Central Administrative Tribunal - Delhi
Manmohan Sood vs Defence on 5 March, 2025
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CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
O.A./231/2023
M.A./1876/2023
Order reserved on:20.01.2025
Order pronounced on:05.03.2025
Hon'ble Mrs. Pratima K. Gupta, Member (J)
Hon'ble Dr. Chhabilendra Roul, Member (A)
1. Col Manmohan Sood
S/o Late Lajya Parkash Sood
Aged 63 yrs.
R/o House No.5678
Modren Housing Complex Manimajra, Daria,
Chandigarh 160101.
2. Shri Dharam Pal
S/o Late Bal Kishan
Aged 61 yrs.
R.o House No.133/7, Ward No.6,
Paonta Sahib, Sirmour,
Himachal Pradesh.
3. Shri Shiv Kumar Sharma,
S/o Late Babu Ram,
Aged 63 yrs.
R/o Village & PO. Nangalsalangri
Tehsil & Distt. Una
Himachal Pradesh-174303.
4. Shri Udham Singh
S/o Late Amir Chand
Aged 59 yrs.
R/o House No.2207-E, Block 15,
Sector-63, Chandigarh.
5. Shri Avtar Singh
S/o Late Joginder Singh
Aged 59 yrs.
R/o Vill. Bolewal, PO. Dulehar,
Tehsil: Haroli, District: Una
Himachal Pradesh-176601.
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6. Shri Rajesh Kumar Dhiman
S/o Late Mast Ram Dhiman
Aged 60 yrs.
R/o Vill. Gadiara, PO. Rajhoon,
Tehsil: Dhira, Distt. Kangra
Himachal Pradesh-176065.
7. Shri Ram Phal Singh
S/o Late Mehar Chand
Aged 64 yrs.
R/o House No.359, Amravati Enclave
Tehsil: Kalka, Distt. Panchkula
Haryana-134105.
8. Shri Narant Singh Rana
S/o Late Mohar Singh
Aged 61 yrs.
R/o House No.1589/4, Saini Vihar,
Phase-3, Baltana, Distt. Sas Nagar,
Mohali, Punjab-140604.
9. Shri Yashpal Singh
S/o late Bhan Singh
Aged 60 yrs.
R/o Vill-Jabbar, PO. Seul
Tehsil Dada Siba, Kangra
Himachal Pradesh-177112.
10. Shri Jasbir Singh
S/o late Sughan Singh
Aged 56 yrs.
R/o B-004 Heomitapepankdhaokali,
Zirakpur, Punjab 160014.
11. Shri Jagdish Singh
S/o Late Kali Ram Jamwal
Aged 59 yrs.
R/o VPO-Behin, Tehsil-Dhera,
Gopipur Kangra
Himachal Pradesh 177103
12. Shri Satya Pal
S/o Shri Deep Chand
Aged 64 yrs.
R/o #248, Secctor, 27 Panchkula,
Haryana 134102.
13. Shri Madan Singh
S/o late Saran Dass
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Aged 64 yrs.
R/o VPO. Mandal, Teh Dharamshala,
Kangra, Himachal Pradesh 176001.
14. Shri Patitpaban Kumar
S/o late Sakti Prashad Kumar
Aged 63 yrs.
R/o Flat No.301, Elita Garden Vista
Tower-7, Action Area-3, New Town
Kolkota 700135.
15. Shri Richhpal Singh
S/o late Mohinder Singh
Aged 63 yrs.
R/o Vill. Gadomajra, PO. Dhakansu
Rajpura, Patiala
Punjab 140401.
16. Shri Mast Ram Sharma
S/o late Dhanu Ram
Aged 55 yrs.
R/o# 1/A, New Ganesh Vihar, Dhakoli
PO. Zirakpur, Distt. Sas Nagar
Mohali, Punjab 160104.
17. Shri Ram Kumar
S/o late Sahzada Singh
Aged 60 yrs.
R/o # 1927 Sector-26
Panchkula Haryana 134112.
18. Shri Virender Singh
S/o Shri Chamail Singh
Aged 46yrs.
R/o#543, Abdulapur, Pinjore
Panchkula Haryana 134102.
19. Shri Roshan Lal
S/o late Fattu Ram Saini,
Aged 61 yrs.
R/o Flat BO.601, GHS-9, Sector-27
Panchkula Haryana 134102.
20. Shri Jiwan Kumar
S/o late Diwan Chand
Aged 58 yrs.
R/o#40-C, Aero Smart Homes
Sunny Enclave
Sector-123, Mohali
Punjab 140301.
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21. Shri Rajai Singh Thakur
S/o late Toya Ram
Aged 60 yrs.
R/o #9/2, New Ganesh Vihar
Dhakoli, PO. Zirakpur, Distt. Sas
Nagar, Mohali, Punjab 160104.
22. Shri Gurrdev Singh Dadwal
S/o late Kirpa Ram Dadwal
Aged 54 yrs.
R/o Vill. Mairikhas
Tehsil Amb, Distt. Una
Himachal Pradesh 177210.
23. Shri Kulbir Singh
S/o late Kriali Ram
Aged 58 yrs.
R/o#30, Sector -31
Panchkula Haryana.
24. Bikramjit Singh Chandel
S/o late Durga Dass
Aged 64 yrs.
R/o Flat No.602, FIR Apartment
Ansal Woodbury Society
Bhabat Road
Zirakpur, Distt-Sas Nagar
Mohali, Punjab.
25. Chander Shekhar Uprti
S/o late Anand Ballabh
Aged 64 yrs.
R/o#428, Vill. Bioghaggar
PO. Chandimandir, Panchkula,
Haryana 134107.
26. Kuldip Singh Chapora
S/o Shri Sube singh Chopra
Aged 54 yrs.
R/o#455, Sector-26, Panchkula
Haryana 134116.
27. Gulab Singh
S/o Shri Deshraj
Aged 55 yrs.
R/o# 379, Sector-4, Panchkula
Haryana 134112.
28. Gharu Ram
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S/o Late Babu Ram
Aged 63 yrs.
R/o # 1101, Sector-7B
Chandigarh 160019.
29. Bodh Raj Sharma
S/o late Ram Dhan Sharma
Aged 62 yrs.
R/o # 17, New Ganesh Vihar
Dhakoli, PO. Zirakpur,
Distt. Sas Nagar
Mohali, Punjab 160104.
30. Jai Nandan Mishra
S/o late Mohit Mishra
Aged 61 yrs.
R/o # 816, Shiv Colony Dharampur
Pinjor, Haryana 134102.
31. Tarsen Singh
S/o Shri Dayal Singh
Aged 39 yrs.
R/o Vill. Jainpur (Dera)
PO. Kalyana, Teh Shahabad Markanda
Kurukshetra, Haryana 136135.
32. Sanjeev Pathak
S/o Shri Jagdish Chand Sharma
Aged 44 yrs.
R/o # 3673, 2nd Floor, Sect.46C
Chandigarh-160049.
33. Swatantra Bdr. Kaushik
S/o Shri Yamuna Prasad
Aged 57 yrs.
R/o # 416, Sector-4
Panchkula, Haryana-134112.
34. Madan Singh
S/o Shri Bhupal Singh
Aged 50 yrs.
R/o # 27, Sector-2, Panchkula
Haryana-134112.
35. Suresh Kumar Sharma
S/o Shri Ram Ditta Sharma
Aged 59 yrs.
Flat No.602, 6th Floor, Dhakouli
Metro Tower Zirakpur Mohali,
Punjab-140603.
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36. Tasin
S/o Shri Meharban
Aged 46 yrs.
R/o Vill. Azizpur, Po. Chhat
Teh Darabassi, Distt. Sas Nagar
Mohali, Punjab 140603.
37. Kamaljit Singh
S/o Shri Ujarjar Singh
Aged 59 yrs.
R/o # 1069, Sec-2, Panchkula
Haryana-134109.
38. Kulbir Singh-II
S/o Shri Harbans
Aged 64 yrs.
R/o # 3221, Sec-35D
Chandigarh.
39. Satywan
S/o Shri Chhatar Singh
Aged 59 yrs.
R/o # 102, Nada Sahib
Panchkula, Haryana-134109.
40. Birendera Kumar Singh
S/o Shri Paramanand Singh
Aged 62 yrs.
R/o # 1701, GF Housing BD Colony
Sec-26, Panchkula
Haryana-134109.
41. Hari Pal
S/o Shri Amarnath
Aged 58 yrs.
R/o # 2102, Pipliwala Town
Manimajra, Chandigarh.
42. Kulwant Singh
S/o Shri Kaka Singh
Aged 58 yrs.
R/o Vill. Dusarna, PO. Kurali
Teh Kharar, Dist Mohali
Punjab.
43. Adarsh Kumar
S/o late Aryendra Kumar Srivastava
Aged 60 yrs.
R/o Champa Nagar Manegaon
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Inside of Kamaniya Gate
PO: Khamaria, Westland
Jabalpur-482005.
44. Anil Kumar Gautam
S/o late Ram Shiromani Gautam
Aged 59 yrs.
R/o: Vill. Badera, PO. Sakaria
Tehsil Raghuraj Nagar
Distt. Satna, MP 485113.
45. Ajaypal Singh
S/o late Ramashrya Singh
Aged 57 years
R/o: Vill & PO Atra
Tehsil Unchehara
Distt. Satna, MP-485446.
46. Chok Bahadur Gurung
S/o late B. Gurung
Aged 63 yrs.
R/o : Plot No.15, Phase II, Part I,
Chaitanya City
Mandala Road
Jabalpur, MP-482020.
47. Rajendra Kumar Nagvanshi
S/o late Ramdayal Nagvanshi
Aged 60 yrs.
