COURT No.3 ARMED FORCES TRIBUNAL PRINCIPAL BENCH: NEW DELHI OA 1031/2020 Col Anoop Kumar(Retd) ase Applicant VERSUS Union ofIndiaand Ors, nn Respondents For Applicant : Ms Shruti Rawat, proxy for Mr. S.S. Pandey, Advocate For Respondents 4 Shri Y P Singh, Advocate CORAM HON’BLE MS. JUSTICE ANU MALHOTRA, MEMBER (J) HON’BLE LT GEN P.M. HARIZ, MEMBER (A) ORDER The present OA has been filed under Section 14 of the Armed Forces Tribunal Act, 2007 by the applicant being aggrieved by the incorrect fixation of his pay in the 5" Central Pay Commission (CPC) resulting in continuous financial loss and disadvantage. The applicant has made the following prayers: a) Call for the records based on which the Respondents have issued order dated 21.04.2009, letter dated 01.08.2012 and letter 07.08.2017 to the extent the same has retained serious pay disparity of fixation of pay to the officers like the applicant who were holding the rank of Lt.Col as on 01.01.2006 whose pay was fixed in the PB-4 in the revised 6" CPC @ Rs.38530/- instead of Rs.39,690/- contrary to OA 1031 of 2020 Col Anoop Kumar(Retd) 1 of 10b) ¢) qd) Para 2.2.21 of the 6" CPC report and the direction of PMO and thereafter quash the same to that extent. Direct the respondents to issue necessary modifications in the policy dated 21.04.2009 to read as grant of pay to Lt. Col.w.e.f. 01.01.2006 @_ Rs.39,690/- instead of Rs.38,530/- with further direction to revise the pay of the applicant retrospectively from 01.01.2006 by granting him fixation (@ Rs.39,690/- with further direction to direction to calculate all his pay and allowances on that basis in the rank of Lt.Col, Col and also re-fixation of his pay as per 7" CPC on that basis and pay the same to him along with arrears upon such upward revision of pay resulting in difference of pay as per his entitlement and pay as paid to him within stipulated time alongwith penal _ interest @12%p./m.. In alternative, fix the pay of the applicant @ Rs.39,690/- and grant him all benefits as mention in Para(b) above as given to his juniors including such revision upon his promotion to the Col.w.ef. 01.05.2009(the applicant was granted a pay of Rs.42,860/- as Col. as well as fixation of pay as per 7th CPC @ Rs.1,74,000/- at par with his junior Col. Ajay Katiyar in the rank of Col and with his junior namely Col Sunil Yadav by extending the benefit of stepping up of pay at par with the juniors/batch mates who were given the fixation of pay in the revised CPC on the basis of basic pay of Rs.13,900/- as on 01.01.2006 due to exercise of option by granting such opportunity of option to the applicant as well instead of giving such fixation of pay on the basis of basic pay of Rs.13,500/- as granted to them and fix all future emoluments considering his basic pay w.ef.01.01.2006 @Rs.39,690/- by suitably amending the policies dated 01.08.2012 and 07.08.2017. Direct the respondents to calculate the arrears on that basis till date with further direction to OA 1031 of 2020 Col Anoop Kumar(Retd) 2 of 10pay all retirement benefits to the applicant based on the upward revised pay after such re-fixation of pay including the pension alongwith interest @12% per annum for the past arrears and pay the same in a time bound manner” 2. The applicant was commissioned in the Indian Army on 25.08.1990 and later on was promoted to the rank of Major alongwith other officers through time scale as per policies of the Indian Amy in vogue. The respondents, on 08.05.2003 issued corrigendum by which the officers promoted on or after 01.01.1996 were given option to get their pay fixed on promotion in any rank from the date of increment in the lower rank held prior to promotion in case the same was more beneficial instead of fixation of pay from the date of promotion. The applicant was further granted promotion to the rank of Lt. Col. on 16.12.2004, pursuant to implementation of the AV Singh Committee recommendations. It is the submission of the applicant that th