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2022 Supreme(SC) 494

M. R. SHAH, B. V. NAGARATHNA
Union of India – Appellant
Versus
Anil Prasad – Respondent


Advocates:
Advocate Appeared:
For the Appellant(s) : Mr. Arvind Kumar Sharma, AOR
For the Respondent(s): Mr. Santosh Kumar Pandey, AOR

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

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