VERY IMPORTANT : Grant better pensionary benefits to all PBOR retirees irrespective of date of retirement and provide improved pension with effect from 1-1-1996 and not from 1-1-2006 : Punjab & Haryana High Court.
The said policy was however only implemented with effect from 1-1-2006. The same was challenged in the Hon’ble Punjab & Haryana High Court. In a major decision affecting all PBOR, the High Court has now held in Civil Writ Petition No 6223 of 2007, that the said policy would be applicable from 1-1-1996 and not from 1-1-2006 as made applicable by the Central Govt because the aim of the policy was also to remove an anomaly created by the 5th CPC. The Hon’ble Court has held that since the anomaly arose in 1996, it would have to be removed with effect from 1996 and not 2006. The Hon’ble Court has also observed the following :-
“The plea of financial constraints has been raised in respect of lowest paid employees of the Armed Forces, when all other categories of employees including services have been given the benefit. Such discriminatory treatment is wholly arbitrary.”
Maj Navdeep Singh (TA)
Advocate, Punjab & Haryana High Court
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