Government Approves Massive Expansion of Ex-Servicemen Contributory Health Centres to provide equitable treatment to all eligible Ex-Servicemen and their dependents under the Ex-Servicemen Contributory Health Scheme (ECHS) and to enhance the scheme’s coverage, the Union Cabinet today approved Establishment of 199 new polyclinics including 17 mobile medical facilities and 15 new regional centres at a cost of Rs. 141 crores. With this, the ECHS facility will now be extended to those areas, where Ex-Servicemen population is below 2,500 by setting up polyclinics which are within reasonable distance from Ex-Servicemen concentrations.
The Cabinet also approved reorganization and strengthening the Central Organisation ECHS by suitably increasing the manpower. It has authorized additional manpower – 2263 in number on contractual basis, to man the additional 199 polyclinics. It has also authorized 315 serving personnel – 60 officers and 255 PBORs, for proposed regional centres and seven officers and 15 PBORs for Central Organisation ECHS.
Financial implications towards creation of infrastructure will be about Rs.141 crore. This will entail a capital expenditure of Rs. 118.52 crore towards cost of land, construction and medical equipment. An amount of Rs. 22.25 crore of expenditure will cover purchase of furniture etc, and IT hardware. On the recurring side, an expenditure of Rs.43 crore per annum is envisaged.
It may be recalled that the ECHS was introduced on April 01, 2003 to provide comprehensive medical coverage to Ex-Servicemen pensioners, war widows and dependents by establishing 227 polyclinics at stations with Ex-Servicemen population above 2500 throughout the country. 106 polyclinics are at military stations and 121 polyclinics are at non-military stations. Where the Ex-Servicemen population is less than 2,500, the Ex-Servicemen face hardships in reaching polyclinics because of the distance. There are over 30 lakh ECHS beneficiaries now. On an average 60,000 Servicemen retire every year and this results in a further addition of 60,000 Ex-Servicemen and 1,44,000 dependents to the list of beneficiaries each year. Over 7 lakh Ex-Servicemen, who retired prior to April 01, 2003 have not opted for the scheme primarily due to non-availability of polyclinics near their places of residence. There are also insufficient number of regional centres to monitor the polyclinics.
The expansion is pan India. In Kerala the clinics will come up at:
Mavelikara (Alleppey), Kanhangad (Kasargode), Kalpetta (Wayanad), Thodupuzha (Idukki), Thiruvananthapuram, Changanacherry (Kottayam), Moovattupuzha (Ernakulum), Iritti (Kannur), Kunnamkulum (Trichur), Kottarakara (Kollam), Ranni (Pathanamthitta), Killimanur (Thiruvananthapuram)
Aug 11, 2010
IMPORTANT ISSUES REQUESTING WIDE PUBLICITY AND BE PREPARED
1. Issue of letter by GOI MOD - Implementation of the 4th CPC Rank Fiasco. DROA has already petitioned the Ransha Mantri. Their mail already circulated by me. This needs Top Priority as I know after having done an analysis most of the retired fatertinity affected by this are in the age group of 62 and 73 years. Those who retired between 1.1.86 and 31.12.86 are affected in more than 1 way - Refixation of Pay, Pension, DCRG, Leave encashment, Commutation.......New Pension arrears on that Pension, Arrears of Dearness Reliefs.
2. On the above how is the Family Pension going to be tackled ? This needs wide publicity as the wives of the late officers who are effected may not even now. Most of our Officers don't know, so how can we expect them to aware of this.Refixation of Pay, Pension, DCRG, Leave encashment, Commutation.......New Pension arrears on that Pension, Arrears of Dearness Reliefs.
3. In the case of Major Generals case, PCDA has asked them to submit an application giving the details of arrears etc with in one month (put up their web site) or else they would not be entitled for the interest of 10%. Therefore, all those due should make their charts with interest of 6% and keep it ready for forwarding to PCDA / CDA(N) / CDA(O). The interest of 6% is cumulative and hence it not restricted till 31.12.1995, but till year on year till date.
