ASHWINI KUMAR TIWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) All the writ petitioners were applicants in O.A. No. 103 of 2015 being Ex-servicemen who after retirement from Indian Air Force joined as Auditor in P.B-I (5200-20200) with grade pay of Rs.2800.00.

(2.) The applicants/petitioners joined as Auditor on 17/1/2013, 5/12/2012 and 21/12/2012, respectively i.e. after 1/1/2006. Their pay at the entry level was fixed at Rs.8560.00 + Grade pay of Rs.2800.00 against which they represented. However, since their grievances were not redressed by the respondents, they approached the learned CAT for a direction upon the respondents to refix the pay of the applicants in the pay band of Rs.5200.0020200/- with entry grade pay of Rs.2800.00 at par with their last pay drawn which includes pay in pay-band, grade pay, military service pay, good conduct badge pay, classification pay and X- pay ignoring pension and other benefits as per the office memorandum dtd. 5/4/2010 along with arrears with admissible interest from the date of their appointments. The plea was contested by the respondents. Both the parties placed their case on the basis of the DOP&T Office Memorandum No. 3/19/2009-Estt. (pay-II) dtd. 5/4/2010 on the subject "Applicability of CCS (RP) Rules, 2008, to person re-employed in Government service after retirement and whose pay is debitable to Civil Estimates."

(3.) Learned Tribunal discussed the relevant provisions of the office memorandum and also the revised provision in the form of a table and arrived at the following findings:-