DIRECTOR GENERAL OF POSTS versus B. RAVINDRAN AND ANR.

DIRECTOR GENERAL OF POSTS versus B. RAVINDRAN AND ANR.

Government clarificatory instructions dated 30-12-1985 cannot override the statutory provisions of Civil Services Regulations or modify accrued rights; ignorable portion of pension must be excluded in pay fixation for ex-servicemen to determine hardship and advance increments.

Parties
Appellant: Director General of Posts; Respondent: B. Ravindran; Tribunal: Central Administrative Tribunal, Ernakulam
Jurisdiction
India
Judgment Date
08 November 1996
Procedural Posture
Civil Appeal / Appeal From Central Administrative Tribunal Order
Outcome
appeals dismissed
Legal Topics
Civil Services Regulations, Pay Fixation, Re Employment of Ex Servicemen, Advance Increments, Clarificatory Instructions
Service Law Administrative Law Civil Services Regulations Pay Fixation Re Employment of Ex Servicemen Advance Increments Clarificatory Instructions

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Parties

Director General of Posts

Appellant

B. Ravindran

Respondent

Central Administrative Tribunal, Ernakulam

Tribunal

Procedural Posture

Civil Appeal / Appeal From Central Administrative Tribunal Order

Legal Issues

  1. 1 Whether ignorable part of pension should be excluded when fixing pay and determining hardship for ex-servicemen re-employed in civil service after 8-2-1983
  2. 2 Whether clarificatory instructions dated 30-12-1985 can supersede statutory Civil Service Regulations and previous government orders
  3. 3 Whether advance increments are to be granted when pay plus pension post-re-employment is less than last military pay

Ratio Decidendi

Government clarificatory instructions dated 30-12-1985 cannot override the statutory provisions of Civil Services Regulations or modify accrued rights; ignorable portion of pension must be excluded in pay fixation for ex-servicemen to determine hardship and advance increments.

Court Disposition

appeals dismissed

Orders

  • Applicants entitled to advance increment for each completed year of military service in equivalent grade if minimum pay plus unignorable pension does not exceed last military pay
  • Impugned orders and 30-12-1985 clarification set aside to the extent contrary to Civil Services Regulations and earlier government orders