CAT Sets Four-Week Deadline To Decide AIIMS Nursing Officer’s Plea To Protect Her Military-Service Pay

The applicant, a Senior Nursing Officer at AIIMS Rishikesh, had served in the Military Nursing Service in the commissioned rank of Major.

She sought protection of her previous military pay on appointment, relying on the CCS (Fixation of Pay of Re-employed Pensioners) Orders, 1986 and DoPT’s Office Memorandum dated 1 May 2017.

After submitting a representation dated 10 April 2026, she approached the Tribunal when it remained undecided.

The respondents stated that the representation had been forwarded to the competent authority and would be considered under the applicable rules.

Section 19 of the Administrative Tribunals Act, 1985 provides the basis for invoking the Tribunal’s jurisdiction.

The CCS (Fixation of Pay of Re-employed Pensioners) Orders, 1986, and DoPT’s Office Memorandum dated 1 May 2017 were identified as relevant to the applicant’s claim; however, the Tribunal did not interpret or determine the substantive effect of those provisions.

The Tribunal directed that the representation be decided by a reasoned and speaking order, referring to the principles of natural justice.

The Tribunal did not adjudicate whether the applicant was entitled to pay protection or whether her pay had been correctly fixed.

The applicant accepted that the immediate relief sought could be met by a direction to decide her representation, while the respondents confirmed that it had been forwarded to the competent authority.

In light of those submissions, and without expressing any opinion on the merits, the Tribunal required the competent authority to consider the claim under the applicable rules and issue a reasoned order within a specified period.

If the decision favoured the applicant, her pay and any arrears were to be disbursed; if not, she remained at liberty to pursue remedies in accordance with law.

The O.A. was disposed of at the admission stage, with no order as to costs.