Resolve Pay Anamoly Issue Which Is Adversely Affecting Morale Of Defence Forces: Punjab & Haryana High Court To Centre

The Punjab and Haryana High Court has asked the Central Government to take appropriate steps in removing pay anomaly while noting that it is adversely impacting and affecting the morale of the Defence Forces.

The Bench of Justice Fateh Deep Singh observed thus on a petition moved by Maj Gen D. N. Asija over Retiral and pension benefit complaining of pay anomaly submitting that people of ranks of Major General and above are getting lower pay/pension benefits than their juniors.

Essentially, the personnel of the Defence from the rank of Major Generals and above, are drawing lesser pay than their juniors who are Colonels and Brigadiers after implementation of the 6th Central Pay Commission.

However, before the Court, the counsel for the respondents-UOI submitted that the respondents-Ministry of Defence has taken the stand that the Ministry of Defence in consultation with the Ministry of Finance and the Department of Personnel and Training was trying to resolve the pay anomaly.

It was undertaken by him that the needful shall be done by resolving this anomaly within a period of two months and which anomaly shall be removed with the shortest possible time.

Against this backdrop, the Court disposed of the plea with directions to the respondents to take appropriate steps in removing this pay anomaly stressing that it is adversely impacting and affecting the morale of the Defence Forces. The Court has called for resolution of the issue within a period of six months.

As per a report of the Indian Express, the basis of the anomaly is the addition of the Military Service Pay (MSP) till the rank of Brigadier. Beyond Brigadier, while the MSP is subsumed and added on promotion to the rank Maj Gen, it is not added as a separate element. As a result of this, junior ranks get paid more than senior ranks.

Case title -  D.N. Asija and others v. Union of India and others

Case citation: 2022 LiveLaw (PH) 27

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