AR Naik Subedar serves legal notice to top officers against deprivation of pay, allowance

IMPHAL, May 22: In an unprecedented manner, a Naik Subedar of 30 Assam Rifles has served a legal notice to five high ranking officers including Secretary of Ministry of Home Affairs (MHA), Government of India today against deprivation of pay and allowance to be given according to rank and seniority.

The Naik Subedar has been identified as Ramesh Chand (JC No 3000449), 53 son of Late Uadho Ram Sharma from Didwin village in Hamirpur District, Himachal Pradesh.

The legal notice was served by BP Sahu, advocate of Supreme Court and High Courts as counsel of the AR personnel.

The four other officers have been identified as Ramesh Kumar Rana, Director of Assam Rifles, Shillong; Vedpal Yadav, ex-CO of 30 AR; Roshan Verma, Commandant of 30 AR and Chandal Kharyal, Major of 30 AR.

In the legal notice to the five officers, advocate BP Sahu said, `My client who was serving as Hav/GD No G/30004492 was promoted to the rank of Nb/Sub (GD) with retrospective effect from 01.12.2004 in the scale of pay of Rs 5500-175-9000 per month.`

It further said `the pay and allowance of my client as on 01.12.2004 was fixed at Rs 5675 by granting one increment and by indicating the next date of increment December 1, 2005. The said order was issued in pursuance of the HQ/DGAR order No 1.19012/30AR/0002/2012 dated 21.02.2012.`

It further explained that , in pursuance of the order, `the pay and allowance of my client have to be calculated and prepared as indicated in the said order by fixing his pay and allowance at Rs 5675 as on 01.12.2004 and his pay and allowance have also to be prepared in the said scale of pay with dearness allowances as well as other allowances granted by the Government from time to time.`

The notice went to say that `the pay and allowances of my client was also fixed vide order dated 22.09.2012 in pursuance of CCS (Revised Pay) Rules, 2008 wef 25.06.2011 in the pay band 2 ie Rs 9300-34800 plus grade pay of Rs 4600 per month.`

It also said `the pay and allowances of my client was fixed at Rs 19,140 wef 01.07.2012 in the pay band 2 ie Rs 9300-34800 plus grade pay of Rs 4600 per month by fixing his DNI on 01.07.2013. In view of the said order, my client has been drawing his pay and allowances as prescribed by the CCS (Revised Pay) Rules, 2008.`

It said that, it has been informed that though `my client is entitled to the arrear pay and allowances for the post of NB/Sub (GD) in view of the aforestated orders with retrospective effect from 01.12.2004 and from the date of commencement of CCS (Revised Pay) Rules, 2008, the authorities concerned including you failed to prepare the arrear pay and allowances of my client, drawn and credited the same to the account and crediting the arrear pay and allowances of my client his pay and allowances have been reduced without assigning any reason. Thus, inaction on your part cannot be justified under any circumstances.`

The notice further warned the AR authorities `to prepare, draw and credit the arrear pay and allowances of my client wef 01.12.2004 in view of the above referred orders` giving them one month to do so, failing which the matter would be taken to the appropriate forum to have actions initiated against them for contempt of the above referred orders of the relevant courts.