Monday, 5 August 2013

Reply from CGDA dated 25062013 - Part I



CGDA Reply dated 25062013 to RTI of 13032013

Please Note before you start reading:

1 Information already posted on this blog or in circulation (i.e. MoD letters of 26.11.2012 and 27.12.2012 have not been reproduced/typed from the reply of the CGDA for conciseness of the material.

2. Care has been taken to ensure accuracy of the reproduction but any error is inadvertent.

3. Material has been typed as per the original format in which 255 pages of reply were sent by O/o CGDA. Readers may have to flip back & forth for better understanding of the contents. 

4. Relevant pages quoted in the Notes (of the reply to RTI) which comprise the first 28 pages are reproduced in subsequent post(s).           

5. Replies/Observations of PCDA (O), PCDA (N) and CDA (AF) on the Services HQ DGL are on the next post – under typing as you read this.

Enjoy the reading……………


*                      *                      *                      *                      *

Office of the CGDA, Ulan Batar Road, Palam, Delhi Cantt -10

No. CPIO/AT/HQ/2013/1/1063                                                  Dated: 25/06/2013

To,

            Shri S Y Savur
            141 Jal Vayu Towers,
            Beniganahalli,
Indira Nagar (PO),
Bangalore - 560038

            Subject: Seeking Information under RTI Act 2005.

            Reference: This HQrs office letters of even No. dated 22/05/2013, 11/06/2013 and your subsequent application dated 07th June 2013.

In view of furnishing of requisite copying charges vide your application dated 07th June 2013, 227 pages of correspondence and 28 pages of notings portion (total 255 pages) as furnished by the dealing Section vide UO Note dated 25/06/2013 with reference to your initial application dated 13th March 2013 is forwarded herewith as desired. 

Encls: (256 pages)                                                                Sd/--------------
                                                                                                (S Murali Krishnan)
                                                                                                Sr ACGDA/CPIO

Office of the CGDA, Ulan Batar Road, Palam, Delhi Cantt -10

Audit – I Section

            Subject: Seeking information under RTI Act 2005: Shri S Y Savur
            Reference: Shri S Y Savur subsequent application dated 07th June 2013


            In view of the furnishing of requisite copying charges vide application quoted under reference, the correspondence alongwith the corresponding noting portion running into 255 pages is forwarded herewith for further transmission to the applicant.

Sd/-------------------
ACGDA (AT-I)
RTI Cell (AT) (Local)
UO Note No. AT/I/1483-Army/X (PC)/V dated 25/06/2013

*                *                     *                      *                     *

Note 1

Subject: Implementation of Hon’ble Supreme Court order dated 04/09/2012 in
Transfer Petition (C) No. 56/2007 – UOI Vs. N. K. Nair & Others regarding Rank Pay 

Placed opposite is PCDA (O) Pune DO letter No. Tech/321/Court Case dated 23rd October 2012 and ecen No. dated 04 October 2012 (P/291) on the subject matter for perusal please.

2.         The above DO letter from PCDA (O) is in continuation of their letter of even No dated 14 Sep 12 (erroneously mentioned as 13/09/2012) (P/271) regarding modalities for implementation of Hon’ble Supreme order dated 04/09/2012 in the rank pay case. The PCDA (O) has emphasised (P/164) that the pre-requisite for implementation of the judgment ibid is to know exactly who were the officers serving in the Indian Army as on 01/01/1986. With regard to each such officer, following minimum information is required.

            i)          Rank & Pay drawn as on 01/01/1986
            ii)         Subsequent promotion/reversions and effective dates
            iii)        Period for which he/she is not qualified for pay from PCDA (O) due to EOL, deputation, secondment etc and period affecting entitlement of full pay e.g. furlough leave, furlough rates for pay during hospitalisation etc
            iv)       Date of retirement/release/death etc
            v)        Latest address & Bank account details for remittance of arrears.

3.         In cases where IRLAs are available, latest Bank details and address from officers/NOKs of the deceased officers is still required. In the cases where IRLAs are not available, PCDA (O) have to get above requisite information either from

            i)          IHQ of MoD (Army) or
            ii)         From officers, or
            iii)        From families/NOKs of deceased officers.

The information is also required to be verified ad vetted by IHQ of MoD (Army) before forwarding to PCDA (O) for further action. IHQ of MoD (Army) has to decide from where and how to get the required information in such cases. In case, certain information is not possible to get from any source, the only option left will be to ignore the effect of that factor. This may lead to following implications:

a)         In case details of subsequent promotions/reversions are not available even with IHQ of MoD (Army), calculations of arrears with reference to rank held on 01/01/1986 till his date of retirement etc will have to be considered. However, in such cases, the initial change in pay may not be effective till date of retirement etc due to bunching of pay, reaching to maximum of integrated pay scales etc.  

b)        In case the details of furlough, deputation, secondment etc affecting the pay entitlement is not available, decision will have to be taken whether arrears for entire service period till date of retirement to be calculated or otherwise. This may lead to payment of full rates of pay in case of deputation to civil deptt, secondment etc where no pay is to be drawn from PCDA (O) Pune. 

4.         PCDA (O) has further, stated that all the possibilities to collect date/ascertain information has been explored at their end. It has been stressed that even if Name/Personal No./CDA A/c No. of the affected officers is made available, no action can be taken as per Court Verdict in absence of information as per Para 2 (i), (iv) and (v) above i.e. rank held and pay drawn as on 01/01/1986, date of retirement/release/death etc and latest address ( bank account details.