Some Officers have doubts on why they should get additional Rank Pay, when they have already received it
Sir, at the out set the Pay scales as per the 4th Pay Commission were a running one from Rs. 2300 - to Rs.5100 from the rank of SLT to COMMODRE. The second part is the Rank Pay from LT - 200, LT CDR - 600, CDR - 800, CAPT WITH LESS THAN 3 YRS SERVICE- 1000, MORE THAN 3 YRS / CMDE - 1200.(SLT not entitled to Rank Pay)
When fixing the PAY w.e.f. 1.1.1986 giving you an eg:-
LT CDR FIXED AS FOLLOWS :-
PAY = 3400
RANK PAY = 600
TOTAL PAY ON WHICH DA ADMISABLE = RS.4000
HOWEVER, SINCE RANK PAY IS A PART OF THE INITIAL FIXATION SHOULD HAVE BEEN AS FOLLOWS, TAKING THE ABOVE EXAMPLE:-
INITIAL FIXATION = PAY 3400 + RP 600 = 4000
RANK PAY 600
TOTAL INITIAL PAY FIXATION FOR THE PURPOSE OF DA RS.4600.00
DIFFERENCE OF RS.600/-
SUBSEQUENTLY PROMOTED TO CDR - AGAIN THE SAME MISTAKE AND HENCE CORRECTION AT EACH LEVEL OF PROMOTION. SOME HAVE GOT THREE PROMOTION DURING THIS PERIOD. LT CDR - CDR - CDR - CAPTAIN / CDR - CAPTAIN - CMDE
This is applicable only from 1.1.1986 to 31.12.2005. So all those who were in Service as on 1.1.86, subsequently promoted also affected, those who retired between the above period also affected. Those retired first their Pay has to be refixed and then Pension. For retirees this has a direct affect on the Commutation, DCRG, Leave encashment, Revision of Pension - DA on that and indeed the ramifications are wide ranging.
What about Family Pensioners ? What about the 6% interest part, it is cumulative and till the date you don't receive your arrears you would earn interest.
However, the Supreme Court Judgement is silent on the interest part in respect of Pensioners, but it has to assumed, which I am sure PCDA will object. So it would again go to Supreme Court.
As in the recent Major General's case PCDA had asked them to submit the details with in 1 month or else they would not be entitled to 10% interest. So be prepared to make out your chart.
In this case I was informed that CGDA has already stated that old records are not available. FYI Sir, NPO has the record of every officer for a period of 33 years from the date of retirement. Only on completion of 33 yrs FROM THE DATE OF RETIREMENT can the file be destroyed and this is from my own personal experience having served in NPO as ALOGO and also held the portfolios of ALOGO (S/DMOB /O/DMOB).
Since, many serving Officers are also affected, it is hoped that the letter would be issued soon.
Just to quote an eg of BABUDOM. The additional Pensionary benefits to JCOs and below w.e.f 1.7.2009 were accepted some time in Sep / Oct 2009. No letter was issued for its implementation. Shri LK Advani raised this on the floor of the house on 3.3.2010 and our PM not being correctly briefed stated on the floor of the house that it has been implemented. This caught the BABUs on the wrong foot, as they were sleeping on this very important issue. THE ORDERS WERE ISSUED ON 8.3.2010.
Those of you who have not collected Annexure IV to GOI letter dated 11.11.2008 from your bankers are requested to approach and collect the same. No PPO for revised Pension is going to issued and this is going to be the Authority for future. Please don't delay and in case the Bank dily dalies please give it in writing and collect it.
Lt Cdr GK Balaji(Retd)
Member, Pension Cell, IESM
099625-00199
2. On the above how is the Family Pension going to be tackled ? This needs wide publicity as the wives of the late officers who are effected may not even now. Most of our Officers don't know, so how can we expect them to aware of this.Refixation of Pay, Pension, DCRG, Leave encashment, Commutation.......New Pension arrears on that Pension, Arrears of Dearness Reliefs.
3. In the case of Major Generals case, PCDA has asked them to submit an application giving the details of arrears etc with in one month (put up their web site) or else they would not be entitled for the interest of 10%. Therefore, all those due should make their charts with interest of 6% and keep it ready for forwarding to PCDA / CDA(N) / CDA(O). The interest of 6% is cumulative and hence it not restricted till 31.12.1995, but till year on year till date.
