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2016 Supreme(Del) 3902

SANJIV KHANNA, SUNITA GUPTA
UNION OF INDIA – Appellant
Versus
BARUNA MADAN – Respondent


Advocate Appeared:
For the Appellant :Mr. R.V. Sinha and Mr. A.S. Singh, Advocates
For the Respondent:Mr. Shekhar Kumar, Advocate with respondent in person

JUDGMENT :

SANJIV KHANNA, J.

1. The Union of India and others have filed the present writ petition challenging the correctness of the order dated 20th December, 2012 passed by the Principal Bench of the Central Administrative Tribunal in OA 4357/2011. The impugned order partly allows the original application filed by Baruna Madan, the respondent herein.

2. The respondent was appointed under the Women Special Entry Scheme as a Short Service Commission Officer of the Indian Army in the Corp of Electronic and Mechanical Engineer (EME, for short). She had worked in the EME Corp. from 11.3.1995 to 31.3.2007.

3. The respondent was eligible and was appointed to the post of Assistant Executive Engineer against the 20% quota for re-employment of ex-servicemen. The appointment was made on 7th February, 2007 by the UPSC on the basis of open selection.

4. The dispute pertains to fixation of salary. The Tribunal in the impugned order has referred to the Central Civil Services (Fixation of Pay of Re-employed Pensioners) Order, 1986, and observed that as per Rule 4, re-employed pensioners are not entitled to protection of the scales of pay of the posts held by them prior to retirement in cases where t






























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