5.         PCDA (O) Pune has already taken up the issues with IHQ of MoD (Army) vide letter dated 04 Oct 2012 (P/291). However, PCDA (O) has also requested this HQrs office to liaise with IHQ of MoD (Army) for suitable action in this regard. Although, IHQ of MoD (Army) had asked for detailing one officer from PCDA (O) to discuss the modalities of the case, however, no one is being detailed from PCDA (O) pending confirmation from this HQrs office.

6.         In the meantime, a meeting on the issue was also convened by MoD on 29/10/2012. The meeting was attended by Jt. CGDA (AT-I) and SAO (AT-I). During the discussion in the meeting, MoD desired to know about information required by PCDA (O) Pune on this issue alongwith some other information. As such, we may forward PCDA Pune ibid letter dated 23rd October 2012 to MoD under intimation to IHQ of MoD (Army) for the needful. We may also advise PCDA (O) Pune to detail an officer form their office to discuss the modalities of the issue as desired by IHQ of MoD (Army).

Suitable Draft letter is placed opposite for approval.

            Submitted please.

                                                                                                                        Sd/--------- 30/10

N-2
SAO (AT-I)               Sd/--------------30/x

ACGDA (AT-I)         We may take action as proposed at para 6 above Pl.
                                                                                                                        Sd/----------- 30/x

Jt CGDA (AT-I)        - On TD

Jt CGDA (AT-II)      Sd/------- 30/10

ACGDA (AT-I)         Sd/---------- 30/X

SAO (AT-I)

Note 3

Subject: Implementation of Hon’ble Supreme Court order dated 04/09/2012 given in  IA No. 9 of 2010 in Transfer Petition (C) No. 56/2007 filed before Supreme Court  on behalf of UOI Vs. N. K. Nair & Others regarding Rank Pay


Placed opposite is Col Udai Jawa, Dir MP – 5 & 6, AG’s Branch, IHQ of MoD (Army DO letter dated 05 Nov 2012 and PCDA (O) Pune letter dated 06/11/2012 for perusal please. 

2.         In both the above letters basically the issue regarding devising a format in which the details of various elements affecting the pay entitlements as per above quoted Hon’ble Supreme Court order has been raised.

3.         It is mentioned that this Section has no expertise as such to scrutinise the format. PCDA (O) Pune being the auditing and paying controller may devise appropriate format for the purpose. It should be ensured that the Supreme Court order is duly implemented for all the affected officers in its letter and spirit after receipt of MoD instructions on the subject.  

4.         PCDA (O) Pune has also forwarded alongwith their letter a copy of ADGPS letter  (referred to as P/42 but not included in reply to RTI) dated 05/11/2012 wherein PCDA (O) has been advised to refer the specific cases of retired officers in respect of whom details are not available. The copy of ibid letter has also been endorsed to AG/MP – 5 & 6 amongst others.

5.         In view of the above we may advise PCDA (O) accordingly under intimation to Col Udai Jawa (Sir MP – 5 & 6) specifically with reference to ADGPS letter dated 05/11/2012)


            Suitable DFA is placed opposite for approval please.

            Sd/--------- 7/11
SAO (AT-I)

ACGDA (AT-I)                     Sd/--------------- 7/11


Jt CGDA (AT-I)       
Note 4

Col Jawa in his letter dtd 5/11/12 (addressed by name to Addl CGDA), and PCDA (O) in their letter dt 6/11/12 – both intend unwarrantedly to involve HQrs office in deciding the format for working out the arrears. This is not appreciable, as internal process to work out the arrears has to be decided by the PCDA (O) themselves, being audit & payment authorities. So, we may make this aspect clear to the PCDA (O) as per the DFA. 
           
Submitted please

            Sd/---------------------
8/11/12

Addl CGDA (VS)       DFA seems to be fine now, M---                Sd/-----------------------
                                                                                                                                    9/11/12

SAO (AT-I)

Note 5

Subject: Implementation of Hon’ble Supreme Court order dated 04/09/2012 given in  IA No. 9 of 2010 in Transfer Petition (C) No. 56/2007 filed before Supreme Court  on behalf of UOI Vs. N. K. Nair & Others regarding Rank Pay
           
            Placed opposite MoD, D (Pay/Services) ID b(e)aring No. 34 (6)/2012 – D (Pa/Services) dated 12/11/2012 for perusal please.

2.         MoD vide above quoted ID has sought comments of this HQrs on the observations of MoF as mentioned in ibid MoD ID. Desired comments was (sic) sought from PCDA (O)/PCDA (N)/CDA (AF) vide this HQrs letter dated 12/11/2012 (P/62 not included in reply to RTI).

3.         the reply in this regard has been received from PCDA (O) Pune, PCDA (N) Mumbai and Jt CDA (AF) vide letters dated 14/11/2012, 15/11/2012 and dated 12/11/2012 respectively. With reference to reply of PCDA (O) Pune Mrs Pathan, Sr AO (Tech) has telephonically confirmed that they had given the financial implications as per implementation of the judgment in case of Maj Dhanapalan (underlining by Aerial View).

Based on the above mentioned replies from the Controllers, suitable draft comments to the MoD has been attempted and is placed opposite for approval please.

Submitted please.

