P K KAPUR Vs. UNION OF INDIA

JUDGEMENT

(1.) By the present writ petition, the petitioner is challenging reduction in the period of weightage allowed to him for the purposes of computation of his pension and also reduction of the benefit of war injury disability element in the pension granted to him. According to the petitioner, he was commissioned to the Indian Army on 26th January, 1964 and was seriously injured in the Indo- Pak war of 1965. The petitioner was granted permanent commission and retained in the Army despite his permanent disability on account of the injury sustained by him. Prior to his retirement, the petitioner had attained the rank of Lt. Colonel (Time Scale) and finally superannuated from service at the age of 51 years on 30th November, 1989.

(2.) The petitioner has alleged discrimination in grant of pension and pensionary benefits to him consequent upon the implementation of the recommendations of the Fifth Pay Commission with effect from 1st January, 1996. According to the petitioner, he was informed vide letter dated 23rd October, 1999 with regard to his pension fixation wherein he has been allowed only five years weightage in arriving at the effective length of service for the purposes of calculation of his pension. The petitioner claims that since Army Officers retire at a comparatively young age, certain number of years as weightage, rank wise, are required to be added to the actual years of service for the purposes of computation of the pension. Consequent upon the implementation of the recommendations of the Fifth Central Pay Commission with effect from 1st January, 1996, according to the petitioner, the full pension for the respective Army Officers rank is taken as 50% of the amount comprising minimum basic pay of the rank and the amount paid to the respective rank. The petitioner claimed that full pension is granted for 33 years of service as is applicable to the Civilian officers in the Central Government. Though the petitioner places reliance on the Government circular prescribing weightage of specified number of years for computation of pension, the petitioner contends that the weightage assigned to the rank of Lt. Colonel (Time Scale) is less than the weightage prescribed for a Major. The petitioner is seeking weightage of eight years on the ground that the prescribed weightage of five years is discriminatory and has no nexus with the purpose sought to be achieved. According to the petitioner, his representation to the Government of India in this behalf dated 19th February, 2000 has been of no avail and hence the present petition.

(3.) The petitioner alleges that upon his retirement on 30th November, 1989, initially his pension fixation was done vide PPO No.M/1703/89 allowing the weightage of eight years. The change of weightage from eight years to five years effected after Fifth Central Pay Commission has caused prejudice to the petitioner and is most illegal.