Major Rekha Rani vs HEALTH AND FAMILY WELFARE
- Court
- Central Administrative Tribunal
1
Item No.4 O.A. No. 4032/2026
CENTRAL ADMINISTRATIVE TRIBUNAL
Nainital Circuit Sitting
OA 4032/2026
th
This the 27 day of October, 2026
Hon'ble Mr. Ajay Pratap Singh, Member (J)
Hon’ble Mr. Rajinder Kashyap, Member (A)
Major Rekha Rani,
D/o Shri Singh Raj,
R/o C-1/15, Sector -11,
Rohini, Delhi-110085
Presently working as Senior Nursing Officer,
Obstetrics IPD, & Labour Room,
All India Institute of Medical Sciences, Rishikesh,
Uttarakhand-249203.
… Applicant
(By Advocate: Mr. Sahil Malik)
Versus
1. Union of India through Secretary, Ministry of Health &
Family Welfare, Government of India, Nirman Bhawan, New
Delhi - 110001.
2. All India Institute of Medical Sciences, Rishikesh,
Through its Executive Director, Virbhadra Marg, Rishikesh,
District Dehradun, Uttarakhand-249203.
3. Chief Nursing Officer, All India Institute of Medical
Sciences, Rishikesh, Virbhadra Marg, Rishikesh, District
Dehradun, Uttarakhand-249203.
4. Deputy Director (Administration), All India Institute of
Medical Sciences, Rishikesh, Virbhadra Marg, Rishikesh,
District Dehradun, Uttarakhand-249203.
… Respondents
(By Advocate: Mr. T.C. Aggarwal for R-1
Mr. D S Shukla through VC for R-2 to R-4)
Digitally signed by RAVI KANOJIA
DN: C=IN, CN=RAVI KANOJIA, L=Central Delhi, O=CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, OU=Central Administrative Tribunal PRINCIPAL Bench, ST=Delhi, E=
[email protected], postalCode=110001, serialNumber=
12da7dfe98e77c92dda4af6c196687700e5cc7e2bcc4fe78d730f8470c3e9a4f, street=61/35,
RAVI COPERNICUS MARG, NEW DELHI 110001, telephoneNumber=
5b491534ade0b015fafa6f7185daf00161f030b0bc4a2fa0c67dd30bd5b99ab9
Reason: I am the author of this document Location:
Date: 2026.10.29 19:20:12+05'30'
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Item No.4 O.A. No. 4032/2026
O R D E R (ORAL)
Hon’ble Ajay Pratap Singh, Member (Judicial)
Heard the parties.
2. The applicant is working as Sr. Nursing Officer at
AIIMS, Rishikesh and has invoked jurisdiction of this
Tribunal under Section 19 of the Administrative Tribunal
Act, 1985, seeking the following relief(s) [as extracted from
the OA]:
“A. Declare that the Applicant, having been released from the
Military Nursing Service in the commissioned rank of Major, is
entitled to consideration of her previous military pay for the
purpose of fixation of her pay on appointment as Senior Nursing
Officer, AIIMS, Rishikesh, in accordance with the accordance
with the CCS (Fixation of Pay of Re-employed Pensioners).
Orders, 1986 and the subsequent DoPT instructions applicable
to re-employed Commissioned Officers;
B. Direct the Respondents to undertake/revise the Applicant's
pay fixation as Senior Nursing Officer by taking into account
her last basic pay drawn in the Military Nursing Service, in
accordance with the applicable rules governing re-employed
Commissioned Officers, and after giving due effect to the
applicable provisions relating deduction/ ignoring of pension;
C. Direct the Respondents to grant the Applicant all
consequential benefits, including arrears of pay, annual
increments and revision of all pay-linked benefits from the date
on which the correct pay fixation ought to have been made;
D. Quash and set aside any order/pay-fixation memorandum,
if already issued, whereby the Applicant's pay has been fixed
merely at the minimum/entry stage of the Level applicable to
Senior Nursing Officer without applying the provisions
governing re-employed Commissioned Officers;
F. Direct payment of arrears arising from such revised fixation,
together with interest at such rate as this Hon'ble Tribunal may
deem fit and proper;
G. Pass such other or further order(s) as this Hon'ble Tribunal
may deem just and proper in the facts and circumstances of the
case.
Digitally signed by RAVI KANOJIA
DN: C=IN, CN=RAVI KANOJIA, L=Central Delhi, O=CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, OU=Central Administrative Tribunal PRINCIPAL Bench, ST=Delhi, E=
[email protected], postalCode=110001, serialNumber=
12da7dfe98e77c92dda4af6c196687700e5cc7e2bcc4fe78d730f8470c3e9a4f, street=61/35,
RAVI COPERNICUS MARG, NEW DELHI 110001, telephoneNumber=
5b491534ade0b015fafa6f7185daf00161f030b0bc4a2fa0c67dd30bd5b99ab9
Reason: I am the author of this document Location:
Date: 2026.10.29 19:20:12+05'30'
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Item No.4 O.A. No. 4032/2026
H. Award costs of the present proceedings in favour of the
Applicant.”
