Summary
A Short Service Commissioned Major in the Army Medical Corps, discharged in 2007 while drawing basic pay of Rs 28,340 with grade pay Rs 6,600 in pay band Rs 15,600–39,100, was appointed in 2009 as Assistant Commandant (Medical Officer) in the CRPF in the same pay band with grade pay Rs 5,400. He was given six advance increments for his years of Army service on the minimum of the band, yielding Rs 25,080 including grade pay. Claiming under paragraph 8 of the Central Civil Services (Fixation of Pay of Re-employed Pensioners) Orders, 1986 that his pay should be fixed at his last drawn Army pay, he succeeded before the Delhi High Court. The Supreme Court allowed the Union's appeal.
Issues
- Whether, on re-employment in a civil post, an Emergency or Short Service Commissioned Officer is entitled under paragraph 8 of the CCS (Fixation of Pay of Re-employed Pensioners) Orders, 1986 to have his basic pay fixed at par with the pay last drawn in the Armed Forces.
Provisions considered
- Paragraph 8, Central Civil Services (Fixation of Pay of Re-employed Pensioners) Orders, 1986The officer is granted advance increments equal to completed years of Armed Forces service on a basic pay equal to or higher than the minimum of the scale of the civil post; the last drawn Armed Forces pay is relevant only as a ceiling which the pay so computed must not exceed, and if the computation exceeds it the pay may be capped at the last drawn pay. There is no entitlement to pay protection at the last drawn pay. (¶¶ 5.2, 5.3, 5.4)
Held
- Paragraph 8 refers to two figures: pay computed on the civil post's scale with advance increments, and the last drawn Armed Forces basic pay which that computed pay may not exceed. A claim to the last drawn pay is therefore not a matter of right; the respondent's pay of Rs 25,080 — minimum of the band plus six increments plus the civil post's grade pay of Rs 5,400 — did not exceed his last drawn pay and was just and proper. (¶ 5.3)
- Holding that a retired Armed Forces officer is entitled on re-employment to have his basic pay fixed at his last drawn pay would violate paragraph 8; the High Court committed a grave error in so directing and its judgment is unsustainable. (¶¶ 5.4, 6)
Result
Appeal allowed; the Delhi High Court's judgment of 05.10.2021 in W.P.(C) No. 2135 of 2020 directing re-fixation of the respondent's pay at his last drawn Army pay quashed and his writ petition dismissed. No order as to costs.