140/ less than what he was getting at the time of retirement from military service.
The Tribunal set aside the impugned orders and also the clarification to the extent they were companytrary to the said declaration.
250/ in the pay scale of Postal Assistant together with unignorable part of their pension did number exceed last pay drawn by them in the Armed Force.
The orders issued by the respondents in 1985 or 1987 companytrary to the administrative instructions of 1964, 1978 and 1983 cannot be given retrospective effect to adversely affect the initial pay of ex servicemen who were re employed prior to the issue of these instructions.
Thus the G.M. dated 30.12.1985 was clarificatory in nature as it made explicit what was implicit in O.M. dated 25.11.1958.
10 p.m. and Military pension upto Rs.
As the O.M. dated 30.12.1985 was clarificatory in nature the question of giving it retrospective effect did number arise at all.
The effect of the order dated 8.2.1983 and the circular dated 30.12.1985 was that in case of a pensioner who was re employed on or after 8.2.1983 his pay was to be refixed in terms of the said order and the clarification.
A Full Bench of the Tribunal answered those questions as follows We hold that for the purpose of granting advance increments over and above the minimum of the pay scale of the re employed post in accordance with the 1958 instructions Annexures IV in O.A. No.3 of 1989 , the whole or part of the military pension of ex servicemen which are to be ignored for the purpose of pay fixation in accordance with the instructions issued in 1964, 1978 and 1983 Annexures V, V a, and VI, respectively , cannot be taken into account to reckon whether the minimum of the pay scale of the re employed post plus pension is more or less than the last military pay drawn by the re employed ex servicemen.
The said clarification was brought to the numberice of all the companycerned authorities of the postal department by the Assistant Director General of Posts by circular dated 30.12.1985 and they were directed to review all such previous cases in which the pay of the re employed pensioners ex serviceman were otherwise fixed under the Ministry of Defence order dated 8.2.1983.
An amendment to that effect was also made in Articles 521 and 526 of the Civil Service Regulations.
400/ per month and his pension on the basis of the said service was fixed at Rs.
The companytention of the applicants before the Tribunal was that it an ex serviceman on being re employed in civil service does number get by way of pay plus pension plus pension equivalent of gratuity less than the last pay drawn by him at the time of retirement then it cannot be said that fixation of his initial pay at the minimum of the prescribed pay scale has causes undue hardship to him and, therefore, his pay was number required to be fixed at a higher stage by allowing one increment for each year of service which the officer had rendered before retirement in a post number lower than that in which he is re employed.
of 25.11.1958, the whole or part of the military pension of the ex servicemen which is to be ignored for the purpose of pay fixation, can be taken into account to reckon that the minimum of the pay scale of the re employment post plus pension, is more or less than the last military pay drawn by the re employed ex serviceman for the grant of advance increments on re employment and If Yes , i.e., if it is decided that the ignorance pension also has to be reckoned for the purpose of admissibility or advance increments, whether the order issued to this effect in 1985 or 1987 can be given retrospective effect so to adversely affect the initial pay of ex servicemen who were re employed prior to the issue of these instructions.
It is number in dispute that the original order for fixation of pay of re employed pensioners was companytained in M. dated 25.11.1958.
Aggrieved by the orders passed by the Tribunal in those two applications and similar orders passed in other applications the appellants have filed these appeals after obtaining special leave of this Court.
This limit was further raised from Rs.
Following the decision of the Full Bench, O.A.No.3 of 1978 and O.A. No.15 of 1989 were disposed of by the Division Bench by declaring that the applicants were entitled to be granted one advance increment for each companypleted year of their military service in equivalent grade in fixing their pay in the post of Post Assistant with effect from the date from which they were appointed if the minimum of Rs.
125/ by Ministry of Finance O.M. dated 19.7.1978.
350/ per month.
As he had put in 11 years service in equivalent or higher grade in the Air Force his pay at the time of re employment on 29.11.83 should have been fixed at Rs.
14493 14512/96 against SLPs 10747/92,2422/93 etc.
187/ per month.
20.17.
15 p.m. should be ignored in fixing pay on re employment.
The Tribunal also directed the respondents in those applications to exclude the ignorable part of their pension while deciding whether any undue hardship was caused to the applicants by fixing their reemployment pay at the minimum of the pay scale of Postal Assistant.
4079, 4080, 4042/92, SLP C Nos.
Ravindran, Applicant in O.A. No.3 of 1989, out of which this appeal arises, after his retirement from Air Force, was re employed as a Postal Assistant on 29.11.83.
260 8 340 10 360 12 480 his pay was fixed at Rs.
4458/96, SLP C Nos.
According to him while fixing his pay and determining hardship the whole of military pension which he was getting was required to be ignored and he ought to have been granted one advance increment for each companypleted year of military service in view of the Government of India, Ministry of Finance O.M. dated 25.11.58 read with Government of India Ministry of Defence O.M. dated 8.2.83, as he was getting Rs.
He had served in the Air Force from 4.11.65 to 30.11.80.
11376/96,10486/95 10487/95 10488/95 Civil Appeal Nos.
With CA Nos.
4710/94, 3136/95, 7832/95, 2872/93, SLP C 17023/92, C.A. Nos.
He was denied this benefit and his initial pay was pegged down to the minimum of the pay scale at Rs.
As declared by the dated 19.1.1964 the Government again raised the limit in the following terms in the case of pensions number exceeding Rs.
The pension equivalent of gratuity was Rs.
On his re employment as a Postal Assistant In the scale of Rs.
As it was inclined to take a different view it raised the following two issues and referred them to a larger Bench Whether for the purpose Of granting advance increments over and above the minimum of the pay scale or re employment post in accordance with the O.M .
260/ on the ground that his case cannot be regarded as a case of hardship in view of the clarification made by the Department of Personnel and Training after companysulting the Ministry of Finance and which is companytained in the circular letter dated 30.12.85 issued by The Director General, P T. The applicant, therefore, approached the Central 6 Administrative Tribunal and challenged the said clarification and the letter dated 30.12.85 as arbitrary and against the provisions of pay taxation of re employed pensioners.
The respondents in other appeals were also denied the benefit of advance increments for the same reason and, therefore, they had also challenged before the Tribunal the said clarification and the letter dated 30.12.85.
260/ being the minimum of the pay scale.
In respect of those ex servicemen who opted to companye under those orders their pay was also to be fixed in the same manner.
By its O.M. dated 8.2.1983 Ministry of Defence issued an order by raising the limit of pension to be ignored in fixing of pay from Rs.
3864/93, 3865/93, 6226/90, 9384/95, 9416/95, 65/92, 2429/94, 15/91, 7367/93, 4369/90, 75/95, SLPC C 16076/93, C.A. No.
10472/95, 1170/96, 11949/96, 3706/92, 7187/95, 14102/95, 5344/94, 11469/94, 12383/94, 12971/94, CA.
Accordingly an O.M. was issued directing Civil pensions upto Rs.
50/ to Rs.
His last pay in the Air Force was Rs.
As stated earlier this circular and the companysequent action were the subject matter of the applications filed by the respondents before the tribunal.
125/ to Rs.
