Short Service Commissioned Officers entitled to advance increments for prior military service in civil appointments.

The applicant, Dr. (Major) Saminathan P, served in the Armed Forces Medical Services for five years and three months (February 6, 2003, to May 2, 2008).

In 2013, he was appointed as an Assistant Professor of Pathology at the National Institute of Siddha through Direct Recruitment.

He sought protection of his last drawn pay from the Army, which was initially denied by the 2nd respondent on January 6, 2015, on the ground that his Army service was contractual.

The applicant then sought clarification from the Ministry of Defence, which confirmed that his service was approved and regular military service.

Despite this clarification, his representation for pay fixation submitted on July 24, 2015, was rejected.

The respondents contended that the applicant was not a re-employed pensioner, his service was contractual, and his pay was fixed as per CCS (RP) Rules, 2008, making CCS (Fixation of Pay of Re-employed Pensioner) Orders, 1986, inapplicable.

Whether the applicant is entitled to the benefit of advance increments for his military service in the Armed Forces Medical Services (AFMS) based on the CCS (Fixation of Pay of Re-employed Pensioner) Orders, 1986, and instructions from the Ministry of Home Affairs and Ministry of Defence.

Whether the applicant's service as a Short Service Commissioned Officer in the AFMS should be considered "approved and regular military service" for the purpose of pay fixation upon his appointment to a civil post.

The court primarily referred to the CCS (Fixation of Pay of Re-employed Pensioner) Orders, 1986, specifically Clause 8, which reproduces an OM dated November 29, 1984, issued by the Ministry of Home Affairs.

This OM provides that Emergency Commissioned Officers and Short Service Commissioned Officers appointed to unreserved vacancies in Government service may be granted advance increments equal to their completed years of service in the Armed Forces, provided their basic pay does not exceed the last drawn basic pay in the Armed Forces.

The court also considered a letter dated May 29, 2015, from the Ministry of Defence (Director, AFMS), certifying the applicant's service as "approved bonafide and regular military service".

The court noted that the core issue was whether the applicant's service in the AFMS on Short Service Commission should be counted for pay fixation.

The respondents' contention that the service was contractual and that the CCS (Fixation of Pay of Re-employed Pensioner) Orders, 1986, did not apply to the applicant because he was not a pensioner was directly contradicted by the official clarification from the Ministry of Defence.

The Ministry of Defence, in its letter dated May 29, 2015, explicitly certified the applicant's five years and three months of service as "approved and regular military service".

This clarification rendered the respondents' argument that the service was contractual invalid.

Therefore, the explicit provisions of the Ministry of Home Affairs' OM dated November 29, 1984 (reproduced in the CCS (Fixation of Pay of Re-employed Pensioner) Orders, 1986), which specifically addresses advance increments for Short Service Commissioned Officers on appointment to civil posts, became applicable.

The court found that this OM, along with the Ministry of Defence's communication, clarified the official position, overriding the respondents' initial grounds for rejection.

The court directed the 2nd Respondent to set aside the order PF.No.NIS/116 dated September 30, 2015.

The 2nd Respondent was directed to fix the applicant's pay by granting five advance increments, corresponding to his completed years of Military Service, from his date of appointment.

This fixation was subject to the condition that his basic pay should not exceed the last drawn basic pay in his last posting in the AFMS.

The 2nd Respondent was further directed to pay all attendant benefits pursuant to such fixation, including arrears from the date of appointment.

The exercise was to be completed within three months from the receipt of a certified copy of the order.