UNION OF INDIA & ORS. versus ANIL PRASAD

Citation: [2022] 3 S.C.R. 260 · Decided: 20-05-2022 · Supreme Court of India · Bench: M.R. SHAH · Disposal: Appeal(s) allowed

Judgment (excerpt)

A
B
C
D
E
F
G
H
260
SUPREME COURT REPORTS
[2022] 3 S.C.R.
   [2022] 3 S.C.R. 260
260
UNION OF INDIA & ORS.
v.
ANIL PRASAD
(Civil Appeal No. 4073 of 2022)
MAY 20, 2022
[M. R. SHAH AND B. V. NAGARATHNA, JJ.]
Service Law – Re-appointment of retired Armed Force
personnel – Fixation of Pay – Central Civil Services (Fixation of
Pay of Re-employed Pensioners) Order, 1986 – Para 8 – Respondent-
retired Armed Force personnel upon re-appointment in government
service – Whether entitled to his basic pay being fixed at par with
his last drawn pay, in view of Para 8 of the CCS Order – Held:
Para 8 of the CCS Order does not provide that on re-employment in
government service, a retired Armed Force personnel would be
entitled to his basic pay being fixed at par with his last drawn pay
– No entitlement of pay protection under Para 8 of the CCS Order
– Manner of computation of pay as envisaged under Para 8 of the
CCS Order clearly 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 – That
does not mean that respondent is entitled to a pay equal to what
was last drawn by him in the Armed Force – High Court erred in
holding that retired Armed Forces personnel on re-appointment in
the government service would be entitled to the last drawn pay as
Armed Forces personnel.
Allowing the appeal, the Court
HELD : 1.1. On a plain reading of Para 8 of the Central
Civil Services (fixation of Pay of Re-employed Pensioners) Order,
1986, it is clear that an Emergency Commissioned Officer and a
Short Service Commissioned Officer working in the Armed
Forces on his employment to a civil post shall be entitled to
advance increments equal to the completed years of service
rendered 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
they are employed. However, the pay arrived at should not exceed
the basic pay last drawn by them in the Armed Forces. Therefore,
A
B
C
D
E
F
G
H
261
on a true interpretation of Para 8, on re-employment in the
government service, an employee working with the Armed
Forces, on re-employment 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.
[Para 5.3][266-G-H; 267-A-B]
1.2. Para 8 of the CCS Order makes a reference to two
rates of pay in case of emergency commissioned officers and short-
service 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 other 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 5.3][267-C-E]
1.3. Applying the above in the present case, it is noted that
the respondent was fixed at the entry level of PB-3 (Rs.15,600–
Rs.39,100) in the armed forces and six advance increments equal
to the number of years the respondent served in the Indian Army
was added to the basic pay i.e. Rs.15,600/- = Rs.19,600/-. The
Grade Pay fixed in the civil post is Rs.5,400/- and hence a total of
Rs.25,080/- was the computed pay in the civil post. The said pay
of Rs.25,080/- does not exceed the pay last drawn by the
respondent in the armed forces. Hence, the pay so computed is
just and proper. [Para 5.3][267-E-G]
2.1. Para 8 of the CCS Order does not indicate that the pay
last drawn by the respondent in the armed forces should be the
pay to be computed when he joined the civil post. There is no
UNION OF INDIA & ORS. v. ANIL PRASAD
A
B
C
D
E
F
G
H
262
SUPREME COURT REPORTS
[2022] 3 S.C.R.
entitlement of pay protection under para 8 of the CCS. The manner
of computation of pay as envisaged under para 8 also clearly

Excerpt shown. Read the full judgment & AI analysis in Lexace.