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2020 Supreme(SC) 41

L. NAGESWARA RAO, HEMANT GUPTA
Union of India – Appellant
Versus
Brig. Balbir Singh (Retd. ) – Respondent


Advocates Appeared:
For the Appellant(s) :Madhavi Divan, Devashish Bharuka, Meru Sagar Samantray, Smita Choudhury, Vaishali Verma, Arvind Kumar Sharma, K. Luikang Micheal, Anil Katiyar, Advocates
For the Respondent(s):Rajeev Manglik, Piyush Sharma, S.K. Garg, Neeraj Dutt Gaur, Advocates

JUDGMENT

L. NAGESWARA RAO,J.

1. This appeal is directed against the judgment of the Armed Forces Tribunal, Regional Bench, Kolkata by which the Appellants were directed to consider the claim of the Respondent for payment of grade pay of Rs.10,000/- or more, at par with his civilian counterparts holding the post of Chief Engineer in the Military Engineering Services (MES), with all consequential benefits.

2. The Respondent was commissioned in the Army on 16.12.1978 and he was allotted to the Corps of Engineers in July, 2005. The Respondent was promoted to the rank of Brigadier and was posted as Chief Engineer, Shillong Zone in the Military Engineering Service. Aggrieved by the disparity with regard to grade pay of Brigadier vis-à-vis civilian Chief Engineer in the MES, the Respondent filed O. A. No.155 of 2012 before the Armed Forces Tribunal, Regional Bench, Jaipur and sought a direction to the Appellants that he shall be entitled to the grade pay of Rs.10,000/- at par with his civilian counterparts. The Respondent further sought a direction to the Appellants herein to pay the arrears consequent to re-fixation of grade pay at Rs.10,000/- with all benefits along with interest at 18 % o

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