Some Officers have doubts on why they should get additional Rank Pay, when they have already received it
Sir, at the out set the Pay scales as per the 4th Pay Commission were a running one from Rs. 2300 - to Rs.5100 from the rank of SLT to COMMODRE. The second part is the Rank Pay from LT - 200, LT CDR - 600, CDR - 800, CAPT WITH LESS THAN 3 YRS SERVICE- 1000, MORE THAN 3 YRS / CMDE - 1200.(SLT not entitled to Rank Pay)
When fixing the PAY w.e.f. 1.1.1986 giving you an eg:-
LT CDR FIXED AS FOLLOWS :-
PAY = 3400
RANK PAY = 600
TOTAL PAY ON WHICH DA ADMISABLE = RS.4000
HOWEVER, SINCE RANK PAY IS A PART OF THE INITIAL FIXATION SHOULD HAVE BEEN AS FOLLOWS, TAKING THE ABOVE EXAMPLE:-
INITIAL FIXATION = PAY 3400 + RP 600 = 4000
RANK PAY 600
TOTAL INITIAL PAY FIXATION FOR THE PURPOSE OF DA RS.4600.00
DIFFERENCE OF RS.600/-
SUBSEQUENTLY PROMOTED TO CDR - AGAIN THE SAME MISTAKE AND HENCE CORRECTION AT EACH LEVEL OF PROMOTION. SOME HAVE GOT THREE PROMOTION DURING THIS PERIOD. LT CDR - CDR - CDR - CAPTAIN / CDR - CAPTAIN - CMDE
This is applicable only from 1.1.1986 to 31.12.2005. So all those who were in Service as on 1.1.86, subsequently promoted also affected, those who retired between the above period also affected. Those retired first their Pay has to be refixed and then Pension. For retirees this has a direct affect on the Commutation, DCRG, Leave encashment, Revision of Pension - DA on that and indeed the ramifications are wide ranging.
What about Family Pensioners ? What about the 6% interest part, it is cumulative and till the date you don't receive your arrears you would earn interest.
However, the Supreme Court Judgement is silent on the interest part in respect of Pensioners, but it has to assumed, which I am sure PCDA will object. So it would again go to Supreme Court.
As in the recent Major General's case PCDA had asked them to submit the details with in 1 month or else they would not be entitled to 10% interest. So be prepared to make out your chart.
In this case I was informed that CGDA has already stated that old records are not available. FYI Sir, NPO has the record of every officer for a period of 33 years from the date of retirement. Only on completion of 33 yrs FROM THE DATE OF RETIREMENT can the file be destroyed and this is from my own personal experience having served in NPO as ALOGO and also held the portfolios of ALOGO (S/DMOB /O/DMOB).
Since, many serving Officers are also affected, it is hoped that the letter would be issued soon.
Just to quote an eg of BABUDOM. The additional Pensionary benefits to JCOs and below w.e.f 1.7.2009 were accepted some time in Sep / Oct 2009. No letter was issued for its implementation. Shri LK Advani raised this on the floor of the house on 3.3.2010 and our PM not being correctly briefed stated on the floor of the house that it has been implemented. This caught the BABUs on the wrong foot, as they were sleeping on this very important issue. THE ORDERS WERE ISSUED ON 8.3.2010.
Those of you who have not collected Annexure IV to GOI letter dated 11.11.2008 from your bankers are requested to approach and collect the same. No PPO for revised Pension is going to issued and this is going to be the Authority for future. Please don't delay and in case the Bank dily dalies please give it in writing and collect it.
Lt Cdr GK Balaji(Retd)
Member, Pension Cell, IESM
099625-00199
MNS OFFICERS ENTITLED TO SERVICE PRIVILEGES
MNS Officers entitled to service privileges of regular officers : AFT
In a well reasoned decision, the Hon’ble Principal Bench of the AFT has held that MNS officers are also commissioned officers and are authorised to the privileges of their respective ranks.
The decision comes in the backdrop of the refusal of authorities to allow a Major General of the MNS from sporting stars and flying a flag on her official car.
The order has settled the controversy once and for all, but the issue makes one wonder as to why were stars and flags refused to such officers in the first place ? When an officer is holding a particular military rank, then it makes no sense to deny the ceremonial ancillaries of the same. It is the rank that is entitled to such privileges and not the service or the person who is wearing that uniform. When there is no bar on sporting the ‘stars’ on the collars, then in my humble opinion there should be no reason as to why a bar should exist on sporting the same very stars on the car !.
