HARISCHANDRA REDDY P Vs. N I R D

JUDGEMENT

(1.) All these Writ Petitions involve identical points and are accordingly disposed of by a common judgment. The petitioners are allex-service personnel and have been reemployed in the National Institute of Rural Development, Government of India Organisation (for short the NIRD'). The dispute is with regard to pay fixation in the NIRD. The particulars of their da te of appointment, designation, etc., are given in table below. <FRM>JUDGEMENT_555_ALT2_1995Html1.htm</FRM>

(2.) For convenience, the facts in W.P. No.17408 of 1992 may be taken. The petitioner retired on 30-9-1983 at the age of 45 years as Subedar Clerk, non commissioned rank, after putting in 17 years of service. At the time of his retirement, he was drawing basic salary of Rs.575/- per month. On 12-6-1984, he received offer of appointment from the NIRD as Upper Division Clerk in the scale of Rs.330-10-380-EB-12-500-EB-15-560. In the offer of appointment, it is stated that his pay will be fixed according to Government of India Rules as applicable to military pensioners and reemployed in Civil Service as in force from time to time. It is also stated that he will be entitled to draw pension to which he is eligible provided that the total amount of initial pay plus the gross amount of pension must not exceed the last drawn pay. It is further stipulated that if he is retired before attaining the age of 55 years, pension may be ignored totally in fixing his pay if he was below the rank of Commissioned Officer. As final fixation was not done for nearly one year, on 10-9-1985 the petitioner requested the NIRD to fix the pay. NIRD passed order on 29-9-1986 fixing his pay at Rs.530/- with effect from 25-6-1984. The order reads as follows:

(3.) The contention of NIRD on the other hand is that the provisional pay fixation was not in accordance with rules applicable to re-employed pensioners. To appreciate the rival contentions, it is necessary to extract the relevant office memoranda. O.M. NO.8(84) F.III/57. DATED 25TH NOVEMBER. 1958