R/o H.No.17/343, Ward No.16
Banjara Hills
Meenkshi Chowk
Hosangabad, MP-461001.
48. Md. Idrish
S/o Md. Khalil
Aged 59 years
R/o H.No.49, Jeevan Colony
Near Gora Bazar
Jabalpur MP-482001.
49. Vijay Kumar Sharma
S/o late Ram Naresh Sharma
Aged 59 yrs.
R/o H.No.488, Gopalpuram Colony
Mandla Road
Bilhari Jabalpur MP-482020.
50. Umakanta Behera
S/o Shri Jogendra Behera
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Aged 58 yrs.
R/o Vill. Jhagadapadhi
PO. Sahada Via Shnhut
Distt. Balasore
Odisha-756002.
51. Shakti Bahadur Singh
S/o Late Shamsher Bahadur Singh
Aged 46 yrs.
R/o Plot No.59/A, Star Dream City
Mauza Padaria
Rani Durgawati Samadhi Road
Jabalpur, MP-482021.
52. Suresh Kumar
S/o Shri Devi Sahai
Aged 55 yrs.
R/o Plot No.90,
Nishar Ka Bagicha
Gora Bazar,
Jabalpur, MP-482001.
53. Shri Sher Singh Yadav
S/o late Tota Ram
Aged 55 yrs.
R/o E-01, Puneet Vihar (A WHO)
Pocket 'G' Sector -7
Vidhyadhar Nagar
Jaipur, Rajasthan.
54. C.D. Aniyankunju
S/o Shri Damodaran
Aged 62 yrs.
R/o C-1/5, A WHO, 'C' Pocket
Sector-1, Vidhyadhar Nagar
Jaipur, Rajasthan-302039.
55. Mahender Singh
S/o late Ram Singh
Aged 64 yrs.
R/o JJA, Vidhyadhar Nagar
Sector-1, Jaipur, Rajasthan.
56. KC Sharma
S/o Shri Hari Shankar Sharma
Aged 63 yrs.
R/o Plot No.136, Ganesh Nagar
Balaji Engineering College
Benar Road
Jaipur, Rajasthan.
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57. Ravendra Kumar
S/o Shri Ram Khilari,
Aged 61 yrs.
R/o 52A, Marg No.6A
Kumawat Colony
Prem Nagar ISTC
Jhotwara, Jaipur
Rajasthan.
58. Hira Lal
S/o late Dale Ram
Aged 56 yrs.
R/o H.No.234, Gali No.1, Nehra Nagar,
Panipech, Jaipur, Rajasthan.
59. Govind Singh
S/o Late Sultan Singh
Aged 64 yrs.
R/o 267 AK, Gopalan Nagar
Khatipura, Jaipur,
Rajasthan.
60. R S. Shekhawat
S/o late Sugan Singh Shekhawat
Aged 60 yrs.
R/o H.No.3, Dev Nagar 'B'
Opp. Shri Ambay Hospital
Niwaru Road
Jhotwara, Jaipur
Rajasthan.
61. Ram Singh
S/o Shri Jang Bahadur Singh
Aged 57 yrs.
R/o H.No.B-1/10, Godara Colony
Jhotwara, Jaipur
Rajasthan.
62. D B Bora
S/o late Praphulla Chandra Bora
Aged 56 yrs.
R/o C/o Shri Surender Kumawat
Marg No.5, Kumawat Colony
Jhotwara, Jaipur
Rajasthan-302012.
63. RS Saini
S/o Shri Suraj mal Mali
Aged 57 yrs.
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R/o Plot No.5, Purohitvas
22 Godam, Jaipur
Rajasthan-302006.
64. A K Parhi
S/o late HK Parhi
Aged 62 yrs.
R/o 216, Ranjit Nagar,
Khatipura, Jhotawara, Jaipur
Rajasthan-302012.
65. Krishan Kumar
S/o late Sabhachand
Aged 44 yrs.
R/o P/No.70, Salasar City
(A Block) Niwaru Road,
Jhotwara, Jaipur,
Rajasthan-302012.
66. Cask Singh
S/o late Kamal Singh Chand
Aged 59 yrs.
R/o Plot No.D-90/91
Satyam Apartment (103), Prem Nagar
Jhotwara, Jaipur
Rajasthan-12.
67. Arvind Kumar
S/o late Shivbachan Sharma
Aged 49 yrs.
R/o Plot No.33, Saraswati Nagar
Niraru Road, Jhotwara,
Vaidji Ka Chawraha,
Jaipur-302012.
68. N K Sharma
S/o Shri Rammurti Sharma
Aged 48 yrs.
R/o Plot No.20, Saraswati Nagar
Niwaru Road, Jhotwara, Vaidji Ka
Chawraha, Jaipur-302012.
69. Dharmendra Kumar Jhuria
S/o late Mukund Ram Jhuria
Aged 46 yrs.
R/o Plot No.29, Saraswati Vihar-B
Vaidji Ka Chauraha
Niwaru Road, Jhotwara
Jaipur-302012.
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70. Om Prakash
S/o Shri Bilash Ram
Aged 61 yrs.
R/o Plot No.21, Upkar Nagar
Balaji Vihar-6,
Benar Road
Jaipur, Rajasthan.
71. KJ Varghese
S/o late KJ Joseph
Aged 62 yrs.
R/o 113-Champa Nagar,
Gujar Ki Thadi,
PO-Shyam Nagar
Rajathan-302019.
72. Sagiruddin Azad
S/o late Abdus Salam
Aged 58 yrs.
R/o 104/A, Gopal Lal Thakur Road
PO & PS: Baranagar
Kolkata-700036.
73. Amaresh Mitra
S/o late Paresh Nath Mitra
Aged 63 yrs.
R/o 3/109, Rabindra Nagar,
PO-Parnashree Behela,
Kolkata-700060.
74. Panna Lal Nayek
S/o Shri I.N. Nayek
Aged 57 yrs.
R/o Vill-Bhurka PO-Panchra
PS-Jamalpur, Distt Burdwan
WB-713401.
75. Rama Prasad Chattopadhyay
S/o late Satya Ranjan Chattopadhyay
Aged 59 yrs.
R/o 4, Chandra Kumar Roy Lane,
PO-Baranagar, Kolkata-700036.
76. Pramesh Chandra Das
S/o Shri Gokul Chandra Das
Aged 61 yrs.
R/o E-3 Rupam Plaza
4, Kenaram Ganguly Road
PO-Barisha, Kolkata-7000008.
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77. Subrata Biswas
S/o Shri Promotha Biswas
Aged 49 yrs.
R/o Vill+PO+PS-Gopal Nagar
Teh-Bongaon
Dist-North 24 Parganas
WB-743262.
78. Shankar Kumar Bharti
S/o Shri Ram Chandra Deo
Aged 45 yrs.
R/o House No.159 Street-1,
Block-D Ratiya Marg
Sangam Vihar, New Delhi-110062.
79. Anil Kumar Mondal
S/o Shri Provat Kumar Mondal
Aged 59 yrs.
R/o Vill-Barrackpur (Sree Pally)
PO-PS-Gopal Nagar
Distt-North 24 Parganas
Pin-743122 (W.B.).
80. Tushim Das
S/o Shri Jogindra Das
Aged 47 yrs.
R/o Vill-Nabapally (Palta)
PO-Bengal Enamel
Distt-North 24 Parganas
Pin-743122 (W.B.)
81. Partha Sarathi Kar
S/o late Chandi Charan Kar
Aged 55 yrs.
Vill-Rabindra Nagar
PO-Parnashree (Behala)
Kolkata-700060.
82. V.J. Kale
S/o late Jayram B Kale
Aged 49 yrs.
R/o Flat No.B-3/201, Royal Park
Navare Nagar,
Ambernath (E), Thane
Maharashtra-421 501.
83. R M Deoghare
S/o late Murlidhar M Deoghare
Aged 55 yrs.
R/o Flat No.A/B-406, Shiv
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Shrushti Chs. Ltd. Kharegaon, Kalwa,
Thane-400 605.
84. J B A Chettiar
S/o late Arpadham Chettair
Aged 59 yrs.
R/o C-103, Shree Siddhi Apartment,
Behind Bank of India, Kopri,
Thane (E), Maharashtra0400 603.
85. SS Malik
S/o Mr. Pankaj Malik
Aged 48 yrs.
R/o Shiddi Sai Kripa Cottage,
Room No.07, 1st Floor, Malvani Church,
Malad (W), Mumbai-400 095.
86. Lt. Col Seemit Kumar (Retd.)
S/o late V P Ram
Aged 57 yrs.
R/o F-1/36, Emmar, Gomti Green,
Sector-7, Gomti Nagar Exn.
Lucknow, UP-226010.
87. Hony Sub Maj Rajpati Mishra
S/o late Ram Krishan Mishra
Aged 63 yrs.
R/o H.No.64, Sainik Nagar
Raebareli Road,
Lucknow-226029 (UP).
88. Hony Sub Maj Kamlesh Chandra Shukla
S/o late R. K. Shukla
Aged 63 yrs.
R/o F-82 South City, Raebareli Road,
PO DR.BR Ambedkar University
Lucknow, UP-226025.
89. Hony Capt Dharam Deo Singh
S/o late Randhir Singh
Aged 60 yrs.
R/o H.No.133-I, Sainik Nagar
Lane NO.12, Raebareli Road
Lucknow, UP-226029.
90. Hony Sub Maj Angad Prasad Gupta
S/o late Akal Deo Gupta
Aged 63 yrs.
R/o H.No.94, Shahinoor Colony
Nilmatha, Lucknow, UP-226002.
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91. Hony Sub Maj Yogesh Chandra Singh Yadav
S/o late Chandrabali Yadav
Aged 63 yrs.
