Rank Pay: New Order by MoD for more monetary benefits
On the rank pay controversy the Attorney General had supported some
of the issues raised by the Defence Services on which there was a
difference of opinion with the Ministry of Defence on interpretation of
the decision of the Supreme Court.
Taking into account the legal advice tendered by the then Attorney
General, the Ministry has issued a fresh letter on the rank pay issue
which is to be read in conjunction with the earlier letter.
The Ministry has also agreed that the reduction/deduction of rank pay
from the fixation during 5th Central Pay Commission was also incorrect
and that the fixation would be rectified for the period of 01st January
1996 and beyond too.
The contents of letter is reproduced below: The letter can be downloaded by Table by PCDA.
34(10/2013/D (Pay/Services)
Government of India
Ministry of Defence
New Delhi, Dated the 24th July 2014
To,
The Chief of the Army Staff
The Chief of the Naval Staff
The Chief of the Air Staff
CORRIGENDUM
Sub:
Implementation of Hon’ble Supreme Court Order dt 4th
September, 2012 in IA No. 9 of 2010 in Transfer Petition (C) No. 56 of
2007 Union of India and Others versus N. K. Nair & others, etc
Sir,
I am directed to refer to this Ministry Order No. 34
(6)/2012-D(Pay/Services) dt 27th December 2012 regarding implementation
of subject Order of the Hon’ble Supreme Court and to state that as per
legal opinion tendered by the Learned Attorney General of India, the
sanction of the Government is hereby accorded to modify the provisions
of this Ministry’s ibid order as under:
(i) The existing para 6 will be renumbered 6 (A) and would stand revised as under:
In the twelfth line after the word ‘(integrated scale),’ the words “as on 1.1.1986” will be substituted by “w.e.f. 1.1.1986.”
(ii) A new para 6 (B) will be added as follows:
6(B) Sanction of the Government is hereby also communicated to modify
certain provisions of Special Army Instructions No. 2/S/1998 dated 19th
December 1997 and the corresponding Special Instructions pertaining to
Navy and Air Force both bearing Nos. 2/S/1998 dated 19th December 1997,
in so far as they relate to deduction of Rank Pay for fixation of
revised pay of the concerned officers of Army, Navy and Air Force in
the revised scale w.e.f. 01.10.1996. The modifications/amendments in SAI
2/S/1998 and corresponding instructions for Air Force and Navy are as
under:
(a) The existing para 5(a)(ii) would read as under:
(ii) After the existing emoluments have been so increased, there
shall be no deduction of Rank Pay. Thereafter, the officer’s pay will be
fixed in the revised scale at the stage next above the amount thus
computed
(iii) A new para 6(C) will also be added in ibid MoD letter as follows:
6(C) The pay fixation formula w.e.f. 1.1.2006 as laid down in SAI
2/S/2008 and the corresponding Special Instructions applicable to the
Air Force and Navy has also been examined in light of the legal opinion
tendered by the Learned Attorney General. In the methodology of pay
fixation of revised pay w.e.f. 1.1.2006, Rank Pay has not been deducted
and has been taken into account along with Basic Pay in the pre-revised
scale to arrive at the new, revised pay in the relevant pay band w.e.f.
1.1.2006 whereupon Grade Pay has also been given and an additional
component of Military Service Pay (MSP) at Rs 6000 p.m. is also
admissible to the Armed Forces upto the rank of Brigadier/eq. As such,
the pay fixation formula w.e.f. 1.1.2006 for the relevant officers of
the Armed Forces as laid down in the relevant instructions does not
require any change.
(iv) Existing Para 7 will be replaced with the following:
7. Except to the extent of modifications as stated in MoD letter No.
34(6)/2012-D (Pay/Services) dated 27.12.2012 and as amended vide this
letter, the aforesaid Army Instructions 1/S/87 dated 26.05.1987 and
corresponding Navy and Air Force Instructions both bearing No 1/S/87
dated 11.06.1987 and 26.05.1987 respectively as amended from time to
time and Special Army Instructions No. 2/S/98 of 19.12.1997 and the
corresponding Special Instructions in case of Navy and Air Force both
bearing No. 2/S/98 dated 19.12.1997 as amended from time to time, there
shall be no change in the provisions of the aforesaid Special Army, Navy
and Air Force Instructions of 1987 and 1997 pertaining to the
implementation of the recommendations of the 4th and 5th Central Pay
Commission.
(v) Existing para 8 will be replaced with the following:
8. As the aforesaid Order of the Hon’ble Supreme Court passed on
04.09.2012 read with their earlier order dated 08.03.2010 has upheld the
order of the Hon’ble Kerala High Court passed on 05.10.1998 in case of
Major A K Dhanapalan and as the said order of the Hon’ble Kerala High
Court dated 05.10.1998 is for re-fixation of pay without deduction of
Rank Pay w.e.f. 1.1.1986, and as this sanction is in compliance with
these judicial pronouncements and the legal opinion of the Learned
Attorney General on this issue, it is clarified that there shall be no
change in respect of Special Army Instructions of Army, Navy and Air
Force issued on 11.10.2008 (Army) and 18.10.2008 (Navy and Air Force)
for implementation of the recommendations of the 6th Central Pay
Commission, except to the extent of the need for the fixation of pay
w.e.f. 01.01.2006 necessitated due to the fixation of pay w.e.f.
01.01.1986 and 01.01.1996 in terms of these orders.
(vi) All other provisions of the MoD letter No. 34(6)/2012-D(Pay/Services) dated 27.12.2012 remain unchanged.
2. This issues with the concurrence of Ministry of Defence (Finance)
vide their UO No. 1(76)/2013-AG/PA (310-PA) dated 23.07.2014 and
Ministry of Finance (Department of Expenditure vide their UO No.
94466/E.III (A)/2014 dated 09.07.2014
Yours faithfully,
(P.S. Walia)
Under Secretary to the Government of India
Source:
http://www.indianmilitary.info
