Facts
The thirty-five applicants are ex-servicemen who retired from the Indian Army below the rank of Commissioned Officers and before attaining 55 years of age
Source reference: p. 7Following their retirement, they were re-employed by Northern Railway in various Group 'D' posts such as Trackmen, Gatemen, and Khalasies
Source reference: p. 7The applicants joined the Railways after 01.01.2006; specifically, Applicant No. 1 joined on 05.04.2011
Source reference: p. 13The applicants alleged that the respondents failed to correctly fix their pay by ignoring the element of Military Service Pay (MSP) and the benefit of "ignoring pension" as prescribed in the Department of Personnel & Training (DOP&T) Office Memorandum (OM) dated 05.04.2010
Source reference: p. 7-8They sought parity with instructions issued by Western Railway and a direction to fix their pay as per RBE No. 167/2011
Source reference: p. 8-9Issues
1. Whether the applicants, as non-commissioned officers re-employed after 05.04.2011, are entitled to the inclusion of Military Service Pay (MSP) in their pay fixation under the DOP&T OM dated 05.04.2010
Source reference: p. 13-142. Whether the applicants fall within the categories defined in Paragraphs 3(iii), (iv), or (v) of the DOP&T OM dated 05.04.2010 for the purpose of pay migration and fitment
Source reference: p. 14-15Law Applied
The court primarily applied the DOP&T OM dated 05.04.2010, which governs the pay fixation of re-employed pensioners, specifically distinguishing between those re-employed before and after 01.01.2006
Source reference: p. 14It further relied on Railway Board circulars RBE No. 167/2011 and RBE No. 122/2015
Source reference: p. 10, 16RBE No. 122/2015 clarifies that for non-commissioned officers, while pension is not deducted from re-employed pay, their pay is restricted to the "Entry Pay" in the revised pay structure applicable to direct recruits on or after 01.01.2006
Source reference: p. 11-12Reasoning
The Tribunal analyzed the applicability of the DOP&T OM dated 05.04.2010 to the applicants' specific dates of re-employment.
Source reference: p. 14The court noted that Paragraph 4(d) of the OM (ignoring the entire pension for PBOR retired before age 55) had already been applied to the applicants
Source reference: p. 14Regarding the further benefits claimed, the court found that Paragraphs 3(iii) and (iv) of the OM apply only to those re-employed on or before 01.01.2006, which does not include the applicants
Source reference: p. 14Paragraph 3(v), which allows for notional pay fixation based on the last basic pay, applies only to those who retired prior to 01.01.2006 and were re-employed between 01.01.2006 and 05.04.2010
Source reference: p. 16-17Since the applicants joined the Railway service after the issuance of the OM (e.g., in 2011), they are ineligible for the transitional benefits and MSP inclusion reserved for those earlier categories
Source reference: p. 17The Tribunal also determined that RBE No. 122/2015 effectively superseded any conflicting Zonal Railway instructions, mandating that non-commissioned officers be placed at the Entry Pay level
Source reference: p. 11, 16Holding
The Tribunal held that the applicants’ claims were devoid of merit as their re-employment occurred after the cut-off dates specified in the relevant OMs and circulars
The court directly answered that the applicants are not entitled to the fitment benefits of Paragraph 3(v) of the 2010 OM because they joined service after 05.04.2010
Source reference: p. 17Consequently, the Original Application was dismissed, and all pending Miscellaneous Applications were disposed of with no order as to costs
Source reference: p. 17Original Court PDF
Ishwar SinghvsM/o Railways
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