R/o H.No.344/6B, Gopesh Kunj
Vrindavan Yojana No.1
Raebareli Road
Telibagh, Lucknow-226029 (UP).
92. Ex Sub Maj (Hony LT) Ram bahadur Singh
S/o late Sadhu Singh,
Aged 57.5 yrs.
R/o H. No.3, Ashish Nursery
Opp Chinhat Police Station
Komali Road, Lucknow-227105 (UP).
93. Ex Sub Krishna Kumar Tiwari
S/o late Brij Bhushan Tiwari
Aged 63 yrs.
R/o A-240, Shantipuram Colony,
Phaphamau
Prayagraj-211013 (UP).
94. Hony Sub Maj Sher Bahadur
S/o late Shital Din
Aged 60.6 yrs.
R/o H. No.1B/120, Vrindavan
Yojana, Raebarili Road
Lucknow-226029 (UP).
95. Ex Sub Maj Srish Kumar Malviya
S/o late Durga Prasad Malviya
Aged 57.11 yrs.
R/o J-102, Celebrity Meadows,
Sushant Golf City, Ansal Api,
Lucknow-226030 (UP).
96. Ex Sub (Hony Capt.) Sanay Kumar Singh
S/o late Surendra Bahadur Singh
Aged 53.9 yrs.
R/o H. No.628M/165, Manas Vihar Colony,
Near Shakti Nagar, Indira Nagar,
Lucknow-226016 (UP).
97. Hony Sub Maj Rama Shanker Shukla
S/o late Shiv Balak Shukla
Aged 57.6 yrs.
R/o Plot No.254, Senani Vihar
Raebareli Road, Telibagh,
Lucknow-226029 (UP).
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98. Ex NB Sub Awadhesh Singh Yadav
S/o late Dadhibal Singh Yadav
Aged 59 yrs.
R/o H. No.170, Lane No.12B
Near Lakhan Public School
Sainik Nagar, Lucknow-226029 (UP).
99. Hony Sub Maj Harish Chandra Mishra
S/o late Mahesh Chandra Mishra
Aged 62.3 yrs.
R/o H. No.594KA/549/52, Sharda Nagar,
Lilmatha, Lucknow-226002 (UP).
100. EX Sub Babu Lal Yadav
S/o Shri Komal Yadav
Aged 60.2 yrs.
R/o H.No.133B, Lane No.12, Sainik Nagar,
Raebareli Road, Lucknow-226029 (UP).
101. Ex Sub Radhye Shyam
S/o late Ram Swaroop Pal
Aged 60.10 Yrs.
R/o H.No.141M, Lane No.9,
Sainik Nagar, raebareli Road,
Lucknow-226029 (UP).
102. Ex Sgt. Navin Kumar Verma
S/o Shri Narendra Prasad Verma
Aged 46 yrs.
R/o Flat No.17AH/58/F7, Neelgiri Enclave,
Sector-17, Vrindavan Yojna-4,
Lucknow-226029 (UP).
103. Hony Sub Maj Vijai Shankar Singh
S/o late Ramji Singh
Aged 61 Yrs.
R/o H.No.SS-3/483, Sector H, LDA Colony,
Kanpur Road, Lucknow-226012 (UP).
104. Hony Sub Maj Chandra Bhan Singh
S/o late Nanku Singh
Aged 61.6 Yrs.
R/o 24/821, Shridham Colony
Ekta Nagar, Kalli Paschim
RBL Road, Lucknow-226301 (UP).
105. Hony Sub Maj Hari Narayan Singh
S/o late Ram Abhilash Singh
Aged 56 Yrs.
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R/o H.No.6, Amarpali Vihar,
Near Rajdhani Hospital,
Raebareli Road, Telibagh,
Lucknow-226029 (UP).
106. Ex Sub Ram Sumiran
S/o Late Chandra Pal
Aged 59 Yrs.
R/o H.No.588KA/240A,
Pawanpuri Colony,
PO Bhadrukh, Raebareli Road,
Lucknow-226002 (UP).
107. Ex Sub Mahendra Prasad Yadav
S/o Late Pheru,
Aged 59.3 yrs.
R/o H.NO.592GHA/255
Chandra Vihar Colony,
Mohari Bagh, Kharika,
Telibagh, Lucknow-226029.
108. Hony Sub Ramjeet Singh
S/o Shri Shivraj Singh
Aged 56.6 Yrs.
R/o 8A, Himalayan City
Aurangabad Jagir,
Bijnour Road,
Lucknow -226002 (UP).
109. Hony NB Sub Rakesh Kumar Mishra
S/o late Bidur Nath Mishra
Aged 56 Yrs.
R/o H.No.171, Lane No.12B
Sainik Nagar, Raebareli Road,
Lucknow-226029 (UP).
110. Ex SGT Sorrdatt Awasthi
S/o Shri Durga Prasad Awasthi
Aged 43.2 Yrs.
R/o 2/159, Virat Khand, Gomti Nagar,
Lucknow-226010 (UP).
111. Hony ND Sub Samser Ali
S/o late Alisher
Aged 58 Yrs.
R/o H.No.5B/D-24, Sector-5
Giridhar Kunj, Awas Vikas,
Vrindavan Yojana,
Raebareli Road, Lucknow-226029 (UP).
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112. Ex NB Sub K. B. Singh
S/o late B N Singh
Aged 58.8 Yrs.
R/o H.No.55, Sainik Nagar,
Lane-6 Telibagh,
Lucknow-226029 (UP).
113. Ex Hav Bhola Prasad Yadav
S/o Shri Chandra Bali Yadav
Aged 56.6 Yrs.
R/o H.No.6A/5, Sector-6A
Vrindavan Yojna-1
Raebareli Road, Lucknow-226029 (UP).
114. Bhim Sen,
S/o late Chunni Lal Gangwar
Aged 60 Yrs.
R/o Vill Bakainiya, PO-Hafizganj,
Teh Nawabganj,
Distt. Bareilly UP-243407.
115. Jagdish Singh Dhapola
S/o late Ram Singh Dhapola
Aged 59 Yrs.
R/o Plot No.61, Sainik Enclave,
Near CRPF Gate No.2
Gouri Road, PO. Bijnour,
Lucknow, UP-226002.
116. Samar Bahadur Singh
S/o Shri Shiv Bahadur Singh
Aged 56 Yrs.
R/o H.No.937/14, Acharya
Dwivedi Nagar, Near CMO Office
Raebareli, UP-229001.
117. Suresh Pal Singh
S/o late Surya Pal Singh
Aged 54 Yrs.
R/o Plot No.-KN-890, Manas Nagar
Narayanpuri, Kanpur Road
Krishna Nagar, Lucknow-226023 (UP).
118. Ajay Kumar Singh
S/o Shri Hari Bux Singh
Aged 48 Yrs.
R/o H.No.5, PoojaVihar,
Shaheed Nagar,
PO. DR BRA University
Lucknow-226025 (UP).
18
C-3/Item-1 OA-231/2023
119. Om Prakash Tripathi
S/o Shri Wasudev Tripathi
Aged 45 Yrs.
R/o Sector06CL700, Vrindavan Yojna,
Raebareli Road,
Lucknow-226029 (UP).
120. Ram Pratap Singh
S/o late Ram Janam Singh
Aged 47 Yrs.
R/o H. No.L66, Awadhpuri, Khand-2,
Geetapuri, Khargapur,
Gomti Nagar, Lucknow-226010 (UP).
121. Hony Lt. Indra Jit
S/o Shri Laxmi Shankar Yadav
Aged 56 Yrs.
R/o H.No.350, Nilmatha
Shahinoor Colony
PO-Dilkusha
Lucknow-226002 (UP).
122. Amar Nath Jha
S/o Late Shiv Narayan Jha
Aged 58 Yrs.
R/o H.No.B-14, 592TKAL146
Defence Colony
Telibagh, Lucknow-226029 (UP).
123. Sunil Kumar singh
S/o late Babu Ram
Aged 54 Yrs.
R/o Adarsh Nagar,
Rewatapur Road,
Nilmatha Cantt.
Lucknow-226002.
124. Kundan Singh
S/o Shri Man Singh
Aged 47 Yrs.
R/o H.No.594/94/KH, Ibrahimpur
Nilmatha, Lucknow-226002 (UP).
125. Ram Krishna Pandey
S/o Shri Ramesh Chandra Pandey
Aged 55 Yrs.
R/o Plot NO.68, Shakurpur
Nilmatha, Lucknow-226002 (UP).
19
C-3/Item-1 OA-231/2023
126. Deepak Kumar Thapa
S/o Shri Khadak Bahadur Thapa
Aged 40 Yrs.
R/o H.No.592/223, Defence Colony,
Telibagh, Kharika
Lucknow-226029 (UP).
127. Bipin Kumar
S/o Shri Satya Prakash Srivastava
Aged 43 Yrs.
R/o H.NO.592K1765
Subhani Khera, Telibagh
Lucknow-226029.
128. Akhilanand Singh
S/o Shri Jagdeesh Singh
Aged 52 Yrs.
R/o H.NO.-L2T17, Kaushalpuri
Khargapur, Gomti Nagar,
Lucknow-226010.
129. Rakesh Kumar
S/o Shri Sunder Singh
Aged 44 Yrs.
R/o H.No.5921423, Rajiv Nagar
Gosiyana, Telibagh
Lucknow-226029 (UP). ...Applicants
(Through Shri Rajeev Manglik, Advocate)
Versus
1. Union of India
Through its Secretary
Ministry of Defence
South Block
New Delhi-110011.
2. The Controller General of Defence Accounts
Ministry of Defence
Ulan Batar, Rao Tularam Marg,
Palam, Delhi Cantt.
New Delhi-110010.
3. The Principal Controller of Defence Accounts
Ministry of Defence
A Block, 6th Floor
Defence Offices Complex
Africa Avenue New Delhi-110023.
