This decision disposes the present writ petition by relying on the outcome of CWP No. 15400 of 2006, allowing the petitioner to retiral benefits based on the revised pay scale.
The petitioner is entitled to the revised pay scale and recalculation of pension benefits on the basis of the judgment in CWP No. 15400 of 2006.
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CWP. No. 12277 of 2009 Date of Decision: 13.8.2009.
Ex Naik Mahender Singh
--Petitioner
Versus
Union of India and others --Respondents
CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI.
Present:Mr. Surinder Sheoran, Advocate for the petitioner.
PERMOD KOHLI.J (ORAL)
The petitioner was enrolled in the Indian Army on 16.4.1975 and retired on 30.4.1997. At the time of his retirement, he was in the pay scale of Rs. 3150-70-4200 in the rank of Naik in Group D. The pay scale of the petitioner was accordingly fixed @ 3150-70-4200 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. 3425-85-4700. 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. 3425-85-4700 w.e.f. 10.10.1997. However, the claim of the petitioner has not been granted till date.
It is not in dispute that a similar issue came to be considered by a Division Bench of this Court in CWP No. 15400 of 2006. The said writ
CWP. No. 12277 of 2009
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petition came to be decided vide order dated 14.1.2008 with the following observations:-
“ Having heard the learned counsel for the parties, we are of the opinion that the stand of the respondents that the petitioner is not entitled to the benefit of removal of anomaly in the Pay Commission is wholly unjustified. It was during the implementation of 5th Pay Commission report, it was found by the respondents that there is anomaly in the Pay Scales. Once the anomaly in the Pay Scales is found and sought to be removed then it has to be removed from the implementation of the recommendation of the Pay Commission i.e. 1.1.1996. There is no explanation as to why the said anomaly is sought to be removed from 10.10.1997. In the absence of any explanation of removal of anomaly from 10.10.1997, we do not find the action of the respondents fixing such date as justified. Consequently, we hold that the petitioner is entitled to the revised pay scale of 5620-1408140/- w.e.f. 1.1.1996. Thus the petitioner shall be entitled to the retiral benefits on the said pay scale.
In view of the above, we allow the present writ petition and direct the respondents to recalculate the amount of pension on the basis of revised pay scale of 5620-140-8140/- w.e.f. 1.1.1996. The exercise be completed within a period of three months from today.
The writ petition stands disposed of in above terms.”
In view of the aforesaid decision, the petitioner is also entitled to the similar relief. This petition is accordingly disposed of in terms of the aforesaid judgement.
(PERMOD KOHLI) JUDGE
13.8.2009 lucky
2 issues framed by the court
Whether the petitioner is entitled to the benefits of a Division Bench decision in CWP No. 15400 of 2006.
Whether the claim for revised pay scale and pension recalculcation shall be allowed in the present writ petition.
Colour shows how this judgement treated each authority
CWP No. 15400 of 2006Followed¶15
Ex Naik Mahender Singh
Union of India
Permod Kohli
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
