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DELHI HIGH COURT
MANMOHAN, NAVIN CHAWLA
Anil Prasad – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioner's pay fixation claims. (Para 1 , 2) |
| 2. arguments regarding ccs order interpretation. (Para 3 , 4) |
| 3. court's agreement with previous interpretation. (Para 5 , 6 , 7) |
| 4. entitlement to last drawn basic pay. (Para 8) |
| 5. orders for re-working pay fixation. (Para 9 , 10) |
JUDGMENT
Navin Chawla, J. (Oral) The petition has been heard by way of video conferencing.
1. This petition has been filed by the petitioner contending that the respondents have wrongly fixed his basic pay at the rate of Rs.19,680 with grade pay of Rs.5,400 instead of Rs.28,340 with grade pay of Rs.6,600, thereby wrongly implementing Paragraph 8 of the Central Civil Services (Fixation of Pay of Re-employed Pensioners) Order, 1986 (hereinafter referred to as the `CCS Order').
2. The learned counsel for the petitioner submits that the petitioner was a Major in the Indian Army and was discharged from the services 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 - Rs.39,100 with grade pay of Rs.5,400 vide appointment letter dated 30.06.2006. The petitioner claims that as on the date of his discharge fr
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.
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.
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.
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 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....
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....
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