CWP No.5217 of 2009 : 1 : In the High Court of Punjab and Haryana at Chandigarh. Date of decision: 26.08.2008 JC 368628-A Naib Subedar (H/Subedar Gurmail Singh Dayal .... Petitioner Versus Union of India and others .... Respondents CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI. Present: Mr.Rajesh Sehgal, Advocate. Ms.Geeta Singhwal, Advocate. -- PERMOD KOHLI, J. (Oral): The petitioner is claiming pay fixation in the scale of 5620- 140-8140 for Group-Y Naib Subedar with effect from 01.01.1996 along with allowances etc. It is not in dispute that the controversy involved in the present petition is squarely covered by a Division Bench judgment of this Court in the case of Jai Narain Jakhar Vs. Union of India and another (CWP No.15400 of 2006) decided on 14.01.2008, wherein the following observations/directions have been issued:- “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 CWP No.5217 of 2009 : 2 : the Pay Scale 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 5629-140-8140/- w.e.f. 01.01.1996. This 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. 01.01.2996. The exercise be completed within a period of three months from today. The writ petition stands disposed of in above terms.” This petition is disposed of in terms of the aforesaid directions. The petitioner shall be entitled to the same relief. No costs. 26.08.2009 (PERMOD KOHLI) BLS JUDGE