Service Law - Pay Fixation - retired Colonel - re-appointed as Director of Sainik Welfare Department

Pan­jab Singh Vs State of HP 09.09.2009 (repnot)
CWP (T) No. 7824/2008

Hon’ble Mr. Jus­tice Rajiv Sharma, Judge.

Ser­vice Law — Pay Fix­a­tion — retired Colonel — re-appointed as Direc­tor of Sainik Wel­fare Depart­ment — peti­tioner was serv­ing as a Colonel at the time of his retire­ment — he was placed in the pay scale of Rs. 2300–5100 and was enti­tled to rank pay @ Rs. 1000/- at the time of his retire­ment — he was appointed as Direc­tor, Sainik Wel­fare Depart­ment, Himachal Pradesh in the year 1993 — he has earned two incre­ments — these two incre­ments were required to be taken into con­sid­er­a­tion while fix­ing the pay of the peti­tioner by treat­ing Rs. 6100/- as last pay drawn on retire­ment from the Army ser­vice — pay of peti­tioner has been re-fixed by the respon­dents at Rs. 15,100/- in the pay scale of Rs. 13,500–16,800 — State Gov­ern­ment while fix­ing the pay of the peti­tioner at Rs. 15,100/- per month has not extended the ben­e­fits to the peti­tioner to which the re-employed offi­cers were enti­tled on the basis of notional pay fix­a­tion, if they were appointed before 1.1.1996 — the revised notional basic pay of a Colonel is Rs. 17,100/- of basic pay with effect from 1.1.1996 — the inac­tion on the part of the respon­dents has deprived the peti­tioner his legit­i­mate right to get the pen­sionery ben­e­fits on the basis of refix­a­tion of salary at Rs. 17,100/-, includ­ing Death-cum-Retirement Gra­tu­ity and leave encash­ment — direc­tions issued to re-fix the pay of the peti­tioner in view of the obser­va­tions made here­in­above and also to work out the reti­ral ben­e­fits within a period of eight weeks.

Service Law - Pay Fixation - retired Colonel - re-appointed as Director of Sainik Welfare Department