One Man Army - Col Ranbir Lamba

..... GREAT. SABB GOL MAAL HAI, BHAI SABB GOL MAAL HAI.

 ABOLITION OF RANK PAY IN 6th CPC WITHOUT ANY LOGIC & VIOLATION OF ARTICLE 18 OF CONSTITUTION

RESPECTED SIR

 

1] KINDLY SEE RAK PAY MoD LETTER NO: 34(10/2013/D (Pay/Services) DATED  24 JULY,2014. APPENDED BELOW.

 

2] BABUS HAVE PLAYED A GAME AGAIN & FOOLED EVERYONE AND DEGRADED FORCES FURTHER

RANK PAY  HAS BEEN ABOLISHED BY BABUS IN MoD LETTER WITH JUST STROKE OF PEN WITHOUT EVEN ANY  LOGICAL THINKING OR VISION.

 

MOREOVER BABUS HAVE CHALLENGED THE POWERS OF ARTICLE 18 OF CONSTITUTION AS NOW THERE IS NO RANK PAY [ BUT  RANK WHICH BASIS OF STRUCTUE OF FORCES WILL FACE HAMMER IN ANTE SE SENIORITY WHICH WILL ADD TO FURTHER DEGRADATION ]

 

THE RANK REMAINS WITH OFFIECR EVEN AFTER HIS DEATH AS PER ARTICLE 18 OF CONSTITUTION ,THE HOW CAN BABUS VIOLATE EVEN CONSTITUTION.

 

3] OUR SERVICE HQ CANNOT PIN POINT  EVEN  THIS SIMPLE  LUCANA [ THREE SERVICES HAVE SEPRATE PAY COMMISION  UNDER MAJ GEN RANK & THUS HAVE NOT TAKEN UP THE CASE WITH MoD & STTOPED DOWNGRADATION EVEN IN 6^th CPC.

 

4] BABUS HAVE COOLY ABOLISHED RANK PAY IN 7^th CPC &

BY MENTIONIG THAT MSP HAS BEEN GIVEN IN LIEU  WHICH IS TOTALLY WRONG .

A] MSP  IS UNIFORM TO ALL DUE TO HARDSHIPS OVER AND ABOVE CIVILLIANS . SECONDLY MSP IS NOT EFFECTIVE FROM  1/1/2006 THE DATE OF 6^TH CPC

B] MSP IS EFFECTIVE FROM  SEP 2008 HENCE IT HAS NO LINK WITH EVEN RANK PAY AS PROJECTED BY BABUS,

 

C] RANK  PAY REMOVAL wef 1/1/2006  IS UNJUSTIFIED & UN CONSTITUTIONAL

 

THUS MSP IS DIFFERENT THAN RANK PAY,

 

6] RANK PAY MULTIPLE BE APPLIED AS PER 6^tH CPC AND BE

PAID TO ALL SERVING & RETIRED wef 1/1/2006 WITH ARREARS OF 9%,

IT WILL BE BETTER IF SERVICE HQ CAN TAKE UP

THROUGH CHANNEL & LEGAL CHANNEL FOR RESTORATION AND FIXATION OF RANK  PAY AS PER MULTIPLE OF 6^th CPC ALONG WITH DA CASE

 

IT BECOMES ONE MORE CASE OF PARTIALLY SOLVED RANK PAY CASE

 

 

 

COMMENTS ON PARA 6 {C] OF MOD LETTER APPENDED BELOW

 

 What the Para 3 (g) & (h) SAI No. 2/S/2008 states:

 

(1)     “Military Service Pay (MSP)’ is as defined in the Entry at S No. 2 in Annexure-2 Part-A of the Government of India Resolution No. 1(30)/2008/D(Pay/Services) dated 30.08.2008 published in the Gazette of India Extraordinary Part I Section II vide SRO 1(E) dated 30.08.2008 (hereinafter called Resolution). MSP will be treated as pay for all purposes except for computation of increments and determination of status. The financial benefit of MSP will be admissible from 01.09.2008. It will not count for fixation of pay at the time of promotion except in the case of promotion from Brigadier to Major General (emphasis supplied).

