The petitioner was enrolled in the Indian Army on 30.9.1979 and discharged on 31.3.1997. At the time of his discharge, he was in the pay scale of Rs. 2975-70-4025 in the rank of Naik in Group E. The pay scale of the petitioner was accordingly fixed @ 2975-70-4025 w.e.f. 1.1.1996 and his retiral benefits were calculated accordingly. Later the Govt. constituted a committee for the removal of certain anomalies arising from the implementation of the revised pay scales in view of the 5th Central Pay Commission. The matter was referred to the Anomalies Committee and on the basis of the Anomalies Committee report the pay scale of this category was fixed @ Rs. 3150-70-4200. Thereafter, the Army issued various special instructions regarding the implementation of the decision of the Govt. as communicated vide letter dated 21.11.1997. Based upon the Anomalies Committee report as also the instructions, the petitioner raised a demand for grant of pay scale of Rs. 3150-70-4200 w.e.f. 10.10.1997. However, the claim of the petitioner has been rejected vide letter dated 24.7.2009. It is against this order that the petitioner has filed the present petition.
