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OA No. 1923 of 2017
Wg Cdr Bharat Malik
COURT No.1
ARMED FORCES TRIBUNAL
PRINCIPAL BENCH: NEW DELHI
58.
OA 1923/2017
Wg Cdr Bharat Malik ….. Applicant
VERSUS
Union of India and Ors. ….. Respondents
For Applicant : Mr. Ajit Kakkar, Advocate
For Respondents : Ms. Barkha Babbar, Advocate
CORAM
HON’BLE MR. JUSTICE RAJENDRA MENON, CHAIRPERSON
HON’BLE LT GEN P.M. HARIZ, MEMBER (A)
Result:
9
OA No. 1923 of 2017
Wg Cdr Bharat Malik
(c) Refix all pensionary and post retiral benefits
accordingly.
(d) Issue all arrears and fresh PPO where applicable,
within three months of this order and submit a compliance
report.
40. In view of the fact that there are a large number of
pending cases which are similarly placed and fall into
Category A or B, this order will be applicable in rem to all
such affected personnel. Respondents are directed to take
suo moto action on applications filed by similarly aggrieved
personnel and instruct concerned PAO(OR) to verify records
and refix their pay in 6th CPC accordingly.
10. In the light of the above consideration, and the fact that
the same considerations are applicable for pay fixation of
officers and men of all the three Services, we find that the
applicant prima facie has a case and the balance of
convenience too is in his favour. We therefore, allow this OA
and direct the Respondents to:
(a) Review the pay fixed of the applicant on
promotion to the rank of Wg Cdr in Jun 2007 under
the 6
th CPC, and after due verification refix his pay
in a manner that is most beneficial to the applicant.
(b) Refix the applicant’s pay on transition into
7
th CPC as on 01.01.2016, in the most beneficial
manner, while ensuring that the applicant is not
drawing less pay than his juniors.
10
OA No. 1923 of 2017
Wg Cdr Bharat Malik
(c) Pay the arrears within three months of this
Order and submit a compliance report.
11. No order as to costs.
Pending miscellaneous application(s), if any, stands
disposed of.
(RAJENDRA MENON)
CHAIRPERSON
(P.M. HARIZ)
MEMBER (A)
/Jyoti/