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DELHI HIGH COURT
MANMOHAN, NAVIN CHAWLA
Manish Kumar Singh – Appellant
Versus
Union of India – Respondent
JUDGMENT
Manmohan, J. (Oral)
W.P.(C) 10902/2019 & CM APPL. 44035/2021
1. Present application has been filed by the applicant/petitioner seeking early hearing of the present petition.
2. Learned counsel for the petitioner states that this Court has already decided the issues involved in the present writ petition on 5th October, 2021 in Anil Prasad Versus Union of India & Ors., W.P.(C) 2135/2020 following the decision in the case of Kapil Chaudhary vs. Govt. of India & Ors., W.P.(C) 6701/2012.
3. Issue notice.
4. Learned counsel for the respondents has no objection to the present application being allowed.
5. Keeping in view the said fact, present application is allowed and the matter is taken up for hearing with consent of the parties.
W.P.(C) 10902/2019
6. It is pertinent to mention that the present writ petition has been filed seeking number of prayers. However, learned counsel for the petitioner states that he wishes to press only prayers `b' and `c' of the present petition seeking a direction to the respondents to fix/re-fix the pay of the petitioner at Rs.30,310/-, being the last drawn pay by the petitioner in his previous department i.e. Indian Air Force.
7. Lear
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.
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.
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 court's decision was influenced by the implementation of previous judgments and the direction to the respondents to take a final decision in parity with the previous cases.
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 emphasized the need for consistent application of benefits under the Central Civil Services (Revised Pay) Rules, reaffirming entitlements based on prior rulings in similar cases.
The main legal point established in the judgment is the limited scope of judicial review in matters of pay refixation, emphasizing the technical nature of pay fixation and the requirement for expert ....
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....
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