MAHABIR SINGH CHAUHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner retired as a Naib Subedar from the Army in the year 1979. After retirement the petitioner was drawing pension from his employer/Army for which the disbursal agency was the respondent No.2/State Bank of India, New Delhi Main Branch and paying agency was Pay and Accounts office of the respondent No.1.

(2.) The Central Government brought into force the recommendations of the fifth Central pay commission and which was informed to the defence service chiefs by means of a letter dated 24.11.1997. The date for crediting of the first instalment of arrears of pension was on or before 31.12.1997, and for the second instalment of arrears instructions were to be issued later on in terms of para 11 of the circular which reads as under:-

(3.) At this stage, I must state that there is nothing which is forthcoming from record which could be pointed out to me either by the counsel for the petitioner or by the respondents as to which was the date for crediting of the second instalment of arrears payable in terms of the fifth Central pay commission report.