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SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Capt. D. B. Mathur – Appellant
Versus
Punjab National Bank – Respondent
JUDGMENT :
[Satish Chandra Sharma, J.]
1. The Appellant has approached this Court taking exception to the order dated 07.02.2022 passed by the Ld. Single Judge in W.P.(C) No. 7483/2012. In the writ petition, the Appellant sought re-fixation of his pay on the basis of the Circular No. 30/91 dated 14.08.1991 (hereinafter referred as the “1991 Circular”) issued by the Respondent.
2. The facts of the case, in a nutshell, reveal that the Appellant joined the Indian Army for pre-commissioned training on 19.01.1959 and came to be commissioned on 11.12.1962. On 08.05.1983, the Appellant was retired from the Army. After serving in the forces, on 14.08.1989, the Appellant was re-employed under the Respondent bank as a security officer. On 14.08.1991, the Respondent bank issued Circular No. 30/91 containing certain directions for fixation of pay of commissioned officers working under the bank after reemployment. The 1991 Circular provided that for the purpose of fixation of pay of such officers, the period of pre-commission training would also be taken into account while fixing pay at the time of reemployment. In terms of the 1991 Circular, this benefit was to be provided to those officers who
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.
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 court upheld the authority's reduction of the petitioner's pay due to prior erroneous fixation, confirming compliance with the Central Civil Services Rules while quashing the recovery 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.
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