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GoI Letter Reg Rank Pay

This document is a letter from the Government of India modifying provisions around rank pay for military personnel in compliance with a legal opinion. It details changes to allowances such as fixing pay from 1986 onward without deducting rank pay and ensuring the same for revisions in 1996 and 2006. Two issues around minimum pay for each rank and the top pay scale remain for the Supreme Court's consideration.

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80 views

GoI Letter Reg Rank Pay

This document is a letter from the Government of India modifying provisions around rank pay for military personnel in compliance with a legal opinion. It details changes to allowances such as fixing pay from 1986 onward without deducting rank pay and ensuring the same for revisions in 1996 and 2006. Two issues around minimum pay for each rank and the top pay scale remain for the Supreme Court's consideration.

Uploaded by

maharajsaini4229
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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GoI Letter - Rank Pay 2

Here is the true typed copy of Rank Pay letter dated 24 Jul 14
second instalment in compliance with the opinion dated 03 Sep
13 of the Attorney General for India has been issued.

Two more issues remain - minimum of pay for each rank and the
top of the integrated pay scale for consideration of the Hon'ble
Supreme Court.


34(10/2013/D (Pay/Services)
Government of India
Ministry of Defence

New Delhi, Dated the 24
th
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 Honble Supreme Court Order dt 4
th
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 27
th
December 2012 regarding implementation of subject
Order of the Honble 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 Ministrys
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 19
th

December 1997 and the corresponding Special Instructions pertaining to Navy
and Air Force both bearing Nos. 2/S/1998 dated 19
th
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 officers 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 4
th
and 5
th
Central Pay Commission.

(v) Existing para 8 will be replaced with the following:

8. As the aforesaid Order of the Honble Supreme Court passed on 04.09.2012
read with their earlier order dated 08.03.2010 has upheld the order of the
Honble Kerala High Court passed on 05.10.1998 in case of Major A K
Dhanapalan and as the said order of the Honble 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 6
th
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,
Sd/-----------
--
(P.S. Walia
Under Secretary to the Government of India

Copy to:

List of addressees omitted

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