U.T. CHANDIGARH & ORS. versus GURCHARAN SINGH & ANR.

U.T. CHANDIGARH & ORS. versus GURCHARAN SINGH & ANR.

The re-fixation of pay was justified under Order 4 of the Central Civil Services (Fixation of Pay of Re-employed Pensioners) Orders, 1986 and as per the option exercised by the respondent. Service rendered to the Indian Army could not be taken into account since pension and other retirement benefits were already received and not deducted from salary, making the earlier pay fixation erroneous.

Parties
Appellant: U.T. Chandigarh & Ors.; Respondent: Gurcharan Singh & Anr.
Jurisdiction
India
Judgment Date
01 November 2013
Procedural Posture
Civil Appeal / Final Judgment on Appeal From High Court
Outcome
Appeal allowed
Legal Topics
Pay Fixation, Re Employed Pensioners, Ex Servicemen Quota, Central Civil Services (fixation of Pay of Re Employed Pensioners) Orders, 1986
Service Law Pay Fixation Re Employed Pensioners Ex Servicemen Quota Central Civil Services (fixation of Pay of Re Employed Pensioners) Orders, 1986

Case Brief

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Parties

U.T. Chandigarh & Ors.

Appellant

Gurcharan Singh & Anr.

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the re-fixation of pay of re-employed ex-serviceman was correct under relevant orders
  2. 2 Whether previous service in Indian Army should be considered for pay fixation on re-employment

Ratio Decidendi

The re-fixation of pay was justified under Order 4 of the Central Civil Services (Fixation of Pay of Re-employed Pensioners) Orders, 1986 and as per the option exercised by the respondent. Service rendered to the Indian Army could not be taken into account since pension and other retirement benefits were already received and not deducted from salary, making the earlier pay fixation erroneous.

Court Disposition

Appeal allowed

Orders

  • High Court order quashed and set aside
  • Order of Central Administrative Tribunal restored