BRIG. AVTAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Some of the undisputed facts are as under :

(2.) Further fact is that after recommendations were made by the Fourth Central Pay Commission, a circular was issued by the Ministry of Defence. This is annexure P2. This was done on 30th October, 1987. Some of the paragraphs which are relevant for the purpose of disposal of this petition be noticed :-

(3.) Thus in pursuance of the aforementioned communication, personnel of the Armed Forces became entitled to receive commuted pension. These were to be given to all officers who were in service on Ist of January 1986. This was also applicable to all those persons who were continued in service thereafter. Petitioner wanted this commuted pension. This prayer was declined. This was done on the basis of letter 30th of October, 1987. It was indicated that the provisions of annexure-P2 shall apply to cases occurring on or after Ist January 1986. The relevant para-9 reads as under :-