3. Learned counsel for the applicant submits that the
applicant was commissioned into the Military Nursing
Service on 01.02.2010 and was selected for appointment to
the post of Sr. Nursing Officer at AIIMS, Rishikesh. The
applicant is entitled for her pay protection in accordance
with applicable rules governing re-employment of retired/
released defence persons for commissioned officers. The
applicant has submitted her representation dated
10.04.2026 (Annexure A-1) for grant of pay protection on
appointment as Sr. Nursing Officer. However, till date no
action has been taken on the said representation of the
applicant and applicant is entitled for pay protection under
th
DoP&T’s O.M. dated 01.05.2017 extending the 7 CPC
revised-pay framework to persons re-employed in
Government service and amending the CCS (Fixation of Pay
of Re-employed Pensioners) Orders, 1986.
4. Learned counsel for the applicant after arguing for
some time submits that the applicant will suffice to direct
the competent authority among the respondents to consider
and decide the pending representation dated 10.04.2026
(Annexure A-1) in the light of applicable rules of CCS
(Fixation of Pay of Re-employed Pensioners) Orders, 1986.
Digitally signed by RAVI KANOJIA
DN: C=IN, CN=RAVI KANOJIA, L=Central Delhi, O=CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, OU=Central Administrative Tribunal PRINCIPAL Bench, ST=Delhi, E=
[email protected], postalCode=110001, serialNumber=
12da7dfe98e77c92dda4af6c196687700e5cc7e2bcc4fe78d730f8470c3e9a4f, street=61/35,
RAVI COPERNICUS MARG, NEW DELHI 110001, telephoneNumber=
5b491534ade0b015fafa6f7185daf00161f030b0bc4a2fa0c67dd30bd5b99ab9
Reason: I am the author of this document Location:
Date: 2026.10.29 19:20:12+05'30'
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Item No.4 O.A. No. 4032/2026
5. Mr. T.C. Aggarwal and Mr. D S Shukla, learned
counsels appearing for the respondents on advance service
fairly submits that the pending representation of the
applicant dated 10.04.2026 (Annexure A-1) has already been
forwarded on 11.04.2026 to the competent authority among
the respondents and the same shall be considered in
accordance with applicable rules in time bound manner.
6. Heard with consent. We have considered the matter. In
view of above submissions and without expressing any
opinion on the merits of the case.
7. We deem it just and proper that principles of natural
justice would be met and hereby direct the competent
authority among the respondents to consider and decide the
pending representation dated 10.04.2026 (Annexure A-1) by
passing a reasoned and speaking order in the light of
applicable rules of CCS (Fixation of Pay of Re-employed
Pensioners) Orders, 1986, within a period of four weeks from
the date of receipt of a certified copy of the order passed
today.
8. If the decision in the pending representation comes in
favor of the applicant, the pay of the applicant along with
arrears, if any, be disbursed forthwith and if the decision
Digitally signed by RAVI KANOJIA
DN: C=IN, CN=RAVI KANOJIA, L=Central Delhi, O=CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, OU=Central Administrative Tribunal PRINCIPAL Bench, ST=Delhi, E=
[email protected], postalCode=110001, serialNumber=
12da7dfe98e77c92dda4af6c196687700e5cc7e2bcc4fe78d730f8470c3e9a4f, street=61/35,
RAVI COPERNICUS MARG, NEW DELHI 110001, telephoneNumber=
5b491534ade0b015fafa6f7185daf00161f030b0bc4a2fa0c67dd30bd5b99ab9
Reason: I am the author of this document Location:
Date: 2026.10.29 19:20:12+05'30'
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Item No.4 O.A. No. 4032/2026
does not come in favor of the applicant, the applicant is at
liberty to approach again in accordance with law.
9. In view whereof , present O.A. stands disposed of at
admission stage itself in above indicated terms.
10. Pending MA(s), if any, shall also stand disposed of.
11. There shall be no order as to costs.
[
(Rajinder Kashyap) (Ajay Pratap Singh)
Member (A) Member (J)
/ kr /
Digitally signed by RAVI KANOJIA
DN: C=IN, CN=RAVI KANOJIA, L=Central Delhi, O=CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, OU=Central Administrative Tribunal PRINCIPAL Bench, ST=Delhi, E=
[email protected], postalCode=110001, serialNumber=
12da7dfe98e77c92dda4af6c196687700e5cc7e2bcc4fe78d730f8470c3e9a4f, street=61/35,
RAVI COPERNICUS MARG, NEW DELHI 110001, telephoneNumber=
5b491534ade0b015fafa6f7185daf00161f030b0bc4a2fa0c67dd30bd5b99ab9
Reason: I am the author of this document Location:
Date: 2026.10.29 19:20:12+05'30'
Foxit PDF Reader Version: 2026.2.0
KANOJIA