The Crux of the problem of 6th CPC Award for Defence Forces.

Brig(Retd) K.G.Behl

President Dehradun Ex-Services League

09411101130

1. The Fourth Pay Commission granted Military Pay, called Rank Pay from
1.1.1986, which was to be over and above the normal Pay but our financial Pundits
gave the Rank Pay but reduced the Substantive Pay of the Rank by an amount
equivalent to Rank Pay granted. It not only nullified the affect of giving Rank
Pay over and above the normal Pay, but lowered the substantive Pay by that much of
amount. It amounted to not only getting less emoluments but losing the allowances
which accrued on that amount.

2. The Fifth Pay Commission doubled the Rank Pay and as a result our substantive
Pay was reduced by double the amount and accordingly we lost, not only double the
amount as Pay but lost the benefit of getting more TA/DA on that amount.

3. The sixth Pay Commission has now recommended Rs. 1000/- to PBOR and Rs.6000/-
to officers as Military Pay. If the same system is applied as they did for 4th and
5thCPC, our Substantive Pay will automatically go down by the same amount and
instead of getting extra money we will be losing that much of amount from our
emoluments and in addition TA/DA and other benefits will get reduced.

4. The 6th CPC has sanctioned scales and grade Pay taking into account the
earlier substantive Pay being paid as on 1.1.2006, which as explained above is
less equivalent to the Rank Pay. When the ‘Basic Pay’ is less all the benefits
accruing on that are bound to be less accordingly and that is what has happened in
6th CPC report, which has lowered the status of Defence officers by putting them
in lower scales and granting less ‘Grade Pay’ which works out a couple of thousand
rupees lower than their civilian counterparts. It speaks of the injustice done
and needs immediate restoration right from 1.1.1986 0nwards depending on the
reductions made as per the rank held from time to time during the period. Our
veteran Expert on the subject Col K.L.Dewan has worked out in detail 18 such
anomalies found in the 6th CPC recommendations which glaringly show as to how and
how much lowering of scales, status and emoluments has been done at different
levels. Details of the anomalies have been sent to the all concerned.

5. The Military Pay should be over and above the normal Pay and allowances and
should be added to the basic Pay and not reduced. Moreover it should be graded as
per rank and be given to all ranks right up to chiefs from Rs. 2000/- to 10,000/-
and not as recommended.

What a way of doing justice. You give with one hand and take
away more than that from the other. The Basic Pay reduced from 1.1.1986 be
restored and arrears be paid to bring Justice and honour, not only to the Defence
Forces but to the Courts Orders as well and avoid contempt of Court.

6. This reduction in Substantive Pay has been upheld as wrong by Hon'ble High
Court of Kerala in their judgment dated 5.10.1998, and confirmed in their
judgment on 04 Jul 2003 on Review Appeal 518 of 1999. The SLP moved by the Govt.
in the Hon’ble Supreme Court of India, against this Kerala High Court judgment has
also been turned down, being time barred. This reduction in Pay needs to be
restored immediately as it forms the very base on which further developments are
to take place.

7. The Min of Def. in compliance of the Hon'ble High Court Order, has revised
the Pay of the Officer Petitioner(Maj Dhanmapalan) and paid him the arrears of Rs.
28,031/- but have not amended Para 6 of MOD Instruction of 26.5.87, which the
hon;ble Court has held as inadmissible in law and the said Para 6 stands annulled
and invalid. Had they amended it every one affected would have got their basic pay
deduction restored. Actually not amending it amounts to contempt of Court. The MOD
are not prepared to pay arrears to other officers under similar circumstances to
rectify their mistakes, though there are Supreme Court orders and other precedents
where such mistakes noticed later have been rectified and differences either paid
or recovered without reference to any court of law. In such cases persons having
similar cases should not be made to go to courts and the concerned Departments
should settle the cases accordingly at their own.

8. Some legal professionals have prompted certain retired officers to go to

different high courts and Hon’ble Supreme Court to demand arrears of Pay due to
wrong deductions done on the basis of the above Hon’ble Kerala High Court
judgment. The Supreme Court has asked all high Courts to transfer such cases to
their Court to enable them to give same judgment in all similar cases. But it
should be remembered that they have not gone to courts to challenge the judgment
of the Kerala High Court, which stands and needs to implemented in other similar
cases automatically. As such to call it ‘Sub-Judice’ is a misnomer. MOD can
rectify the mistakes and pay to all affected officers at their own and need no
directions from the Supreme Court, which has already endorsed the Kerala High
Court judgment by turning down their SLP.

Do you want that the amount of Military Pay recommended by

the 6th CPC be deducted from your basic Pay as was done to 4th and 5th Pay
Commission Military Pay recommendations? It was given only on paper but not
actually.

9. The anomalies in integrated Pay fixation and stagnating career progression were
reviewed by Ajai Vikram Singh committee and recommended years of service for
promotion up to Brigadier and increase in cadre strength of Major General and
above. The 6th CPC has not taken any action to bring parity of status in civil and
Defence as recommended there in. It can be brought out now.

10. Secondly, the Pay Scale given to a our PBOR are far less than the duties
assigned to them. You cannot compare persons who work in peace areas and do minor
duties in offices with a jawan who works day and night in difficult conditions and
tough terrain away from their families, always ready to fight the enemy at the
stake of their life. Even in peace they are called to help in natural calamities,
riots, floods, droughts etc. He keeps on improving his knowledge and experience
and becomes more than skilled workers but their Pay scale are kept much lower than
their civilian counter parts. Why not raise their pay scales as per their
professional skill, knowledge and experience and above all their devotion and
dedication. They should be put in a better scale.

11. One Rank one Pay - 6th CPC has not touched upon this issue except removing
33 years of service for getting full pension but it does not serve the purpose as
they have not talked of modified parity in pension of past and future pensioners
as done by the 5th CPC. .

Let us hope all concerned officials, especially members of the

committee appointed by the Hon’ble Defence Minister, realize the problems as
stated above, of Defence personnel and a concerted effort is made to get the
defects rectified for the good of the Armed Forces and the Country.