IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Writ Petition No.482 of 2009 Date of Decision: February 04, 2009 Naranjan Singh & Others .....PETITIONER(S) VERSUS Union of India & Others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Rajesh Sehgal, Advocate, for the petitioners. Ms. Geeta Singhwal, Advocate, for the respondents. . . . AJAI LAMBA, J (Oral) This civil writ petition filed under Article 226/227 of the Constitution of India prays for issuance of a writ in the nature of mandamus directing the respondents to implement Government of India, Ministry of Defence Circular dated 1.2.2006 regarding improvement of pension in respect of Personnel Below Officer’s Rank (for short, ‘PBOR’) w.e.f. 1.1.1996 onwards instead of the date given in Circular i.e. 1.1.2006. Prayer is also for grant of arrears of improved pension w.e.f. 1.1.1996 onwards to the petitioners who are all PBOR of the armed forces and CWP No.482 of 2009 [2] retired/ discharged prior to 1.1.1996. It has been made out that the 5th Central Pay Commissioner was constituted to examine the pay and pension structure of civil servants including armed forces. The recommendations made by the Pay Commission were accepted by the Government of India and circular was issued on 7.6.1999 relating to pensionary benefits of Commissioned Officers and PBOR. The pensionary benefits were revised w.e.f. 1.1.1996. Learned counsel for the petitioners contends that an anomaly had occurred in respect of pensionary benefits payable to PBOR. A committee of Group of Ministers was constituted by Government of India in January 2005 to look into the matter. The Group of Ministers agreed that there is justification in improving the pensionary benefits of PBOR. In pursuance of recommendations, the Government of India, Ministry of Defence issued a circular on 1.2.2006 regarding the improvement in pension of PBOR. The circular, however, was made effective from 1.1.2006. The petitioners claim that pensionary benefit under circular dated 1.2.2006 is illegal to the extent that it restricts the benefit from 1.1.2006. It was an anomaly that has been cleared and therefore, the petitioners are entitled to the benefit of pay fixation in terms of Circular dated 1.2.2006 from the date all other ranks have got CWP No.482 of 2009 [3] their pension revised i.e. w.e.f. 1.1.1996. Learned counsel states that the matter is covered by judgment rendered by Division Bench of this Court in Civil Writ Petition No.6223 of 2007, titled ‘Gurmail Singh Dahdli & Others vs. Union of India & Others’ decided on 26.5.2008. Learned counsel appearing for the respondents, Union of India, admits that case of the petitioners, indeed, is covered by the decision rendered by the Division Bench of this Court in the writ petition to which reference has been made above. The Division Bench, in the case of Gurmail Singh Dahdli’s (supra), has considered the issue in the following terms:- “Though financial constrain is a valid criteria for fixing cut off date for grant of benefits but in the present case, neither the respondents had given any data in respect of financial constrains nor such financial constrains can be relevant when anomaly in the pensionary benefit is sought to be removed. If all other retires (sic) of Government of India have got the benefit of revised pension they whey (sic) the lowest rank of Armed Forces have been deprived the benefit of revised pension. Since anomaly is sought to be removed in pursuance of the recommendations of the Group of Ministers, PBOR would be entitled to revised pension from the date other employees of the Central Government have got the revised pensionary benefits. The pleas of financial constrains has been raised in respect of lowest paid employees of the Armed forces, when all other categories of employees including services have been given the benefit. Such discriminatory treatment is wholly arbitrary.” The following relief has been allowed:- “In view of the above, we allow the present writ petition and quash the cut off date 01.01.2006 and clause (9) of circular dated 1.2.2006 and direct the respondents to grant revised pensionary benefits to all the petitioners and similarly situated PBOR within a CWP No.482 of 2009 [4] period of six months from today.” In view of the fact that the respondents agree that the case of the petitioners is covered by the judgment rendered in Civil Writ Petition No.6223 of 2007, titled ‘Gurmail Singh Dahdli & Others vs. Union of India & Others’ decided on 26.5.2008, this petition is allowed in the same terms. The respondents are directed to grant revised pensionary benefits to the petitioners within a period of six months from today. (AJAI LAMBA) February 04, 2009 JUDGE avin