- In Union of India vs Anil Prasad the Hon’ble Apex Court has held that an Armed Forces employee on re-employment in a Government Service is not entitled to a pay scale at par with his last drawn pay in Armed forces.
- The petitioner before the Delhi HC was a retired Armed Force personnel who was discharged from service on 15-07-2007. Later he was employed as an Assistant Commandant (Medical Officer) in CRPF, on a pay scale of Rs. 15600 - 39100 with a grade pay of Rs. 5400. The petitioner argued that on the date of his discharge from the Indian Army, he was drawing a pay of Rs. 28340 with a grade pay of Rs. 6600.
- He argued that the same was entitled to be protected in terms of Para 8 of the Central Civil Services (fixation of Pay of Re-employment Pensioners) Order, 1986.
- The HC allowed the writ petition and held that upon re-employment in a government service, the petitioner being a retired Armed Force personnel would be entitled to his last drawn basic pay.
- Aggrieved by this order, the Union of India filed an appeal before the Apex Court. The main question which arose for consideration was whether on re-employment in the government service, an employee who was serving in the Indian Army shall be entitled to a pay scale at par with his last drawn pay.
- The Apex Court observed that 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 last drawn by the personnel in the Armed Forces. For instance, if the minimum of the scale attached to the civil post exceeds the last drawn pay of the personnel in the Armed Forces, then the last drawn pay of the Armed Forces can be paid.
- Thus, holding that the pay scale fixed for the government employee was absolutely in consonance with para 8 of the CCS Order, 1986, the appeal was allowed and the order of the Hon’ble HC was hence, quashed.
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