A direction in this regard was issued by a division bench, comprising Justice Shrikanth Tripathi, Judicial member and Lt Gen Thomas Mathew, AFT Administrative member, allowing a batch of 13 cases moved by ex-servicemen, in rank of Havildar prior to Jan 1, 2006 and granted Honorary Rank of Naib Subedar after retirement.
The petitioners belong to Kerala and Karnataka region.
The respondents have also been directed to make the payments within three months, including the entire arrears to be computed with effect from Jan 1, 2006.
However, AFT said the applicants would not be entitled to benefits for the period prior to Jan 1, 2006. The amount of Rs 100 per month which has already been paid to them after this date shall be adjusted against the due amount as per this order and payment of Rs 100 shall be discontinued.
According to the respondents, the benefit of the Jan 1 2006 order would be available only to those who retired on or after that date.
However, counsel of the petitioners stated there cannot be reasonable line of distinction between pre and post Jan 1, 2006 retirees and the distinction being drawn by the respondents have no reasonable basis.
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The bench held it was abundantly clear the Commission's recommendations was that the benefits should be available to all Honorary Ranks of Naib Subedars without any reservation or exception. Due to this reason, the expression 'all Honorary Ranks of Naib Subedars' has been used in the recommendations.
The government's June 12, 2009 letter and recommendations of the sixth Pay Commission nowhere provides that pre Jan 1, 2006 retirees would not be entitled for the benefit and it would be available only to post Jan one, 2006 retirees, the AFT held.
"We are of the view that there cannot be any just basis to make a reasonable classification between the two groups-- pre and post Jan one, 2006 retirees', the bench held.
Union Government, Chief of Army Staff, Principal Controller of Defence Accounts (Pension) are among the respondents in the case.