IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 11147 of 2009 Date of Decision: 28.7.2009. Malkiat Singh and others --Petitioners Versus Union of India and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. Rajneesh Gupta, Advocate for the petitioners. *** PERMOD KOHLI.J (ORAL) Notice of motion. Ms. Renu Bala Sharma, Central Govt. standing counsel, who is present in the Court accepts notice on behalf of the Assistant Solicitor General for respondents. Requisite copies of the petition furnished to her. The petitioners are the family members of the deceased pensioners, who retired from the Army prior to 1.1.1996. On the recommendations of the Fifth Pay Commission the respondents decided to revise the pension of the pensioners of the defence forces, who retired prior to 1.1.1996. However, the effect of the revision has been given w.e.f 1.1.2006. It is against these stipulation contained in clause 9 (c) of the notification dated 1.2.2006, which is sought to be challenged in the present petition. Learned counsel for the petitioners submits that the petitioners have already filed a representation dated 12.4.2009 (Annexure P-8) on which no decision has been taken till date. Learned counsel has further CWP. No. 11147 of 2009 -2- referred to the judgement of this Court dated 26.5.2008 (Annexure P-7) filed by the similarly situated persons, wherein this Court has quashed the cut off date 1.1.2006 and clause (9) of circular dated 1.2.2006 and respondents have been directed to grant pensionary benefits to all the pensioners and similarly situated persons. Learned counsel for the petitioners submits that the petitioners will be satisfied, if, respondents are directed to take decision on their representation in the light of the aforesaid judgement. In view of the above circumstances, this petition is disposed of at this stage with a direction to the respondents to decide the representation of the petitioners in the light of the aforesaid judgement within a period of three months from the date certified copy of this order is served upon the competent authority. In the event claim of the petitioner is to be rejected, the same shall be by a reasoned and speaking order. (PERMOD KOHLI) JUDGE 28.7.2009 lucky