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M. R. SHAH, B. V. NAGARATHNA
Union of India – Appellant
Versus
Anil Prasad – Respondent
JUDGMENT :
M.R. SHAH, J.
1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 05.10.2021 passed by the High Court of Delhi at New Delhi in Writ Petition (C) No. 2135 of 2020 by which the High Court has allowed the said writ petition preferred by the respondent herein and has held that the respondent-original writ petitioner being retired Army Force Personnel upon reappointment in the government service, would be entitled to his basic pay being fixed at par with his last drawn pay, the Union of India and others have preferred the present appeal.
2. The respondent-original writ petitioner was a Major in the Indian Army and was discharged from service on 15.07.2007. He was appointed as an Assistant Commandant (Medical Officer) in the Central Reserve Police Force, in the pay scale of Rs. 15,600-39,100 with grade pay of Rs. 5,400. The respondent-original petitioner claimed that as on the date of his discharge from the Indian Army, he was drawing pay of Rs. 28,340 with grade pay of Rs. 6,600, the same was entitled to be protected in terms of Para 8 of the Central Civil Services (fixation of Pay of Reemployed Pensioners) Order, 1986 (hereinafter referred to as ‘CC
In reemployment in government service, an employee who was serving in Indian Army/in Armed Forces shall be entitled to his pay scales at par with his last drawn pay.
Retired Armed Forces personnel are entitled to have their re-employment basic pay fixed at par with their last drawn pay as per the CCS Order.
Pay fixation for re-employed ex-servicemen must protect total emoluments rather than individual pay components, ensuring no injustice occurs due to varying pay structures.
The court clarified that retired armed forces personnel are entitled to have their pay fixed at their last drawn salary when re-employed, as interpreted in previous judgments.
The main legal point established in the judgment is that the fixation of pay for re-employed pensioners, including ex-servicemen, at the entry level as per the entry pay in the revised pay structure ....
The main legal point established in the judgment is that the Central Administrative Tribunal exceeded its jurisdiction by converting itself into an administrative authority and issuing directions out....
The existing basic pay as on 01.01.2006 is the pay drawn in the prescribed existing scale of pay and that it can only be interpreted as the pay applicable to the post payable to the Government servan....
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