20
C-3/Item-1 OA-231/2023
4. The Principal Registrar
Armed forces Tribunal
Principal Bench
West Block VIII, R.K. Puram
New Delhi-110066. ...Respondents
(Through Ms. Anuja Saxena, Advocate for AFT
And Shri Gyanendra Singh, Advocate)
ORDER
Hon'ble Dr. Chhabilendra Roul, Member (A)
1. The Original Application has been filed by the applicants, numbering 129, seeking protection from recoveries ordered by the respondents and also seeking grant of regular annual increments, HRA, DA and Transport Allowances.
2. Factual Matrix 2.1 The applicants are ex-servicemen and have been employed on contractual basis by the Armed Forces Tribunal (AFT) since 2009 onwards. The AFT was created in terms of Section 4 of the Armed Forces Tribunal Act, 2007. The AFT came into operation in the year 2009. At the time of establishment of ATF, there were no Recruitment Rules for various Groups of employees. The Recruitment Rules came into force only in 2013. In view of this, the AFT decided to expedite the Tribunal's operation by appointing personnel through re-employment, deputation, or attachment. Consequently the AFT submitted a proposal to the Ministry 21 C-3/Item-1 OA-231/2023 of Defence to fill up the sanctioned positions through re- employment of retired officials on short-duration contract basis. On 10.07.2009, the Ministry of Defence after consulting the DO&PT, approved the appointment of such officials through deputation or contract basis. The relevant extract stipulating the approval given by the Ministry is reproduced as bellow:
"3. The DOP&T has argued that they have no objection to the employment of retired Government servants on contract basis on usual terms of pay fixation viz. their pay may be fixed in such a manner that it does not exceed the last pay drawn by them in the Government. The gross pension may be deducted from the pay fixed. Such appointments may be done for a maximum period of one year and the maximum age must not exceed 62 years."
2.2 Further, the Ministry of Defence, in consultation with DOP&T, vide their letter dated 22.11.2010, approved the extension of the contractual appointments to the incumbents till the age of 64 years. The AFT and Ministry of Defence proposed for pay-fixation of the retired defence personnel re-employed in AFT and sought approval of the DOP&T. The DOP&T, vide their communication dated 16.03.2012, advised as follows:
"Reference preceding notes:
The proposal of Ministry of Defence regarding fixation of pay officers and Staff on their re-employment in the Armed Forces Tribunal (AFT) on contract basis has been considered in this Department.
2. M/o Defence are advised that:
(i) Contractual employees continue to be governed by the CCS (fixation of pay of re-employed pensioners) Orders, 1986 issued vide this Department's OM 22 C-3/Item-1 OA-231/2023 No.3/1/85/-Estt. (Pay-II) dated 31/7/1986 including OM No.3/19/2009-Estt. (Pay-II) dated 5/4/2010.
(ii) Details given by the M/o Defence are not sufficient.
They may therefore, see the pay-fixation of the officers/staff w.r.t. this Department's OM No.3/13/2008-Estt. (Pay-II) dated 11/11/2008 read with the clarifications issued vide the above O.M dated 5/4/2010.
Sd/ (Mukesh Chaturvedi) Deputy Secretary XXX"
2.3 In pursuance to the above advice by DOP&T, the Ministry of Defence advised AFT in the following terms:
"Subject: Fixation of pay in respect of re-employed pensioners on Contract basis.
Reference: Principal Bench, AFT's I.D.No.21(13)/2011/AFT dated 30.12.2011 on the subject mentioned above.
2. The matter has been examined in consultation with the Department of Personnel and Training. Enclosed please find a copy of Department of Personnel & Training, Estt. (Pay-II) Section's I.D.No.3/2/2009-Estt.(Pay-II) dated 16th March, 2012, which is self-explanatory.
3. In view of the position stated in DOP&T's note dated 16th March, 2012 referred to above. The pay of contractual employees may be fixed in accordance with the provisions contained in DOPT's O.Ms dated 31.07.1986, 11.11.2008 read with O.M dated 05.04.2010.
Sd/-
(Naveen Kumar) Director (AG-II)"
2.4 However, the Ministry of Defence, after re-examining the matter communicated revised advice vide ID Note dated 27.06.2012 in the following manner:
"Subject: Fixation of pay in respect of re-employed pensioners on contract basis.
Reference: Principal Bench, AFT's
1.D.No.21(13)/2011/AFT dated 14.06.2012 on the subject mentioned above.23
C-3/Item-1 OA-231/2023
2. Proposal has been re-examined in this Ministry. DOP&T has made it very clear that contractual employees continue to be governed by their O.M.s dated 31.07.1986 and 05.04.2010. As such, there is no need to seek any further clarification from DOP&T in respect of para 1 of O.M. dated 11.11.2008.
3. CCS (Revised Pay) Rules, 2008 notified vide notification dated 29th August, 2008 were not applicable to re-employed pensioners and contractual employees (Rule 2(2)(vi) and (vii) of Notification dated 29th August, 2008 refers). However, vide para 1 of DOP&T O.M. dated 11.11.2008 in partial modification, CCS(Revised Pay) Rules, 2008 have been made applicable to re- employed pensioners but not on persons employed on contract. This does not relate to fixation of pay of persons employed on contract in any way.
4. In view of the position stated above, Principal Bench is requested to fix pay of contractual employees in accordance with the observations of DOP&T already conveyed vide this Ministry's I.D. Note of even number dated 30.03.2012 without any further delay.
Sd (Naveen Kumar) Director (AG-II)"
2.5 The AFT had granted annual increments to the contractually appointed personnel since 2009 and also paid arrears thereof. Thereafter these personnel continue to be on contract appointments and continued to draw annual increments. However, the Ministry of Defence, vide letter dated 25.06.2022 (impugned order) Addressed to CDA Chennai and copy to all PCDAs/CDA clarified that MOF OM dated 9th December 2020 is applicable to all contractual employees and accordingly annual increments could not be given such employees . It further clarified that all allowances be governed by this OM. However, the AFT continued to 24 C-3/Item-1 OA-231/2023 renew the contractually engaged employees, most of them ex-servicemen, as per usual terms and conditions. There are protracted communication between the Ministry of Defence, Respondent Nos.1 to 3 on one hand and the Principal Registrar, AFT, Respondent No.4 in this regard. The issue has not been resolved as yet by the Respondents. Being aggrieved, the applicants have approached this Tribunal in the Present OA seeking the following reliefs:
"a) Quash the letter dated 25.06.2022 issued by the Defence Accounts Department Hqs, New Delhi, referring to an OM dated 09.12.2020 issued by Ministry of Finance, whereby grant of annual increment to the contractual personnel working in the Learned AFT has been denied, letters dated 30.11.2022 and 23.12.2022 issued by the Office of PCDA whereby the annual increment/arrears and dearness allowances as disbursed to the Applicants is said to be recovered or any other letter/order passed by the Respondents subsequent thereof on similar terms.
b) Direct the Respondents to pay annual increment(s), HRA, DA and DA on Tpt. to the re-employed personnel, being the Applicants herein, in terms of the OM dated 31.07.1986 and 05.04.2010 and not initiate any recovery proceedings against the Applicants in terms of the judgment dated 18.12.2014 passed by the Hon'ble Supreme Court in case of State of Punjab Vs. Rafiq Masih."
3. Notices were issued to the respondents and they have filed their counter reply, to which the applicants have also filed their rejoinder. While issuing notice, an interim protection with respect to recovery was extended to the applicants vide order dated 1.02.2003 which remains operational till now.
4. Submission by learned counsel for the Applicants : 25
C-3/Item-1 OA-231/2023 4.1 The learned counsel for the applicants draws attention
to the communication dated 10.07.2009, Para. 3, which clearly mentions that the applicants were appointed after the DOP&T has extended its approval for re- employment of retired government servants on contractual basis on usual terms of pay fixation. It further clarifies that the pay of re- employed on contractual basis may be fixed in such a manner that it does not exceed the last pay drawn by them in the Government and the gross pension would be deducted from the pay fixed. Accordingly, the pay of the applicants was fixed after deducting the pension in terms of the recommendations of the VI th CPC in the grade. The same is extracted herein below:
"3. The DOP&T has agreed that they have no objection to the employment of retired Government servants on contract basis on usual terms of pay fixation, viz. their pay may be fixed in such a manner that it does not exceed the last pay drawn by them in the Government. The gross pension may be deducted from the pay fixed. Such appointments may be done for a maximum period of one year and the maximum age must not exceed 62 years."
4.2 He further draws attention to Page 66 of the OA, which confirms that the DOP&T has examined the issue and has extended the age of those retired government employees who have attained the age of 62 years for another two years or till posts are filled up, whichever is earlier. He further draws attention to Page 70 of the OA, where again, in consultation with the Department of Personnel and Training, in light of 26 C-3/Item-1 OA-231/2023 the OMs dated 31.07.2009, 11.11.2008 and 05.04.2010, the pay and emoluments of the applicants were fixed. The same is extracted herein below:
"2. The above proposal has been examined in this Ministry m consultation with Department of Personnel &Training. It has now been agreed to permit AFT for continuation of contractual appointment of those retired Government employees who have attained the age of 62 years for another two years or till posts are filled up as per XX on regular basis, whichever is earlier."
Pg.70.
"2. The matter has been examined in consultation with the Department of Personnel and Training. Enclosed please fmd a copy of Department of Personnel & Training, Estt.(Pay-II) Section's I.D.No.3/2/2009-Estt.(PayII) dated 16th March, 2012, which is self-explanatory.
3. In view. of the position stated in DOP&T's note dated 161h March, 2012 referred to above. The pay of contractual employees may be fixed in accordance with the provisions contained in DOPT's O.Ms dated 31.07.1986, 11.11.2008 read with O.M dated 05.04.2010."
