IMPORTANT INFORMATION FOR CAT CASE FILING

My dear friends, 

Regarding the Case you filled in CAT, please brief the Advocate properly as we donot get pay protection as per existing Govt orders as of now. Due to this terminology used by many of the departments, making us fool on pay fixation matter. we are eligible for only to the last basic pay drawn which is clearly mentioned in para 3(v) of the om dated 05 Apr 2010.

The details are below:-

(a)     There is no pay protection to the re-employed ex-serviceman in civil posts but the last basic pay drawn is only being allowed. The Basic Pay can be decided by the Pension pay order /LPDC or with the Corrigendum PPO if any correction to the Basic pays at the time of retirement or as per the Basic pension, as pension is 50% of the last Basic pay drawn while in service. Also the elements of the basic pay to take for the pay fixation is explained in Para 3, sub Para 2(ix) of OM dated 31 Jul 1986 & OM dated 5 April 2010 [note under Para 4(a) for Grade pay & 3(iii) for MSP].

(b)       The most important clarification is given in the Para 3(v) of the OM dated 05 April 2010 as, In the case of personnel /officers who had retired prior to 1.1.2006 and who have been re-employed after 1.1.2006, their pay on re-employment will be fixed by notionally arriving at their revised basic pay at the time of retirement as if they had retired under the revised pay structure. This will be done with reference to the fitment table of the Defence Service Rank /Civilian service post (as the case may be) from which they had retired and the stage of basic pay at the time of their retirement. Their basic pay on re-employment will be fixed at the same stage as the notional last basic pay before retirement so arrived at. However, they shall be granted the grade pay of the re-employed post. The maximum basic pay cannot exceed the grade pay of the re-employed post plus pay in the pay band of Rs.67000 i.e. the maximum of the pay band PB-4. In all these cases, the non-ignorable part of the pension shall be reduced from the pay so fixed.

(c)        The above para (b) has clarified and confirmed to bring equality to the pre 1.1.2006 and post 1.1.2006 retiree basic pay by allowing notional last basic pay drawn to pre 1.1.2006 retiree so as to bridge the gap between pre and post 1.1.2006 retiree while on re-employment takes place on or after 1.1.2006. This is to be understood thoroughly by the Admin and Audit authority of the department concerned while dealing with the pay fixation of the re-employed ex-servicemen.

           So kindly understand and brief every one, Because in the name of pay protection we have been fooled,It is evident in the resent clarification issued by DOPT for your Postal department. Non of the Govt order says last pay drawn pay to be protected( it means pay plus DA drawn ) and no where mentioned only minimum scale of entry pay to be fixed for re-employed ESM who retired before the age of 55 yrs & below in the rank of commissioned officer.

Regards,

Asokkumar T

9447574731