CENTRAL ADMINISTRATIVE TRIBUNAL CHENNAI BENCH Dated this the 25^th day of September, Two Thousand Twenty Five CORAM :

HON'BLE MR M. SWAMINATHAN. MEMBER (J)

AND HON'BLE MR. SISIR KUMAR RATHO, MEMBER(A)

S. Balasubramanian, S/o N.Sundarm, 6/302, Ganesapuram, Sirumugai, Coimbatore .. Applicant By Advocate M/s. P. Rajendran Vs.

1. Union of India rep by The Under Secretary (Pay)

Department of Personnel & Training, Ministry of Personnel, Public Grievances and Pension, Government of India, New Delhi.

2. The Assistant Director General (Estt), Department of Posts (Establishment Division)

Ministry of Communications & IT., Dak Bhawan, Sansad Marg, New Delhi.

3. The Head Record Officer, RMS ‘CB’ Division, Coimbatore .. Respondents By Advocate Ms. Shakila Anand

ORAL ORDER

(Pronounced by Hon'ble Mr. M. Swaminathan, Judicial Member (J)

This OA has been filed by the applicant seeking the following relief:

“to call for the records relating to the impugned st order of the 1 respondent in DoPT ID Note No.1101965/2015-Estt. (Pay-II), dated 28.08.2015 nd and the order of the 2 respondent in No.01- 01/2011-PAP, dated 15.09.2015 and the order of rd the 3 respondent in HRO Accts/APS Corr/2016, dated at Coimbatore 16.09.2016 and quash the said orders and direct the respondents to restore the pay rd fixation which existed before the order of the 3 respondent in HRO Accts/APS Corr/2016, dated 16.09.2016, and grant all consequential benefits to the applicant”

2. Brief facts of the case as submitted by the applicant are as follows:

The applicant is an Ex-serviceman who served in the Indian Navy for 15 years and retired before attaining the age of 55. He held posts below the rank of Commissioned Officer. Following his retirement, he was re- employed in a civil post under the Government of India. The applicant contends that his initial pay upon re-employment was fixed at a rate lower than the last pay drawn during his Defence service. As a retired Defence employee, he claims entitlement to pay fixation in accordance with OM No. 3/1/85-Estt (Pay II) dated 31.07.1986, as amended by OM No.

3/19/2009-Estt (Pay II) dated 05.04.2010. Para 4(d) of the OM states that for those retiring before the age of 55 and subsequently re-employed, pension (including PEG and other retirement benefits) shall be ignored for the purpose of initial pay fixation. Further, Para 4(d)(i) specifies that in the case of ex-servicemen below the rank of Commissioned Officer, and civilians who retired from posts below Group A, the entire pension and pension equivalent of retirement benefits shall be disregarded during initial pay fixation. According to the applicant, this implies that his initial pay should have been fixed at the same stage as his last drawn pay in Defence service, excluding the pensionary benefits. He further states that the Ministry of Finance has issued clarifications extending this pay protection benefit to ex-servicemen, and that other Government departments have implemented it accordingly. The applicant has made several representations requesting pay fixation in the re-employed post based on his last drawn pay. However, his claim was rejected by the 3rd respondent by order, dated 16.09.2016, which is now under challenge in this Original Application .

3. When the matter was taken up for hearing, the learned counsel for the respondents submitted that the issue is no longer res integra, as this Tribunal has already adjudicated a similar matter in OA No. 514/2016, by order dated 11.10.2023, wherein the OA was dismissed. Accordingly, she prayed for the dismissal of the present OA as well.

4. In response, the learned counsel for the applicant did not dispute the submission but requested liberty to make a representation before the respondents regarding the recovery, considering that an interim stay had been granted by this Tribunal and remains in effect to date.

5. Heard both the sides at length, perused the pleadings and the materials placed on record. The order of this Tribunal, dated 11.10.2