Armed Forces Tribunal to be under Ministry of Law

Parliamentary Committee supports removing control of Defence Ministry over Armed Forces Tribunal (AFT)

Agreeing with the proposal that the Armed Forces Tribunal (AFT) should not function under the Ministry of Defence (MoD), the Parliamentary Standing Committee on Defence in its 18^th Report submitted this month has recommended that placing AFT under the Ministry of Law and Justice would go a long way in building a strong and independent institution.

It may be recalled that the Punjab & Haryana High Court in its decision in the Public Interest Litigation titled Maj Navdeep Singh Vs Union of India has already directed that the AFT should be placed under the Law Ministry and not the MoD to ensure independence and that keeping in view the separation of powers enshrined in the constitution, government should have minimal say in its functioning.

Deposing before the Parliamentary committee, all witnesses vouched for shifting of AFT from the purview of MoD. The Indian Ex-Services League (IESL) was of the view that the situation was subjective since AFT was to comment on the actions of the MoD itself. Col Satwant Singh opined that control should not be with MoD so that AFT can render judgements fearlessly without bias and without worrying about loss of hidden perks. Secretary Ministry of Law and Justice also informed the committee that the Department of Justice had already mooted establishment of a ‘Central Tribunals Division’. Another representative of the Law Ministry informed the committee that MoD did not want to leave control over AFT and the Defence Ministry is also filing appeals in almost each and every matter decided by AFT.

The Defence Services and Department of Ex-Servicemen welfare (DESW) have expressed reservation on grant of civil contempt powers to AFT while the Defence and Law Ministries have fully supported such powers. Experts associated with the issue have also expressed shock over the brazen manner in which DESW has stated before the committee that AFTs cannot disregard govt policy and that is the reason why decisions of AFT are not implemented. The Defence Secretary’s stand however has been appreciated wherein he has stated on record that challenging any authority is a fundamental right of every individual, whether he is in service or retired and he has to be provided reasonable opportunity to air grievances.

 

 

 

 

Truth and Deceit:IV CPC Rank Pay case: Part II

Part II

From the above it is crystal clear that the rank pay was deducted twice. Once at the time of fixing the minimum initial pay for each rank from Capt to Brig in terms of para 6 (a) (ii) of SAI of 1987, and again at the time for calculation of emoluments which has been partially corrected now after the SC order. In most cases even the 20% fitment weightage was denied. 

The increased minimum initial pay at IV CPC will have a cascading effect on the pay scales at the V CPC as the integrated scale was replaced by individual rank based pay scales. Rank pay was also deducted at the time of pay fixation of V CPC both at the time of deciding on the rank based pay scales as well as at the time of fixation. The existing pay scales of V CPC are depressed scales based on the lowered minimum for each rank at IV CPC which needs to be corrected. Accordingly the new scales would be as given

Rank/Pay Scale	Existing as per SAI 1997 at V CPC	Revised scales w/o deduction of rank pay at V CPC
Captain	9600-300-11400 +RP 400	10000-300-11800+ RP 400
Major	11925-325-14850+RP1200	12800-325-16050 + RP 1200*
Lt Col	13500-400-17100+RP 1600	15100-400-18700+RP1600
Colonel	15100-450-17350+RP 2000	17100-400-19350+RP 2000
Brigadier	16700-450-18050+RP 2400	19100-450-20450+RP 2400

 

* Note:  The corresponding Civil scale of Major of 4100/4500, were rationalized and merged and given 14300-400-18300. Here again the Majors were given a raw deal.

Once this is implemented, then for VI CPC, the minimum of pay in the pay band and grade pay will correspondingly increase.

Rank		Existing / Revised Scales	Pay in the pay band	Grade Pay	MSP	Total Pay	Diff
Captain	Existing Revised	9600+400 RP 10000+400RP	18600 19350	6100 6600	6000 6000	30700 31950	1250
Major	Existing Revised	11600+1200RP 13125+1200RP	23810 26650	6600 7600	6000 6000	36410 40250	3840
Lt Colonel	Existing Revised	13500+1600RP 15100+1600RP	38530 42120	8000 8700	6000 6000	52530 56820	4290
Colonel	Existing Revised	15100+2000RP 17100+2000RP	40890 46050	8700 8900	6000 6000	55590 60950	5360
Brigadier	Existing Revised	16700+2400RP 19100+2400RP	43390 48870	8900 10000	6000 6000	58290 64870	6580

                       

Q         Was rank pay as admissible to Lt Col paid to Lt Col (TS)?

