Armed Forces employee on reemployment in government service not entitled to his pay scales at par with his last drawn pay: Supreme Court 

Armed Forces employee on reemployment in government service not entitled to his pay scales at par with his last drawn pay: Supreme Court 

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

Background 

The respondent original writ petitioner was a Major in the Indian Army and was discharged from service. 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 respondent original 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. The original writ petitioner made a representation which came to be rejected by an order.  Thereafter the original writ petitioner preferred the writ petition before the High Court claiming that he would be entitled to his basic pay being fixed at par with his last drawn pay.  

Arguments 

ASG Aishwarya Bhati, appearing on behalf of Union of India-appellant, vehemently submitted that the impugned judgment and order passed by the High Court is on a misreading of Para 8 of CCS Orders.

She submitted that as per Para 8 of the CCS Order on reappointment, an Emergency Commissioned Officer and Short Service Commissioned Officer who join the government service will be granted advance increments equal to the completed years of service rendered by him in Armed Forces on the basic pay scale which will be equal to or higher than the pay scale of the re­employed organization i.e. the civil post/the government post and not on the last drawn pay by the personnel in the Armed Forces.

Senior Advocate Vinay Kumar Garg, appearing on behalf of the respondent, vehemently submitted that the impugned judgment and order passed by the High Court is absolutely in consonance with Para 8 of the CCS Order. 

He contended that the respondent was working as a Captain in the Army Medical Corps of the Indian Army.  In the year 2007, CRPF issued advertisement inviting applications for  the  post  of Assistant Commandant  (Medical  Officer)  to which the respondent applied. In the meantime, the respondent was released from the Indian Army.

Decision 

The division bench of Justice M. R. Shah and Justice B.V. Nagarathna said that while computing the pay of the said officers who joined the civil posts their pay cannot exceed last drawn pay by them in the armed forces. In case it exceeds then it is capped to the last drawn pay in the armed forces. Therefore, a claim for the last drawn pay in the armed forces is not a matter of right.

The court held that the pay fixation of the respondent in the government service was absolutely in consonance with para 8 of the CCS Order 1986. Para 8 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. Holding so will violate para 8 of the CCS Order.   

The court said that under the circumstances the High Court has committed a grave error in observing and holding that the retired Armed Forces personnel on re­appointment in the government service would be entitled to the last drawn pay as Armed Forces personnel. 

The court quashed and set aside the impugned judgment and order passed by the High Court. 

Case title: Union of India & Ors. v/s Anil Prasad

Citation: CIVIL APPEAL NO. 4073 OF 2022

Click here to read the Order/Judgment 

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