Sd/----------------
15/11
SAO (AT-I)   Sd/---------- 15/11

Jt CGDA (AT-I)
           
                        The Min of Finance has raised certain points to the MoD in the matter of the Supreme Court decision dated 4/9/12 delivered on the Rank Pay issue. The MoD has sought our comments on the same points. Although being legal/policy matter, the MoD ought to take a final view on these points at their end, but however, we have prepared our comments as per DFA based on the comments offered by the concerned controllers (PCDA (O) P/71 (not included), PCDA (N) (P/76) and CDA (AF) (P/63).

Submitted  please.
                                                                                                                        Sd/--------------- 15/11/12
Addl CG (VS) on leave

Addl CGDA (AK)                                                                                          Sd/---------------------
Arvind Kaushal
16/11/2012
Jt CGDA (AT-I)
SAO/AAO (AT-I)


Note 6

Subject: Implementation of Hon’ble Supreme Court order dated 04/09/2012 given in  IA No. 9 of 2010 in Transfer Petition (C) No. 56/2007 filed before Supreme Court  on behalf of UOI Vs. N. K. Nair & Others regarding Rank Pay


            Placed opposite is MoD, D (Pay/Services) ID bearing No. PC – 34 (6)/2012 – D (Pay/Services) dated 14/11/2012 forwarding DGL for implementation of the subject judgment alongwith copy of Note dated 01/11/2012 recorded by Service HQrs for perusal please.

2.         The MoD vide above quoted ID has desired comments/vetting of this HQrs on the DGL proposed by Service HQrs (TRIPAS) by 19/11/2012 forenoon positively. The ibid MoD Id was received on 16/11/12 afternoon, however, on the same day it has been forwarded to the concerned PCsDA/CDA for comments/views vide HQrs letter dated 16/11/2012 requesting reply by return fax. The response in this regard has not been received so far. 

3.         After receipt of awaited comments from the Controllers offices, the desired comments on the DGL may be offered. Meanwhile, we may give an interim reply to the MoD with reference to their ID mentioned above stating that comments on the DGL have been called for from Controllers and the same will follow shortly.

Draft UO Note is placed opposite for approval please.
Sd/---------------------
19/11
SAO (AT-I)   Sd/------------
                                    19/11

ACGDA (AT-I)         Sd/--------------- 19/11

Jt CGDA (AT-I)        The DGL has been forwarded on 16/11/12 to the concerned filed Controllers (PCDA (O), PCDA (N) & CDA (AF) by the fastest communication (through FAX & e-mail) for their comments. Meanwhile, an interim reply is being sent to MoD.

            May kindly see the DGL for perusal.

Sd/--------------
19/11
Addl CGDA (VS)       Sd/----- 19/11
Jt CGDA         Sd/----------- 19/11/12
SAO/ACGDA (AT-I)



Note 7
Subject: Implementation of Hon’ble Supreme Court order dated 04/09/2012 given in  IA No. 9 of 2010 in Transfer Petition (C) No. 56/2007 filed before Supreme Court  on behalf of UOI Vs. N. K. Nair & Others regarding Rank Pay


            Placed opposite is MoD, D (Pay/Services) ID No. 34 (6) 2012 D (Pay/Services) dated 20/11/2012 on the above subject for perusal please.

2.         MoD vide their ibid ID has intimated that Additional Secretary (A) will take a meeting in his chamber on 20/11/2012 at 1630 hours to discuss the above (the) case.

3.         In view of the request of MoD, submitted for nomination of officers to attend the above said meeting.

            Submitted please
Sd/---------------
20/11
SAO (AT-I)   Sd------------ 20/11

A.C.G.D.A (AT-I) Sd/--------------- 20/11

Jt CGDA (AT-I) The undersigned alongwith AAO concerned (SAO being on leave) may attend it pl.                                                                                                                  Sd/---------- 
                                                                                                                                    20/11/12
Addl CGDA (VS)       Sd/-------------- 20/11
Jt CGDA (AT-I)        Sd/-------------- 20/11/12
ACGDA/AAO

Note 8
Subject: Implementation of Hon’ble Supreme Court order dated 04/09/2012 given in  IA No. 9 of 2010 in Transfer Petition (C) No. 56/2007 filed before Supreme Court  on behalf of UOI Vs. N. K. Nair & Others: vetting of DGL regarding

            Ref Note ante.

            Placed opposite is MoD, D (Pay/Services) ID bearing No. PC – 34 (6)/2012- D(Pay/Services) dated 14/11/2012 forwarding DGL for implementation of the subject judgment alongwith a copy of Note dated 07/11/2012 recorded by Service HQrs for perusal please. The MoD has desired comments/vetting of the proposed DGL by this HQrs office.

2.         The DGL was forwarded to PCDA (O), PCDA (N) and CDA (AF) New Delhi for comments vide this HQrs letter dated 16/11/12. The comments have now been received from PCDA (O) Pune letter dated 21 Nov 2012, PCDA (Navy) letter dated 21/12/2012 and CDA (AF) letter dated 20 November 2012 which are also placed opposite (P Numbers not indicated but references used are F/D, F/C and F/B respectively). 

