The Ministry of Defence had itself accepted through affidavits and submissions before the SC that implementation of the judgement in rank and pay would involve re-fixation of not only the Fourth Pay Commission, but would affect successive pay commissions.
Once again the Ministry of Defence has betrayed its soldiers. The Supreme Court judgement in the rank pay case has not been implemented in letter and spirit, making it largely redundant. The MoD has not only denied pay scale upgradation for officers but also, as a result, left out re-fixation of pensions of those who retired before January 1986 as well as consequential benefits to all officers arising out of the implementation of the fifth and sixth pay commissions. This is another case of bureaucratic manipulation against soldiers. The ministry’s letter of December 27, 2012 is applicable to only about 20,000 officers who were holding the rank of Captain to Brigadier on January 1, 1986, whereas it should have covered all officers who are in receipt of pay or pension or family pension which is about 80,000.
The MoD should be questioned as to how the rank of Captain, which was shown before the Supreme Court as equal to Senior Time Scale (STS) till the Third Pay Commission (TPC), was suddenly degraded in the FPC, making STS equal to Major.
The Apex Court clearly ruled that the rank pay granted by the Fourth Pay Commission (FPC) was wrongly deducted from basic pay and ordered re-fixation of pay “with effect from” and not “as on” January 1, 1986, as mentioned in the letter. The letter states that the judgement has no bearing on fifth and sixth pay commissions, and that there shall be no change in instructions issued thereof except those necessitated due to re-fixation of pay on January 1, 1986.
The deduction of rank pay had resulted in depressed scales and status, and once corrected should have resulted in automatic upgradation of FPC scales as well as successive ones, as was fully argued before the court and contained in the various affidavits filed by both the petitioners and the UOI.
The MoD should be questioned as to how the rank of Captain, which was shown before the Supreme Court as equal to Senior Time Scale (STS) till the Third Pay Commission (TPC), was suddenly degraded in the FPC, making STS equal to Major. There was no order by the FPC or any other authority to degrade the rank and club it with Junior Time Scale (JTS). This shows systematic degradation by the MoD without knowledge of the political executive.
Till TPC, Second Lieutenant and Lieutenant were equated with JTS and Captain with STS. After the rank pay fiasco in the FPC, three ranks, that is Second Lieutenant, Lieutenant and Captain were shown clubbed with a single civilian rank of JTS. How could it be allowed that the first military rank of Second Lieutenant along with two promotional ranks of Lieutenant and Captain were all clubbed with the first civilian rank? All happened because of the strange manipulations in the rank pay saga which have now been corrected by the SC.
Similarly a Major drew pay equal to the Selection Grade/Non-Functional Selection Grade of the civil services, but today an SG/NFSG officer enjoys a status and draws a pay equal to a Colonel. Such manipulations and degradation of status and sheen of the military rank continue where civilian staff put up noting sheets and get approvals without taking into confidence the military staff.
The judgement, which was to have a cascading effect on the fixation of pay scales from January 1986 till date, has fraudulently been made applicable only to those persons who were in receipt of rank pay in January 1986.
Stake-holders be consulted before taking decisions that affect them, but it has always been a one-sided affair. The defence minister should know that elements inimical to the soldier would ensure that he does not get to know the correct situation and there is a huge gap between what is projected to him and what is the reality.
The MoD had itself accepted through affidavits and submissions before the SC that implementation of the judgement would involve re-fixation of not only the FPC, but would affect successive pay commissions. Further, it would alter payment of all consequential and resultant benefits of officers and their families wherever applicable. In an affidavit seeking extension of time for implementation of the judgement, the MoD had stated that the judgement related to three successive pay commissions and also affected the benefits of those who retired prior to 1986.
Then how can the MoD issue instructions contrary to the above submission? The staff concerned has very carefully chosen to stick on to certain words without looking at the spirit of the entire order and court proceedings.
The judgement, which was to have a cascading effect on the fixation of pay scales from January 1986 till date, has fraudulently been made applicable only to those persons who were in receipt of rank pay in January 1986.
The letter can easily be termed as “rarest of rare fraud, perjury and Injustice to the defence forces”. How does the government expect demoralised and demotivated officers to lead from the front and sacrifice their lives when it is denying them their due respect, status, inter se equation with other services and emoluments? Certainly the government has clearly not been fair to defence personnel. The letter of December 27, 2012 should be withdrawn and a fresh letter incorporating all aspects of the SC judgement correctly needs to be issued immediately.
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THE FACTS ARE OBVIOUSLY OVERLOOKED BY THE SERVICE HEADQUARTERS AND CHIEFS!
OROP IS A EXAMPLE, SOONER THAN LATER AAAAAAAAALL TOP BRASS WILL RETIRE AND THEN SULK AND CRIB TO THE GALLERY…………..
We in the Forces have a lot of EGO, so much so, that we cannot even share the benefits/ so called privileges. The Seniors wish to utilise them by themselves & leave just very little for others/juniors. The Promotional System & Ltd Vacancies have ensured the cut throat mentality amonst most of us.
