Reserved On 26.11.2025 CENTRAL ADMINISTRATIVE TRIBUNAL ALLAHABAD BENCH ALLAHABAD *********

Original Application No. 550 of 2020 Allahabad this the 18^th day of December, 2025 Hon’ble Mr. Rajnish Kumar Rai, Member-J Hon’ble Ms. Manju Pandey, Member-A Bhagouti Prasad, aged about 64 years, Son of Late Badri Prasad Tiwari, presently working as Durwan, Ordnance Equipment Factory, Kanpur, Residence of Quarter No. NT/1/297, Armapur Estate, District-Kanpur-208009.

Applicant By Advocate: Shri Dharmendra Tiwari Vs.

1. Union of India through Secretary, Ministry of Defense, New Delhi.

2. The Director General, Ordnance Factory Board, Ministry of Defense, Ayudh Bhawan, 10-A Shahid Khurshid Bosh Road, Kolkata-700001.

3. The Senior General Manager/Head of Units, OEF, Kalpi Road, Kanpur.

4. The Principal Controller of Accounts, (FYS), 10-A Shahid Khurshid Road, Kolkata-700001. Respondents By Advocate: Shri Bablu Singh

O R D E R

Delivered by Hon’ble Mr. Rajnish Kumar Rai, Member (J)

Shri Dharmendra Tiwari, learned counsel for the applicant is present.

Shri Bablu Singh, learned counsel for the respondents is present.

2. By way of the instant O.A., the applicant has challenged the order dated 16.01.2020 vide which the respondents have passed an order regarding re fixation and recovery from the salary of applicant in pursuance to DOP&T O.M. dated 05.04.2010. The applicant has prayed for the following relief(s): -

“(i) To issue a writ, order or direction in the nature of certiorari quashing

the impugned order dated 06.01.2020 (Annexure No. A-1 of this OA).

(ii) To issue a writ, order or direction in the nature of mandamus commanding the respondents to not reduce pay of the applicant as well as also not make any recovery from the applicant and make payment to the applicant in view of the last pay fixation done regularly.

(iii) To issue any further writ, order or direction in favour the applicant which this Hon'ble Tribunal may deem fit and proper in the circumstances of aforesaid case.

(iv) To award the cost of this application in favour of the applicant.”

3. The facts of case, as per pleadings in the O.A., are that the applicant is an Ex Service Man and after retirement from the defence service, he joined the Ordnance Factory i.e. in the office of respondent No. 3 to the post of Durwan in the pay scale of Rs.2550-55-2660-60-3200 in the grade pay of Rs. 2550/- on 14.03.2005. Since then, he has been working without any complaint. The instant controversy arises out on implementation of 7^th Central Pay Commission (CPC) i.e. CDSRP Rule 2016. The similarly situated person’s salary was fixed w.e.f. 01.01.2018 along with applicant. Thereafter, without giving any opportunity, the respondent No. 4 has issued the impugned order dated 06.01.2020 withdrawing the pay-fixation of the applicant and other similarly situated persons who are Ex Service Man and the respondents are going to make recovery from the pay of applicant and other similarly situated persons without following due process. Hence, the applicant has filed the present O.A. for quashing the impugned order dated 06.01.2020 issued by the respondent No. 4.

4. Counsel for the respondents has submitted that the applicant was re-employed to the post of Durwan w.e.f. 21.03.2005 and the status of applicant was as Personnel Below Officer Rank (PBOR) and re-appointed in the Ordnance Factory, Kanpur. Counsel for the respondents has drawn attention to para-5 of the Short Counter Affidavit wherein specific pleading has been taken with regard to the interpretation of para-3 (v) of DOP&T O.M. dated 05.04.2010. The relevant part of the O.M. is quoted herein below: -

“In the case of personnel/officers who had retired prior to 1.1.2006 and who have been re-employed after 1.1.2006 their pay on re-employment will be fixed by notionally arriving at their revised basic pay at the time of retirement as if they had retired under the revised pay structure. This will be done with reference to the fitment table of the Defence Service Rank/Civi