New Delhi, July 21: Major generals who retired before 1996 will have to battle it out in the Supreme Court to get the same amount of pension as their counterparts retiring thereafter.

An apex court bench headed by Justice B.P. Singh today issued a notice to 20 retired defence officers on a petition by the Centre challenging a Punjab and Haryana High Court order directing the government to ensure that the pension of major generals who retired before January 1, 1996, be brought on a par with those who retired after them.

The high court order was passed following a plea by these 20 officers, who pointed out that major generals who retired before 1996 were drawing less pension than their subordinates who retired as brigadiers.

The anomaly could be removed only after the government reviewed the pension of major generals who retired before 1996 and brought them on a par with others, they contended.

The problem cropped up with the implementation of the Fifth Pay Commission, which recommended separate pay bands for different ranks against the existing running pay band from lieutenant to brigadier.

The running pay scale considered the number of years of service rendered by an officer and did not take into account the promotion earned except the rank pay, which varies with rank. No rank pay was, however, payable to officers holding the rank of major general and above.

Taking note of the unusual situation after the commission came into effect, the defence ministry issued instructions for removing anomalies in cases of major generals retiring after 1996, but others (who retired before 1996) continued to draw lower pension.

The officers ? 19 major generals and one air vice-marshal who retired between 1978 and 1996 ? had moved the high court after the government did not act on their representation.

Allowing their plea on May 26, 2005, the high court forwarded a copy of the order to the government in January for compliance. The Centre, thereafter, filed a special leave petition in the apex court against the order.

Although the court issued a notice to the petitioners, it observed that the government action seemed to be unreasonable and was against the fundamental right to equality.

The petitioners will now be filing their replies opposing the government contention to set aside the high court order.