3.         Before offering our comments/vetting, the vital issues proposed in the DGL which are not within the scope of the judgment (under lined by Aerial View) needs to be examined vis-à-vis comments of the Controllers on these issues. These issues are as under: -         
(a) Currency proposed w.e.f. 01/01/1986 to 31/12/1995 with reference to currency of fourth CPC (para 2 to 5 of DGL):  
(i)        Proposed changes in the Integrated Pay Scale and rates of increment approved during the implementation of fourth CPC,

(ii)       Proposed changes in the minimum pay admissible to the ranks of Capt to Brig in the integrated Scale approved during fourth CPC and the other issues related thereto,
 
(iii)      Proposed applicability of the ibid Court Order to officers who joined service after 01/01/1986

(b)       Changes proposed w.e.f. 01/01/1996 to 31/12/2005 with reference t0 currency of fifth CPC (para 6 to 8 of DGL): 

(i)        Proposed changes in the revised Pay Scales approved for the ranks of Capt to Brigadier during the implementation of fifth CPC,

(ii)       Proposed change in the fixation formula as on 01/01/1996 which involves re-fixation without deducting the Rank Pay in the same way as has been allowed after the Court Order as on 01/01/1986 and other issues related thereto.

(c)       Changes proposed w.e.f. 01/01/2006 with reference to sixth CPC (para 9, 10 & 11 of DGL):

(i)        Proposed changes in the Grade Pay approved for the ranks of Capt to Brigadier during sixth CPC,

(ii)       Proposed corresponding changes in the fixation table for regular as well as AMC/ADC/RVC officers.

(d)       Provision regarding providing option as proposed in Para 14, 15 & 16 of the DGL

(e)       Payment of consequential arrears on account of revision of pay based allowances retrospectively (Para 18 of DGL)

(f)        Method of payment of interest i.e. whether simple or compound (Para 13 of DGL)

4.         At the outset, the underlying principles of the whole issue as decided by the Court need to be mentioned. The Hon’ble Supreme Court in its judgment dated 08/03/2010 has initially mentioned that “The prayer in these writ petitions under Article 32 of the Constitution is for grant of benefits awarded by a learned Single Judge of the Kerala High Court vide his judgment dated 05.10.1998 in O.P. 2448/1996….” and the upheld the judgment dated 05/10/1998 of Kerala High Court. Upon further hearing the Hon’ble Apex Court in its final judgment dated 04/09/2012 has affirmed its earlier judgment dated 08/03/201 clarifying that “….this order shall govern all similarly situated officers…” with modification in the interest part. Accordingly, and as also opined by MoF as quoted in Para (b) (iv) of MoD, D (Pay/Services) ID dated 12/11/2012 on the subject, the ibid judgment is required to be honoured on the same basis as implemented in case of Major (Retd) A K Dhanapalan. If extended benefits are allowed, it may not stand in audit (underlining by Aerial View).   

5.         It may be seen from the above letters of Controllers that there is uniformity in views of the three Controllers on all issues mentioned in Para 3 above except the issue at Sl. No. 3 (b) (ii) ibid. This issue is regarding fixation of initial pay in the revised scale as on 01/01/1996 as proposed at Para 8 (b) of the DGL. There is difference of opinions in Controller offices on this issue. The PCDA (N) Mumbai and CDA (AF) New Delhi are of the view that the benefits as allowed after the Court Order during fourth CPC need to be allowed at the time of implementation of 5th CPC (underlined by Aerial View). However, the PCDA (O) has stated that neither High Court of Kerala nor the Hon’ble Supreme Court has issued any directives for revision of Pay Fixation Formula as per Fifth Pay Commission orders for not deducting Rank Pay. They have also mentioned that while implementing the judgment in the case of Maj (Retd) Dhanapalan his pay was revised in the rank of Capt as on 01/01/1986 by re-fixing it without deducting Rank Pay. This change in pay continued till 31/12/1995 and fixed on the same stage as on 01/01/1996 as per 5th CPC orders also. On representation from Maj (Retd) Dhanapalan for revisions of pay as on 01/01/1996 consequent to 5th CPC without deducting Rank Pay, he was informed by PCDA (O) that High Court judgment was for “not deducting Rank Pay” as on 01/01/1986 and not as on 01/01/1996. No further communications was received thereafter either from the officer or any directive from High Court to justify the claim of the officer. (Aerial View’s comment: It appears to have escaped the attention of PCDA (O)/CGDA that Kerala High Court was not informed about the 5th CPC recommendations and issue of SAI No. 2 /S/1998 when UoI & Ors filed a Writ Appeal No. 518 of 1999. If it was done, probably the High Court would have taken cognisance when upholding O.P. 2448/1996!). Keeping in view the underlying principles of the matter, the court order is required to be implemented to all similarly situated officers in the same way was done in the case of Maj Dhanapalan. They have further argued that as per Fourth Pay Commission orders, Rank Pay was introduced for the first time which was in addition to Integrated Pay Scale. But at the time of pay revision on Fifth Pay Commission orders, officers were in receipt of Rank Pay which was treated as part of Basic Pay for all purposes including pension, retirement & pensionary benefits. For revision of pay as on 01/01/1996, 40% fitment was allowed to be added to existing emoluments before deducting Rank Pay as pre-revised rates while fixing pay in the revised pay scale for that rank. Thus, the views expressed by PCDA (O), who implemented the original order in the case of Maj Dhanapalan, are reasonable. Therefore, if agreed to, we may support the views of PCDA (O) on this issue and may offer our comments accordingly.           

6.         Keeping in view the above facts and based on the comments from the Controllers offices, Draft comments on the DGL have been attempted and is placed opposite for perusal and approval please. 

            Submitted please
Sd/---------------
21/11

SAO (AT-I)   Sd/---- 21/11
ACGDA (AT-I) Sd/------- 22/11
Jt CGDA (AT-I)

Note 11

The MoD has forwarded the DGL prepared by the Services HQrs for vetting/comments with a view to implement Hon’ble Supreme Court decision of 4/9/12 given in the matter of Rank Pay.