A         No, neither at IV CPC nor at V CPC.

Q         What is the definition of rank pay?

A         Rank pay as defined by the IV CPC states’ Rank pay is admissible to an officer appropriate to the rank actually held, either in acting or substantive capacity, in addition to the pay in the revised scale. It is also stated therein that rank pay forms part of basic pay. It has been further clarified by MoD vide their letter of 29 Feb 2000 that, It is that element of their pay which is identified with their rank, which in turn has a relationship with their scale of pay. It will consequently be taken into account for determining their entitlement to such of those financial benefits/concessions etc including retirement benefits, as are directly related to the basic pay or their pay scales.

The Army/Navy/Airforce instructions would be amended accordingly.

Q         What does DSR say on substantive pay?

            A           Changes in DSR 1962 Edition vs 1987 Edition

             Para 65 of 1962 edition

            “Substantive promotion to the rank of Lt Colonel of officers not promoted by selection

            under para 66 below, against the authorized establishment of Lt Cols, may be made,

            subject to their being considered fit in all  respects by time –scale, on completion of

        24 years reckonable commissioned service provided they  have not attained the

age  age  of  compulsory retirement. Officer so promoted will not  be reckoned, against the

tthe    authorised establishment of Lt Cols, but will be held in the separate ‘non-selection’  list   

  list, except that an officer selected to act as a Lt Col before completing 24 years  service and made substantive under this rule on completing 24 years’ reckonable service will be held against

an authorized Lt Col appointment”.         

          Para  66(i) of 1987 edition

 

           “Substantive promotion to the rank of Lt Col of officers not promoted by selection

            against the authorized establishment of Lt Cols, may be made, subject to their being

            considered fit in all  respects, by time scale, on completion of 21 years reckonable

            commissioned service but not more than 26 years reckonable commissioned service

            provided they  have not become due for retirement on the basis of the age of

            superannuation prescribed for the rank time scale of Lt Col. Officers so promoted will     not be reckoned, against the authorized establishment of Lt Cols, but will be held in             the  separate ‘non-selection’ list.  The number of officers held on the ‘non selection’         list will count against the authorized establishment of officers in the rank of           Major”.         

 

 1987 Regulation has equated time scale Lt Col, even if substantive after                     24 years of service, equivalent to Major. This equation was not laid  in  paragraph 65 of  Regulation    1962. This has caused financial loss to the non-selection list of officers. It should be noted that Time scale Lt Col  were given the pay scale of Lt Col on completion of 21 yrs of service by the V CPC. Such officers were promoted to the rank of Col with implementation of AV Singh committee recommendations and are  drawing pay and grade pay of Col after 6 CPC.

              Regulation for Army is a administrative document and is not required to                                include any instructions concerning financial implications. That being so, Regulation

of 1962 edition did not include any financial clause in this   administrative document, whwhereas 1987 Regulation did include financial  clause under para 66(i) by incorporating amendment like “non    selection  officers will count against officers in the rank of Major”.

           Perhaps the ‘Rank pay’ factor was not catered for, but the definition of                                 rank pay is very clear and needs to be implemented now both at IV as well as V CPC. This has concurrence of the MoF as per letter of 29 Feb 2000. It will restore pay and pension denied since 1986 to date. Concluded Part III

 

 

 

 

 

 

               

Truth and Deceit: IV CPC Rank Pay Case: Part I

The truth must be known to all as to how the armed forces officers were cheated at IV CPC in their pay and allowances and their cadre downgraded by an act of commission/ommission. The revealations will be in three/four parts in Q/A form.

Part I

Q:        Did you get rank pay at IV & V CPC in real terms?

A:      NO. What appears as ‘rank pay’ is notional even after the partial implementation of SC order by UOI/MoD.

Q       What has CDAO paid now after the SC judgment?

A.      CDAO Pune has only paid the difference of total emoluments which u were paid (drawn) and what you should have got (Due) without deduction of rank pay. By so doing it has also violated the instruction of MoD which said that the minimum initial pay for each rank be refixed without deduction of rank pay in terms of para 6(a)(ii) of SAI of 1987 as per their own letter of 27 Dec 2012.

Q.      For a moment let us presume that if no rank pay was granted what would then be the scales of offrs when migrating from III CPC to IV CPC equivalent to civ scales?

A:      The equivalent civ scales would have been: Capt 3000-100-3600; Major 4100-125-4850-150-5300; Lt Col 4800-150-5700, Col 5100-150-5700; Brig 5900-200-6700. Rank pay would then have been over and above the revised scales at the recommended scales of IV CPC.

