IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4465 of 2008 LT.COL.BRAJESH BAHADUR SINGH, S/O LATE RAJ DEO SINGH, AGED ABOUT 62 YEARS PRESENTLY RESIDING AT 202, SHIV SHAKTI APARTMENT, KANKARBAGH COLONY MOR, BEHIND KRISH HUNDAI CAR SHOWROOM, P.S. KANKARBAGH, P.O LOHIA NAGAR, IN THE DISTRICT OF PATNA. ............PETITIONER. Versus 1.THE UNION OF INDIA THROUGH SECRETARY, MINISTRY OF DEFENCE, GOVERNMENT OF INDIA, NEW DELHI. 2.THE CHIEF OF ARMY STAFF, ARMY HEAD QUARTERS, NEW DELHI. 3.CONTROLLER OF DEFENCE ACCOUNTS ( OFFICERS), GOLIBAR MAIDAN , PUNE-1. 4.CONTROLLER OF DEFENCE ACCOUNTS(PENSION),DRAUPATI GHAT, ALLAHABAD, (U.P). 5.CONTROLLER GENERAL OF DEFENCE ACCOUNTS, GOVERNMENT OF INDIA, N. DELHI. ............RESPONDENTS. ----------- 07/ 05.05.2011 Having heard counsel for the parties and taking into account that the following prayer of the petitioner of this writ application reading as follows:- “(I) To rectify the anomalies in fixing petitioners pay (Basic & others) in terms of special army instructions as well as pursuant the instructions special army orders and directives issued time to time, once the date of commissioning is fixed and thereafter all provisions made periodically on fixed length of service having repercussion on pay, pension and length of service of an officer. (ii) To prepare the working sheet(of payment) of the petitioner while he was in service and even after super anuation treating his original date of 2 joining/commissioning to the date of his seniority. (iii) To restore full pension after 13 years of retirement period in view of settled principle of law laid down in this regard by the Apex Court.” seeks to reopen many settled events including the promotion of the petitioner while he was continuing in service from 06.09.1970 to 31.01.1997, before his being given re-employment for a period of five years up to January 2004, this Court would hold that all the petitioner can now claim is only pay fixation in terms of letter no. MOD. HQ.B/27153/Misc./36/AG/PS-3(A)/526/D(Pay/Ser) dated 3rd April, 2001 (Annexure-1) which contemplates review of pay fixation of Short service Commissioned Officers for grant of payment of Lieutenant Colonel on completion of 21 years of service from the date of initial commission. Thus if the petitioner can be granted pay fixation benefit in terms of the aforementioned order without changing the date of promotion and would be entitled for certain financial benefits which may lead to arrears of payment of salary and/or enhancement of the pension that may be considered strictly in accordance with the 3 provisions made in Annexure-1. It has to be noted that in the counter affidavit, the applicability of the aforementioned decision of the Government of India, Ministry of Defence in its letter dated 03.04.2000, has not been denied in the case of the petitioner and it has been only stated that the petitioner was promoted in the rank of (LC) TS on 03.11.1992 i.e. prior to 01.01.1996 as rank of Lieutenant Colonel T.S, the stand of the respondent in fact is also very clear that the petitioner was already given the benefit of the aforementioned Government letter dated 03.04.2000. That being so, this court would only direct for a reconsideration and passing a fresh reasoned order on the said representation filed by the petitioner as contained in Annexure-8 to the writ application. It is made clear that the issue on remand by the Court will while remain confined only to the grant of any benefit based on the said decision of the Government of India dated 03.04.2000 and will not lead 4 to any other benefit to the petitioner in any other matter much less for changing the date of his promotion. Such exercise of consideration of the case of the petitioner for extending him the benefit in terms of the Government of India letter dated 03.04.2000, in the manner indicated above must be completed within a period of four months from the date of receipt/production of a copy of this order and the financial benefit, if any, arising out of the same should also be extended to him in next two months. With the aforementioned observations and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J)