Dear Friends,
We get arrears of rank pay from 01 Jan 1986.
Monday, March 8, 2010
JUDGMENT:IV PAY COMMISSION RANK PAY ANOMALY CASE
The case was heard in the court of Justice Katju & Justice RM Lodha on 08 Mar 2010. Hon'ble Justice Katju gave the judgment as:
We are in full agreement with the judgment given by the Kerela High Court and stand by the judgment and that it should be extended to all officers.He further gave a relief of 6% interest.
Fine print awaited.
Information recieved from Col Rajesh Mathews.. 09 Mar 10
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Mar 8, 2010
RANK PAY CASE - SUPREME COURT VERDICT
Tuesday, March 9, 2010
Rank Pay is a part of basic pay : SC upholds verdict in Dhanapalan case
As many would be aware, after the 4th CPC, an integrated pay scale of Rs 2300-5100 was implemented for officers from the rank of 2/Lt to Brig. In addition, rank pay was authorised to officers from the rank of Capt to Brig ranging from Rs 200 to 1200 which was to be added into the basic pay for all intents and purposes.
However, while fixing the pay in the new scales, an amount equal to the rank pay was deducted from the emoluments resulting in financial loss to all affected officers. Hence all officers holding the rank of Capt to Brig as on 01-01-1986 suffered cumulative losses.
The Hon’ble Kerala High Court in a case filed by Maj AK Dhanapalan had termed illegal this deduction of rank pay. The SLP filed by the Union of India was also dismissed, albeit not on merits but on technical grounds of limitation. Soon thereafter, many similar petitions were filed in various Hon’ble High Courts all over the country which were clubbed together and transferred to the Hon’ble Supreme Court to be heard alongwith an SLP of similar nature which had arisen out of a case that was allowed on the basis of Dhanapalan judgement.
The Hon’ble Supreme Court has yesterday (08 March 2010) upheld the said verdict and granted relief to all similarly placed officers alongwith an interest of 6%. I shall officially confirm the judgement with all details once I get the copy.
Posted by Navdeep / Maj Navdeep Singh at 4:23 AM
Rank Pay is a part of basic pay : SC upholds verdict in Dhanapalan case
As many would be aware, after the 4th CPC, an integrated pay scale of Rs 2300-5100 was implemented for officers from the rank of 2/Lt to Brig. In addition, rank pay was authorised to officers from the rank of Capt to Brig ranging from Rs 200 to 1200 which was to be added into the basic pay for all intents and purposes.
However, while fixing the pay in the new scales, an amount equal to the rank pay was deducted from the emoluments resulting in financial loss to all affected officers. Hence all officers holding the rank of Capt to Brig as on 01-01-1986 suffered cumulative losses.
The Hon’ble Kerala High Court in a case filed by Maj AK Dhanapalan had termed illegal this deduction of rank pay. The SLP filed by the Union of India was also dismissed, albeit not on merits but on technical grounds of limitation. Soon thereafter, many similar petitions were filed in various Hon’ble High Courts all over the country which were clubbed together and transferred to the Hon’ble Supreme Court to be heard alongwith an SLP of similar nature which had arisen out of a case that was allowed on the basis of Dhanapalan judgement.
The Hon’ble Supreme Court has yesterday (08 March 2010) upheld the said verdict and granted relief to all similarly placed officers alongwith an interest of 6%. I shall officially confirm the judgement with all details once I get the copy.
Posted by Navdeep / Maj Navdeep Singh at 4:23 AM
HOUSE TAX EXEMPTION FOR ESM
A querry recieved from Col Georgy Joseph is reproduced below. If anybody is aware of the order regarding extension of concession for property held by spouse of ESM please send the details to the Officer and to dowacochin@gmail.com for info of others. Thanks
-Col Nair
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On Tue, Feb 23, 2010 at 4:26 PM, georgy josephwrote:
Dear Sirs,
We had applied to the Corporation Office in Vyttila for exemption from house tax (house is my wife's name) about a year back. My wife was told today by the concerned person that the exemption is only if the house is in the name of the ESM. He is citing a Government Order of Aug 2009- says ESM and widows are exempted from paying house tax for the house they are staying in. The house should be on the name of the ESM or widow.
I tried to explain to him that there was a subsequent clarification that the exemption is valid even if the house is in the name of the wife. He is asking for a copy of the order or clarification. I wanted to check if anyone has a copy of the relevant order or at least the number and date.
with regards, Col (retd) Georgy Joseph
-Col Nair
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On Tue, Feb 23, 2010 at 4:26 PM, georgy joseph
Dear Sirs,
We had applied to the Corporation Office in Vyttila for exemption from house tax (house is my wife's name) about a year back. My wife was told today by the concerned person that the exemption is only if the house is in the name of the ESM. He is citing a Government Order of Aug 2009- says ESM and widows are exempted from paying house tax for the house they are staying in. The house should be on the name of the ESM or widow.
I tried to explain to him that there was a subsequent clarification that the exemption is valid even if the house is in the name of the wife. He is asking for a copy of the order or clarification. I wanted to check if anyone has a copy of the relevant order or at least the number and date.
with regards, Col (retd) Georgy Joseph
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