ups_01176 — Applicants prayed for quashing the impugned Orders, dated 4-11-2019 and 7-11-2019 and for direction to the Respondents to make salary payment of the Applicants in terms of the Order, dated 26-7-2019 and not to effect any recovery from the salary of the Applicants

Applicants prayed for quashing the impugned Orders, dated 4-11-2019 and 7-11-2019 and for direction to the Respondents to make salary payment of the Applicants in terms of the Order, dated 26-7-2019 and not to effect any recovery from the salary of the Applicants — Case involving Applicants, ex-servicemen re-employed as Multi-Tasking Staff (MTS), contesting the withdrawal of pay protection granted to them under Central Civil Service (Fixation of Pay of Re-emplo... — Facts: Applicants are ex-Servicemen. After clearing the Staff Selection Examination by Order, dated 12-9-2018, the Applicants were appointed as MTS. In December, 2018 / January, 2019, the Applicants requested the Respondents to fix their pay in terms of Paragraphs 4

(d) and 4(d)

(i) of Central Civil Service (Fixation of Pay of Re-employed Pensioners) Order, 1986 issued by DoP&T OM, dated 31-7-1986 read with amendment issued by OM, dated 5-4-2010, as was done in the case of Shri Ganpat Prasad Shaw and Shri Tapas Patra, who were working as Tax Assistants at Bhopal. Considering the same, by Order, dated 26-7-2019, the Additional Commissioner fixed the pay of the Applicants. However, the 3rd Respondent Zonal Accounts Officer, CBDT, vide impugned Order, dated 4-11-2019 informed that the pay protection granted to ex-servicemen, including the Applicants was unjustified as per Paragraph 4(b)(2) of the CCS Order, 1986 and requested the 1st Respondent to stop henceforth from giving such benefits and also to effect recovery from those who availed the benefit, failing which salary bill of November, 2019 would not be passed by his office. It was notified to the Applicants individually. Applicants submitted representation, dated 18-11-2019. Since the representation has not been considered expeditiously and in apprehension of recovery being made, the Applicants have filed this OA. Applicants contended that the CCS Order, 1986 does not bar “pay protection” of an ex-serviceman, but only barred “pay scale protection”. Impugned decision of the 3rd Respondent is based on an incorrect interpretation of Paragraph 4(b)(2). Also, the Respondents are meting out discriminatory treatment to the Applicants, as against two ex-servicemen Shri Ganpat Prasad Shaw and Shri Tapas Patra, who were working as Tax Assistants at Bhopal and they are still enjoying the said pay protection and the ZAO, CBDT, Bhopal has not raised any objection. Identical issue has arisen before the Chennai Bench of CAT in the case of 25 ex-servicemen (O.A. No. 1207 of 2015), where the impugned order of withdrawal, was quashed by Order, dated 22-7-2016. Respondents contended that as per DoP&T, OMs, dated 5-4-2010 and 1-5-2017, 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. In Kartavya Compilation, the module of pay fixation, the example given to fix the pay on re-employment of pensioners, also reiterate the aforesaid stand. By Order, dated 8-8-2019, Bangalore Bench of CAT rejected the claim for pay fixation on re-employment as per Paragraph 16 of the CCS Order 1986, in the case of K. Keshava Bhat v. SSP Puttur Dn. and others.