Ex- Personnel Of Armed Force Reemployed In Govt. Services Not Entitled To Pay Scales At Par With His Last Drawn Pay: Supreme Court

The Supreme Court observed that an Armed Forces employee on reemployment in government service is not entitled to his pay scales at par with his last drawn pay in Armed Force.

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 Central Civil Services (fixation of Pay of Re­employed Pensioners) Order, 1986 does not exceed the basic pay (including the deferred pay but excluding other emoluments) last drawn by the personnel in the armed forces, the bench comprising Justices MR Shah and BV Nagarathna observed.

The writ petitioner before the Delhi High Court was a Major in the Indian Army and was discharged from service on 15.07.2007. Later he was appointed as an Assistant Commandant (Medical Officer) in the Central Reserve Police Force, in the pay scale of Rs.15600 ­- 39100 with grade pay of Rs.5400. The writ petitioner claimed that as on the date of his discharge from the Indian Army, he was drawing pay of Rs.28340 with grade pay of Rs.6600, the same was entitled to be protected in terms of Para 8 of the Central Civil Services (fixation of Pay of Re­employed Pensioners) Order, 1986. Allowing his writ petition, the High Court held that that upon reappointment in government service the original writ petitioner being a retired Armed Force Personnel would be entitled to his basic pay being fixed at par with his last drawn pay.

The issue raised in the appeal filed by the Union of India was whether on re­employment in the government service, an employee who was serving in the Indian Army/in the Armed Forces shall be entitled to his pay scales at par with his last drawn pay?

To answer this issue, the bench referred to Para 8 of CCS order and noted that it does not provide that on reemployment in Government Services a retired Armed Force personnel would be entitled to his basic pay being fixed at par with his last drawn pay. It stipulates that the pay so arrived at should not exceed the basic pay (including the deferred pay but excluding other emoluments) last drawn by the respondent in the armed force. 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 CCS Order does not exceed the basic pay (including the deferred pay but excluding other emoluments) last drawn by the personnel in the armed forces. 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 force and while computing the pay for the civil post as envisaged under para 8 of CCS if it so exceeds then possibly the last drawn pay in the armed forces could be paid. The said Rule proscribes fixation of a pay exceeding the basic pay (including the deferred pay but excluding other emoluments) last drawn by the personnel in the armed forces in respect of the civil post to which an exarmed force personnel is appointed. Thus, in a case where computation of pay exceeds last drawn pay in the armed forces then, in such a situation possibly the last drawn pay of such a personnel can be fixed."

The bench therefore observed that the pay fixation of the respondent in the government service was absolutely in consonance with para 8 of the CCS Order 1986.

Case details

Union of India vs Anil Prasad | 2022 LiveLaw (SC) 513 | CA 4073 OF 2022 | 20 May 2022

Coram: Justices MR Shah and BV Nagarathna 

Headnotes

Central Civil Services (Fixation of Pay of Re­employed Pensioners) Order, 1986 ; Para 8 - On re­employment in the government service, an employee who was serving in the Indian Army/in the Armed Forces not entitled to his pay scales at par with his last drawn pay - 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 CCS Order does not exceed the basic pay (including the deferred pay but excluding other emoluments) last drawn by the personnel in the armed forces. (Para 5-6)

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