Wing Commander (Retd.) Jetinder Singh & Ors. v. Union of India & Ors.

CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present: Mr. S.L.Sharma, Advocate, for the petitioners. Ms.Renu Bala Sharma, Central Government Standing Counsel, for the respondents. *** AUGUSTINE GEORGE MASIH, J. (ORAL) Counsel for the petitioners states that the present case is fully covered by the judgment of the Hon'ble Supreme Court in Transfer Petition (Civil) No. 56 of 2007 titled as Union of India and others vs. N.K.Nair and others and other connected writ petitions. The said judgment was pronounced by the Hon'ble Supreme Court on 08.03.2010, wherein the Hon'ble Supreme Court has upheld and affirmed the Division Bench judgment of the High Court of Kerala and held the official entitled to grant of rank pay retrospectively w.e.f. 01.01.1986. He, therefore, contends that the present writ petition be allowed in the same terms. Counsel for the CWP No. 2005 of 2007 2 respondents does not dispute the contention, as raised by the counsel for the petitioners. Heard counsel for the parties. The Hon'ble Supreme Court, vide its order dated 08.03.2010, has held as follows:- “ORDER Heard learned counsel for the petitioners and Mr. Mohan Jain, learned Addl. Solicitor General appearing for the Union of India. allowed. Application for intervention in T.P.(C) No. 56/2007 is Since the issue involved in the writ petitions pending before the various High Courts is the same as in Writ Petition © Nos. 96/2009 and 34/2009 pending before this Court, this transfer petition is allowed. Writ Petition Nos. 11056/2006, 11128/2006, 10810/2006, 13508/2006, 13497/2006 and 18176 of 2006 pending before the High Court of Kerala, Writ Petition No. 13904/2006 pending before the High Court of Andhra Pradesh and Writ Petition Nos. 1935/2006, 1934/2006, 1957/2006 and 47909/2006 pending before the High Court of Allahabad are directed to be transferred to this Court and taken on Board. The prayer in these writ petitions under Article 32 of the Constitution is for grant of benefits awarded by a learned Single Judge of the Kerala High Court vide his judgment dated

5.10.1998 in O.P. 2448/1996 which has been affirmed by the Division Bench of the High Court in Writ Appeal No. 518/1999 by judgment dated 4.7.2003. CWP No. 2005 of 2007 3 We have carefully perused the judgment dated

5.10.1998 of the learned Single Judge as well as judgment dated

4.7.2003 of the Division Bench of the High Court of Kerala and we respectfully agree with the reasoning given therein for grant of rank pay retrospectively from 1.1.1986. We also direct interest to be paid thereon at 6% p.a. Accordingly, these writ petitions as well as the transferred writ petitions are allowed. No order as to costs. ........................J. (MARKANDEY KATJU) ........................J. (R.M.LODHA) NEW DELHI; MARCH 08, 2010.” The present writ petition is allowed in the same terms with a further direction that the amount of arrears along with interest be released to the petitioners within a period of five months' from the date of receipt of a certified copy of this order. April 20, 2010 ( AUGUSTINE GEORGE MASIH ) JUDGE CWP No. 2005 of 2007 4