UNION OF INDIA Vs. KARTAR SINGH

JUDGEMENT

(1.) The respondents are all Honorary Lieutenants and Honorary Captains who have retired from the Indian Army or Honorary Flying Officers and Honorary Flight Lieutenants who retired from the Indian Air Force and Honorary Sub Lieutenants and Honorary Lieutenants who served the Indian Navy. Honorary rank it is common ground is awarded to persons serving in the Army, Navy and the Air Force for commendable service rendered by them. The award of the rank is usually announced on the republic and independence days every year. It is not in dispute that the respondents have all served and retired from their respective services before 1/1/2006. It is also not in dispute that all of them were given honorary ranks for distinguished services.

(2.) The 6th Central Pay Commission made its recommendations according to which those retiring on or after 1/1/2006 were held entitled to pension of Rs.15,465.00 in the case of Honorary Lieutenants and Rs.16,145.00 in the case of Honorary Captains in the Indian Army. Similar amounts towards pension were also held payable to those holding equivalent honorary ranks in the other two services namely Navy and Air Force. For the pre 1/1/2006 retirees like the respondents herein, the Government pursuant to the recommendations made by the 6th Pay Commission determined the pension payable to such honorary rank holders at 50% of Rs.10,500.00 for an Honorary Lieutenant and Rs.10,850.00 for an Honorary Captain retiring from the Indian Army and others retiring from the other services on equivalent ranks. An order dtd. 11/11/2008 directing fixation of pension was accordingly issued by the Government effective from 1/1/2006.

(3.) The respondents and a large number of other pre 1/1/2006 retirees appear to have felt aggrieved of the said determination and direction. Representations appear to have been made to the Government for redressal of the grievances of these ex-servicemen, which were reffered by the Government to a Committee headed by the Cabinet Secretary for examination, and for a possible redressal. The Committee so constituted appears to have examined the representations and made a report which was accepted by the Central Government culminating in the issue of Circular dtd. 8/3/2010 whereby the Government directed that pension payable to Honorary ranks like those held by the respondents shall be determined and paid @ 50% of the notional pay in the notional maximum in the post 1/1/2006 revised pay structure corresponding to the maximum of the pre 6th Central Pay commission pay scales as per fitment table for each rank. This order was to be effective from 1/7/2009. It is not in dispute that the respondents were placed in the pay band of 15400-37500 in terms of the recommendations of the 6th Pay Commission.