LAWS(P&H)-2010-5-279

ALL INDIA DEFENCE BROTHERHOOD Vs. UNION OF INDIA

Decided On May 27, 2010
All India Defence Brotherhood (regd.) and Others Appellant
V/S
The Union Of India (Uoi) And Others Respondents

JUDGEMENT

(1.) Petitioner No. 1 is Society registered under the Societies Registration Act, 1860. To espouse cause of its members, it has filed this writ petition through President of its Haryana Unit. Petitioners No. 2 to 146 are the retired/serving officers of the three Services constituting the Defernce Force of Union of India. Detail regarding their service career is mentioned under signatures of each petitioner at the end of this petition.

(2.) By filing this writ petition, petitioners pray that their pay be refixed as recommended by the IV Pay Commission, without deducting the amount of "rank pay"

(3.) Brief facts of the case are that the IVth Pay Commission was reconstituted to suggest revision in pay scales of the officers of all the three wings of the Armed Forces, i.e. Army, Navy and Air Force. As per facts on record, recommendation, made by the Commission, was accepted by respondent No. 1. Relevant portion of the recommendations of the Pay Commission upon which reliance has been placed, read thus: