After protracted legal struggle, despite remorseless appeals by the MOD, the high court, in a landmark decision, declares 'rank-pay' deductions from basic-pay illegal.
[3] Even after the 'rank-pay' deductions from basic-pay are held to be illegal by the highest court, the MOD continues its efforts to reconfigure military ranks: in 2006, after 6CPC, the new 'grade pay' is configured to achieve the intent of the rank-pay, triggering a storm of protest; and again, in 2016, after 7CPC, the BJP Government, implements differentiated pay matrix-es for the defence-civilians, police, and others, and the armed forces, the underling intent of which is the same as the introduction 'rank-pay' by the congress government, in 1986.
[10] The BJP, despite its public protestations, has lent support to embedded legacy of the Rank-Pay, by deciding in favor of what have been called biased and discriminatory pay scales by the armed forces headquarters, and the Chiefs of the three services.
[3] February 1996 Major (retd) Dhanapalan, who took premature retirement in 1997, files petition in the High Court of Kerala, challenging his "re-fixation of pay' following the implementation of 4CPC by MoD.
2/S/1998 (and corresponding special instructions for the Navy and Air Force) on incorporating the impugned formula of 4CPC for re-fixation, recommended by the 5th CPC, which had submitted its report in September 1997.
While conceding that it acted wrongly in the case of Major Dhanapalan, opposes extending the benefits to other similarly affected officers, compelling them, and the many widows, to go to court at their own cost, to seek their dues.
[citation needed] 8 March 2010 Supreme Court of India rules in favour of all the Armed Forces officers eligible to be paid Rank Pay.
Instead of implementing the Supreme court ruling, MoD files an "Interlocutory Application" praying to the Supreme Court to "recall, re-hear, modify," its order of 8 March 2010, "utilising recommendations of a High Powered Committee (HPC) comprising Pradeep Kumar (IAS), then Defence Secretary, Secretary Defence (Finance), and Secretary Expenditure to impress upon the Court that it would entail an expenditure of Rs 1623.71 crores if the order was implemented as it would lead to re-fixation of emoluments of Armed Forces officers for the periods of 4th, 5th and 6th CPC.
[citation needed] 17 October 2012 Rohinton F Nariman, Solicitor General of India, advises the MOD to implement the Court’s order dated 4 September 2012 in letter and spirit.