JALAM SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) (Oral) - In this writ petition, the petitioner has prayed for a writ in the nature of certiorari for quashing order dated 21.10.1992 (Annexure P.2) and has further prayed in (for ?) a direction to the respondents to re-fix the pay of the petitioner after ignoring the orders dated 21.10.1992 (Annexure P.2).

(2.) Mr. Kathuria, the learned counsel appearing on behalf of the petitioner submits that the point raised in this writ petition is squarely covered by a judgment of the Supreme Court in the case of Union of India and others Vs. G. Vasudevan Pille and others, JT 1995(1) SC 417 : 1995(2) SCT 841 SC . Mr. Sharma appearing on behalf of respondents concedes that in view of the decision of the Honourable Supreme Court in the aforesaid case, the writ petition is to be allowed. Accordingly the writ petition is allowed and the order dated 21.10.1992 (Annexure P.2) is hereby quashed to the extent that the respondents deducted the enhanced military pension from the salary of the petitioner. The respondent are directed to refix the pay of the petitioner without deducting the amount of enhanced military pension. The petition is accordingly disposed of. However, in the circumstances of the case, the parties are left to bear their own costs.