Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law – Re-appointment of retired Armed Force personnel – Fixation of Pay |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | 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. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 620 |
Petitioner | Union Of India & Ors. |
Respondent | Anil Prasad |
SCR | [2022] 3 S.C.R. 260 |
Judgement Date | 2022-05-20 |
Case Number | 4073 |
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