AFT Cases

AFT 28_Repeat of Clarificatory Description of Case Framework

Dear All,
The  T SEWA  proposed AFT case 28, was fully explained and described on this blog under the Categories Option (AFT Cases) on Right Hand Side of the Home Page.
However, for benefit of those few who may not be aware, please read through the proposed case framework and basis for AFT 28, summarized below.
Members will need to determine their own eligibility to file the case, as the individual service details and pay scales and pensions  as paid to each individual, post 5CPC, would be known to individuals themselves.
It is clarified that the responsibility to verify and confirm his/her eligibility before joining the case, shall lie with the individual and NOT on T SEWA., as it is not physically possible for T SEWA to verify personal details of every individual of his/her Pay/Pension received after 5CPC.
 As a matter of adequate caution, members are advised and reminded to be aware of the consequences of ‘False Representation’ while filing a case in the Courts of Law. When in doubt, better to  refrain from approaching Courts.

5 CPC ANOMALY ON PAY SCALE OF MAJORS & EQUIVALENTS

BACKGROUND

  Consequent upon the Government of India (GoI’s) acceptance of the 5CPC recommendations, with effect from 01st Jan 1996,  the pay scale of Majors, Lt Cdrs and Sqn Ldrs was placed in the pay scale 11600-325-14850 {11600+(325 x 10)=14850}. (Wherever the rank Major appears it includes Lt Cdrs and Sqn Ldrs)

This pay scale for Majors was lower than the equivalent grade (rank) on the civil side. The pay scale for equivalent civil services was at 11925-325-15175. This difference of an amount of 325/- in the starting pay between Majors and equivalent grade in civil side was brought to the notice of the GoI by the then Services Chiefs. GoI constituted a committee to examine the anomaly and after receipt of recommendation of the committee issued a letter fixing initial pay of Majs and
 equivalents in the two services at Rs 11925 but did not amend the pay scale.

Accordingly the MoD, issued a letter dated 29 Feb 2000,drawing authority from MoD (Fin) Auth No: U.O.No. 1/77/99-PA, dt. 23-02-2000 implementing the increase of the starting salary of Majors from 11600/- to 11925/- . 

When the initial pay itself had been changed to Rs 11925 the pay scale of Majors should have been changed to Rs 11925 – 325 – 15175.

Note:

{The earlier 5CPC scale of Pay of Majors: 11600-325-14850 on which in service Majors and Retirees had been paid till promotion to next rank.

The revised 5CPC scale of pay of Majors: 11925-325-15175 on which in service Majors and Retirees should have been fixed and paid in the rank of Majors/till promotion to the next rank}

 

ANOMALY CREATED BY GOI LETTER OF 29 FEB 2000

 

Whereas the GoI vide authority vested in it, communicated acceptance of the 5CPC anomaly of the pay scale of majors, and, accorded approval to implement the increased starting salary for Majors, the MoD letter, of its own volition, made this increased pay scale, effective from the date on which the Under Secretary of the MoD signed the letter, viz, 29 Feb 2000. (This is in violation of the HSC adjudication on the effective date of implementing the recommendations of any Pay Commission)

I.                    With the effective date of 29 Feb 2000, for the higher starting salary scale for Majors, being implemented all those who wereIN SERVICE as Substantive Majors before or after 1 Jan 1996 (the date from which the 5CPC is effective) till 29 Feb 2000, were not granted the higher starting scale. Some in fact were not paid the higher salary even after 29 Feb 2000. Some may have received arrears later. This is known only to each individual Veteran officer

II.                  Further, that many of the eligible and affected officers, in fact, RETIRED FROM SERVICE,  without having been granted the benefit of the increased pay scale as approved by the GoI i.e., higher starting scale for majors,even after 29 Feb 2000.

III.               On the other hand, many Majors who were fortunate to be eligible for the higher starting scale after 29 Feb 2000, were denied the benefit of their increments or arrears as their basic pay was not enhanced from Rs 11600 to Rs 11925, on the basis that, such Majors were already drawing more than the minimum starting pay of Majors (that is more than 11925/- ) and hence they were not be paid any additional amount as pay as per the revised/increased pay scale. In relying on this interpretation of the MoD letter of 29 Feb 2000, the pay offices of respective Services conveniently addressed ONLY the starting salary, whereas the GoI approval was granted for the ENTIRE SCALE OF PAY, (to equate it with the one on the civil side), starting 11925-325-15175. In other words, for every Major whose increments were included in the formula for fixing the salary under 5CPC at each stage of the pay scale, lost out on an amount equal to 325/- + Dearness Allowance per month from Jan 1996 to 29 Feb 2000 (or even after that date).in basic salary. Therefore, say, a Major who had earned 10 increments, remained at the max of 14850/- instead of 15175/-

IV.                  The GoI while issuing the letter, made enhanced initial pay of Majors of Rs 11925  effective from date of issue of their letter which is 29 Feb 2000. Knowing fully well thebenefit of any anomaly has to flow from date of commencement of 5th CPC i.e. 1st Jan 1996, just by making the date of implementation from date of issue of letter, the GoI deprived arrears from Jan 1996 to 29 Feb 2000. The law of land as enunciated by various courts of law is that benefit should have accrued to the Majors from 1st Jan 1996. This has been clarified by AFT Delhi in their judgment in OA 138/2013 in Lt Cdr BR Sharma Vs Union of India.
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The above anomaly is sought to be rectified through a case proposed to be filed at the AFT, PB, Delhi.

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