and not just doubles as given to us in Vth CPC.

            In IV CPC pay fixation case the babus have done one mistake of deducting rank pay but in pay fixation in Vth CPC they made three mistakes thinking that AF officers will never raise any doubts/cases.

            May I request RDOA, the remedy now is only filing contempt case bringing out as to how babus have drawn the similarities from the judgments and closed rank pay arrears at 31 Dec 95 in IVth CPC era only though the same mistake of irregular deduction of rank pay coupled with more irregularities were committed once again by babus in Vth CPC.

            Since AG is part of Govt who is respondent in this case, we as the petitioners need not wait for AG’s remarks.