The edge given to armed forces officers in their pay scales as compared to civ offrs was due to ‘Special Disturbance Allowance’ which existed before III CPC and continued thereafter.

Q       How the scales were manipulated to form integrated scale of 2300-100-3900-150-4200-EB—150-5100?

A       Documentary evidence exists with RDOA that:

In the integrated pay scales for each rank there was a minimum pay fixed for separate ranks. This minimum was arrived at after deduction of rank pay. So then we have as per para 6 (a)(ii) of SAI of 1987 the minimum for each rank as:

Capt 3000(2800+RP200); Major 4000(3400+RP600); Lt Col 4700 (3900+RP800);
Col 5500 (4500+RP1000); Brig 6150 (4950+RP 1200). So in real terms you never got rank pay. Your scale was divided into two components of basic pay plus rank pay. As per para 8.65 of IV CPC Report Civs who were in Senior Adm Grade II & I (SAG) at 3CPC were upgraded and given the scale of 5900-200-6700;  but this was not extended to the Armed Forces. So Col and Brig got clubbed in the same scale of SAG II. Had that been given then Brig would have started at 5900-200-6700. These depressed scales by an amount equal to rank pay got carried fwd to V CPC and then on to VI CPC reducing the pay scales and status of AF officers vis a vis civ counterparts.

The entire integrated scale was compressed for offrs from Capt to Brig in the equivalent civil scale of JTS starting with 3000-100-3500-125-5000 which was improved by the Pay commission to 5100 with rank pay to be paid in addition at the recommended rates.

Q       What then should be the correct integrated scale from the rank of Capt to Brig?
A         The integrated scale after refixation of initial pay in terms of para 6(a)(ii) would also get modified to the extent of adding Rs 200 at start of scale of Capt and Rs 1200 at top of integrated scale equivalent to the deducted rank pay as given:

Existing:         2300-100-3900-150-4200 EB-150-5100

Revised:       2300-100-3900-150-5850-200-6300

Q         What the SC order says?

A         The Hon’ble Supreme Court in its order of 04 Sept 2012 corrected this grave anomaly. The judgment very clearly stipulated that the pay of all officers be refixed from 01/01/86 without deduction of rank pay.

So where ever deduction of rank pay is involved it has to be restored back. CDAO has only calculated the total emoluments without deduction of rank pay but has left out the refixation in terms of para 6 (a) (ii) which is affecting all officers whether pre 86/as on 1/1/86 or promoted after 1/1/86 and then on to V & VI CPC.

Q         What should be the correct refixation without deduction of rank pay?

A         To take an example, for the Major and Major(SG) that existed before IV CPC, the nearest civil eqvts were the Comdt and Comdt(SG) of the CG/BSF etc, though the CG being relatively new did not have Comdt(SG) at the time.

The Civil Services also had JAG (Dy Secy) and JAG(SG)/Director. But JAG (9 yrs) did not correspond with Maj/Comdt(11 yrs) but all SG levels became the same when the CPC instituted uniform progression to SG level at 14 years.

The post IV CPC scales of Comdt and Comdt(SG) started at 4100 and 4500 respectively. This is where the Maj/Maj(SG) would have started if we had not gone into the convulsions of integrated scale, RP etc.

 Now the CDA calculation says minimum for Major (11 yrs) is 3600, less than the start of JAG/Dy Secy (3700) at 9 yrs. It cannot by any stretch be less than 3700/- plus two increments.
The V CPC Anomalies reports(High Level Committee and Group of Officers) had also already accepted and implemented 14300/- min(replacement of the IV CPC 4500/-) for Major at 14 years and now they are saying 13500/- for Lt Col instead of a few increments over 14300/-.

 After due modification in terms of para 6(a)(ii), the revised initial fixation of pay in the integrated scale for officers from the rank of Captain to Brig & equivalent would be as shown.

Rank	Reckonable yrs of service for pay	Existing Initial Pay as per SAI of 87	Revised Initial Pay w/o deduction of rank pay	Rank pay	Total pay (Rs Pm)
Captain	5	2800	3000	200	3200
Major	11	3400	4050	600	4650
Lt Colonel	16	3900	4800	800	5600
Colonel	20	4500	5550	1000	6550
Brigadier	23	4950	5900	1200	7100

 Once the minimum basic pay changes, the pension of all pre 1986 officers as well as those who got promoted after 1/1/86 would also change.

Concluded....Part II