The Supreme Court has observed that Armed Personnel when seeking re-employment in government services cannot as matter of right ask for pay-scale at par with their last drawn salary.

The Division Bench comprising of Justice MR Shah and Justice BV Nagarathna while adjudicating upon an appeal clarified 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 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.

In the petition it has been averred that writ petitioner being Retd. Army Force Personnel upon re-appointment in the government service, would be entitled to his basic pay being fixed at par with his last drawn pay, the Union of India and others have preferred the present appeal.

The original writ petitioner made a representation which came to be rejected. 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. By the impugned judgment and order, the High Court has allowed the said writ petition and has directed the appellants to rework the pay fixation of the original writ petitioner by holding 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.

Learned ASG 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 re-employed organization i.e. the civil post/the government post and not on the last drawn pay by the personnel in the Armed Forces.

He submitted that Para 8 of the CCS Order does not speak about retaining of the last drawn basic pay or fixation at the rate of last drawn pay and that if the claim made by the respondent is allowed and it is held that on re-employment his pay fixation should be the last drawn pay in that case it violates the statutory provision of Para 8 of the CCS Order.

The Court in its anlysis re-interpreted Para 8 to that on re-employment in the government service, an employee working with the Armed Forces, on reemployment shall be entitled to advance increments equal to the completed years of service rendered by him in the Armed Forces on a basic pay equal to or higher than the minimum of the scale attached to the civil post in which he is employed.

It observed that a claim for the last drawn pay in the armed forces is not a matter of right.

"Para 8 of the CCS Order makes a reference to two rates of pay in case of emergency commissioned officers and shortservice commissioned officers being appointed in the government service: First, they may be granted advance increment equal to the completed years of service rendered by them in the armed forces on a basic pay equal to or higher than the minimum of the scale attached to the civil posts in which they are employed. The pay is to be fixed with reference to the scale attached to the civil posts in which they are employed; Second, while computing the pay in the aforesaid manner it should not exceed the basic pay last drawn by them in the armed forces. In another words, 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."

Para 8 of the CCS Order makes a reference to the civil post in which the personnel of armed force is to be employed with reference to the minimum scale of pay attached to the civil post and while computing the pay scale the last drawn pay in the armed force has no relevance in the sense that there is no pay protection that can be sought by the expersonnel of armed force, the Court stated.

Case Title: Union of India & Ors. Versus Anil Prasad

Case Details: CIVIL APPEAL NO. 4073 OF 2022; May 20, 2022

Coram: Justice MR Shah and Justice BV Nagarathna

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