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.

ORDER

By Hon’ble Mr. Rajveer Singh Verma, Member (J) :-

The present applicants are the ex-servicemen retired from the Indian Army when they were below the rank of Commissioned Officers and retired below attaining the age of 55 years. They were re-employed in the Northern Railway under DRM Office, New Delhi as Trackmen/Gatemen/Khalasies/Helpers. On their re-employment, the respondents did not correctly fix their pay and give the benefit of M.S.P (Military Service Pay), ignoring the Office Memorandum dated 05.04.2010 issued by the DOP&T, which says that pension received from earlier service would be ignored in respect to the candidates who retired from military service on the posts which were below rank of Commissioned Officer and who were less than 55 years of age at the time of retirement. Aggrieved, the applicants preferred representation signed by applicant No.1 in a representative capacity, to which the respondents did not respond. In the meantime, General Manager (Western Railway), Mumbai had issued instructions for fixation of pay of the ex-servicemen re-employed in the Railways vide letter dated 18.06.2014. Para 5 of the letter dated 18.06.2014 issued by Western Railway, Mumbai reads as under :-

“(5)(i) The benefit of ignoring the entire pension is to be given only for those ex- servicemen who retired before attaining the age of 55 years and held posts below commissioned officer rank in the defence forces at the time of their retirement and their pension will not be deducted from the.....

(ii)The ex-servicemen retired at the age of 55 years and above shall not be granted such benefits and therefore an amount equivalent to the revised pension is to be deducted from the pay so fixed. All allowance will be continued on last pay drawn so fixed and then in total revised amount equivalent to pension is to be deducted.”

2. In view of the aforesaid Notification, the pay of the ex-servicemen on re-employment has to be fixed, keeping in view the last pay drawn and ignoring the entire pension in respect of those who held the posts below Commissioned Officers while Rs.4000/- of the pension in respect of those who retired as Commissioned Officers had to be ignored while fixing their pay. However, the respondents fixed the pay of the applicants in pay scale of Rs.5200-20200 with grade pay of Rs.1800/-, without taking into consideration the MSP. Hence, the present OA has been filed by the applicants under Section 19 of the Administrative Tribunals Act , 1985, seeking the following relief(S) :-

“8.1 That the Hon'ble Tribunal may be graciously be pleased to allow this application and direct the respondents to provide all the relevant records in which the representations of the applicants have been considered.

8.2 That the Hon'ble Tribunal may further be pleased to direct the respondents to fix the pay of the applicants as per notification dt. 5-4-2010 which was circulated/adjudged by railway board vide RB No. E(G)/2010/EM/1/2, dt. 12-12-2011 (RBE No. 167/2011)

8.3 That the Hon'ble Tribunal may also be pleased to direct the respondents to give all consequential benefits to the applicants after carefully fixing their pay.

8.2 That the Hon‟ble Tribunal may further graciously be pleased to pass any other or further order as may be deemed fit and proper on the facts and circumstances of the case.

8.3 That the Hon'ble Tribunal may further be graciously pleased to grant costs against the respondents and in favour of the applicant.”

3. The contention of the applicants is that the respondents wrongfully ignored the notification dated 05.04.2010 in terms of which a special provision in respect of the army men having retired before attaining the age of 55 years has been provided, which clearly provides that pay will be fixed taking into consideration MSP for Commissioned Officers as well as Non-Commissioned Officers but the