(Open Court)

Central Administrative Tribunal, Allahabad Bench Allahabad ****

This is the 13^th Day of January, 2026 Original Application No.53/2026 Hon’ble Mr. Justice Rajiv Joshi, Member (Judicial)

Hon’ble Mr. Anjani Nandan Sharan, Member (Administrative)

1. Manoj Kumar, Aged about 41 years, Son of Omvir Singh, presently posted as Postal Assistant at Meerut Cantt Head Post Office. Resident of B-10, Nav Shakti Dham Colony, Ganga Nagar, Rajpura, Meerut.

2. Hardan Singh, Son of Anandpal Singh, presently posted as Postal Assistant at Meerut Cantt Head Post Office. Resident of Village Khera Islampur, Post Khera Hatana, District Baghpat.

3. Ditto Sushil Rana, Son of Sushil Kumar Rana, presently posted as Postal Assistant at Meerut Cantt Head Post Office. Resident of RZ-138/344, Gali No.1C, Shivpuri, West Sagarpur, New Delhi.

………..Applicants By Adv: Shri Sachin Upadhyay Versus

1. Union of India through Secretary, Ministry of Communication, Department of Post, Dak Bhawan, Sansad Marg, New Delhi.

2. The Director General (Posts), Department of Posts, Dak Bhawan, Sansad Marg, New Delhi - 110001

3. Chief Post Master General, UP Circle, Lucknow.

4. Senior Superintendent of Post Offices, Meerut Division, Meerut.

……….… Respondents By Adv.: Shri Chakrapani Vatsyayan

O R D E R

By Justice Rajiv Joshi, Member (Judicial)

Heard Shri Sachin Upadhyay, learned counsel for the applicants and Shri Chakrapani Vatsyayan, learned counsel for the respondents.

2. Applicants have filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking for the following main relief(s):-

“(1) to direct the respondents to fix the pay of applicants as per para j of letter of appointment thereby the pay of applicant have to be fixed in ex-serviceman quota as per Ministry of Finance OM NO. 8(34) Estt- /57 dated 25.11.1958 and OM NO. FG(8)E-III/03 dated 11.04.1963, which provides that the pay of ex-serviceman appointed as clerks or storekeepers should be fixed at a stage equivalent to the number of completed years of services rendered in the Armed Forces posts and further be pleased to allow all consequential benefits after fixation of pay of applicants such as arrears of salary with interest.

(ii) to direct the respondents to decide the pending representation of applicant dated 18.09.2025 and 01.09.2025 by passing a reasoned and speaking order within a period specified by this Tribunal.”

3. Learned counsel for the applicants submitted that the applicants are ex-servicemen, who retired from the Indian Air Force/Navy after rendering long years of service and were subsequently appointed as Postal Assistants under the ex-servicemen quota pursuant to a Combined Graduate Level Examination. It is contended that para (j) of the appointment letter itself specifically provides that in case of ex- servicemen, pay fixation shall be governed by the relevant orders issued by the Government of India.

4. It is the specific case of the applicants that as per Ministry of Finance O.M. No. 8(34)Estt.-/57 dated 25.11.1958 read with O.M. No. FG(8)E- III/03 dated 11.04.1963, the pay of ex-servicemen appointed as clerks or storekeepers is required to be fixed at a stage corresponding to the number of completed years of service rendered by them in the Armed Forces. It is further submitted that these instructions have statutory force and continue to hold the field.

5. The applicants’ counsel further relied upon Para 16 of the Central Civil Services (Fixation of Pay of Re-employed Pensioners) Orders, 1986, issued vide DoP&T O.M. No. 3/1/85-Estt. (Pay-II) dated 31.07.1986, which, inter alia, provides that in cases of re-employed ex-servicemen appointed as clerks/storekeepers, their pay shall be fixed in accordance with the aforesaid Ministry of Finance instructions and the same shall not be restricted to their pre-retirement pay, and may be fixed by invoking the provisions of Fundamental Rule 27.

6. Learned counsel for the applicants also placed reliance on DoP&PW O.M. No. 28/90/