PRESS RELEASE MAJ DHANAPALAN CASE

PRESS RELEASE


Sub: 4th Pay Commission: Grant of Rank Pay

In accordance with the recommendations of the 4th Pay commission and the Govt. decision thereon, as promulgated under Gazette of India (Extra ordinary) Notification No 91 dated 18.3.1987, officers of the Army. Navy and Air Force were granted an integrated pay in the scale of Rs.2300-100-3900-150-5100. .

In addition to the pay in the integrated scale as above, Rank Pay for Captain, Major, Lt Colonel, Colonel and Brigadier and equivalent in the Navy and Air Force, were also granted @ Rs.200/-, 600/- , 800/-, 1000/-, and Rs. 1200/- PM respectively.

Although the Rank Pay was sanctioned in addition to the basic pay, while fixing the pay in the integrated scale: an amount equal to the Rank Pay was deducted from the total emoluments and the pay was fixed. This has resulted in heavy financial loss to the officers which have also cumulative effect on pay, D.A. Pension, Gratuity, etc.

Having failed to get a proper consideration of the ease, Major A.K.Dhanapalan, now retired had approached the Hon’ble High Court or Kerala for justice. in the case or Major .A.K Dhanapalan Vs Union of India in O.P 2448/96, the Hon’ble High Court or Kerala was pleased to allow the plea of the officer and held that the deduction of the Rank Pay from basic pay is NOT correct and directed to re-fix the Basic Pay with effect from 1.1.1986.

However the Union of India preferred an appeal before the larger Bench of the High Court against the judgment. Larger bench of High Court has been pleased to dismiss the appeal but the Union of India again filed an SLP in the Hon’ble Supreme Court of India. This appeal was also dismissed on 10-7-05.

Officers (Serving/Retired) of the Armed Forces who were in service on 1-1-86 in the Rank of Captain, Major, Lt Col, Col, Brigadier are affected by the above judgment. According to the judgment, Pay of Major A.K Dhanapalan has been re-fixed with effect from 1-1-86 and Govt. sanction for payment of arrears was issued, whereas the benefit has not been extended to other similarly placed Officers of the Army, Navy & Air Force. This is in justice to the affected Officers of the Army, Navy and Air Force. Officers are eligible to receive minimum* arrears after re-fixation will be as under:-

Captain and Equivalent Rs. 55,000/

Major and Equivalent Rs. 1,50,000/-

Lt. Colonel and Equivalent Rs. 2,00,000/-

Colonel and Equivalent Rs. 2,50,000/-

Brigadier and Equivalent Rs. 3,30,000/-

*This is subject to length of service from 1-1-86

Fwd By Brig (Retd) CS Kamboj