For Your Information............if you can remember it........
Retired army officers, who have completed 75 years of age, are entitled to a grant of Rs 50,000.00 from the Army Officers Benevolent Fund.
Kindly share this information among the retired Army Officers in your city. (In case of demise of an officer, during service or later before completing 75 years, this amount is payable to the next of kin immediately after the demise of the officer. It is also applicable to officers settled abroad.)
No formal application is required for claiming the platinum grant. However the retired officers are required to intimate their postal addresses and Bank Account Numbers as and when they enter their 75th year at following address for updating the records :-
Director Accounts
Ceremonial & Welfare Directorate
Adjutant General's Branch
Army Headquarters
South Block, Room No 279
DHQ PO New Delhi - 110011
Tele No - 2337 5138
Aug 11, 2010
Mar 15, 2010
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
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
BRIEF ON PAY FIXATION AS ON 01-01-86 MAJ DHANAPALAN CASE
BRIEF ON PAY FIXATION AS ON 01-01-86 CONSEQUENT TO JUDGMENT
OF KERALA HIGH COURT IN RESPECT OF MAJ DHANAPALAN (RETIRED)
1. The success of Maj AK Dhanapalan (Retd), in getting arrears of pay, based on a case filed by him, in the Kerala High Court, is one that has engendered considerable, interest among serving and retired service Officers. The case pertains to refixation of Pay, post 4th CPC, as on 01 Jan 86 and its carry forward effects, thereafter.
2. This note has been prepared to bring out the Salient aspects of the issues involved and the present status vis-a- vis officers, who are/were similarly placed.
3. Genesis of the Problem The fourth Pay Commission appreciating the pyramidcal and truncated careers of Service Officers sought to correct the anomaly, by including an element of Rank Pay, for Officers of the rank of Captain (Army) up to Brigadier. The Pay Commission envisaged, that whilst changing over from the 3rd CPC scale to the 4th CPC scales, the fixation was to be done in the same manner as that of civilians. Rank pay, would be a separate element of pay, that was to be added to the basic pay for switching over the 4th CPC scales.
4. Government Resolution In the Govt resolution that followed, the recommendations of the Fourth CPC, on one hand indicated that Rank Pay would from part of Basic Pay. However, on the other hand, in the methodology of fixing pay, Rank pay, Rank pay was to be deducted from the revised consolidated pay and thereafter pay fixed in the next higher slab of pay. This method of consolidating pay, after deducting the Rank pay, was the issue that Major Dhanapalan contested in the Kerala High Court.
5. The High Court of Kerala, upheld the contention of the officer and directed the Union of India to refix the pay of the petitioner, with effort from 01 Jan 86, without deducting the Rank pay.
6. The Govt filed and appeal to this judgment, which was dismissed by a Divisional Bench of the same Court.
7. Thereafter, an SLP was filed in the Supreme Court, which was dismissed not on the merits of the arguments given in the SLP, but owing to an inordinate delay in filing the SLP. Accordingly Maj Dhanapalan was given arrears based on the judgment of the Keral High Court.
8. Present Status Since Maj Dhanapalan's case was decided in his favour, there have been a number of representations and even 2 separate writ petitions, filed in the Kerala High Court. These have all been referred to the MoD.
9. The issues are being examined by the MoD, in consultation with Finance. Simultaneously the Services are also working out the financial implications, in case the Govt decides, after due consideration of the facts, to extend the benefits to other similarly placed serving and retired officers.
10. The Directorate of Ex-Servicemen Affairs (DESA) will keep you apprised of the position from time to time.
Col NK Balakrishnan (Retd)
OF KERALA HIGH COURT IN RESPECT OF MAJ DHANAPALAN (RETIRED)
1. The success of Maj AK Dhanapalan (Retd), in getting arrears of pay, based on a case filed by him, in the Kerala High Court, is one that has engendered considerable, interest among serving and retired service Officers. The case pertains to refixation of Pay, post 4th CPC, as on 01 Jan 86 and its carry forward effects, thereafter.
2. This note has been prepared to bring out the Salient aspects of the issues involved and the present status vis-a- vis officers, who are/were similarly placed.
3. Genesis of the Problem The fourth Pay Commission appreciating the pyramidcal and truncated careers of Service Officers sought to correct the anomaly, by including an element of Rank Pay, for Officers of the rank of Captain (Army) up to Brigadier. The Pay Commission envisaged, that whilst changing over from the 3rd CPC scale to the 4th CPC scales, the fixation was to be done in the same manner as that of civilians. Rank pay, would be a separate element of pay, that was to be added to the basic pay for switching over the 4th CPC scales.
4. Government Resolution In the Govt resolution that followed, the recommendations of the Fourth CPC, on one hand indicated that Rank Pay would from part of Basic Pay. However, on the other hand, in the methodology of fixing pay, Rank pay, Rank pay was to be deducted from the revised consolidated pay and thereafter pay fixed in the next higher slab of pay. This method of consolidating pay, after deducting the Rank pay, was the issue that Major Dhanapalan contested in the Kerala High Court.
5. The High Court of Kerala, upheld the contention of the officer and directed the Union of India to refix the pay of the petitioner, with effort from 01 Jan 86, without deducting the Rank pay.
6. The Govt filed and appeal to this judgment, which was dismissed by a Divisional Bench of the same Court.
7. Thereafter, an SLP was filed in the Supreme Court, which was dismissed not on the merits of the arguments given in the SLP, but owing to an inordinate delay in filing the SLP. Accordingly Maj Dhanapalan was given arrears based on the judgment of the Keral High Court.
8. Present Status Since Maj Dhanapalan's case was decided in his favour, there have been a number of representations and even 2 separate writ petitions, filed in the Kerala High Court. These have all been referred to the MoD.
9. The issues are being examined by the MoD, in consultation with Finance. Simultaneously the Services are also working out the financial implications, in case the Govt decides, after due consideration of the facts, to extend the benefits to other similarly placed serving and retired officers.
10. The Directorate of Ex-Servicemen Affairs (DESA) will keep you apprised of the position from time to time.
Col NK Balakrishnan (Retd)
Mar 8, 2010
RANK PAY ANOMALY
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
--
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
--
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
--------------------------------------------------------------------------------------------
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
--------------------------------------------------------------------------------------------
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
Feb 21, 2010
Monthly Meeting
The meeting scheduled for Feb 10 has been rescheduled for 07 Mar 10. Please make a note
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