4.3 The learned counsel for the applicants further submits that a subsequent communication which is placed at page no.72 further confirmed that the OM dated 11.11.2008 may not be relevant in the case of the applicants. He states that irrespective of the said fact, the said OM does not come in the way of the relief prayed for by the applicants. 4.4 By drawing attention to the OMs dt. 31.07.1986 placed at pg. 74, he states that paras 2&3 of the OM clearly mention that the OM applied to persons who are re- employed on contractual basis. Therefore, the said OM was applicable in the present case. He further states that para 4 27 C-3/Item-1 OA-231/2023 of the OM mentions that re-employed on contractual basis, pensioners shall be allowed to draw pay only in the level in the revised pay structure applicable to the post in which they are re-employed. No protection of the scales of pay/pay structure of the post held by them prior to retirement shall be given. Therefore, Para 4 of the said OM extends the increments, and Para 11 extends the allowance to the applicants. The relevant paragraphs are reproduced herein below:
"4. Fixation of pay of re-employed pensioners:
a). Re-employed pensioners shall be allowed to draw pay only in the level in the revised pay structure applicable to the post in which they are re-employed. No protection of the scales of pay/pay structure of the post held by them prior to retirement shall be given."
******
11.Allowances:
The drawal of various allowances and other benefits based on pay shall be regulated with reference to the pay that is fixed on re-employment. Pay for these allowances and benefits will be the pay fixed before deducting the non- ignorable part of the pension and the pension equivalent of the other retirement benefits."
4.5 Therefore, he submits that the pay of the applicants was rightly fixed in light of the said OMs, followed with the OM dated 31.07.1986 issued by the DOP&T and the applicants were extended increments and other allowances from time to time until 2023.28
C-3/Item-1 OA-231/2023 4.6 He further submits that the OM dated 05.04.2010
reiterates the contents of the OM dated 31.07.1986 itself, giving it further clarification. Therefore, he submits that in light of the clarification issued on 05.04.2010 with respect to OM dated 31.07.1986, the applicants are entitled to the increments and allowances. He further submits that the same was maintained until the Ministry of Finance, Department of Expenditure issued an OM dated 09.12.2020 placed at page 125 of the OA. Drawing attention to the said OM dated 09.12.2020, the learned counsel for the applicants submits that the said OM, in fact, also shall not be applicable to the applicants and hence incorrectly interpreted by the respondents. He states that this OM in para 2 with respect to the re-employment age has been limited to 60 years, and in para 6, remuneration has been fixed with respect to the contractual employees and in para 7, allowances have been denied to the contractual employees. However, he submits that in the same OM at para 9 there have been certain exemptions to clarify. He states that this OM was not applicable to persons where the approval of the Appointment Committee of Cabinet was required or the appointments were under the special provisions with the approval of the DOP&T and also with the approval of the Department of Expenditure.
Therefore, he submits that in the present facts, the 29 C-3/Item-1 OA-231/2023 appointments were made under the special provisions allowed with the approval of the DOP&T. Hence, the said OM was not applicable to the applicants.
4.7 To summarize, he submits that since the inception, i.e., from the date when the applicants were appointed in terms of the initial communication placed at pg. 62 of the OA, the approval of the DOP&T was sought by the Armed Forces Tribunal (AFT) from time to time and only after these approvals and in light of the OMs of the DOP&T the benefits were extended to the applicants. After the OM dated 09.12.2020 was issued, several communications were made between the Armed Forces Tribunal, the Ministry of Defence, DOP&T and the Audit Authorities of the Ministry. Though the applicant continues to get the pay and allowances in terms of the initial fixation. However, each of the allowances as well as the increments have been stopped, and recovery has been started.
5. Submission by learned counsel for Respondents 1 to 3:
5.1 Mr. Gyanendra Singh, learned counsel for the respondents vehemently opposes the O.A., while drawing attention to para 4.2 of the O.A., he submits that the applicants have themselves confirmed in the paragraph 4.2 that they were appointed on contractual basis for a short term. At the relevant point in time the contractual 30 C-3/Item-1 OA-231/2023 appointment was for a period of one year extendable from time to time and up to a maximum of 62 years of age which was later enhanced to 64 years. He submits that the DOPT proposal dated 16.03.2012 at page 68 of the O.A. confirms the above circumstances. He draws attention to an additional affidavit filed by him on 14.02.2024 and submits the following:-
i. The Armed Forces Tribunal (AFT) was obliged to fill in the posts on deputation basis and only after exploring the deputation as a method of selection, the respondents could proceed towards appointment on contractual basis.
ii. The AFT has violated the said condition and has proceeded towards employment on contractual basis which is against the extant rules and instructions of the nodal ministry.
iii. The condition serial number 2(b) of the joining letter issued by the AFT titled 'Terms and Conditions of appointment......' stipulated that the appointment was contractual basis for a fixed tenure of one year or when the post is filled up as per the recruitment rules whichever is earlier and the appointment would not confer any title of regular or permanent employment in the AFT at any time.
iv. The Chairman AFT has exceeded in its discretion while fixing the salary and allowances of the applicants and the same is in violation of the extant rules and instructions issued by the Ministry of Finance from time to time.
v. The instructions on the subject are issued in consultation with the nodal ministry, Ministry of Finance and the DOPT. Therefore, the AFT is obliged to abide by the instructions.31
C-3/Item-1 OA-231/2023
vi. The applicants are relying on the DOPT OM
dated 05.04.2010 (Page 105-116) which entails the applicability of the CCS (RP) Rules, 2008 to the persons re-employed in government service after retirement and in the present facts the said OM may not be applicable as the DOPT OM dated 11.11.2008 read with MOD ID dated 27.06.2012 clarified that in partial modification of the Rule 2 (2)(vii) of the CCS (RP) Rules, 2008, the provisions of these rules shall apply to such persons also who were in re-employment on 01.01.2006 subject to the orders hereinafter contained. This decision will cover all government servants reemployed in Central Civil Departments other than those employed on contract whether they have retired with or without a pension and/or gratuity or any other retirement benefits from a civil post or from the Armed Forces. As such the CCS (RP) Rules, 2008 have been made applicable to reemployed pensioners but not in any way on persons employed on contract.(Page 393) He submits that the applicants have been appointed after 01.01.2006 and the AFT itself came into existence in the year 2009 and the RRs for group C and D posts were issued on 10.06.2013 and for group A and B posts on 23.04.2018.
vii. The AFT constituted a Committee which was in violation with the procedure laid down for the said purpose. The committee failed to appreciate the terms and conditions of the contract as explained in the applicants' appointment letters.
viii. The Ministry of Finance vide OMs dated 09.12.2020 (Page 480 of the O.A.) and DAD letter 25.06.2022 (Page 482) has clarified that retired employees who have been appointed on contractual basis would not be entitled for annual increments and HRA. The relevant portions of the said OMs read as under:-
OMs dated 09.12.2020:-
6. Remuneration 32 C-3/Item-1 OA-231/2023 6.1 A fixed monthly amount shall be admissible, arrived at by deducting the basic pension from the pay drawn at the time of retirement. The amount of remuneration so fixed shall remain unchanged for the term of the contract. There will be no annual increment / percentage increase during the contract period.
Example An employee retired in the Pay Level 13 and the pay at the time of retirement was Rs. 1,55,900. Thus, the basic pension will be Rs. 77,950. If the employee is appointed on contract basis, including as Consultant, the remuneration shall be fixed at Rs.77,950 (1,55,900-77950).
6.2 The basic pension to be deducted from the last pay drawn shall be the pension as fixed at the time of retirement and as such, it the employee has availed of the commuted value of pension, the commuted portion of pension shall also be included in the portion of pension to be deducted. Thus, in the above example, if 40% of pension was commuted, the commuted portion shall be Rs 31,180 (40% of 77,950) and the pension actually drawn shall be Rs.46,770. However, the amount of pension to be deducted from the last salary shall be Rs 77,950.
6.3 No Increment and Dearness Allowance shall be allowed during the term of the contract.
7. Allowances 7.1 House Rent Allowances No HRA shall be admissible.
ix. The contents of the above quoted OM has been reiterated by the Defence Accounts Department (DAD) Headquarter Office on 25.06.2022 (Page 482). x. The chronology of the events has been explained in the additional affidavit. The applicants were admittedly appointed on contractual basis initially for a period of one year and they have continued illegally at the instance of the AFT, hence, they are not entitled for any of the allowances sought for by them. Therefore, the O.A. should be dismissed.
6. Submission by learned counsel for Respondent No.4 : 33
C-3/Item-1 OA-231/2023 6.1 Learned counsel for AFT relies on the following
paragraphs of the counter reply filed by them:-
"2. I state and submit that, to initiate the functioning of the esteemed AFT, a proposal was formulated for the re- employment of retired officers on Group 'A' and 'B' posts on a contractual, short-duration basis, along with appointments on a contract basis for short duration and casual/adhoc basis on Group 'C' & 'D' posts. It is essential to note that the answering respondent appointed these personnel following consultations with the Department of Personnel & Training (DoPT). Notably, the Ministry of. Defence (MoD), through its letter dated 10.07.2009, conveyed the 'no objection' of the DoPT to employ retired Government servants on a contract basis, under the standard terms of pay fixation, ensuring that their remuneration does not surpass their last pay in their government service. Furthermore, the gross pension was to be deducted from the pay fixed. The learned AFT was directed to first consider filling posts on a deputation basis, wherever applications had been received in response to advertisements, before resorting to contractual appointments. Such contractual appointments were allowed for a maximum period of one year,with an age limit not exceeding 62 years. It is pertinent to mention that, by order dated 22.11.2010, the MoD, in consultation with the DoPT, sanctioned the appointment of such employees on a contract basis up to the age of 64 years, thereby enabling these employees to continue their service on Group 'A,' 'B,' & 'C' posts until they reached the age of 64. Notably; the MoD has sanctioned 491 posts under Group 'B' & 'C' categories. I state and submit that the Recruitment Rules governing the method of recruitment to Group 'A,' 'B,' and 'C' sanctioned posts were non- existent at the time of the establishment of the AFT in 2009. The MoD introduced the AFT Group 'C' posts (Recruitment and Conditions of Service) Rules, 2013, effective from 10.06.2013. Furthermore, the AFT (Group 'A' posts) Recruitment Rules, 2018, and the AFT (Group
- B Gazetted and non - Gazetted posts) Recruitment Rules, 2018, came into force on 23.04.2018 .
