Court Orders Union of India to Extend 5th Central Pay Commission Benefits from 1996, Citing Principles of Equality and Fairness
In a significant ruling, the Rajasthan High Court has upheld the decision of the Armed Forces Tribunal to extend pensionary benefits arising from the 5th Central Pay Commission retrospectively from January 1, 1996, to No. 610812A Ex-Master Warrant Officer (MWO) Prabhu Singh Shekhawat. The court dismissed the writ petition filed by the Union of India, which sought to restrict these benefits to October 10, 1997.
The case, heard by a division bench of Dr. Pushpendra Singh Bhati and Dr. Nupur Bhati, revolved around the retrospective applicability of revised pay scales for the Indian Air Force personnel. The court held that the revised pay scales must take effect from January 1, 1996, as per the Gazette Notification, and any restriction to October 10, 1997, was declared null and void. The judgment emphasized that the arbitrary denial of such benefits violates principles of equality and fairness.
The respondent, Prabhu Singh Shekhawat, who served as an Education Instructor, was discharged from the Indian Air Force on August 31, 1996. He had claimed that the trade rationalization upgraded his trade from Group-II to Group 'X', entitling him to revised pay and pensionary benefits. However, his representations were initially rejected by the authorities, prompting him to seek legal recourse.
The court also addressed the issue of delayed claims, ruling that the respondent's rights accrued only after the anomaly was clarified in the Ministry of Defence's 2015 report. As such, the law laid down in Union of India v. Tarsem Singh (2008) regarding the restriction of arrears was deemed inapplicable.
Further, the court criticized the Union of India's conduct for not extending similar benefits to Shekhawat as were extended to others in similar circumstances, such as in the case of Jai Narayan Jakhar v. Union of India. The court directed the petitioners to release all benefits within four weeks and imposed a cost of Rs. 15,000 for their arbitrary and discriminatory treatment.
This ruling reinforces the legal principles of equality and fairness in the application of pensionary benefits and sets a precedent for similar cases involving retrospective applicability of pay commission recommendations.
Bottom line:-
Pensionary benefits arising from 5th Central Pay Commission must be extended retrospectively from 01.01.1996, as per the Gazette Notification, and not restricted to 10.10.1997. Arbitrary denial of such benefits constitutes a violation of equality and fairness principles.
Statutory provision(s): Articles 226 and 227 of the Constitution of India, Armed Forces Tribunal Act, 2007
Union of India v. Prabhu Singh Shekhawat, (Rajasthan)(DB) : Law Finder Doc id # 2931174
