While a Major General was given a starting salary of Rs.6700/ on the basis of the recommendations of the Fourth Pay Commission, a Brigadier companyld draw Rs.5,100/ and additional rank pay of Rs.1200/ making a total of Rs.6300/ .
While the officers who retired prior to 1.1.1996 would number get the same pension as payable to a Brigadier on account of the stepping up of pension in keeping with the Fundamental Rules, the other set of Major Generals who retired after 1.1.1996 will get a higher amount of pension since they would be entitled to the benefit of the revision of pay scales after 1.1.1996.
The rank pay that was fixed was Rs.200/ , 600/ , 800/ , 1000/ and 1200/ for the ranks of Captain, Major General, Lieutenant Colonel, Colonel and Brigadier, respectively.
The anomaly arose with the acceptance by the Government of the recommendations of the Fifth Pay Commission which has created a situation whereby Brigadiers began drawing more pay than Major Generals and were, therefore, receiving higher pension and family pension than Major Generals.
The said decision of the Central Government does number address the problem of a disparity having created within the same class so that two officers both retiring as Major Generals, one prior to 1.1.1996 and the other after 1.1.1996, would get two different amounts of pension.
The larger issue involved is whether there companyld be a disparity in payment of pension to officers of the same rank, who had retired prior to the introduction of the revised pay scales, with those who retired thereafter.
ALTAMAS KABIR,J. Leave granted.
Interlocutory Application No.2 of 2006 filed by Major General S.C. Suri Retd.
The case which has been made out in the High Court in the writ petition filed by the respondent herein is that prior to revision of the pay scales from 1.1.1996 the running pay band from Lieutenant to Brigadier, irrespective of promotion, introduced on the basis of the Fourth Pay Commissions recommendations, was Rs.2300 100 3900 EB 150 4500 EB 5100.