4. I state and submit that a proposal was submitted by the AFT to the MoD, through letter No. 1(61)/2008/AFT dated 10.06.2009, seeking clarification regarding the appointment and terms and conditions of retired government employees on a contract basis. The MoD responded to this proposal vide letter 7(11)/2009-D(AFT) Cell dated 10.07.2009.
5. I state and submit that the above-mentioned letter specifically outlined that the DoPT had no objections to the employment of retired Government servants on a contract basis, under standard terms of pay fixation, ensuring that their remuneration did not exceed their last pay in government service, with the deduction of their gross pension. Such appointments were allowed for a maximum duration of one year, with an age limit not exceeding 62 years, a limit that was subsequently increased to 64 years.34
C-3/Item-1 OA-231/2023
6. I state and submit that it is crucial to note that Paragraph 9 of the OM dated 09.12.2020 of the Ministry of Finance, Department of Expenditure, provided an exemption in cases where the Appointment Committee of the Cabinet allowed special terms or where special provisions were permitted with the approval of the DoPT or the Department of Expenditure, Ministry of Finance. Therefore, the applicants are covered under this exemption, as the DoPT had already granted consent for their appointment through the letter dated 10.07.2009 from the MoD.
7. I state and submit that Respondents 1, 2 & 3 are the Competent Authorities to decide on the release of salary and service conditions. It is humbly submitted that the averments made in Paragraph and sub- paras are matter of record hence needs no reply from the answering respondent. None of the grounds lies against the answering respondent, as the answering respondent has exercised its power as prescribed under Section 4 of AFT (Financial and Administrative Po r) Rules,2008 read with Rules 5 & 10 of the relevant Recruitment Rules, which empower the Hon'ble Chairperson to relax any of the provisions of the Recruitment Rules concerning any class or category of, persons belonging to· Group 'B' & 'C' posts."
7. Rejoinder by learned counsel for the applicant :
7.1 In rejoinder, learned counsel for the applicants submits that basically the respondents have argued on two grounds :-
i. That the applicants were appointed on
contractual basis and they are seeking
regularization.
ii. That the AFT has proceeded with the
recommendations of the committee constituted by the Chairman, AFT, irregularly and arbitrarily.
7.2 He draws attention to the OM dated 09.12.2020 and submits that each of the applicants is ex-servicemen and in the Army the age of retirement would fall between 45-54 years. Therefore, the applicants were re-employed at AFT 35 C-3/Item-1 OA-231/2023 when they were below the age of 54 while the above OM would be applicable to persons who superannuated on attaining the age of 60 years. Secondly, as the necessary approvals had been accorded by the concerned department (DOPT) while appointing the present applicants. Hence, the OM would not be applicable on the present applicants. With respect to regularization, he submits that by virtue of the present O.A. the applicants are not seeking regularization, therefore, to that effect the submission of the learned counsel for the respondents may not be considered. He submits that the Chairman, AFT, is vested with the same powers as are conferred upon the Secretary of Department of the Central Government in respect of the Delegation of Financial Powers Rules, 1970, General Financial Rules, 1963, the Fundamental and Supplementary Rules, the Central Services (Leave) Rules, 1972, The Central Civil Services (Joining Time) Rules, 1979, Central Civil Services (Conduct) Rules, 1964, the Central Civil Services (Classification Control and Appeal) Rules, 1965 and the General Provident Fund (Central Service) Rules, 1960."
Therefore, the committee constituted by the respondents may not be considered to be irregular.
8. Queries by the Tribunal:
a) Why DoP&T OM dated 11.11.2008 is not applicable in the instant case?36
C-3/Item-1 OA-231/2023
b) The original appointment letters (if not all, couple of sample letters) offering contractual appointment by AFT to the present applicants.
c) The subsequent appointment letters (each episode of extension or reappointment) on contract basis to the present applicants.
d) Were the subsequent appointments on contract basis, after the initial appointment on contract basis for one year, was on the basis of approval from DoP&T.
e) If the answer to (d) is 'NO', then were the subsequent appointments issued by any competent authority? Please furnish the requisite rules/notifications vide which such competency is derived.
f) After the framing of the Recruitment Rules on 10.06.2013 (Group C) and the RRs for Group 'B' and 'A' and Accounts cadres, what efforts had been made to recruit regular incumbents as per the RRs?
8.1 Respondent no.4, vide affidavit dated 10.02.2025, has furnished the required clarifications which were taken on record.
9. Analysis 9.1 The entire issue in the present OA revolves around :
a) Whether the retired defence personnel employed on contract basis are entitled to get annual increment , DA, TA and HRA on the basis of DO&PT OM dated 37 C-3/Item-1 OA-231/2023 31.7.1986 , and whether the OM dated 11.11.2008 is not applicable to such contractually employed ex-
servicemen?
b) Whether the Ministry of Finance OM dated 9.12.2020 is not applicable to contractually employed ex- servicemen employed in ATF since 2009 onwards? 9.2 It is admitted fact that the ex-servicemen employed in ATF are continuing on contract basis since long. It is admitted that AFT has granted them annual increments, TA, DA and HRA and they are continuing to draw these benefits by AFT on its own and after the OA was filed by the Interim Order dated has allowed such benefits to continue till adjudication of the OA.
9.3 To adjudicate the issue it would be appropriate to reproduce all these OMs and analyse their impact on the contractual ex-servicemen employed in AFT. The first one is DOP&T OM dated 31.07.1986. The relevant portion of the said OM is reproduced below:
"CENTRAL CIVIL SERVICES (FIXATION OF PAY OF RE-EMPLOYED PENSIONERS) ORDERS, 1986
1. SHORT TITLE AND COMMENCEMENT.
These orders may be called the Central Civil Services (Fixation of pay of Re- employed Pensioners) Orders, 1986.
They shall come in to force on 1st July, 1986 38 C-3/Item-1 OA-231/2023
2. APPLICATION Save as others wise provided in these orders these orders shall apply to all persons who are re-employed in Civil Services and posts in connection with the affairs of the Union Government after retirement on pension, gratuity and / or Contributory Provident Fund benefits from the services of -
(a) Union Government including Railways, Defence, Posts and Telecommunications;
(b) State Governments and Union Territory Administrations; and
(c) Public Sectors Undertakings, Local Bodies, Autonomous Bodies like Universities or Semi-Government Organizations like Port Trusts (2) These orders shall also apply to persons re-employed in regular work-
charged capacity.
(3) Unless others wise provided these orders shall also apply to persons re- employed on contract basis.
These orders shall not, however, apply to -
(a) Persons reemployed after resignation, removal or dismissal, provided they have not received any retirement/ terminal benefits for the pre-employed service;
(b) Persons re-employed in posts, the expenditure of which is not debitable to the civil estimates of the Union Government;
(c) Persons paid from contingencies;
(d) Persons on casual or daily-rated or part-time employment;
(e) Persons appointed as Consultants on payment of consolidated fees; and
(f) Retired Judges of Supreme Court/ High Courts appointed on Commissions / Committees who are governed by separate orders on the subject issued from time to time.
4. FIXATION OF PAY OF RE-EMPLOYED PENSIONERS. [(a) - Re-employed pensioners shall be allowed to draw pay only in the Level in the revised pay structure applicable to the post in which they are re- employed. No protection of the scales of pay/pay structure of the post held by them prior to retirement shall be given.
NOTE- Revised pay structure in relation to a post will be as defined in Rule 3
(ix) of the Central Civil Services (Revised Pay) Rules, 2016. 39
C-3/Item-1 OA-231/2023
(b)(i) - In all cases where the pension is fully ignored, the initial pay on re- employment shall be fixed as per Rule 8 of the Central Civil Services (Revised Pay) Rules, 2016.
NOTE 1 - The case where pension is fully ignored is given in Order 4 (d) below. NOTE 2 - Pension is fully ignored means that pension is not deducted from pay.
(b)(ii) In cases where the entire pension and pensionary benefits are not ignored for pay fixation, the initial basic pay on re-employment shall be fixed at the same stage as the last basic pay drawn before retirement. If there is no such stage in the re-employed post, the pay shall be fixed at the stage next above that pay. If the maximum pay in the level applicable to the post in which a pensioner is re-employed is less than the last basic pay drawn by him before retirement, his initial basic pay shall be fixed at such maximum pay of the re- employed post. Similarly, if the minimum pay in the Level applicable to the post in which a pensioner is re-employed is more than the last basic pay drawn by him before retirement, his initial basic pay shall be fixed at such minimum pay of the re-employed post. However, in all these cases, the non-ignorable part of the pension shall be reduced from the pay so fixed. NOTE 1 - Revised pay structure in relation to a post will be as defined in Rule 3
(ix) of the Central Civil Services (Revised Pay) Rules, 2016. NOTE 2 - "Basic Pay" in the revised pay structure means the pay drawn in the prescribed Level in the Pay Matrix.
