- (1.) This order shall dispose of aforementioned two writ petitions i.e. CWP No.6449 of 2014 and CWP No.4233 of 2014. However, for facility of reference, the facts are being taken from CWP No.6449 of 2014, wherein challenge is to an order passed by the Armed Forces Tribunal, Chandigarh Regional Bench at Chandimandir (for short 'the Tribunal') on 12.02.2014, whereby the petitioner was found entitled to pension on the basis of revised pay scale w.e.f. 01.01.1996, but the payment of arrears was restricted to the period of six months prior to the invocation of jurisdiction of the Tribunal in view of Section 22 of the Armed Forces Tribunal Act, 2007 (for short 'the Act'), which prescribes six months of limitation for invoking the jurisdiction of the Tribunal.
(2.) The petitioner is pre 01.01.1996 retiree. Consequent to the acceptance of 5th Central Pay Commission recommendations, the pay & allowances of Civil and Defence employees including the present petitioner were revised. The Government of India, Ministry of Defence, issued a circular on 07.06.1999 that pension of all Armed Forces pensioners irrespective of their date of retirement shall not be less than 50% of the minimum pay in the revised scale of pay introduced w.e.f. 01.01.1996. However, anomalies arose during implementation of such recommendations, which were sought to be rectified vide circular dated 10.10.1997. The pay and allowances of the serving personnel, who were in service as on 10.10.1997 were revised, but the pension of the employees, who retired before 31.12.1995 was not revised. A writ petition bearing CWP No.15400 of 2006 before this Court was filed by one Jai Narayan Jakhar claiming that anomaly was sought to be removed w.e.f. 10.10.1997, but once anomaly was to be removed, it shall be applicable to the petitioner, who has retired after 01.01.1996. The said writ petition was allowed on 14.01.2008, when it was observed as under: "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. 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 5620-140-8140/- w.e.f. 01.01.1996. Thus the petitioner shall be entitled to the retiral benefits on the said pay scale."
(3.) The Special Leave Petition against the said order was dismissed on 21.11.2008. The said judgment was followed by the Armed Forces Tribunal in many cases, wherein the benefit of recommendations of 5th Central Pay Commission was extended and arrears were ordered to be paid from 01.01.1996 itself. ];