Former armed forces personnel reinstated in government. Services not entitled to pay tariffs at par with his last drawn salary: Supreme Court

The Supreme Court held that an Armed Forces employee was not entitled to a pay scale equal to his last Armed Forces salary upon reinstatement in government service.

The reference to last salary in the Armed Forces is only to ensure that the salary calculated in the civil post does not exceed the basic amount last, in the manner provided for in Section 8 of the Central Civil Services (Fixing the Salary of Reinstated Pensioners) Regulations 1986 emoluments (including deferred emoluments but excluding other emoluments) received by Armed Forces personnel, which Bank comprises Judges MR Shah and BV Nagarathna observed.

The clerk at the Delhi High Court was a Major in the Indian Army and was dismissed from service on 07/15/2007. He was later appointed as an Assistant Commandant (Medical Officer) in the Central Reserve Police Force on the salary scale of Rs. 15600 – 39100 with a salary of Rs. 5400. The clerk claimed that at the time of his discharge from the Indian Army he was on a salary of Rs. 28,340 with a salary of Rs. 6,600 and entitled to protection under Article 8 of the Central Civil Services (Determination of salary of re-employed pensioners). Order, 1986. The Supreme Court granted his written application, ruling that the original written applicant, who is a retired military serviceman, would be entitled, upon reinstatement to government service, to have his base salary set at the same level as his last salary.

The question raised in the Union of India Complaint was, upon reinstatement in government service, is an employee who has served in the Indian Army/Armed Forces entitled to their pay scale at the level of their last salary?

In answering this question, the Chamber referred to Article 8 of the CCS Regulations, noting that it did not provide that a retired military official, if reinstated to government service, would be entitled to have his base salary set at the level of his last reference salary. According to this, the salary determined in this way may not exceed the last basic salary (including the deferred salary, but excluding other payments) that the respondent received from the Bundeswehr. The court found:

“The reference to the military service salary last received serves only to ensure that the salary calculated in the civilian post according to § 8 CCS Regulation does not exceed the basic salary (including the deferred salary, but excluding other remuneration). last salary of the Armed Forces personnel, for example if the minimum of the scale assigned to the civilian post is higher than the last salary of the Armed Forces personnel and in the calculation of the civilian post salary as provided for under § 8 CCS if it exceeds this, the last salary could potentially be used Salary to be paid in the armed forces. The said rule prohibits the determination of a salary that exceeds the basic salary (including deferred salary, but excluding other remuneration) of personnel of the Bundeswehr in relation to the civilian post to which a certified Wehrmacht member is assigned, so that in a case in which the calculation of the salary exceeds the last salary received from the Bundeswehr, in such a case the last salary of s Such a staff can be determined.

The Chamber therefore found that the defendant’s salary fixation in civil service was entirely in line with Section 8 of the CCS Regulations 1986.

case details

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

Coram: Judges MR Shah and BV Nagarathna

top notes

Central Civil Service (Determination of Salary of Reinstated Pensioners) Order, 1986; Section 8 – Upon reinstatement in government service, an employee who has served in the Indian Army/Armed Forces is not entitled to his pay scale at the level of his last salary – The reference to the last salary in the Armed Forces is only to ensure that the salary calculated in the civil post in accordance with Article 8 of the CCS Regulations does not exceed the basic salary (including deferred salary but excluding other remuneration) last received by Armed Forces personnel. (Paragraphs 5-6)

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