SUCHET SINGH YADAV & ORS. versus UNION OF INDIA & ORS.

Citation: [2018] 2 S.C.R. 752 · Decided: 21-02-2018 · Supreme Court of India · Bench: A.K. SIKRI · Disposal: Disposed off

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Judgment (excerpt)

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SUPREME COURT REPORTS
[2018] 2 S.C.R.
SUCHET SINGH YADAV & ORS.
v.
UNION OF INDIA & ORS.
(Civil Appeal Nos. 770-771 of 2018)
FEBRUARY 21, 2018
[A. K. SIKRI AND ASHOK BHUSHAN, JJ.]
Armed Forces – Pensionary benefits – Claim for higher pay
scale – When not valid – In consequence of implementation of Fifth
Pay Commission Report, Government Order dtd. 21.11.1997 issued
with respect to “pay and allowances of Armed Force officers” –
Relying thereon, Commissioned officers of all the three wings of
Defence Forces, i.e. Army, Air Force and Navy, who had retired
prior to 01.01.1996, filed O.As. before Armed Forces Tribunal for
grant of next higher scale to one held by them at the time of retirement
– Some claims were rejected while others were allowed by Tribunal
– On appeal, held: A perusal of Order dtd. 21.11.1997 indicates
that what was conveyed by the said order was sanction of the
President for improvement of pay scales of the Officers, w.e.f.
01.01.1996 – Word used in the order is “pay scales” of the officers
with effect from 01.01.1996, which pre-supposes that improvement
of pay-scales of the Officers who are still in the establishment, has
been made– Order dated 21.11.1997 was not issued with regard to
commissioned officers, who had retired prior to 01.01.1996, nor it
provides for stepping up of the pay-scale of such retiree officers, to
a higher rank – Thus, those who were not in service on 01.01.1996
could not claim any benefit of the order dated 21.11.1997 – Further,
even order dtd. 14.01.2000 was not issued for giving any benefit to
those who retired prior to 01.01.1996 – Applicants-Commissioned
officers were not entitled for grant of benefit of higher pay scale
under Order dtd. 21.11.1997 – Orders of Tribunal extending the
said benefit to those applicants who had already retired before
01.01.1996 are set aside – Whereas, the orders of Tribunal holding
that Armed Forces Officers, who have retired before 01.01.1996
are not entitled for pensionary benefits are upheld.
  [2018] 2 S.C.R. 752
       752
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Disposing of the appeals, the Court
HELD: 1.1 The Government of India, Ministry of Defence
vide its Resolution dated 13.10.1997 had decided to implement
the Vth pay Commission Report w.e.f. 01.01.1996.  In continuation
of the above Resolution dated 13.10.1997, another order was
issued by the Ministry of Defence on 21.11.1997. A perusal of
the said order indicates that what was conveyed by the said order
was sanction of the President for the improvement of the pay
scales of the Officers, w.e.f. 01.01.1996.  The word used in the
order is “pay scales” of the officers with effect from 01.01.1996,
which pre-supposes that improvement of the pay-scales of the
Officers has been made, who are still in the establishment. Clause
(a) of the order is the basis of the claim of the applicants.  Clause
(a) consists of two separate provisions. The first part of clause
(a) states “Officers who become substantive Majors or equivalent
on or after 01.01.1996 will be granted the scale of Lt. Colonel or
equivalent…..,”.  The above clause specifically refers to those
Officers who became substantive Majors or equivalent on or after
01.01.1996.  This clause is clearly inapplicable with regard to
present applicants. The second part of clause (a), which is relied,
is “As a one time measure, however, those who became
substantive Majors or equivalent before 01.01.1996 will be
granted the scale of Lt. Colonel or equivalent on completion of
21 years of commissioned service i.e. in their 22nd year with the
rank pay of Major”.  The above quoted portion refers to grant of
scale of Lt. Colonel or equivalent on completion of 21 years of
commissioned service, i.e., in the 22nd year with the rank pay of
Major. In the Government order dated 21.11.1997, the grant of
pay-scale of Lt. Col. or equivalent is contemplated.  The second
part of the clause (a) also refers to grant of pay-scale of Lt. Colonel
or equivalent to Armed Forces Personnel. The grant of pay-scale
in next cadre is generally in reference to existing officers. [Paras
17, 18][762-B; 763-E-H; 764-A-B]
1.2 The above view is fortified by subsequent order dated
07.06.1999 issued by the Government, which was with regard to
“implementation 
of 
Government’s 
decision 
on 
the
recommendations of the Vth CPC relating to pensionery benefits
in respect of commissioned officers and personnel below officer
SUCHET SINGH YADAV & ORS. v. UNION OF INDIA & ORS.
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