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N. UNNI KRISHNAN NAIR
Amiya Kr. Das – Appellant
Versus
Vijaya Bank – Respondent
JUDGMENT :
N. UNNI KRISHNAN NAIR, J.
Heard Mr. K. R. Patgiri, learned counsel for the petitioner. Also heard Mr. H.Buragohain, learned counsel appearing for the respondents.
2. The petitioner, by way of instituting the present proceeding, has prayed for a direction for fixation of his pay on his re-employment with the respondent Bank as an Armed Guard, by reckoning the pay he was so drawing prior to his retirement from the Army.
3. The petitioner herein, is an Ex-Army personnel, who had retired from the Army on 31.07.2009. Thereafter, the petitioner, applied for the post of Armed Guard with the respondent no. 1 Bank. On his selection for the said post, the respondent no. 1 Bank had vide communication dated 19.04.2014, offered appointment to the petitioner as a Probationary Armed Guard in the subordinate staff cadre of the Bank. In terms of the said communication dated 19.04.2014, the appointment of the petitioner was to be so effected in the scale of pay of Rs. 5850-11350/-, along with other allowances as may be applicable. The petitioner, on joining his services, was authorized a Basic pay of Rs. 6900/- along with Dearness Allowance of Rs.
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.
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 established that re-fixation of pay for re-employed ex-servicemen must be prospective and prohibits recovery of previously overpaid amounts based on erroneous interpretations.
The court emphasized that retrospective deductions for re-fixation of pay are not permissible when based on erroneous salary calculations involving components like Military Service Pay.
The court affirmed that recovery of excess pay based on an erroneous inclusion of Military Service Pay is unjustified, emphasizing adherence to proper guidelines for pay fixation.
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....
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