 

(2) “Basic Pay” in the revised pay structure means the sum of pay in Pay Band and the grade pay applicable, but does not include any other type of pay like special pay etc…. ”   

 

 [3] Basic Differences between Rank Pay and Military Service Pay

 

(i)                Rank Pay was fixed on 1.1.1986 and re-fixed on 1.1.1996. Arrears were paid from those dates.

(ii)            Rank Pay is something which has been given to the Army Officers in addition the existing pay scales

     [iii] The Army officers are entitled to rank pay. Para 28.13. of the Pay Commission report, We also recommend that, in addition to pay in the integrated scale, the rank pays may be given to officers in the Army and their equivalents in the other services……..

 

Thus, rank pay, is in addition to the pay that was getting. This recommendation has been accepted, and the Government issued orders

 

(iv]Thus, the rank pay as per the order accepting pay revision is in addition to the existing pay.

[v] While formulating the principles for pay fixation in case of those who are enjoying special pay, that element also has been directed to be reckoned for the purposes of pay fixation. In case of Army Officers, it was ordered as follows: -

 

In Chapter 30, we have recommended the method of fixation of pay in proposed scales for civilian employees, we recommend the same method may be adopted for fixation of pay of armed force personnel, also. Since rank pay is a separate element for officer’s upto the rank of Brigadier and equivalent, the same may be taken into account, while fixing pay in the integrated scale of pay recommended by us.

 

Thus it is clear that for Civilian officers, there is no rank pay. But for Army officers, there is rank pay admittedly as mentioned above. Necessarily, when the principles as mentioned above applies to Army officers, the rank pay shall also be added to substantive pay.

 

 

v

The rank never retires, the officer does, the Army has issued instructions that aim to immortalize the rank.

The circular, issued on July 21 by the Army has informed all the officers, "the correct form of mentioning Retd is Brigadier ABC (Retd) not Brig (Retd) ABC".

 

The Army officers are entitled to retain their rank before their name by virtue of Article 18 of the Constitution, according to which the military ranks can be retained and used by the military personnel with their name.

 

rank earned remains even after death,, a unique respect... 1[ the army officer are commissioned officers & other are just officers 2] commission papers are given to officer signed by president , others do not get 3] rank entitles you to get salute ,, other officer do not get salute 4] each officer has parchment paper signed by president ,,others do not have 5] army officer identity cards is unique in its kind & is even entitles to president place 6] army officers are closet to president in national & international forum .. no other officer has that liberty & so on

 

 [ii]Military Service Pay was made applicable only from 01.09.2008 .

 

[iii] Grade Pay though Pay in the Pay Band and Grade Pay were paid from 01.01.2006.

 

(4)     If MSP replaced Rank Pay then it should have formed part of Basic pay but the definition at Para 3 (h) of the SAI No. 2/S/2008 excludes MSP.

 

(i)      MSP is not included in the calculations for increments because it is not part of Rank Pay.

 

(iii)            MSP is not reckoned for promotion because it is of a single rate for officers of the Armed Forces up to the rank of Brigadier.

[iv] Grant of Military Service Pay.The Commission has taken adequate care while devising the Military Service Pay to ensure that not only the element of edge over civilian pay scales currently enjoyed by the Defence Forces is maintained but also that the genuine aspirations of the Defence Forces officers are met

 

MSP :THE QUESTION OF GRANT OF MSP CANNOT BE LINKED WITH FIXATION RANK OF PAY

A’] FIRSTLY RAK PAY IS DIFFERENT FOR DIFFERENT RANKS  B] BUT MSP IS UNIFORM AND  AS IT IS NOT AS PER DIFFERENT RANKS, BUT AS PER HARD SHIP OF JOB.MORE OVER IT HAS  BEEN GRANTED FROM 1/09/2008 & NOT FROM1/01/2006  i.e THE DATE OF COMMENCEMENT OF 6^th CPC.