2.         The DGL has been examined in consultation with the concerned field Controllers (PCDA (O), PCDA (N) and CDA (AF). Accordingly, a reply in response to the MoD ID dt 14/11/12 has been prepared per DFA. 

            Submitted please.                                                                 Sd/-------------------
                                                                                                                        22/11/12
Addl CGDA (VS)                                          

Jt CGDA (AT-I)        Sd/------------- 22/11/12

SAO/ACGDA

Note 12

Subject: Implementation of Hon’ble Supreme Court order dated 04/09/2012 given in  IA No. 9 of 2010 in Transfer Petition (C) No. 56/2007 filed before Supreme Court  on behalf of UOI Vs. N. K. Nair & Others: vetting of DGL


            Reference preceding note.

Placed opposite is MoD, D (Pay/Services) ID No. 34 (6)/2012 – D (Pay/Services) dated 22/11/2012 received today (i.e. 23/11/12) on the above subject for perusal please.

2.         MoD vide their ibid ID has intimated that Additional Secretary (A) will take a meeting in his chamber on 23/11/2012 at 1130 hours to discuss the above (the) case.

3.         In view of the above request of MoD, submitted for nomination of officers to attend the above said meeting.

            Submitted please                                                                              Sd/------------------
                                                                                                                                    23/11/12
SAO (AT-I)   Sd/----------- 23/11

ACGDA (AT-I) Sd/-------- 23/11

Jt CGDA (AT-I)        The undersigned alongwith Sh Arun Kumar AAO of AT Sec may attend it (regular SAO is on leave).                                                      Sd/------------ 23/11/12

Addl CGDA (VS)       Sd/------------ 23/11


Note 13

Subject: Implementation of Hon’ble Supreme Court order dated 04/09/2012 given in  IA No. 9 of 2010 in Transfer Petition (C) No. 56/2007 filed before Supreme Court  on behalf of UOI Vs. N. K. Nair & Others

Reference: Preceding note

            Placed opposite is MoD, D (Pay/Services) ID No. 34 (6) /2012 D (Pay/Services) dated 26/11/2012 on the above subject for perusal please.

2.         As per directions of the MoD vide their ibid ID dated 14/11/2012, the DGL prepared by Services HQrs was examined in this HQrs in consultation with the concerned filed Controllers’ offices and desired comments on the DGL were furnished through our UO Note of even No. dated 22/11/2012.

3.         Certain provisions proposed in the DGL were not in consonance with the Hon’ble Supreme Court order. Therefore, appropriate comments were offered on the DGL vide UO Note dated 22/11/2012 based on the comments received from the Controllers. However, now, MoD has stated that the DGL proposed by the Service HQrs was not agreed to by CGDA, therefore O/o the CGDA may prepare the DGL and furnish it by 27/11/2012 (forenoon). It is pertinent to mention that MoD has not commented whether they agree with our views (as conveyed in our UO dated 22/11/12) or otherwise.

4.         It is submitted that as per practice in vogue, Draft Government Letters (DGL) are normally only commented/vetted by this HQrs office as per the desire and directions of MoD.

5.         In view of the above, we may suggest MoD that if the MoD is in agreement with our above quoted comments, they may advise Service HQrs to submit revised DGL.

Submitted for orders please

                                                                                                            Sd/------------- 26/11/12
SAO (AT-I)   Sd/---------------- 26/11

ACGDA (AT-I)        
Note -14

We may take action as proposed in para 5 of note ante. Incidentally, I have received one more telephone call from the office of FA (DS) for expediting the DGL today itself.   

2.                  Submitted for approval as proposed above pl.
Sd/--------------- 26/11

Jt CGDA (AT-II)

Note 15
Subject: Implementation of Hon’ble Supreme Court order dated 04/09/2012 given in  IA No. 9 of 2010 in Transfer Petition (C) No. 56/2007 filed before Supreme Court  on behalf of UOI Vs. N. K. Nair & Others

            Reference: Preceding note

Placed opposite are MoD, D (Pay/Services) ID No. 34(6)/2012 D (Pay/Services) dated 26/11/2012 and MoD (Finance) UO Note No. MoD 8(13).2012 – AG/PA dated 26/11/2012 on the above subject for perusal please.

2.         FA (DS) has desired that DGL prepared by Service HQ should be revised by CGDA as per their comments. W have submitted comments on DGL vide our UO Note dated 22/11/2012.

3.         Suitable DGL, as per comments offered by this HQrs Office, has been attempted and the same is placed in Annexure ‘A.’
4.         MoD (Fin) has also advised this Office to offer comments on the note dated 09/11/2012 of MoF. It is mentioned that this HQrs office has already offered comments on the same vide UO Note dated 16/11/2012 (P/84 not included in reply to RTI) in response to MoD D(Pay/Services) ID dated 12/11/2012. We may forward copy of our UO Note dated 16/11/2012 to MoD (Fin).

5.         Suitable draft UO addressed to MoD (Fin) and MoD D (Pay/Services) is placed opposite.

            Submitted for approval please
Sd/---------------- 26/11
Sr AO (AT-I)                        Sd/-------------- 26/11

ACGDA (AT-I)         As per direction, a revised DGL based on the comments offered by this HQrs office earlier have been drafted and placed at Annexure ‘A’.

2.         As regards our comments on MoF note dt 9.11.12, it is submitted that this HQrs has already offered the comments vide our UO No. dt 16/11/12 forwarded to MoD D (Pay/Services). This has also confirmed by JS & Addl FA (M) to undersigned on phone. We may therefore forward a copy of our UO note dt 16/11/2012.

