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SUPREME COURT OF INDIA
A.K. SIKRI, ASHOK BHUSHAN, JJ.
Suchet Singh Yadav & Ors. - Appellants
Versus
Union of India & Ors. - Respondents
Civil Appeal No. 7989 of 2015, 770-771, 773-774, 2368 of 2018 (Arising Out of Civil Appeal D-No. 7231, 26259 of 2016, 25429 of 2017) With Civil Appeal No. 7917 of 2016 with C. A. No. 2369 of 2018 (Arising Out of Diary No.22257 of 2017)
Decided On : 21-02-2018
(b) Service law – Armed forces – Pension – V Central Pay Commission report – Government Order dated 07.06.1999 – Pension of all personnel irrespective of date of retirement enhanced to 50% of minimum of revised pay scale of the rank – Order dated 07.06.1999 relates to pension and the order dated 21.11.1997 relates to pay and allowances – Similarly order dated 14.01.2000 reducing qualifying period for promotion to substantive cadres from 21 to 20 years was with regard to officers who were in service on 01.01.1996 – Does not apply to appellants. (Para 21, 22, 23)
(2006) 11 SCC 709; (1983) 1 SCC 305; (2006) 11 SCC 709 – Referred
O.A. No. 256 of 2011; (2014) 3 SCC 777; (1998) 8 SCC 30; (2008) 12 SCALE 360 – Distinguished
Facts of the case:
These appeals relate to claim of commissioned officers of all the three wings of the Defence Forces, i.e. Army, Air Force and Navy, who retired prior to 01.01.1996 for grant of next higher scale to one which was held by them at the time of retirement, on the strength of the Government of India's Order dated 21.11.1997 issued in consequence of implementation of Fifth Pay Commission Report.
Finding of the Court:
Government resolution dated 21.11.1997 does not apply to appellants.
Result: Appeals filed by Union of India allowed. Other appeals dismissed.
JUDGMENT :
ASHOK BHUSHAN, J.
1. Delay condoned.
2. These appeals relate to claim of commissioned officers of all the three wings of the Defence Forces, i.e. Army, Air Force and Navy, who retired prior to 01.01.1996 for grant of next higher scale to one which was held by them at the time of retirement, on the strength of the Government of India's Order dated 21.11.1997 issued in consequence of implementation of Fifth Pay Commission Report.
3. These appeals were heard in two groups. First group consisting of Civil Appeal(arising out of Civil Appeal Diary No. 26259 of 2016) - Suchet Singh Yadav & Ors. v. Union of India & Ors. and Civil Appeal(arising out of Civil Appeal Diary No. 25429 of 2017) - Union of India & Ors. v. Lt. Cdr. C.M. Mittal & Ors., which was heard on 16.01.2018. Second group of the appeals consisting of Civil Appeal No. 7989 of 2015 - Lt. Cdr. Gurmukh Singh v. Union of India & ors., Civil Appeal No. 7917 of 2016 - V.K. Mehta v. Union of India & Ors., Civil Appeal (arising out of Civil Appeal Diary No. 7231 of 2016) - Union of India & Ors. v. Lt. Cdr. Bhisham Kumar (Retd.) & Ors. and Civil Appeal (arising out of Civil Appeal Diary No. 22257 of 2017) - Union of India & Ors. v. Sqn. Ldr. Jai Kumar & Ors., was heard on 02.02.2018.
4. The appeals have been filed both by the Defence Officers whose claims have been rejected by Armed Forces Tribunal and by Union of India where the claims were allowed by the Armed Forces Tribunal. The judgments delivered by Armed Forces Tribunal, Principal Bench, New Delhi as well as the other Regional Benches have on different occasions expressed divergent views on the same issue.
5. Civil Appeal(arising out of Civil Appeal Diary No. 26259 of 2016) - Suchet Singh Yadav & Ors. v. Union of India & Ors. and Civil Appeal(arising out of Civil Appeal Diary No. 25429 of 2017) - Union of India & Ors. v. Lt. Cdr. C.M. Mittal & Ors. have arisen against the same judgment of the Armed Forces Tribunal, Principal Bench, New Delhi dated 29.12.2015 and 06.04.2016, arising out of O.A. No. 666 of 2014 filed by Sqn. Ldr. Suchet Singh Yadav & Ors. Reference of facts and pleadings in the Civil Appeal filed by Sqn. Ldr. Suchet Singh Yadav shall be sufficient to decide all these appeals, which raises common questions of facts and law.
Civil Appeal(arising out of Civil Appeal Diary No. 26259 of 2016) - Suchet Singh Yadav & Ors. v. Union of India & Ors.
6. Sqn. Ldr. Suchet Singh Yadav was commissioned on 27.03.1965 and he retired on 14.08.1985 while holding the rank of Sqn. Ldr. in the Air Force. The report of Fifth Pay Commission was submitted on 30.01.1997 pertaining to structure of emoluments, allowances and conditions of service of Armed Forces Personnel. The Central Government issued order dated 13.10.1997 implementing the recommendations with certain modification w.e.f. 01.01.1996. On 21.11.1997, the Government of India, Ministry of Defence issued an order regarding pay and allowances of Armed Forces Officers. On 07.06.1999, the Government issued an order regarding implementation of Government's decision on the recommendations of the Vth CPC relating to pensionery benefits in respect of commissioned officers and personnel below officer rank. On 14.01.2000, another order implementing Vth Pay Commission recommendations - Para 147.21 "conditions regarding grant of substantive rank to officers of Army, Air Force and Navy" was issued. The appellant Suchet Singh Yadav and other fourteen Armed Forces Officials, who held the rank of Sqn. Ldr./Major/Lt. Cdr. respectively claim that they were entitled to fixation of their pay/pension in the next pay-scale of Lt. Col. or equivalent in pursuance of the Government Order dated 21.11.1997, which has been denied to them. Consequently, Sqn. Ldr. Suchet Singh Yadav and fourteen other Armed Forces Officials filed O.A. No. 666 of 2014 in the Armed Forces Tribunal, Principal Benc
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