INDIAN EX BORDERMEN MOVEMENT Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner No. 1 association, Indian Ex-Bordermen Movement states that it works "to provide a platform" to retired personnel of the Border Security Force ("BSF") "for redressal of their grievances related to all matters pertaining to and arising out of their service/pension after retirement". Along with 14 of its members, all retired ex-servicemen, it has filed the present writ petition seeking the grant of benefits under the Assured Career Progression ("ACP") Scheme applicable from 1st January 1996, which have heretofore been denied to them.

(2.) The background facts are that the recommendations of the 5 th Central Pay Commission ("CPC"), which included, inter alia, making effective the aforesaid ACP Scheme, were accepted by Ministry of Finance, Government of India ("GoI"), with some modifications, by way of a resolution dated 30 th September, 1997. Paragraph 4 of the said resolution provided that the recommendations of the 5th CPC "with regard to revised scales of pay and dearness allowance" shall become operational from 1st January, 1996.

(3.) Thereafter, the Department of Personnel and Training ("DoPT") issued an Office Memorandum ("OM") dated 9th August, 1999 for the implementation of the ACP Scheme. The said OM, under paragraph 8 thereof, stipulated that "the ACP Scheme shall become operational from the date of issue of this Office Memorandum", i.e. 9th August, 1999.