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.
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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 -2-
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 5620-140-
8140/- 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
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