G D RIAZUL HAQ Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners in the aforesaid petitions were in Military Service in the Indian Army, and retired from the service prior to 1.1.1986. The petitioners, after retirement were reemployed in the Central Industrial Security Force on fresh terms and conditions, regarding their pay. These petitioners remained posted on different units and different stations as the members of the C.I.S.F. They were, also reemployed prior to 1.1.1986. At the time of reemployment, there were no conditions attached that the respondents will deduct the Military pension from the pay of the petitioners and, in fact, they were receiving the military pension w.e.f. 1.1.1986.

(2.) According to the recommendations of the Fourth Pay Commission, their salary, pension and allowances were increased. The petitioners are aggrieved by the action of the respondents by which they are deducting the enhanced military pension and deductions are done from retrospective effect from the pay of the petitioners.

(3.) It is not disputed that all these matters are covered by the decision of the Supreme Court in Union of India v. G. Vasudevan Pillay JT 1995(1) S.C.417. This judgment has been followed in number of writ petitions by a Division Bench of this court consisting of Devinder Gupta and M.S.A. Siddiqui, JJ. and by other Benches. The Supreme Court had occasion to examine this issue in the aforesaid case and their Lordships have held as under:-