YASHWANT VARMA
D. B. Mathur – Appellant
Versus
Punjab National Bank – Respondent
JUDGMENT
Yashwant Varma, J. - This writ petition has been preferred seeking the following reliefs:
'(a) issue an appropriate Writ in the nature of a Writ of Certiorari or any other Resources appropriate Writ quashing the order dated 5.11.2009 passed by the General Manager, Human Resources Development Division, New Delhi of the Respondent-Bank;
(b) issue an appropriate Writ, Order or Direction directing the Respondent to re-fix the pay of the Petitioner by including an increment equivalent to 24 years of service (including pre-commissioned training period) of the Petitioner in the army with effect from 14.8.89 in accordance with Circular No. 30/91 dated 14.8.91 issued by the Respondent-Bank;'
2. The genesis of the dispute relates to the claim of the petitioner for his fitment in an appropriate scale of pay under the respondent Bank in which he came to be employed after serving in the armed Forces. The dispute had travelled earlier to this Court with the petitioner instituting W.P.(C) 2932/2005 wherein the petitioner had contended that the Bank had incorrectly fixed the initial pay of the petitioner consequent to re-employment. The aforesaid writ petition came to be dismissed by the Cour
The court reaffirmed that pay fixation for re-employed ex-Army personnel must adhere to regulations effective at their time of re-employment, rejecting claims beyond the final emoluments drawn by the....
The court established that pay fixation for Short Service Commissioned Officers must adhere to the specific circular applicable to their status, distinguishing it from that of Ex-Service men.
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 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 Tribunal affirms the principle of notional pay fixation to ensure fairness in pensionary benefits for similarly situated retired employees.
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