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Judgment
Mukundakam Sharma, J.—The only issue that arises for our consideration in these writ petitions is whether while fixing the pay of the re-employed persons, enhanced portion of the military pension is to be ignored or not. Our attention has been invited to a decision of this court delivered placing reliance upon the decision of the Supreme Court in Union of India and Ors. v. G. Vasudevan Pillai and Ors. reported in JT (1991) CSIF 417. In the aforesaid decision of the Supreme Court , it has been held that the respondent could not deduct the military pension in the absence of any terms and conditions stipulated at the time of re-employment. It was also held that the decision to reduce the enhanced pension from pay of those ex-serviceman only, who were holding civil posts on 1.1.88 following the re-employment is unconstitutional. The Division Bench of this court in H.C./G.D. Riazul Hag v. UOI and Ors. in CWP 224/96 decided on 13.2.1997 has also taken a similar view that the respondent cannot deduct the amount from enhanced military pension.
In view of the aforesaid settled position of law, we are satisfied that these writ petitions could also be allowed holding that the impugned decision and action of the respondent to deduct enhanced military pension or any part thereof from he pay of the petitioners is illegal and without jurisdiction. The impugned orders, Therefore, stand quashed and are set aside.
It is directed that the respondents shall re-fix the pay of the petitioners ignoring the enhanced military pension. The respondents are further restrained from making any recovery of the alleged arrears. It is also made clear that in case any amount has been recovered from the petitioners, the same shall be duly paid to the petitioners within eight weeks from today.
The writ petitions are accordingly allowed in the aforesaid terms. Let a copy of this order be sent to D.O.P and T of the Government of India with a direction to them to ensure that these orders are complied with in future, in other similar cases, as well.