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APARESH KUMAR SINGH, DEEPAK ROSHAN
Ashwini Kumar Tiwari – Appellant
Versus
Union of India, through Comptroller and Auditor General of India – Respondent
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 t
Incorrect pay fixation for ex-servicemen due to non-application of Military Service Pay (MSP) principles after re-employment is not permissible under existing administrative guidelines.
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 Central Administrative Tribunal exceeded its jurisdiction by converting itself into an administrative authority and issuing directions out....
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.
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