Re -Fixation of Pay to the affected Officers of Armed Forces without deduction of Rank Pay with effect from 01.01.1986
In compliance of the Supreme Court order dated 4.9.2012, Ministry of Defence has decided to refix the pay without deduction of rank pay w.e.f. 1.1.1986 in respect of the affected officers of the armed forces in conformity with the orders of the Kerala High Court order dated 5.10.1998 in the case of Maj A.K.Dhanapalan versus Union of India & others.
No. 34(6)/2012-D(Pay/Services)
Government of India
Ministry of Defence
New Delhi, the 26th November, 2012
To
The Chief of Army Staff The Chief of Air Staff The Chief of Naval Staff
Subject: Implementation of Supreme Court order dated 4.9.2012 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,etc.
Sir,
In compliance of the Supreme Court order dated 4.9.2012 on the above subject. I am directed to convey that the Government of India has decided to refix the pay without deduction of rank pay w.e.f. 1.1.1986 in respect of the affected officers of the armed forces in conformity with the orders of the Kerala High Court order dated 5.10.1998 in the case of Maj A.K.Dhanapalan versus Union of India & others.
2. Instructions regarding the modalities and methodology of payment to the affected officers of the armed forces and the provisioning of funds for the same are being issued separately in consultation with Service Hqrs, CGDA, Defence (Finance) and Ministry of Finance.
3. This issues with the concurrence of Ministry of Defence (Finance) vide their Dy. No.5554/FA/DS dated 23.11.2012.
Yours faithfully,
Sd/-
(Praveen Kumar)
Director (AG.I)
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Letter of MOD is reproduced as;-
560/43/TA-(a)/03/00/S(GS-1)
Government of India,
Ministry of Defense,
New Delhi, the 7th Jan 1994
To
The Chief Secretary to
All State Governments/Union Territories .
Subject: Concession & Incentives sanctioned by State
Governments to Territorial Army personnel.
Sir,
This refers to Ministry of Defense letter No.47560/GS/TA/-3(a)/306-B/D(GS-VI) dated 19th February 1985 and letter of even number dated 8th September 1992 on the incentives by State Governments to Territorial Army personnel.
2. Most State Governments have instituted some cash awards/grants for the winners of Territorial Army decorations/Medals. However, these awards were instituted a long time back and have been rendered insignificant by inflation. In many States, this reward is limited to Rs.2500/1500 only. It is requested that this may be revised to a minimum of Rs.5000/- for TA decorations and Rs.3000/- for TA medals. Some State Governments have already made the revision.
3 Government of India had also recommended that the facilities listed below may be considered for Territorial Army personnel. These incentives were listed by a committee which was set up to go into the Territorial Army and are already being given by most State Governments :-
(a ) Grant of 01 increment for every 03 years Territorial Army service, as is being given by the Government of Uttar Pradesh.
(b) Counting of Territorial Army embodied service for purposes of seniority, promotion and other considerations to those entering civil services.
(c) Exemption of Road tax on vehicles owned by Territorial Army personnel as is being given by west Bengal Government.
Yours faithfully,
Sd/xxxx-
(S.K. JAIN)
Joint Secretary (G).