ND AR-272A SHRI. GANESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This Court vide order dtd. 1/2/2018 in WP(C) No. 232 of 2013, between the same parties herein indicating that in the third round of litigation between the same parties on the petitioner's claim for promotion and consequential benefits, in the operative part of the order has held as follows:-

(2.) Pursuant to the said order, the respondent No. 2 through his assign, has issued a speaking order dtd. 28/8/2018 indicating thereto that the pay of the petitioner has been fixed at Rs.8,000.00 in the pay scale of Rs.8,000.00 275-13,5000/- per month w.e.f. 22/1/1997 (date of appointment of the batchmates) on notional basis and corresponding re-fixation in the rank of Dy. Comdt (Rs.10,000.00325-15,200/-) on 1/4/2004, in the rank of 2IC (Rs.31,420.00 plus Grade pay Rs.7,600.00) on 1/7/2008 and in the rank of Comdt. (Rs.37,400.00 plus Grade pay Rs.8,700.00) on 11/3/2013, have also been done. After detailed work out, it has been found that there is no difference in pay of the officer and his pension has been calculated correctly based on his last pay (Rs.1,34,500.00) drawn. All his pensionary benefits have already been assessed/granted to him as per CCS (Pension) Rules, 1972 and PPO (Pension Payment Order) No. 234981807077 dtd. 18/5/2018 has been issued in his favour.

(3.) It now appears that in this fourth round of litigation, the petitioner has once again approached this Court by way of this instant writ petition with a prayer to direct the respondents to pay the arrear pay and allowances with effect from 22/1/1997 till 31/12/2005 correspondingly in the scale of pay due and payable to the Assistant Commandant with effect from 22/1/1997 to 31/3/2004, and as Deputy Commandant from 1/4/2004 to 31/6/2008 and again as Commandant from 1/7/2008 to 11/3/2013, since the same has not been paid to him and also, since the speaking order dtd. 28/8/2018 has failed to address the issue of arrear pay and allowance due and payable to the petitioner.