 

[v] MSP will be treated as pay for all purposes except for computation of increments and determination of status. The financial benefit of MSP will be admissible from 01.09.2008. It will not count for fixation of pay at the time of promotion

[vi]If MSP replaced Rank Pay then it should have formed part of Basic pay but the definition at Para 3 (h) of the SAI No. 2/S/2008 excludes MSP.

[ii].    MSP is not included in the calculations for increments because it is not part of Rank Pay.

 

[iii].   MSP is not reckoned for promotion because it is of a single rate for officers of the Armed Forces up to the rank of Brigadier

 

 5] THE QUESTION OF RANK PAY DEDUCTION DOES NOT ARISE AT ALL IN 6^th CPC  AS RANK PAY HAS NOT BEEN GIVEN . MOREOVER IT IS NOT  ONLY  INCORRECT BUT ALSO UNCONSTITUTIONAL AND AGAIST THE SPIRIT OF ARTICLE 18 OF CONSTITUTION AS RANK HAS BEEN ABOLISHED[ AS NO RANK PAY AND IT HAS BEEN ABOILSHED WITH A STROKE OF PEN WITHOUT  ANY VISION & LOGIC ]

 

THE RANK PAY MULTIPLE 1.86/ 2.2 OF Vth CPC IS STILL DUE AND SHOULD TO BE ADDED IN 6th CPC. WEF 1/01/2006.

KINDLY RE-FIX RANK PAY & DA OF 6^th CPC & KINDLY PAY ALONG WITH INTEREST AT BAK RATE.

 

6] GRADE PAY ;THE QUESTION OF GRADE PAY HAS NO CONCERN WITH THIS  AS IT IS ALSO BEING PAID TO CIV.MOREOVER IT HAS NO LINK WITH RANK PAY AT ALL.

 

KINDLY NOTE NOW ARMY OFFICER ARE BEING PAID LOWER GRADE PAY, AND EVEN HAVE VIOLATED ACTUAL WARRANT OF PRECEDENCE. A VIOLATION TO ARTICLE OF CONSTITUTION. A SERIOUS MATTER OF CONCERN.

 

DIG WAS LOWER THAN Lt Col IN IVth CPC, BUT IN 6th CPC HE HAS BEEN PLACED IN GRADE PAY 8900 WHILE AS PER ACTUAL WARRANT OF PRECEDENCE IS JUNIOR TO A COLONEL.

Actual Warrant of Precedence

 

  i] Actual Warrant of Precedence

 

33. Colonels / Accountants General / Chief Conservator of Forests / Chief Engineers / Inspectors General of Prisons / Members of IC

ii]Actual Warrant of Precedence

 

.. 37. DIG of Police

DIG POLICE IS JUNIOR TO COLONEL BUT IS GETTING

THUS COL/ BRIG HAVE BEEN DEGRADED FURTHER

BECAUSE ARMY HAS BEEN DENIED NFU STATUS.

 

7.NFU STATUS WHICH IS DUE  SHOULD HAVE BEEN GRANTED & INCLUDED IN THIS LETTER,COL/ BRIG ARE REQUIRED  TO BE PLACED ABOVE  SUPER TIME SCALE . WITH GRADE PAY OF 12000/

 

BECAUSE ALL TIME SCALE CIVILIAN GET PENSION OF

Lt GEN THEN HOW CAN SELECTION GRADE COL/ BRIG CAN BE PLACED UNDER JUNIOR DIG / ANY TIME SCALE OFFICER

 

 8] KINDLY CORRECT THE ABOVE LETTER & INCORPORATE RANK PAY MULTIPLE & NFU STATUS, TO AVOID ANOTHER LEGAL BATTLE.  KINDLY DO NOT PUT ARMY MORALE IN BOOTS [A HALF WORK HAS BEEN DONE ON RANK PAY & NOW COOLY PUBLISH 6th CPC RE-FIXATION OF PAY]

 

NON GRANT OF NFU STATUS WILL HAVE WORST DEMORALISING FACTOR ON SERVING & RETIRED,

 

 IF COL IS DEMORALISED THEN NO ARMY CAN WIN IN THE WORLD. HE IS BIG MOTIVATOR TO TROOPS.

