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Ministry sanction not needed for paying arrears: Officers Tribune News Service
Lt Gen Harwant Singh
Chandigarh, February 18
Reacting to Defence Secretary Shekhar Dutt's statement that the Defence Ministry has recommended to the Ministry of Finance to release arrears arising out of Fourth Pay Commission (FPC) anomalies, some military officers have contended that the Finance Ministry's sanction is not required in this matter.
The order for implementation of the pay panel's recommendations was issued by the Defence Ministry through Special Army Instruction 1/S/87 (SAI) and not by the Ministry of Personnel as was in the case of other government establishments.
Under government regulations, the ministry has the authority to amend its own orders, officers familiar with procedures and legal issues claimed.
"Since the Defence Ministry, by recommending that arrears be paid, has accepted that a mistake was committed in the fixation of pay, all that needs to be done is amend the instructions," Col S.K. Aggarwal (retd), a former Judge Advocate- General officer, said. "If a single sentence in this order is corrected, the issue would be sorted out," he added.
He has also written to the President and the Prime Minister this month, urging them to ensure that officers affected get their dues.
What apparently happened, officers said, was a "drafting defect" in the orders which resulted in fixation of pay at scales lower that those recommended by the Pay Commission.
Para 3 of the SAI stated that officers from second lieutenant to brigadier would get an integrated pay scale of Rs 2300-5100 and in addition to basic pay, rank pay from captain to brigadier was admissible.
Further Para 6 (a)(i) said that for officers who were already in service as on January 1986, their pay was to be re-fixed by adding 20 per cent of the existing emoluments.
Officers here reveal that Para 6 (a)(ii) of the SAI, however, stated that after the existing amendments have been so increased, an amount equivalent to the rank pay held by the officers would be deducted.
Thereafter, the officers' pay would be fixed in the revised scale at the stage next above the amount thus computed.
It is the first sentence of this paragraph which is faulty as it is in direct contradiction with other provisions contained in the SAI, including revision of basic pay and grant of rank pay, officers said.
Pay and allowances of armed forces personnel are drawn from the Defence Budget and not through any other means. "Hence, the Defence Ministry need not seek additional funds from the Finance Ministry for paying out arrears," a senior officer here said. "In case funds are not available with the Defence Ministry, it should cater to this expenditure in the next budget," he added.