The court determined that doctors receiving pensions while employed at AIIMS are 'Re-employed Persons' under applicable regulations, and the 'Pay minus Pension' formula applies prospectively, not retrospectively.

Judgment

1. The present litigation arises out of an identical controversy relating to certain doctors, who while receiving pension from the Union of India, were taken under the employment of the All India Institute of Medical Sciences, Jodhpur (for short, ‘AIIMS, Jodhpur’). The grievance of the said doctors (parties to the instant appeals i.e. appellants/respondents) is that on the strength of the provisions of All India Institute of Medical Sciences Act, 1956 (in short, ‘Act of 1956), All India Institute of Medical Sciences Regulations, 1999 (henceforth referred to as ‘Regulations of 1999’’), Central Civil Services (Fixation of Pay of Re-employed Pensioners) Orders, 1986 (for short, ‘Orders of 1986’) as well as the Circulars of the Ministry of Health, Government of India and AIIMS, Jodhpur, they are being considered and treated as re- employed persons.

1.1. For the sake of brevity and convenience, the facts and the prayer clauses are being taken from the above-numbered D.B. Civil Writ Petition No.2573/2025 (AIIMS, Jodhpur & Anr. Vs. Dr. Mahendra Kumar Garg) and D.B. Civil Writ Petition No. 4524/2025 (Dr. Mahendra Kumar Garg Vs. Union of India & Anr.), for the purpose of the present analogous adjudication.

1.1.1. The prayer clauses read as under:

Writ Petition No.2573/2025

“It is, therefore, humbly prayed that this writ petition may kindly be allowed and by issuing an appropriate writ, order or direction:

1] The Impugned Order dated 08.10.2024 (Annex.04) passed by the learned Central Administrative Tribunal, Jodhpur Bench in Original Application No.472/2023, may kindly be quashed and set aside;

2] The Original Application No.472/2023, may kindly be dismissed in toto.

3] Any other writ, order or direction which your Lordship may deem just and proper in the facts and circumstances of the case, may also kindly be issued in favor of the petitioner.”

Writ Petition No.4524/2025

“It is, therefore, most humbly and respectfully prayed that the present writ petition may kindly be allowed and:-

A] By an appropriate writ, order or direction, impugned part of the Judgment dated 08.10.2024 (Annex.1) passed by the learned Central Administrative Tribunal, Jodhpur Bench; concluding the petitioner in the “Re-employed” may please be ordered to be quashed and set aside.

B] By an appropriate writ, order or direction, it may be please be held that the petitioner was essentially appointed on “Direct Recruitment” basis by the respondent No.2 (AIIMS, Jodhpur); and thus, he is not covered within the term “Re-employment”.

C] By an appropriate writ, order or direction, it may please be held that the petitioner is not “Re-employed” as such; and therefore, the provision relating to the “Re- employment” under the AIIMS Act, 1956, AIIMS Regulations, 1999, and CCS (Fixation of Pay of Re- employed Pensioners) Order, 1986 are not applicable in the present case of the petitioner.

D] By an appropriate writ, order or direction, it may please be held that the petitioner’s appointment being on “Direct Recruitment” basis way back in the year 2018; the terms of his appointment with AIIMS, Jodhpur (Respondent No.2) cannot be changed/altered on the basis of the impugned part of the Judgment dated 08.10.2024 (Annex.1)

E] Any other appropriate order or relief which this Hon’ble Court may deem just and proper in the facts and circumstances of this case may kindly also be passed in favour of the humble petitioner.”

1.2. As the pleaded facts and record would reveal, the present writ petitions have been preferred against separate orders of same date passed by the learned Central Administrative Tribunal, Jodhpur Bench (for short, ‘Tribunal’) in the original applications preferred by certain doctors, who are also parties in the present litigation.

1.2.1. In the p