JUDGMENT

H.K. Sema, J.—Civil Appeal Nos. 3174 and 3173 of 2006 are preferred by the pensioners against the judgment and order of the High Court of Madras dated 29.4.2005 in Writ Petition Nos. 24444-24451/2001, 14913/2002 and 32527/2004. Civil appeal Nos. 3188, 3189 and 3190 of 2006 are preferred by the Union of India against the judgments and orders of the Delhi High Court dated 17.8.2005, 5.9.2005, 10.11.2005 and 3.8.2005 passed in W.P. Nos. 17745/2004, 16975/2005, 6831/2004, 4597/2003 respectively.

2. We have heard Mr. P.A. Kulkarni, Mr. T. Harish Kumar, Mr. C.S. Rajan, Mr. Sanjeev Kumar Chaudhary and Mr. Prashant Bhushan, learned counsel appearing for different appellants/respondents.

3. In all these appeals, the controversy relates to the scale of pay recommended by the 5th Pay Commission and corresponding acceptance of the Government by a Policy decision dated 30.9.1997 and Executive Instructions dated 17.12.1998 clarified by Executive Instructions dated 11.5.2001.

4. We may briefly notice the scale of pay enjoyed by the employees at the time of retirement and corresponding increase in the 4th and the 5th Pay Commission.

Civil Appeal No. 3174 of 2006

5. The appellants were holdin