Punjab-Haryana High Court
Ic 29955-W Lt. Col. Rajendra Kumar Tomar ... vs Union Of India And Others on 18 May, 2010
Author: Augustine George Masih
Bench: Augustine George Masih
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
C.W.P. No. 2259 of 2007
Date of Decision : May 18, 2010.
IC 29955-W Lt. Col. Rajendra Kumar Tomar (Retd.) S/o Sh Jaimal Singh,
House No. 77, Sector-15, Hisar (Haryana), and others
...... Petitioners.
Versus.
Union of India and others
..... Respondents.
CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH.
Present:- Mr. Surinder Sheoran, Advocate,
for the petitioners .
Ms. Ranjana Shahi, Central Government Counsel,
for respondents.
AUGUSTINE GEORGE MASIH, J. (ORAL).
Counsel for the petitioners states that the present case is fully covered by the judgment of Hon'ble the Supreme Court in Transfer Petition (Civil) No. 56 of 2007 titled as Union of India and others Versus N.K. Nair and others and other connected writ petitions. The said judgment was pronounced by Hon'ble the Supreme Court on 08.03.2010, wherein Hon'ble the Supreme Court has upheld and affirmed the Division Bench judgment of High Court of Kerala and held the official entitled to grant of rank pay retrospectively with effect from 01.01.1986. He, therefore, contends that the present writ petition be allowed in the same terms. Counsel for respondents does not dispute the contention as raised by counsel for the petitioners.
Heard counsel for the parties.
C.W.P. No. 2259 of 2007. -2-Hon'ble the Supreme Court, vide its Order dated 08.03.2010 has held as follows :-
"ORDER Heard learned counsel for the petitioners and Mr. Mohan Jain, learned Addl. Solicitor General appearing for the Union of India.
Application for intervention in T.P. (C) No. 56/2007 is allowed.
Since the issue involved in the writ petitions pending before the various High Courts is the same as in Writ Petition No. 96 of 2009 and 34 of 2009 pending before this Court, this transfer petition is allowed. Writ Petition Nos. 11056/2006, 11128/2006, 10810/2006, 13508/2006, 13497/2006 and 18176/2006 pending before the High Court of Kerala, Writ Petition No. 13904/2006 pending before the High Court of Andhra Pradesh and Writ Petition Nos. 1935/2006, 1934/2006, 1957/2006 and 47909/2006 pending before the High Court of Allahabad, are directed to be transferred to this Court and taken on Board.
The prayer in these writ petitions under Article 32 of the Constitution of India is for grant of benefits awarded by a learned Single Judge of the Kerala High Court vide his judgment dated 05.10.1998 in O.P. No. 2448/1996 which has been affirmed by the Division Bench of the High Court in Writ Appeal No. 518/1999 by judgment dated 04.07.2003.
We have carefully perused the judgment dated 05.10.1998 of the learned Single Judge as well as judgment dated 04.07.2003 of the Division Bench of High Court of Kerala and we respectfully agree with the reasoning given therein for grant of rank pay retrospectively from 01.01.1986. We also direct interest to be paid thereon at 6% p.a. Accordingly, these writ petitions as well as transferred writ petitions are allowed.
No order as to costs.
......... J (Markandey Katju) ......... J (R.M. Lodha) New Delhi ; March 08, 2010"C.W.P. No. 2259 of 2007. -3-
The present writ petition is allowed in the same terms with a further direction that the amount of arrears alongwith interest be released to the petitioners within a period of five months from the date of receipt of certified copy of this Order.
(AUGUSTINE GEORGE MASIH) JUDGE May 18, 2010.
sjks.