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2009 DIGILAW 1573 (PNJ)

Kapal Dev v. Union Of India

2009-09-05

PERMOD KOHLI

body2009
Judgment Permod Kohli, J. 1. The petitioner joined the Army on 17.7.1971 after having been found medically fit. After completion of training, the petitioner was inducted into the Regular Army. He served at various places during the service both High Altitude and in sensitive areas. The petitioner was promoted to the next higher ranks of Naik, Havildar, Naib Subedar. The petitioner was discharged from the Army on 31.12.1996 after having rendered 26 years of service. On the basis of the recommendations of the Central Pay Commission, revised pension was sanctioned in favour of the petitions w.e.f. 1.1.1996. It is not in dispute that the issue involved in this petitioner is squarely covered by a Division Bench judgment of this Court dated 14.1.2008 passed in CWP No. 15400 of 2006 (wherein following observations/directions have been made :- "...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. 01-01-1996. 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. 01-01-1996. 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. 01-01-1996. The exercise be completed within a period of three months from today. The writ petition stands disposed of in above terms." 2. The petitioner is also entitled to the same relief. This petition is disposed of in terms of the aforesaid observations/directions. The claim of the petitioner shall be restricted to three years preceding the filing of this writ petition Ordered accordingly.