IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 14286 of 2009 Date of Decision: 14.9.2009. Khazan Singh Dhanda and others --Petitioners Versus Union of India and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. Vivek Khatri, Advocate for the petitioner.s *** PERMOD KOHLI.J (ORAL) Notice of motion. Ms. Ranjana Shahi, Central Govt. standing counsel, who is present in the Court accepts notice on behalf of the Assistant Solicitor General for respondents. Petitioners joined in the defence services in their respective cadres and marked in different categories according to their seniority. The Govt. of India introduced the 5th Central Pay Commission, which made its recommendations, however, the question of pay scales for army personnel was forwarded to the Anomalies Committee on account of certain anomalies. On 10.10.1997 the Committee removed certain anomalies arising from the implementation of the revised pay scales and on 16.12.1997 the respondent-department issued special Nevy instructions concerning the removal of anomalies and enhancing the scales of employees, who fall under the 5th Pay Commission. This benefit was also extended to the retired employees. It is admitted by learned counsel for the parties that the issue involved in the present petition is covered by a Division Bench judgement CWP. No. 14286 of 2009 -2- of this Court passed in CWP No. 15400 of 2006 decided on 14.1.2008, wherein following observations 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. 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 petitioners are also entitled to the similar relief. This petition is accordingly disposed of in terms of the aforesaid judgement. However, arrears of the petitioners shall be restricted to 3 years preceding the filing of the writ petition. (PERMOD KOHLI) JUDGE 14.9.2009 lucky