3.         Draft UO note and DGL are placed opposite for approval pl.               

Sd/-------- 27/11

Jt CGDA
Note 16

As desired by MoD (Fin), the DGL has been attempted as per DFA.

            May kindly see before issue pl
                                                                                                                        Sd/-------29/11

Addl CGDA (VS)       Sd/--------- 29/11

ACGDA/ SAO


Note 17

Subject: Implementation of Hon’ble Supreme Court Order dated 04/09/2012 given in IA No. 9 of 2010 in Transfer Petition No. 56 of 2007 filed before Supreme Court on behalf of UOI Vs N. K. Nair & Ors

Reference: Preceding note

            As directed, it is proposed to convene a meeting in this HQrs office on 01/12/2012 at 11.00 AM to discuss the modalities for implementation of Hon’ble Supreme Court judgment dated 04/09/2012.

2.         We may request PCDA (O) to personally attend the meeting, accompanied with an officer well conversant with the subject matter.

3.         We may also request ADGPS, ADG MP and MS-8 Branch to attend the meeting.

            Draft letters (DFA I to IV) to the participants are placed opposite.

            Submitted for approval please.
Sd/-------- 29/11

ACGDA (AT-I)         May kindly approve the DFA I, II, III & IV add to the participants for the meeting.                                                                                                Sd/------ 29/11//

JT CGDA (AT-I)      We may write to PCDA (O), ADGPS, ADG MP and Dy MS (there is no Maj Gen in MS Branch) requesting them to attend the meeting as per DFA.

Submitted please                                                                              Sd/-------- 30/11/12

Addl CGDA (VS) May kindly see. The DGL prepared by us is flagged at pg 168. A copy has been faxed to PCDA (O) with a request to present the plan of action in line with it during the meeting on 6/12.                                                            Sd/--------- 30/11

CGDA
Note 18

                                    Sd/ AD
                                    30 Nov 12

Addl CG (VS)                        Sd/------- 30/11

Jt CG (AT-I)             Sd/------- 30/11

SAO/ACGDA

Note 19

Subject: Implementation of Hon’ble Supreme Court Order dated 04/09/2012 given in IA No. 9 of 2010 in Transfer Petition No. 56 of 2007 filed before Supreme Court on behalf of UOI Vs N. K. Nair & Ors

            Placed opposite is AG’s Branch (Tri Service Pay Staff) FAX letter No. PC-C/7026/6th CPC/Vol-III dated 30 Nov 2012 for perusal please.

2.         It has been mentioned in the above letter that a meeting has been scheduled to be held on 04 Dec 2012 at 1130 hrs in the office of Chairman PARC (Room No. 114, 1st Floor, D-II Wing, Sena Bhawan) to finalise the DGL submitted by Armed Forces and discuss various issues raised and observations made by CGDA/MoD (Fin). This HQrs has been requested to depute representative to attend the meeting.        

3. (erroneously numbered as 2) The above proposed meeting is with reference to MoD, D (Pay/Services) IDNo. 34 (6)/2012-D(Pay/Services) dated 26 November 2012 under which it has been mentioned that approval of Government of India has been conveyed to re-fix the pay without deduction of rank pay w.e.f. 01/01/1986 in respect of the affected officers of the armed forces in conformity with the orders of the Kerala High Court order dated 05/10/1998 in the case of Maj A.K. Dhanapalan vide MoD letter of even No. dated 26/11/2012. The ibid MoD letter dated 26/11/2012 has not been received in this HQrs office so far. However, a copy of the same downloaded from MoD website is placed opposite for perusal please.  

4. (erroneously numbered 3) With reference to the subject matter of the proposed meeting, it may be mentioned that instructions from MoD (Fin) (P/163) and MoD, D (Pay/Services) (P/157) were received for revised DGL to be prepared by this HQrs as per Note 15/16. Accordingly, revised DGL has already been furnished vide our UO Note dated 29/11/2012. Therefore, attending the above proposed meeting at this stage by this HQrs office may not be necessary. If agreed to, we may intimate AG’s Branch accordingly.  

            Submitted please                                                                  Sd/----------- 3/12

SAO (AT-I)   Sd/---------- 3/12

ACGDA (AT-I)         Sd/------------ 3/12

Jt CGDA (AT-I)        As ppd            Sd/----------- 3/12

ACGDA/SAO

N-21
DFA to the MoD (Fin) against theirUO of 3/12/12.

Submitted please                                                                              Sd/------------- 6/12/12

Addl CGDA (VS)       Sd/------------- 6/12


Note 22

Note 17

Subject: Implementation of Hon’ble Supreme Court Order dated 04/09/2012 given in IA No. 9 of 2010 in Transfer Petition No. 56 of 2007 filed before Supreme Court on behalf of UOI Vs N. K. Nair & Ors

            Reference: Preceding note

            Placed opposite are MoD, D (Pay/Services) two IDs both dated 06/12/2012 on the above subject issue.

2.         As per directions of MoD (Fin) and MoD, D (Pay/Services) vide their Notes dated 26/112012 (P/163) and 26/11/2012 (P/157) respectively, revised DGL has already been submitted to MoD (Fin)/D (Pay/Services) vide this HQrs UO Note dated 29/11/2012 (P/176). Now, the MoD vide their above quoted IDs desired revised DGL regarding modalities and methodology of payment in the above matter which should address the issues mentioned in ibid MoD IDs. 

