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Rank Pay Judgement

Rank Pay Judgement



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The complete text of the judgement

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Published by: navdeepsingh.india8849 on Mar 10, 2010
Copyright:Attribution Non-commercial


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1 WP(C) 96/09 etc.ITEM NO.84 COURT NO.7 SECTION XS U P R E M E C O U R T O F I N D I ARECORD OF PROCEEDINGSWRIT PETITION (CIVIL) NO(s). 96 OF 2009SUNIL KUMAR CHAND & ORS. Petitioner(s)VERSUSUNION OF INDIA & ORS. Respondent(s)(With office report )WITH T.P.(C) NO. 56 of 2007(With Appln.(s) for stay and intervention and permissionto file addl. affidavit and office report) (For Final Disposal)W.P(C) NO. 34 of 2009(With office report)Date: 08/03/2010 These Petitions were called on for hearing today.CORAM :HON'BLE MR. JUSTICE MARKANDEY KATJUHON'BLE MR. JUSTICE R.M. LODHAFor Petitioner(s) Mr. B.B. Trikha, Adv.in WP(C) 96/09 Dr. Ramesh K. Haritash, Adv.Mr. Sanjay K. Hadala, Adv.Dr. Kailash Chand,Adv.in WP(C) 34/09 Mr. Mahabir Singh, Sr. Adv.Mr. Rakesh Dahiya, Adv.Mr. Praveen Jain, Adv.in TP(C) 56/07 Mr. Mohan Jain, ASGMr. D.K. Thakur, adv.Ms. Rohini Mukherjee, Adv.Mr. R. Balasubramaniam, Adv.Mr. Naresh Kaushik, Adv.Mrs. Anil Katiyar, Adv.Mr. D.S. Mahra, Adv.For Respondent(s) Mr. Mohan Jain, ASGMr. D.K. Thakur, adv.Ms. Rohini Mukherjee, Adv.Mr. R. Balasubramaniam, Adv.Mr. Naresh Kaushik, Adv.Mrs. Anil Katiyar, Adv. UPON hearing counsel the Court made the followingO R D E RApplication for intervention in TP(C) No. 56/2007 is allowed.The writ petitions and transfer petition are allowed in terms ofthe signed order.No order as to the costs.(Ajay Kr. Jain) (Indu Satija)Court Master Court Master(
IN THE SUPREME COURT OF INDIACIVIL ORIGINAL JURISDICTIONWRIT PETITION (C) NO. 96 OF 2009Sunil Kumar Chand & Ors. ....PetitionersVersusUnion of India & Ors. ....RespondentsWITHTRANSFER PETITION (C) NO. 56 OF 2007Union of India & Ors. ....PetitionersVersusN.K. Nair & Ors. ....RespondentsWITHWRIT PETITION (C) NO. 34 OF 2009K.K. Rohtagi & Ors. ....PetitionersVersusUnion of India & Ors. ....RespondentsO R D E RHeard learned counsel for the petitioners and Mr. MohanJain, learned Addl. Solicitor General appearing for the Union of India. Application for intervention in T.P.(C) No. 56/2007 isallowed.Since the issue involved in the writpetitions pending before the various High Courts is the same as in WritPetition(C) Nos. 96/2009 and 34/2009 pending before this Court, thistransfer petition is allowed. Writ petition Nos.11056/2006, 11128/2006, 10810/2006, 13508/2006,13497/2006 and 18176/2006 pending before the High Court of Kerala,Writ Petition No. 13904/2006 pending before the High Court of AndhraPradesh and Writ Petition Nos. 1935/2006, 1934/2006, 1957/2006 and47909/2006 pending before the High Court of Allahabadare directed to be transferred to this Court and taken onBoard.The prayer in these writ petitions under Article 32 of theConstitution is for grant of benefits awarded by a learned SingleJudge of the Kerala High Court vide his judgment dated 5.10.1998in O.P. 2448/1996 which has been affirmed by the Division Bench of theHigh Court in Writ Appeal No. 518/1999 by judgment dated 4.7.2003.
We have carefully perused the judgment dated 5.10.1998of the learned Single Judge as well as judgment dated 4.7.2003 of theDivision Bench of the High Court of Kerala and we respectfully agreewith the reasoning given therein for grant of rank pay retrospectivelyfrom 1.1.1986. We also direct interest to be paid thereon at 6% p.a. Accordingly, these writ petitions as well as the transferred writ petitions are allowed.
No order as to the costs.

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pliz clarify does it have implications on the officers in service after1.1.1986.
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