In Brief
A retired Major in the Indian Army was re-appointed as Assistant Commandant in the CRPF at a lower basic pay and grade pay. He claimed that under the Central Civil Services (Fixation of Pay of Re-employed Pensioners) Order 1986, he was entitled to have his pay fixed at par with his last drawn military pay. The Delhi High Court allowed his writ petition. The Supreme Court reversed this, holding that Paragraph 8 does not guarantee pay protection at the last drawn rate. Instead, it permits advance increments for service years computed on the civil post's pay scale, with the last drawn military pay serving only as a ceiling. The Court dismissed the writ petition and quashed the High Court's order.
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