BEFORE THE HON’BLE CENTRAL ADMINISTRATIVE
TRIBUNAL, PB, NEW DELHI
B RIEF NOTE
IN THE MATTER OF:
Mr. Ram Surat Yadav & Ors. versus UOI
Brief Facts: Applicants are ex-defense personnels who after their
discharge from naval services joined NTRO on re-employment. On
re-employment the pay of the applicants was not fixed on the same
grade pay as the grade pay last drawn. Therefore, several
representations were filed on the issue however the Respondent No.
1 had been responding in negative inasmuch as even a show cause
notice was issued against applicant no. 1 for bare efforts of seeking
remedy from Hon’ble Tribunal.
Issue: The applicant No. 1is not given benefit of advance increment
and his pension and pension including gratuity is not ignored while
fixing his pay on re-employment.
Reliance is placed - on A/9 @pg. 139-140 and B.S Ravindran
Judgment by Cat Bench Ernakulum (Relevant Paragraphs
¶8,10,11,14,15 and ¶20 (A/3 @pgs. 96-R,S,T, 96-Y,Z 97,
97N-R, 98D OWNWARDS)
The case of the applicants is that the entire pension and other
retirement benefits are not ignored for pay fixation, despite of DoPT
clarification given in grievance of DoPT of A-1 in grievance
registration no.1 DOPAT/P/2021/05752 dated 09.06.2021 (Annex-
19). @pg.25
List of Dates
Date Events
30.11.2011 Discharge of applicant no1 from naval services.
(D ATE OF Last Pay at the time of discharge Rs. 17810(Pay
DISCHARGE OF A-1 in Pay Band) + Rs. 4600 (Grade Pay) + Rs. 2000
AND LAST PAY (Military Service Pay) + Rs. 1400 (X Group
DRAWN ) Pay)= Rs. 25,810/-
2016 The Applicant file OA No. 34 of 2012 before AFT
(A MENDMENT IN THE Chennai regarding the ex post facto sanction of
LAST PAY DRAWN the grant of honorary commission in the rank of
PURSUANT TO GRANT sub lieutenant to EX-MC ERAII with effect from
OF H ONORARY 15.08.2011.
COMMISSION )
The AFT vide order dated 30.04.2013 ruled in his
favour and the last pay certificate after the grant
of Honorary commission was changed from Rs.
17,1810/- to Rs. 18,590/-
As per the gazette notification 2016 the a-1’s last
pay was Rs. 18,590(Pay in Pay Band) + Rs. 5400
(Grade Pay) + Rs. 6000 (Military Service Pay) =
Rs. 29,990/-
So, the difference after implementation of AFT’s
Order Rs. 29,990- Rs. 25,810= Rs. 4180/-
23.12.2013 A-1 joined NTRO (Pay Band-II). Basic Pay at
(I NITIAL P AY IN the time of joining was fixed by NTRO = Rs.
NTRO) 12540 (Pay in Pay band) + 4600(Grade Pay)=
Rs.17,140/-.
Indian Navy last basic pay- NTRO (Basic pPay
fixed on the Date of Joining)
Therefore, the Total Loss is Rs. 25,810-Rs.17,140
= Rs. 8670/pm
The difference in the monthly basic salary was
Rs. 4180+ Rs. 8670/pm = Rs. 12.850/pm
07.10.2014 Applicant 1 submits representation regarding
(R EPRESENTATION fixation of pay on his re-employment with the
ON PAY FIXATION BY concerned. A/14 @pg. 171-172.
A PPL . 1)
05.08.2021 The Applicant No. 1 has raise his grievance
(D O PT R EPLY TO before the DoPT wherein the reply received dated
GRIEVANCE OF A PPL . 05.08.2021 mentioning the initial pay on re-
N O .1) employment to be fixed by ignoring the entire
pension and pension equivalent of retirement
benefits. A/19 @ pg. 188
07.12.2021 The applicant No.1 along with other applicants
(K EHAR S INGH OA filed an OA before this Hon’ble Tribunal which
DECISION ) came to be disposed of with direction to NTRO to
consider the representation and caselaw relied
upon by the Applicants. A/20 @pg. 189-194
17.12.2021 The Applicant No.1 filed his representation
(R EP . BY A PPL . N O . before NTRO on 17.12.2021. A/21 @pg. 195-196
1 PURSUANT TO
ABOVE OA)
12.01.2022 Respondent No.1 passed the impugned order.
(I MPUGNED ORDER
BY R ESPONDENT
N O .1)
31.08.2022 The Applicants filed OA No. 2228/2022 which
(S ECOND OA WHICH came to be disposes of vide order dated
WAS WITHDRAWN 31.08.2022. A-22 @ pg.197-199
WITH LIBERTY TO
REFILE )
IMPORTANT ANNEXURES
ANNEXURE 1 ORDER DATED 12.01.2022(IMPUGNED ORDER 1)
ANNEXURE 15 (IMPUGNED ORDER 2).
ANNEXURE-3/4- BS RAVINDRAN JUDGMENT
ANNEXURE 9 (RELEVANT PAGE 139
ANNEXURE A- 10 (LAST PAY CERTIFICATE)
ANNEXUE A13 CCS RULES
A/14 REP. BY APP.1 DT. 07.10.2014 @ 171
A/15 (NOTIFICATION FOR PBOR ON REMPLOYMENT PAY
FIXATION BY NTRO).
A-16 (HONORARY COMMISSION TO APP.1 @PG. 175
A-18 DELHI HIGH COURT JUDGMENT ON PBOR AND
COMMISSIONED OFFICER A-18 @PG. 179-187.
A-19 GREVANCE REDRESSAL REPLY FROM CONCERNED,
A-20 KEHAR SINGH JUDGMENT
A-21 REP BY APP.1 DT. 17.12.2021
A-22 EARLIER OA WITHDRAWN WITH LIBERTY TO FILE NEW
ONE.
Note: para 5 of the impugned order is in the teeth of BS Ravindran
CAT Judgment.