It is a reason to cheer for the Armed Forces as Maj A.K.Dhanapalan has been able to achieve the same by getting the order from Court related to Fixation of Pay to Officers of Armed Forces without deduction of Rank Pay with effect from 01.01.1986. This was a simple anomaly which should have been resolved at IV Pay commission time as Basic Pay of any individual can never be reduced and Army should have had fought tooth and nail to get it rectified at that time only. However all credit goes to Maj A.K.Dhanapalan who despite getting stiff resistance from the system fought the case individually and all army officers are going to be benefitted with the order.
Now based on Kerala High Court Order dated 05.10.1998, Ministry of Defence has ordered that 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 & other should be given revised pay without deduction of rank with effect from 01.01.1986
Government of India
Ministry of Defence
New Delhi, the 26th November, 2012
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.
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.
Who says one can not move mountains as Maj A.K.Dhanapalan case against the Govt of India shows that if one has a will, one can achieve the same. We Salute You for having fought the case on your own and bypassing the redtapism. Not to forget the RTI bill helped him a lot as he could got a lot of inputs by using RTI which could otherwise would not have had been made available for him. For RTI we thanks Anna Hazare. So, we see that seeds are sown by some and benefit is taken by the whole humanity. So; keep on doing job with good intention and your good work will never go waste.