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 of the re-employed post, ignoring pension, is in accordance with the relevant rules and office memorandum.

JUDGMENT :

All the writ petitioners were applicants in O.A. No. 103 of 2015 being Ex-servicemen who after retirement from Indian Air Force joined as Auditor in P.B-I (5200-20200) with grade pay of Rs.2800/-.

2. The applicants/petitioners joined as Auditor on 17.01.2013, 05.12.2012 and 21.12.2012, respectively i.e. after 01.01.2006. Their pay at the entry level was fixed at Rs.8560/- + Grade pay of Rs.2800/- against which they represented. However, since their grievances were not redressed by the respondents, they approached the learned CAT for a direction upon the respondents to refix the pay of the applicants in the pay band of Rs.5200-20200/- with entry grade pay of Rs.2800/- at par with their last pay drawn which includes pay in pay-band, grade pay, military service pay, good conduct badge pay, classification pay and X-pay ignoring pension and other benefits as per the office memorandum dated 05.04.2010 along with arrears with admissible interest from the date of their appointments. The plea was contested by the respondents. Both the parties placed their case on the basis of the DOP&T Office Memorandum No. 3/19/2009-Estt. (pay-II) dated 05.04.2010 on the subject “Applicability of CCS (RP) Rules, 2008, to person re-employed in Government service after retirement and whose pay is debitable to Civil Estimates.”

3. Learned Tribunal discussed the relevant provisions of the office memorandum and also the revised provision in the form of a table and arrived at the following findings:-

“8. It is evident that both the parties are placing their case on the basis of DoP&T OM No. 3/19/2009-Estt. (Pay-II) dated 05.04.2010 whose subject is ““Applicability of CCS (RP) Rules, 2008, to person reemployed in Government service after retirement and whose pay is debitable to Civil Estimates.” It is useful to quote the first two paragraphs of the aforesaid OMs, which are as follows:-

“(i) The undersigned is directed to refer to this Department’s O.M. No. 3/13/2008-Estt. (Pay II) dated 11th November 2008 on the above-mentioned subject. Certain references have been received seeking clarification regarding the manner of fixation of pay of retired Defence Forces personnel/officers re-employed in Central Government Civilian post, after the implementation of CCS (EP) Rules, 2008. This has been considered in consultation with Department of Expenditure. The pay fixation of reemployed pensioners on re-employment in Central Government, including that of Defence Forces personnel/officers, is being done in accordance with CCS (Fixation of pay of re-employed pensioners) Orders, 1986, issued vide this Department’s O.M. No. 3/1895-Estt. (Pay II) dated 31st July, 1986 (as revised from time to time).

(ii) After the introduction of the system of running pay bands and grade pays, it has been decided to amend the relevant provisions of CCS (fixation of pay of re-employed pensioners) orders, 1986, in the manner indicated in the table.”

9. Thus, it is clear that the provisions of CCS (Fixation of Pay of Reemployed Pensioners) Orders, 1986 (dated 31.07.1986; which has also been referred by the applicants) has already been subsumed in the aforesaid OM dated 05.04.2010. Therefore, this OM is a self-contained instrument/authority governing the fixation of pay of reemployed pensioners. Within the larger class of the re-employed pensioners in general there is a subset of ex-serviceman for whom specific provisions have been mentioned in the table following the above two paragraphs. Therefore, we are extracting the provisions of the table applicable in the case of present applicants.