CASE TITLE:
Union Of India Vs Anil Prasad
DATE OF ORDER:
20TH MAY,2022
JUDGE(S):
Hon’ble Justices MR Shah and BV Nagarathna
PARTIES:
PETITIONERS:UNION OF INDIA
RESPONDENT: ANIL PRASAD
IMPORTANT PROVISION
Order of the Central Civil Services (Fixation of Pay of Reemployed Pensioners), 1986
SUBJECT
The Supreme Court stated that an Armed Forces employee who is rehired in government service is not entitled to pay scales equal to his last drawn pay in the Armed Forces.
BRIEF FACTS
- The writ petitioner in the Delhi High Court was a Major in the Indian Army who was discharged on July 15, 2007. Later, he was appointed as an Assistant Commandant (Medical Officer) in the Central Reserve Police Force, with a pay scale of Rs.15600-39100 and a Rs.5400 grade pay.
- The writ petitioner claimed that because he was drawing pay of Rs.28340 with a grade pay of Rs.6600 on the date of his discharge from the Indian Army, he was entitled to protection under Paragraph 8 of the Central Civil Services (fixation of Pay of Reemployed Pensioners) Order, 1986.
- Allowing his writ petition, the High Court ruled that the original writ petitioner, a retired Armed Forces personnel, would be entitled to his basic pay being fixed at par with his last drawn pay upon reappointment in government service.
QUESTION RAISED
Whether an employee who served in the Indian Army/Armed Forces on reemployment in the government service is entitled to pay scales equal to his last drawn pay or not?
ANALYSIS BY THE COURT
The bench referred to Paragraph 8 of the CCS order and noted that it does not provide that a retired Armed Forces personnel would be entitled to his basic pay being fixed at par with his last drawn pay upon reemployment in Government Services. It states that the pay should not be higher than the respondent's last basic pay (including deferred pay but excluding other emoluments) in the armed forces.In the present case, it is noted that the respondent was assigned to the armed forces at the entry level of PB3 (Rs.15,600–Rs.39,100) and that six advance increments equal to the number of years the respondent served in the Indian Army were added to the basic pay, i.e. Rs.15,600/ = Rs.19,600/. The grade pay in the civil service is Rs.5,400/, so the total pay in the civil service was Rs.25,080/.
CONCLUSION
- The Court observed the reference to the last drawn pay in the armed forces is only to ensure that the pay computed in the civil post in the manner envisaged in para 8 of the CCS Order does not exceed the basic pay (including deferred pay but excluding other emoluments) last drawn by armed forces personnel.
- For example, if the minimum of the scale attached to the civil post is higher than the last drawn pay of the personnel in the armed forces, and the pay for the civil post as envisaged under paragraph 8 of the CCS exceeds this amount, the last drawn pay in the armed forces may be paid.
- The said Rule prohibits fixing a pay higher than the basic pay (including deferred pay but excluding other emoluments) last drawn by armed forces personnel in respect of the civil post to which an ex-armed force personnel is appointed. Thus, if the computation of pay exceeds the last drawn pay in the armed forces, the last drawn pay of such a personnel can possibly be fixed.
- As a result, the bench concluded that the respondent's pay fixation in the government service was entirely consistent with Paragraph 8 of the CCS Order 1986.
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