3.         The DGL has been suitably revised further, wherever required, and the same is placed opposite for perusal and approval please. A draft reply has also been attempted and the same is placed opposite for approval please. 

Submitted                                                                                          Sd/--------- 7/12

ACGDA (AT-I)         Sd/-------- 7/12

Jt CGDA (AT-I)        The revised DGL as desired in MoD in their IDs both dated 6/12/12 has been attempted. The same may be considered and approved pl.
                                                                                                            Sd/----- 7/12/12
Addl CGDA (VS)                   Sd/------- 7/12

Jt CG (AT-I)                         Sd/------------- 7/12

ACGDA/SAO
Note 23

            Reference: Preceding notes

            Placed opposite is MoD (Fin) UO Note dated 10/12/2012 and MoD D (Pay/Services) ID dated 10/12/2012 on the subject issue for perusal please.

2.         It has been desired by MoD (Fin) that a revised DGL incorporating element of ‘personal pay,’ if any, be sent by return fax to deal with the cases in which the pay crosses the maximum of the pay scale after requisite fixation as per Supreme Court order.   

3.         It has been stated by this HQrs office in Para 3 of UO dated 07/12/2012 that suitable amendment in the provisions of Para 6 (c) of SAI 1/S/87 and corresponding SNI & SAFI would be required for protecting the pay of the affected officers.

4.         It is mentioned that the term personal pay has been defined in FR 9 (23) as ‘Personal Pay means additional pay granted to a Government servant -

(a)       To save him from a loss of substantive pay in respect of a permanent post other than a tenure post due to a revision of pay or to any reductions of such substantive pay otherwise than as a disciplinary measure; or

(b)       In exceptional circumstances, on other personal considerations.” Further FR 37 stipulates that “Personal pay – Except when the authority sanctioning it orders otherwise, personal pay shall be reduced by any amount by which the recipient’s pay may be increased, and shall cease as soon as his pay is increased by an amount equal to his personal pay.”   

5.         It is mentioned that usually, the personal pay gets absorbed in future increases of pay and it is for the competent authority to take the decision otherwise. Since the condition of future absorption already exists in similar context of Para 6 (j) of SAI 1/S/1987.

6.         In view of the above, we may incorporate following provision below Para 2 (b) in the DGL for examination and consideration by MoD (Finance).
“If, after re-fixation of pay as per sub para (b) above, in case the pay so computed is more than the maximum of the revised scale, the difference shall be allowed as personal pay to be absorbed in future increases in pay.”    

7.         In view of the above, revised DGL is placed for approval please.
            Suitable DFA is also placed opposite.

            Submitted for approval please

Sd/------------------ 10/12

Jt CGDA (AT-I)        May kindly see before issue
Sd/--------------- 10/12/12

Addl CGDA (VS)                   Sd/-------------- 10/12

Note 24

Subject: Implementation of Hon’ble Supreme Court Order dated 04/09/2012 given in IA No. 9 of 2010 in Transfer Petition No. 56 of 2007 filed before Supreme Court on behalf of UOI Vs N. K. Nair & Ors on the matter of Rank Pay

Reference Note/3 and Note/18 ante

            Placed opposite is PCDA (O) Pune letter No. Tech/0321/4th CPC/Court Case dated 14/11/2012 (PUC) in response to this HQrs office letter dated 09/11/2012 (P/47) for perusal please.

2.         In the above letter the PCDA (O) has basically raise the issue regarding non-availability of required records for revision of pay and calculation of arrears as per subject order of Hon’ble Supreme Court.

3.         For the above purpose a meeting was recently convened in this HQrs office on 06/12/2012 which was attended by Officers of Army HQrs as well as PCDA (O). It was decided in the meeting that PCDA (O) will provide the list of officers whose records are available with them and with reference to that list, AHQ will provide to PCDA (O) Pune the records of other affected officers whose data is not available with PCDA (O).

4.         Keeping in view the above, now, the PCDA (O) letter at PUC do (sic) not warrant any action by this HQrs office. As such, if agreed to, we may record it.

Submitted please                                                                  Sd/------------ 12/12
 
SAO (AT-I)

            In a meeting the AHQs authorities have already assured to furnish the required data to PCDA (O) Pune. We may therefore record the PUC .

            Submitted for orders please                                               Sd/--------------- 12/12/12

Jt CGDA (AT-I)                    Sd/---------- 13/12/12

SAO (AT-I)
Note 25

            Reference Preceding Note.

            Placed opposite in MoF, DoE ID No. 209753/E-III (A)/12 dated 13/12/2012 received through MoD D (Pay/Services) for clarification. 

2.         MoD, D (Pay/Services) has desired this HQrs to clarify the query at point 2 (ii) of the above quoted MoF ID. It has been desired in the MoF ibid ID that the pay for the purpose need to be defined within the 1/S/1987. The manner in which the personal pay is to be allowed is also to be clarified with an illustrative example as to how the personal pay is to be allowed as per Para 2 (c) of the DGL forwarded on 10/12/2012. 

3.         It is not feasible to locate and give actual illustration of the case. However, the matter has been examined in this HQrs office and a suitable draft and a hypothetical illustration has been prepared and the same are placed opposite for perusal and approval please. (Comment by Aerial View – illustration in the next post). 

            Submitted for approval please

Sd/---------------- 14/12
Jt CGDA (AT-I)

            A reply to the query raised at Para 2 (ii) of MoF ID dt 13/12/12 may be furnished as per DFA, as desired by the AFA in his noting thereon.

