Defence Officers seek uniform implementation of HC orders

Chandigarh, Jan 29 (UNI) The Punjab and Haryana High Court today issued notices for March 23 to the ministry of Defence among others on a PIL seeking uniform implementation of the Kerala High Court order for including the rank pay while giving revised pay to the officers under the Fourth Pay Commission with effect from January 1,1986.

The army headquarters as also the air force and the naval authorities, made respondent in the case, had issued instructions saying the rank pay would be excluded while revising the pay.

This was challenged by Major Dhanpalan in 1996 in the Kerala High Court which accepted the plea for inclusion of rank pay while revising the pay of the officers. The Letter Patent Appeal (LPA) as also the Special Leave Petition (SLP) filed against the high court judgement were rejected in 2003.

It has been argued on behalf of the petitioners, the All India Defence Brotherhood, representing Brig Kiran Krishan and 145 retired officers in the rank of Lt.Col. to the Major General, that instead of forcing the individual officers to seek grant of the benefits flowing from Major Dhanapalan's judgement, the authorities concerned should implement the same in a uniform manner extending the benefit to all affected.

However, the army authorities have written back to those who had submitted representations that the issue had been referred to the Ministry of Defence which has dvised that writ petitions filed in this regard in various high courts would be contested.

After hearing the preliminary submissions by the counsel for the petitioners, the division bench of Justices Ashutosh Mohunta and R.S. Madan issued notices to the respondents for March 23 when the case would come up for further hearing.

UNI