UNION OF INDIA Vs. ANIL PRASAD

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dtd. 5/10/2021 passed by the High Court of Delhi at New Delhi in Writ Petition (C) No.2135 of 2020 by which the High Court has allowed the said writ petition preferred by the respondent herein and has held that the respondent - original writ petitioner being retired 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.

(2.) The respondent - original writ petitioner was a Major in the Indian Army and was discharged from service on 15/7/2007. He was appointed as an Assistant Commandant (Medical Officer) in the Central Reserve Police Force, in the pay scale of Rs.15600.00 39100 with grade pay of Rs.5400..00 The respondent - original petitioner claimed that as on the date of his discharge from the Indian Army, he was drawing pay of Rs.28340.00 with grade pay of Rs.6600,.00 the same was entitled to be protected in terms of Para 8 of the Central Civil Services (fixation of Pay of Re-employed Pensioners) Order, 1986 (hereinafter referred to as 'CCS Order'). The original writ petitioner made a representation which came to be rejected by an order dtd. 24/4/2019. 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. Before the High Court heavy reliance was placed on the decision of the Division Bench of the High Court in the case of Government of India & Ors. Vs. Captain (Retd.) Kapil Chaudhary in Writ Petition (C) No.2331 of 2012. 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.

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