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S. M. SUBRAMANIAM, C. KUMARAPPAN
State Bank of India Rep. by its Chairman – Appellant
Versus
M. L. Johnson (Ex-SBI, Chennai) – Respondent
JUDGMENT :
C.KUMARAPPAN, J.
Prayer: Writ Appeal filed under Clause 15 of Letters Patent praying to set aside the order dated 27.11.2019 passed in W.P.No.22846 of 2004.
The appellants herein are the respondents 2 and 3 before the Writ Court. The Writ petitioners are arrayed as the respondents 1 and 2 herein. The first respondent in the writ petition is arrayed as the 3rd respondent in the Writ Appeal.
2. The intra-Court appeal has been filed against the order passed by the learned Single Judge vide order dated 27.11.2019 granting the relief as prayed for by setting aside the impugned pay fixation dated 19.06.2004.
3. For convenience sake the parties will be referred to according to their litigative status before the Writ Court.
4. The brief facts which are necessary for the disposal of the instant intra-Court appeal is that; the writ petitioners admittedly are the Short Service Commissioned Officers released from Army Service. After their Army service, they joined the respondent-Bank as the Security Officers in Junior Management Grade. They were appointed in the Bank with a scale of pay of Rs.700-4-900-5-1100-1800. However, their last pay drawn in the Army was Rs.1,200/-. It appears that
The court established that pay fixation for Short Service Commissioned Officers must adhere to the specific circular applicable to their status, distinguishing it from that of Ex-Service men.
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....
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 ruled that recruitment rules existing at the time of advertisement govern terms of appointment, and any retrospective application of subsequent rules is unconstitutional and violates the pr....
The decisions of expert bodies like the Pay Commission in the matter of pay-scale fixation are not ordinarily subject to judicial review.
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.
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