JUDGMENT

SANJEEV NARULA, J. (Oral):

1. These matters concern retired defence officers who, after leaving military service, were selected by Engineering Projects (India) Ltd.,¹“EPIL” a Central Public Sector Enterprise,²“CPSE” through a recruitment advertisement. Their pay was fixed at the minimum of the applicable pay scales and no pay protection with reference to their last drawn military pay was granted. Years later, EPIL sought to deduct the defence pension drawn by the Petitioners from the salary paid by EPIL and, for that purpose, directed them to furnish pension particulars for refixation of pay. The Petitioners challenge that course of action as arbitrary, unreasonable, contrary to the governing policy framework, and irreconcilable with the pay fixation consciously made and acted upon by EPIL itself.

2. Both writ petitions assail individual communications dated 27th May, 2019 issued to each of the Petitioners, as well as the common order dated 12th June, 2019. The communications dated 27th May, 2019 required the Petitioners to furnish pension details so that their pay could be refixed after subtracting pension. Thereafter, by the communication dated 12th June, 2019, the Respo