AMAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD learned counsel for the parties. By means of the instant writ petition, the petitioners challenge the illegal deduction from pension of the petitioners as revised by V Pay Commission with retrospective effect. It has been stated by the counsel for the petitioners that the petitioners were in Military Service in the Indian Army and retired from the service prior to 1986. The petitioners after retirement were re- employed in the Central Industrial Security Force on fresh terms and conditions, regarding their pay. The petitioners remained posted on different units indifferent stations as the members of the C.I.S.F. They were also re-employed prior to 1.1.1986. At the time of re-employment, 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. According to the recommendations of the Fifth 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. It is not disputed that all these matters are covered by the decision of the Supreme Court in Union of India and others v. G. Vasudevan Pillay and others [(1995) 2 Supreme Court Cases 32]. Accordingly, the writ petition is allowed and I hold that the impugned decision/action of the respondents to deduct the military pension or any part thereof from the pay of the petitioners would be bad in law and quash the same. In terms of the judgment of the Supreme Court, I direct the respondents to re-fix the pay of the petitioners by ignoring the military pension and further restrain the respondents from making any recovery of the alleged arrears. Any amount, if recovered pursuant to the impugned action, will be duly refunded to the petitioners within three months from today.