MOREOVER PM MODI JI WANT TO GIVE INCENTIVE FOR BETTER PERFORMNCE & HERE COL [SELECTION] IS BEING GIVEN DE-INCENTIVE,

LOW MORAL OF COMMANDER CAN NEVER BOOST MORAL OF HIS TROOPS.SIR  BULK OF OFFICER RETIRE BELOW THIS RANK & ASPIRE FOR THIS COL RANK, WHEN G] IF NO INCENTIVE EXISTS FOR BATTLE COMMANDER OF TROOPS THEN NO ARMY IN  WORLD CAN FIGHT EFFECTIVELY BATTLE & THE LOOSING IS ALMOST SURE.

 

WITH BEST WISHES & WARM REGARDS

 

COL LAMBA[ ONE MAN ARMY]

 

 

 

RANK PAY LATEST LETTER
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 Humble 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

B] Below is Para 5 of SAI 2/S/98: -
5. Fixation of Initial Pay in the revised scale will be regulated as under :-
(a) (I) An amount representing 40% of the basic pay including stagnation
increments, if any, and rank pay wherever applicable in the pre-revised scale, shall be added to the “emoluments” of the officer.

(ii) After the existing emoluments have been so increased, an amount
equivalent to the rank pay, if any, appropriate to the rank held by the officer on 1.1.96 at the rates prescribed in Para 3(a)(ii) above shall be deducted.

Thereafter the officer’s pay will be fixed in the revised scale at the stage next above the amount thus computed.

The draft aimed at revising the above parts of sub paras, (a) and other parts of (d) and (e) of Para 5 of SAI 2/S/98.
But the final letter, thankfully did not amend Para 5 except, deleting a large part of Para 5(a)(ii).Amending Para 5 of 2/S/98 would have drastically reduced the existing and therefore the computed revised emoluments in 2/S/98.

(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,

 

 

ARTICLE 18 OF CONSTITUTION

Rank never retires, officer does: Army

Ajay Sura

 

,TNN | Aug 3, 2014, 01.04 PM IST

CHANDIGARH: Long after an officer retires, or even expires, he is still known by his rank.

Supporting the view that 'the rank never retires, the officer does, the Army has issued instructions that aim to immortalize the rank.

With a view to remove any confusion among the retired Army personnel regarding the use of word 'retired', the Army headquarters has clarified that instead of prefixing the word 'Retd.' to an officer's name, now his address would have the suffix 'Retd.'

"Of late it has been observed that retired officers are mentioning the word 'Retd' after their rank which is incorrect. Ranks of service officers are granted by the President of India and valid not only during their lifetime but also after their demise. The privilege is only given to service officers," read the circular issued by the directorate general of staff duties department of Army General Service (GS) branch.

The circular, issued on July 21 by the Army has informed all the officers, "the correct form of mentioning Retd is Brigadier ABC (Retd) not Brig (Retd) ABC".

The letter issued by Colonel J S Bindra, director staff duties-I on behalf of deputy chief of Army staff has been issued for circulation on the places, which are largely visited by the ex-servicemen so that they can start the new practice.


The Army officers are entitled to retain their rank before their name by virtue of Article 18 of the Constitution, according to which the military ranks can be retained and used by the military personnel with their name.

According to veteran soldiers, it is for the first time that the Army authorities have issued such ccircular regarding the usage of the word 'retired'.

War veteran and one of the founders of Army's special forces, Col K D Pathak (Retd) said that circular would certainly remove confusion among the veterans. "Rank never retires, it is an officer that retires. The army should have issued such circulars much earlier," says the veteran soldier.

Former commander of Army's Northern and Central commands, Lt Gen H S Panag (Retd) said that it was a contentious issue among the retired officer about the proper way of using the work retired and circular would certainly remove the confusion.

However, eminent veteran and former Army Commander Western Command, Lt Gen P N Hoon (Retd) is of the view that the word retired should not be used by the officers either prefix or suffix.

"Rank is earned by an officer .

 

 

 

--

COL LAMBA[ONE MAN ARMY]

ranbirlamba@gmail.com 
[Tri Services India] 5 October 2015 at 09:42