Ex. Hony Nb Sub Ram Kumar v. Union Of India & Ors.

1. Learned counsel for the petitioner states that the case of the petitioner is squarely covered by a judgment of the Regional Bench of Chandigarh Virender Singh v. UOI (OA No. 42/2010). In terms of the directions passed by the Regional Bench of Chandigarh, following are the observations made by the Court:

“If these benefits were to be extended to havildars granted honorary rank of naib subedar on or after 01.01.2006, it would introduce serious disparities with the same class and category of individuals i.e. honorary naib subedars of pre and post 01.01.2006. This would be arbitrary and discriminatory.

In view of the facts and circumstances of the case the application is allowed. Respondents No1 to 6 are directed to implement the government instructions and release the entitled pension with arrears w.e.f. 01.01.2006 to honorary naib subedars within three months of the receipt of this order.”

2. The judgment has attained finality as the apex court vide its order dated 13.12.2010 dismissed the SLP filed by the UOI. The respondents have not filed objections despite opportunities granted to them. However, looking to the facts and circumstances of the case, this petition can be decided without counter in the light of the above judgment passed by the Regional Bench at Chandigarh and affirmed by the apex court. This petition is allowed in terms of aforementioned judgment. The OA stands disposed off accordingly.