Posted by Navdeep / Maj Navdeep Singh
In a well reasoned decision, the Hon’ble Principal Bench of the AFT has held that MNS officers are also commissioned officers and are authorised to the privileges of their respective ranks.
The decision comes in the backdrop of the refusal of authorities to allow a Major General of the MNS from sporting stars and flying a flag on her official car.
The order has settled the controversy once and for all, but the issue makes one wonder as to why were stars and flags refused to such officers in the first place ? When an officer is holding a particular military rank, then it makes no sense to deny the ceremonial ancillaries of the same. It is the rank that is entitled to such privileges and not the service or the person who is wearing that uniform. When there is no bar on sporting the ‘stars’ on the collars, then in my humble opinion there should be no reason as to why a bar should exist on sporting the same very stars on the car !.
Posted by Navdeep / Maj Navdeep Singh
NEW ECHS CARD
ECHS is planning to introduce new card with 32 kb memory chip. At present the master card issued to the primary member has all the details of his dependents also. Some of us have applied for add on cards for our spouses but most of the ESM have only one card for all their dependents.
The new software under production / trials envisages use of individual card for each user so that the individuals photo and medical details can be recorded in the card. This means that if there are 3 dependents to an ESM, he will have to perforce apply for and get four cards for getting treatment in ECHS polyclinics. All ESm who are applying for membership after 01 jun 10 will get only the new card.
The old card which we are all having and using will continue to be in use and we will continue to get treatment with that card.
The old card was not used to its full potential due to certain limitations in the software and lack of knowledge / familiarity of the software. The old card is also usable at all ECHS polyclinics across the country.
If an ESM goes for treatment to any polyclinic, which is not his parent polyclinic, on insertion of the card in the reader, a pop up window appears statitng that " the parent polyclinic code is different. Do you want to change the code." If YES is selected the code gets changed to the new polyclinic.If NO is selected the code does not change.In spite of the yes / no selection the prescription slip gets printed and we can avail treatment.
The present card also allows entering of the medical details in the card. The medical details entred in the card is printed in the subsequent prescription slips. This feature of the software is not being used at all more due to administrative difficulties. The ESM will have to come back to the reception after treatment and get his card updated. The ESM do not have the inclination and the Polyclinic staff lack patience to do this.
I request all of you to get your card updated , if need be by making a separate visit to the polyclinic, as this information will come handy at time of emergency. Those of us who have drug allergy please ensure that the detail is entered in the card.
Cdr V Vaidyanathan IN (Retd)
Phone 0431 2351963
Mobile +91 94431 51088
The new software under production / trials envisages use of individual card for each user so that the individuals photo and medical details can be recorded in the card. This means that if there are 3 dependents to an ESM, he will have to perforce apply for and get four cards for getting treatment in ECHS polyclinics. All ESm who are applying for membership after 01 jun 10 will get only the new card.
The old card which we are all having and using will continue to be in use and we will continue to get treatment with that card.
The old card was not used to its full potential due to certain limitations in the software and lack of knowledge / familiarity of the software. The old card is also usable at all ECHS polyclinics across the country.
If an ESM goes for treatment to any polyclinic, which is not his parent polyclinic, on insertion of the card in the reader, a pop up window appears statitng that " the parent polyclinic code is different. Do you want to change the code." If YES is selected the code gets changed to the new polyclinic.If NO is selected the code does not change.In spite of the yes / no selection the prescription slip gets printed and we can avail treatment.
The present card also allows entering of the medical details in the card. The medical details entred in the card is printed in the subsequent prescription slips. This feature of the software is not being used at all more due to administrative difficulties. The ESM will have to come back to the reception after treatment and get his card updated. The ESM do not have the inclination and the Polyclinic staff lack patience to do this.
I request all of you to get your card updated , if need be by making a separate visit to the polyclinic, as this information will come handy at time of emergency. Those of us who have drug allergy please ensure that the detail is entered in the card.
Cdr V Vaidyanathan IN (Retd)
Phone 0431 2351963
Mobile +91 94431 51088
ARMY OFFICERS BENEVOLENT FUND
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
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
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)
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