Most of the decisions which affects the environment are taken by Cols & above by virtue of holding important appts.. As stated in the article, many of them do not understand the implications of policies having financial/long term effects, especially on matters of finance.Even if they do, they DO NOT take the matters benefiting Juniors seriously/positively that is why we are in such a dire situation today. Agreed that the decisions at the highest levels are made by the illiterate Politicians and babus but the Offrs dealing with them need to have juice in t……b…….to disagree/not agree. But why should they risk their career? unfortunately, Offrs who do not bother about their career on such matters are never posted on such appts for they are rated to be ‘aggressive’ in their ACRs. For a change why NOT start posting such ‘very aggressive Offrs’ on such appts?
Absolutely correct. The’ babus’, I AS, should not be have like ” Imperial Administrative Services.
In early sixties when I was commissioned my CO did not know his own status viz viz the civilians though he had been a lawyer before he joined the army in 1942. In one of the talks during officers training he told us a SP who whore the rank of a Major was actually equivalent of Lt Col and a Collector to a Colonel when the laid down precedence was very different. He was clearly unaware of the order of precedence.
When Captains were downgraded to JTS, I had raised this with many seniors including a Brigade Commander but no one took any interest as if nothing had happened. I am sure they were ignorant and did not care because they were not effected. All around indifference was disgusting because most people did not care about their status and willingly subordinated themselves to any civilian to curry favours.
Our Chiefs were real culprits in ruining our status and pay structure because most remained ignorant even after retirement. I was witness when a released ECO was introduced to a serving Chief as a freshly appointed SDM in the state and the Chief congratulated him saying he will be much better off as a Deputy Collector!
I am sure he believed what he said.
I hold our previous Chiefs of all three services 100% responsible for the kind of state we are in today. Babus have been our enemies is not a revelation but shame on our Chiefs who compromised our Pay,Pension,Status,Promotion for their petty personal gains.
THE FIRST ENEMY OF ANY SOLDER SAILOR AIRMEN OFFICER IS HIS OWN SENIOR OFFICERS WHO BLINDLY FOLLOW A SYSTEM DESIGNED BY GENIUS BABUS TO BE RUN BY FOOLS , WHO FINGER AND HARRASS THEIR JUNIORS , HAVE DOUBLE STANDARDS , SELFISH TO THE CORE FOR THEIR OWN PERKS AND BENEFITS , SIT ON BOARDS OF INJURED AND PROCESS PROCEEDINGS DENYING BENEFITS TO THE RETIRED , INJURED AND ALL. ONLY FROM THERE THE CLEVER BABUS TAKE OVER AND THEN SHOW THESE SELF STYLED VICEROYS THEIR TRUE PLACE IN A MATERIALISTIC SOCIETY. WHY CRY WHEN ONE FOLLOWS A DEFUNCT COLONIAL SYSTEM OF COMMAND AND CONTROL WHERE THERE IS NO UNITY BETWEEN TWO SERVING FLAGRANKS WHERE EACH ONE IS WAITING FOR THE FUNERAL OF THE OTHER SO THAT HE CAN TAKE HIS PLACE .ON THE HIGH TABLE . THE INJURED RETIRED OLD AND INFIRM INCLUDING SUFFER TILL TODAY JUST BECAUSE OF THE BAND BAJA AND COURTIERS THESE WORTHIES LIKE AND ARE READY FOR ANY SHIT AMBASSODERSHIPOR GOVERNERSHIP
totally agree with the argument. In democracy the only rock solid wall and last resort is the defence forces. I fail to understand why babu’s are comparing the status with armed forces. Please leave them and do not try to equate to show that they do much better job of national interest and cover their misdeeds and corruption scandal’s. Are they complexed or what! Do not push armed forces hard. the citizen’s of India are with them.
Better they follow the same suite!
What do u say to the latest revelation – VVIP Chopper scam… who was the main man involved? a Babu or was he the top
defence “officer” ? its being said that its only the tip of the ice berg…
If they want , RAW, IB and others can clean up corruption ( among a bunch of pencil-pushing babus ) in a giffy. BUT DO THEY REALLY WANT TO ?
So, as you mentioned “In democracy the only rock solid wall and last resort is the defence forces”, but they are also the FIRST RESORT to PRESERVING democracy from internal ( ie Systemic/establishment ) threats.
The soviets learned these lessons the hard way…. the whole system collapsed. One wonders will it also be the case with India, given the fact that in its anti-western and high-handed( as well as stupid) stance in the1950s India, instead of adopting the Western(democratic) govenrment system , gravitated to the dictatorial Soviet system.
One would say that the basic Indian DNA itself is Patriarchial (ie dictatorial) right from the very basic unit of Human society- family.
And the characteristic feature of this Dictatorial style of functioning is YOU HIDE YOUR OWN FAULTS AND LOOK FOR FAULTS IN AND BLAME OTHERS for failures. So be it parents pressuring their child to go for Engg. / Medicine as “honorable” professions (irrespective of whether the chile is a born artist). And if the child due to pressure commits suicide , its HIS fault – because HE weak. HE could not compete. HE did not study….The System is at fault. PARENTS ARE BLAMELESS
Lets darw the same analogy to the defence forces- China is at Fault, Pak is at fault ( the fact that the citizens have no opportunity in this country which is why they take to arms, is no issue), Babus are at fault… the fact that the “Defences Services” top brass are minting money and dont want to rock the boat is NO ISSUE.
Blame the bloody babu, Blame Pak , China and if no one else blame some other “Foreign hand”. What do BLOODY DESIs understand anyway…