2.         They (AFA and Director MoD) also want a conversant officer from CGDA office to be deputed for clarification, if any, in the meeting of Dy Secretary MoF at 2.45 PM. Sh J.P. Kukade, SAO (AT-I) may be deputed for this purpose.

            Submitted please
Sd/---------------- 14/12/12

Addl CGDA (VS)                   Sd/---------- 14/12

Note 26

            Placed opposite is MoD (Finance) UO Note received on 17/12/2012 for perusal.

2.         MoF has not agreed to the provision of personal pay as proposed in DGL forwarded on 10/12/2012 (P/236).

3.         MoF has proposed paras 1 to 8 in place of para 1 to 2 (e) of the previous DGL furnished on 10/12/2012 (P/236). Accordingly, the DGL now to be furnished to MoD (Fin) has been revised and the same is placed opposite

4.         MoF in their ID dated 17/12/2012 addressed to MoD have stated that MoD has not been able to provide a copy of Government sanction issued by them to implement the Court order in case of Maj Dhanapalan. For this reason they have asked MoD to ensure the factual veracity of the highlighted portion of Para 3 of the suggested draft (DGL). It si mentioned that said implementation sanction is not available with this Office. However, it is seen from available records that sanction for charged expenditure for Rs 28031/- to implement the court order in case of Maj Dhanapalan was issued by Army HQrs, AG Branch vide their letter dated 26/08/2005. The details of the calculation of Rs 28031/- have been reflected in PCDA (O) Pune letter dated 26/06/2006 (P/263) addressed to this HQrs office.

5.         In view of the above, we may intimate factual position in this regard to MoD with reference to para 2 regarding confirmation on veracity of the implementation in the case of Maj Dhanapalan.

            Suitable DFA is placed opposite.

            Submitted for approval please
                                                                                                                        Sd/-------------- 18/12

Jt CGDA (AT-I)        on Tour

Jt CGDA (AT-II)      May pl see before issue                   Sd/----------- 18/12

Addl CGDA (VS)       Sd/------- 18/12

Note 27

Subject: Implementation of Hon’ble Supreme Court Order dated 04/09/2012 in IA
No. 9 of 2010 in Transfer Petition No. 56 of 2007 filed on behalf of UoI
Vs N. K> Nair & Ors on the matter of Rank Pay

            Reference: Note/23 ante

            Placed opposite is PCDA (O) Pune letter No. Tech 0321/4th CPC/Court Case dated 07/12/2012 (PUC) for perusal please.

2.         The above letter of PCDA (O) is actually in response to this HQrs office letter dated 07/12/2012 (although it has not been quoted). This letter (P/226) was issued asking for the information with reference to Para 3 of MoD D (Pay/Services) ID No. 34 (6) 2012 – D (Pay/Services) dated 06/12/2012 (P/216). Vide ibid Para 3 the MoD has desired rank-wise calculation of the minimum and maximum of the scales based on proposed revised DGL. Obviously, the above information was desired in anticipation of the changes in DGL (furnished on 07/12/2012) regarding pay scales. Since no such changes in the DGL (P/237) was made by this HQrs office, therefore the above desired information becomes irrelevant. Accordingly, MoD is also not pursuing for the information.    

3.         In view the above, if agreed to, the PCDA (O) letter at PUC may be recorded for future reference.

            Submitted for orders please
            Sd/-----------------26/12
SAO (AT-I)               Sd/--------- 26/12

ACGDA (AT-I)         Sd/--------- 31/12

Note 28

            Placed opposite is MoD, Defence (Finance/AG) FAX received on 26/12/2012  for perusal please.

2.         MoD (Finance) in their FAX (P/283) received in this office on 17/12/2012 has asked this office to confirm veracity of the facts as stated in para 3 of the revised/suggested draft furnished (P/280) by MoF regarding implementation of court order in case of Maj (Retd) Dhanapalan.  

3.         The court order in case of Maj Dhanapalan was implemented based on Army HQrs letter dated 26/08/2005 (P/263) based on which payment of Rs 28031/- on account of arrears was made by PCDA (O) Pune. The factual position was accordingly intimated to MoD (Finance) vide our UO Note dated 18/12/2012 (P/293).

4.         Now, MoD (Finance) has desired to verify the factual accuracy of para 3 of DGL which reads as “…direction of Hon’ble High Court of Kerala was implemented by this Ministry, re-fixing the pay of the petitioner w.e.f. 01.01.1986 without applying the aforesaid provision contained in para 6 (a) (ii) of Special Army Instructions of 26th May 1987, i.e. without deducting the rank pay as appropriate to the petitioner as on 01.01.1986…” 

5.         In the above regard, PCDA (O) Pune has already clarified the position in para (B) (a) of their letter dated 21/11/2012 (P/115). Accordingly, the same has also been incorporated in Para 8 (b) of this HQrs UO Note of eve No. dated 22/11/2012 (P/132) addressed to MoD, D (Pay/Services) copy of which has already been forwarded to MoD (Finance) under this HQrs office UO Note of even No. dated 29/11/2012 (P/176).     

6.         In view of the above, we may confirm factual accuracy of para 3 of the DGL as per DFA placed opposite.

            Submitted for approval please
                                                                                                                        Sd/----------- 24/12

ACGDA (AT-I)                     Sd/------------ 26/12

Jt CGDA (AT-I)                    Sd/-------------26/12

ACGDA

SAO

/          /          /          /          /          /

Concluded

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