Punjab-Haryana High Court
No.7771781W Ex.Havildar Cmp Rajbir ... vs Union Of India & Ors on 30 April, 2009
Author: Ajai Lamba
Bench: Ajai Lamba
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Civil Writ Petition No. 5680 of 2009
DATE OF DECISION : APRIL 30, 2009
No.7771781W Ex.HAVILDAR CMP RAJBIR SINGH
....... PETITIONER(S)
VERSUS
UNION OF INDIA & ORS.
.... RESPONDENT(S)
CORAM : HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT: Mr. Surinder Sheoran, Advocate, for the petitioner(s).
Ms. Geeta Singhwal, Advocate, for respondents.
AJAI LAMBA, J. (Oral)
The prayer made in this Civil Writ Petition is for issuance of directions to the respondents to implement the decision of a Division Bench of this Court dated 14.1.2008 (Annexure P-8) in CWP 15400 of 2006 (Jai Narayan Jakhar v. Union of India and another).
The petitioner in CWP 15400 of 2006 had claimed issuance of a writ in the nature of mandamus directing the respondents to release his Civil Writ Petition No. 5680 of 2009 2 retiral benefits in the pay-scale of Rs.5620-140-8140, after removing the anomaly in the recommendation of the 5th Pay Commission and the consequent circular issued by the respondents.
Learned counsel for the petitioner(s) has pointed out that the appeal filed by the respondents before the Hon'ble Supreme Court of India i.e. Special Leave Petition No.15128 of 2008, has been dismissed vide order dated 21.11.2008 (Annexure P-9) and, therefore, the Division Bench judgment of this Court rendered in Jai Narayan Jakhar's case (supra) has been upheld.
Learned counsel for the respondents has not disputed the aforesaid facts.
In view of the above, the petition is allowed in terms of Division bench judgment of this Court in Jai Narayan Jakhar's case (supra).
The respondents are directed to recalculate the amount of pension on the basis of revised pay scale of the petitioner with effect from 1.1.1996. The exercise be completed within a period of 4 months from the date of receipt of a certified copy of this order.
April 30, 2009 ( AJAI LAMBA ) Kang JUDGE