NOTE 3 - Last pay drawn shall be as per the definition of pre-retirement pay in terms of Order of the CCS (Fixation of Pay of Re-employed Pensioners) Orders, 1986, read with DoP&T O.M. No.3/19/2009-Estt. (Pay II), dated the 8th November, 2010.] [(c) The re-employed pensioner will, in addition to pay as fixed under para (b) above shall be permitted to draw separately any pension sanctioned to him and to retain any other form of retirement benefits.] [(d) In the case of persons retiring before attaining the age of 55 years and who are re-employed, pension (including PEG and other forms of retirement benefits) shall be ignored for pay fixation to the following extent:
[(i) In the case of ex-serviceman who held posts below commissioned officer rank in the Defence Forces and in the case of Civilians who held posts below Group 'A' posts at the time of their retirement, the entire pension and pension equivalent of retirement benefits shall be ignored. [(ii)In the case of commissioned service officers belonging to the Defence Forces and Civilian Pensioners who held Group 'A' posts at the time of their retirement, the first Rs.15000/- of the pension and pension equivalent of retirement benefits shall be ignored.
5. DRAWAL OF INCREMENTS:
40
C-3/Item-1 OA-231/2023 Once the initial pay of a re-employed pensioner has been fixed in the manner indicated above, he may be allowed to draw normal increments in time scale of the post to which he is appointed as if the pay had been fixed at the minimum or the higher stage, as the case may be (i.e. before an adjustment on account of pension and pension equivalent of other forms of retirement benefits is made), provided that the pay and gross pension/pension equivalent of other retirement benefits taken together do not at any time exceed Rs.8000/- per month.
11. ALLOWANCES:
The drawal of various allowances and other benefits based on pay shall be regulated with reference to the pay that is fixed on re-employment. Pay for these allowances and benefits will be the pay fixed before deducting the non- ignorable part of the pension and pension equivalent of the other retirement benefits.
13. LEAVE AND LEAVE SALARY:
In the case of persons re-employed after retirement, the provisions contained in the Central Civil Service (Leave) Rules, 1972 shall, apply."
9.4 A bare reading of the provisions of the CCS (Fixation of Pay of Re-employed Pensioners) Orders, 1986 issued vide OM dated 31.07.1986 as extracted above shows that during the currency of this OM in its original form and during the contractual period of employment ex-servicemen employed in ATF were entitled pay fixation and increments as per this order. The artificial breaks of service while renewal of contractual employment are generally ignored by catena of judgments by the Apex court and various High courts.
9.5 Now the question arises about the currency period of the above order of 1986? The DOP&T vide their response dated 16.03.2012 to Ministry of Defence has furnished the following clarification:
"Reference preceding notes:41
C-3/Item-1 OA-231/2023 The proposal of Ministry of Defence regarding fixation of pay of Officers and Staff on their re-employment in the Armed Forces Tribunal (AFT) on contract basis has been considered in this Department:
2. M/o Defence are advised that:
(i) Contractual employees continue to be governed by the CCS (fixation of pay of re-employed pensioners) Orders, 1986 issued vide this Department's OM No.3/1/85-
Estt.(Pay-II) dated 31/7/1986 including OM No.3/19/2009-Estt. (Pay-II) dated 5/4/2010.
(ii) Details given by the M/o Defence are not sufficient.
They may therefore, see the pay fixation of the officers/staff w.r.t. this Department's OM No.3/13/2008-Estt. (Pay-II) dated 11/11/2008 read with the clarifications issued vide the above O.M. dated 5/4/2010."
The OM dated 11.11.2008 refers to applicability of CCS (RP) Rules, 2008 to persons re-employed in Government Service after retirement and whose pay is debitable to Civil Estimates. The OM is reproduced as bellow:
"OFFICE MEMORANDUM Subject: Applicability of CCS (RP) Rules, 2008 to persons re-employed in Government Service after retirement and whose pay is debitable to Civil Estimates.
Persons re-employed in Government service after retirement have been excluded from the purview of the Central Civil Services (Revised Pay) Rules, 2008 vide Rule 2 (2)(vii) thereof. The question of extension of the benefit of the revised pay rules to these persons and the procedure to be followed for fixing their pay in the revised scales has been considered by the Government. The President is pleased to decide that, in partial modification of the Rule 2 (2)(vii) of the Central Civil Services (Revised Pay) Rules, 2008, the provisions of these rules shall apply to such persons also who were in re-employment on 1st January, 2006, subject to the orders hereinafter contained. This decision will cover all Government servants re-employed in Central Civil Departments other than those employed on contract whether they have retired with or without a pension and/or 42 C-3/Item-1 OA-231/2023 gratuity or any other retirement benefits, e.g. contributory fund etc. from a civil post or from the Armed Forces.
2(1). The initial pay of a re-employed Government servant who elects or is deemed to have elected to be governed by the revised pay scale from the 1" day of January, 2006 shall be fixed in the following manner namely -
According to the provisions of Rule 7 of the C.C.S. (R.P.) Rules, 2008, if he is-
(i) a Government servant who retired without receiving a pension, gratuity or any other retirement benefit and
(ii) a retired Government servant who received pension or any other retirement benefits but which were ignored while fixing pay on re-employment."
2 (II) The initial pay of a re-employed Government servant who retired with a pension or any other retirement benefit and whose pay on re-employment was fixed with reference to these benefits or ignoring a part thereof, and who elects or is deemed to have elected to be governed by the revised scales from the 1st day of January, 2006 shall be fixed in accordance with the provisions contained in Rule 7 of the Central Civil Services (Revised Pay) Rules, 2008. In addition to the pay so fixed, the re-employed Government servant would continue to draw the retirement benefits he was permitted to draw in the pre-revised scales, as modified based on the recommendations of the Sixth Central Pay Commission, orders in respect of which have been issued separately by the Department of Pension & Pensioners Welfare. However, an amount equivalent to the revised pension (excluding the ignorable portion of pension, wherever permissible), effective from 1.1.2006 or after, shall be deducted from his pay in accordance with the general policy of the Government on fixation of pay of re-employed pensioners. Annual increments will be allowed in the manner laid down in Rule 10 of Central Civil Services (Revised Pay) Rules, 2008, on the entire amount of pay as if pension had not been deducted.
3. Re-employed persons who become eligible to elect revised scales in accordance with these orders should exercise their option in the manner laid down in Rule 6 of the Central Civil Services (Revised Pay) Rules, 2008, within three months of the date of issue of these orders or in cases where the existing scales of pay of the posts held by them are revised subsequent to the issue of these orders, within three months of the date of orders/notification revising the scales.
4. Where a re-employed Government servant elects to draw his pay in the existing scale and is brought over to revised scale from a date later than the 1" day of January, 2006, his pay from the later date in the revised scale shall be fixed in accordance with the provisions of Rule 11 of the Central Civil Services (Revised Pay) Rules, 2008.
5. Further, the existing ceiling of Rs. 26000/- for drawal of pay plus gross pension on re-employment is enhanced to 43 C-3/Item-1 OA-231/2023 Rs. 80,000/-, the maximum salary payable to the Secretary to the Government of India under Central Civil Services (Revised Pay) Rules, 2008.
6. The President is also pleased to enhance the ignorable part of pension from Rs. 1500/- to Rs. 4000/- (Rupees four thousand) in the case of Commissioned Service officers and civil officers holding Group 'A' posts who retire before attaining the age of 55 years. The existing limits of civil and military pensions to be ignored in fixing the pay of re- employed pensioners will therefore, cease to be applicable to cases of such pensioners as are re-employed on or after 1.1.2006. In the case of persons who are already on re- employment, the pay may be fixed on the basis of these orders with effect from 1.1.2006, provided they opt to come under these orders. If they so opt, their terms would be determined afresh as if they have been re-employed for the first time from 1.1.2006. The option should be exercised in writing within three months from the date of issue of these orders. The option once exercised is final.
7. In so far as the persons serving in the Indian Audit & Accounts Department are concerned, these orders are being issued after consultation with the Comptroller & Auditor General of India.
8. These orders shall take effect from 1.1.2006." 9.6 The Respondent No.4 vide their affidavit to answer the queries raised on 20.01.2025 has tried to explain as to why OM dated 11.11.2008 is not applicable to the contractually appointed ex-servicemen in AFT. Paragraph 2(I) of the affidavit is reproduced as bellow:
"In context of Point 2. a), it is humbly submitted that the Department of Personnel & Training (DoP&T) Office Memorandum (OM) dated 11/11/2008 pertains to the applicability of the Central Civil Services (Revised Pay) Rules, 2008 to individuals re-employed in government service post-retirement whose pay is debitable to civil estimates whereas the AFT came into existence in the year 2009. Further, the Ministry of Defence vide its letter bearing MoD ID No. 7 (11)/2009 - D (AFT) Cell dated 10/07/2009 regarding "Filling up of unfilled Group A, B, C & D Post in Armed Forces Tribunal"
conveyed the agreement/ approval of DOP&T to the appointments stating that "The DOP&T has agreed that they have no objection to the employment of retired Government servant on contract basis on usual terms of pay fixation viz. their pay may be fixed in such a manner that it does not exceed the last pay drawn by 44 C-3/Item-1 OA-231/2023 them in the Government. The gross pension may be deducted from the pay fixed. Such appointment may be done for a maximum period of one year and the maximum age must not exceed 62 years". It is pertinent to mention here that the DOP&T & MoD both agreed and approved appointments for all Groups i.e. A, B, C & D. In the light of above the OM dated 11/11/2008 is not applicable in the instant case. The copy of letter bearing MoD ID No. 7 (11)/2009-D (AFT) Cell dated 10/07/2009 is annexed herewith as ANNEXURE-A."
