( 1 ) PETITIONER Shri C. M. Khanna retired as Lt. Coloncl (Time Scale) from Army Service. He has challenged the Special Army Instructions 1/8/87 dated 23rd June,1987 issued by the Defence Ministry by virtue of which the respondent implemented the recommendation of the Fourth Central Pay Commission for the officers of the Army. Consequent upon the recommendation of the Fourth Central Pay Commission integrated pay scale of Rs. 2300-5100. 00 was made admissible to officers of the Army above the rank of Second Lieutenant to Brigadier. But with regard to the officers of the substantive rank of the Lt. Colonel (Time Scale) omission has been made to regulate their initial fixation of pay as on 1st January,1986, in relation to prescribed length of reckonable service as required for substantive promotion. The aim of providing one integrated scale for officers from the rank of second Lt. to Brigadier was to give one scale-related with length of service. But this has been denied to Lt. Colonel (Time Scale) hence discrimination and denial of equal rights.

( 2 ) IN order to appreciate the challenge the brief facts arc that petitioner was commissioned in the Indian Army on 15th Ju