Perusal of the affidavit shows that it is evasive and does not provide any answer to the query. It refers to DOP&T communication dated 10.07.2009 vide which it has accorded approval to the proposal of Ministry of Defence to allow AFT to appoint employees on contract basis on usual terms of pay fixation in such manner that it does not exceed last pay drawn by them in the government. But, this OM also states that such appointment is for one year only. Respondent No.4 was also asked to furnish the original appointment letters of the present applicants. Respondent No.4 has not produced any employment letter pertaining to the period 2009-10. However, it has produced sample employment letters starting from 2012 to 2022 (Annexure-B of the Affidavit dated 10.02.2025). All the appointment letters refer for a tenure of one year. Though these letters mention the terms and conditions conveyed by DOP&T vide their communication dated 10.07.2009, these subsequent contractual appointments were not with the approval of the DOP&T. The affidavit refers to the Ministry of Defence communication dated 22.11.2010 which allows the age limit 45 C-3/Item-1 OA-231/2023 of such contractual employees till the age of 64. But this communication does not say that the ATF would continue to appoint on contractual basis the same employees year after year on contact basis till they attain the age of 64 years and grant annual increments even to employees beyond the normal age for superannuation, i.e. 60 years.. This Tribunal queried whether the subsequent contractual extensions were with the approval of DOP&T, Respondent No.4 failed to answer the same. Instead, it reiterates that the Chairperson of AFT has the same power as those conferred on a Department of Central Government under delegation of power. However, it does not specify under which delegation of powers, the Chairman was competent to appoint contractual employees year after year against sanctioned posts despite the fact that the RRs were approved in the year 2013. The AFT , in answer to the query as to what effort has been made after 2013 to recruit staff on regular basis, mentioned in its affidavit dated 10.02.2025 that it requested the Staff Selection Commission (SSC) only in August 2017. The SSC intimated that Ministry of Defence is exempted from making recruitment through SSC. Again, the AFT on advice from Ministry of Defence requested SSC on 27.12.2024, after the present OA was filed. The AFT, after it was exempted from SSC, could have initiated the recruitment process itself. Prior to 2017, it made no effort to 46 C-3/Item-1 OA-231/2023 recruit staff on regular basis though the RRs were notified in 2013.
In view of the above, it is evident that the AFT has continued the contractual employment of ex-servicemen, year after year, giving tenure to these employees for one year at one go and giving annual increments to such contractual employees, in complete violation of the extant guidelines issued by the DO&PT. The initial contractual appointments in 2009 were on the basis of DOP&T and Ministry of Defence's approval. However, the subsequent contractual appointments are at the level of Chairman, AFT. 9.7 The salary and wages of the ex-servicemen employed on contract basis in AFT is debitable to Civil Estimates. It has clearly mentioned that the CCS (RP) Rules, 2008 are not applicable to employees re-employed in Central Civil Departments whether they retired with or without pension and/or gratuity or any other retirement benefits. Accordingly the pay fixation of re-employed ex-servicemen on contract basis was not as per CCS (RP) Rules, 2008. In other words, the currency of the CCS (Fixation of reemployed pensions) Orders, 1986 ceased to operate when the CCS (RP) Rules, 2008 came into operation. Hence the pay fixation, annual increments, allowances to contractually appointed ex- servicemen is no longer governed by the CCS (Fixation of 47 C-3/Item-1 OA-231/2023 reemployed pensions) Orders, 1986 and the CCS (RP) Rules, 2008 are not applicable to them. Hence, the contractually appointed ex-servicemen, unless they are regularized and actual benefits are extended from the date they were in continuous contractual service, ignoring artificial breaks, cannot claim annual increments, allowances like DA, Transport allowances, HRA as a matter of right. To that extent, the DOP&T OM dated 11.11.2008, 1.05.2017 (Annexure-R IX), Ministry of Finance OM dated 9.12.2020 are applicable to the present applicants. And as the impugned order dated 25.06.2022 is based on Ministry of Finance OM dated 9.12.2020, it cannot be faulted that it suffers from illegality or irregularity. This answers both queries (a) and (b) under paragraph 9.1.
9.8 However, there are catena of judgments including Sonia Gandhi & Ors Vs. Govt of NCT of Delhi & ors., W.P.(C) No.6798/2002 where the superior court has allowed the payment of basic salary at the initial stage of the grade of the post to which an employee is appointed on contract basis. Leave including maternity and paternity leave are allowed to such contractually appointed employees in Government Organisations/ departments /Ministries. Accordingly, the present applicants are entitled to basic pay plus DA on the basic pay at the relevant time of their re- employment on contractual basis on each occasion. They are 48 C-3/Item-1 OA-231/2023 entitled for all kinds of leave (except study leave and LTC) as per catena of judgments in such contractual appointment cases. They are entitled for Travel Allowance for conducting official business.
9.9 It has been brought to notice of this Tribunal by the learned counsel for the respondents that some of the employees under employment with respondent no.4 have filed O.A. No.235/2023 seeking protection of regularization of their services, which have been ordered by respondent no.4.
9.10 The present applicants were appointed by following due procedure, though not through SSC. When the AFT was established in 2009, the relevant Recruitment Rules (RRs) were not there. Hence, for such applicants, who had joined prior to the publication of RRs in 2013 cannot be said being appointed irregularly. There is no mention whether the present applicants fulfil the required educational qualifications for the posts they hold, as per the extant RRs. But the fact remains that these employees have rendered long years of service in establishing and smooth functioning of AFT which serves the public interest pertaining to the Armed Forces. Considering the fact that the present lot of applicants have joined AFT after rendering good number of years in the defence forces, they should not suffer from the 49 C-3/Item-1 OA-231/2023 alleged inaction by the respondents to redress their legitimate concerns. They deserve better treatment considering their past as well as present services in the Armed Forces and the AFT respectively. Accordingly, as a special dispensation, they deserve to get equal treatment at par with employees in regular employment. 9.11 In this regard, the Apex Court judgment in Jaggo vs Union of India, [SLP (C) No.5580 of 2024] dated 20th December, 2024 is worth consideration. In Paragraph 20 of the said judgement, the Apex Court has categorically disapproved the continuation of employees for long periods without getting the benefits that accrue to regular employees. Paragraph 20 of the said judgment is reproduced bellow for better appreciation:
"20. It is well established that the decision in Uma Devi (supra) does not intend to penalize employees who have rendered long years of service fulfilling ongoing and necessary functions of the State or its instrumentalities. The said judgment sought to prevent backdoor entries and illegal appointments that circumvent constitutional requirements. However, where appointments were not illegal but possibly "irregular,"
and where employees had served continuously against the backdrop of sanctioned functions for a considerable period, the need for a fair and humane resolution becomes paramount. Prolonged, continuous, and unblemished service performing tasks inherently required on a regular basis can, over the time, transform what was initially ad-hoc or temporary into a scenario demanding fair regularization. In a recent judgement of this Court in Vinod Kumar and Ors. Etc. Vs. Union of India & Ors.5, it was held that held that procedural formalities cannot be used to deny regularization of service to an employee whose appointment was termed "temporary" but has performed the same duties as performed by the regular employee over a considerable period in the capacity of the regular employee. The relevant paras of this judgement have been reproduced below:
"6. The application of the judgment in Uma Devi (supra) by the High Court does not fit squarely with the facts at hand, given the specific circumstances under which the appellants were 50 C-3/Item-1 OA-231/2023 employed and have continued their service. The reliance on procedural formalities at the outset cannot be used to perpetually deny substantive rights that have accrued over a considerable period through continuous service. Their promotion was based on a specific notification for vacancies and a subsequent circular, followed by a selection process involving written tests and interviews, which distinguishes their case from the appointments through back door entry as discussed in the case of Uma Devi (supra).
7. The judgement in the case Uma Devi (supra) also distinguished between "irregular" and "illegal" appointments underscoring the importance of considering certain appointments even if were not made strictly in accordance with the prescribed Rules and Procedure, cannot be said to have been made illegally if they had followed the procedures of regular appointments such as conduct of written examinations or interviews as in the present case..."
Though the aforesaid judgement was in context of regularisation of contractual/temporary employees, the spirit of the judgement is that such contractual/temporary employees, who have served pretty long years and performing the same functions as regular employees, should not be deprived of the benefits that accrue to regular employees.
9.12 As regards to the apprehension of the present applicants that the respondents would recover already paid increments and allowances, as per letters dated 30.11. 2022 and 23.12.2022 from the Office of PCDA (impugned), it is our considered view that the spirit of judgment of the Apex Court in State of Punjab v Rafiq Masih (White Washer), (2015) 4 SCC 334, which is applicable to the present case.
10. Conclusion 51 C-3/Item-1 OA-231/2023 10.1 In view of the above, the present OA is disposed of in the following manner:
(i) The legitimacy of letter dated 25.06.2022 by the Office of PCDA (Annexure-A1) read with Ministry of Finance OM dated 9.12.2020 is upheld. However, such legitimacy shall not come on the way of the applicants in getting regular pay scale, annual increments, HRA and TA. This is allowed because of recognition of the services rendered by the applicants in the Armed Forces and the AFT.
(ii) The applicants shall continue to receive pay scales at par with regular employees, earn annual increments, DA, HRA and transport allowances. They are also entitled to all kinds of leave except study leave and LTC, till they are in the service of respondent no.4 subject to the stipulation mentioned in (iii) hereafter.
(iii) In case of annual increments, the increments shall stop after the applicants have attained or will attain the age of superannuation. Further, the annual increments shall be restricted to those applicants who fulfil the educational qualifications stipulated for the posts they hold as per the extant RRs.
(iv) The respondents shall not recover any alleged excess amount already paid to the applicants in respect of salaries and allowances.
10.2 No order as to costs. All other pending MAs are disposed of accordingly.
(Dr. Chhabilendra Roul) (Pratima K. Gupta)
Member (A) Member (J)
/dkm/