• Pay fixation of reemployed pensioner

Respected sirs.
Iam an exserviceman and now employed as Civilian Store Keeper in Air force again. I was a store keeper while in uniform and again a store keeper now too, but from civilian side. I had a basic pay of 46000 during retired date and now I have joined for 19000 basic pay. As per rule 16 of fixation of pay of reemployed pensioners, 1986 orders, I can avail fixation of pay. Can your goodness be grateful in advising me if I can get pay fixation as per my last basic pay. Please.
Thankingyou 
Yours sincerely 
Manjunath Swamy 
Call. [deleted]
Asked 6 years ago in Labour

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

6 Answers

At what age you retired, if after 55 yrs of age, fixation of pay of reemployed pensioners, 1986 orders dose not apply on you.

Hence, if you were holding post below commissioned officer rank at the time of retirement, not eligible for pay protection

 


Order 4(a): Re-employed pensioners shall be allowed to draw pay only in the Level in the revised pay structure applicable to the post in which they are re-employed. No protection of the scales of pay/pay structure of the post held by them prior to retirement shall be given.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

It will depend on the designation you are serving.  You can apply the same if not granted you need to approach high court under writ petition

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Since you have joined in the ex-servicemen quota, your pay has been protected  as per existing law, hence you have been furnished with the LPC.

You can apply for refixation of pay as per your entitlement based on the last pay drawn in the Indian Air Force.

This rule is applicable for re-employment in any governmental organisation, now this being a central government organisation they have to re-fix your salary on the basis  of the existing rules in this regard.

If your representation do not invoke proper response from the authorities concerned, you may resort to legal action through appropriate legal forum for relief and remedy.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

The ex-serviceman who is so re-employed will get the minimum of the pay scale and in addition, he will also get his full pension as ex-serviceman.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

A pay fixation order would be applicable to you and hence this option is available to you. Give a  representation in this regard to the concerned authority.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

  1. As per the information mentioned in the present query, makes it clear that you wish to know the chances of availing the pay fixation benefit in your present job.
  2. As per the rule 16 of Fixation of pay of reemployed pensioners guidelines/ rules you are eligible for the same.
  3. If you are not getting the benefit of the same then you should write a representation to the present department to consider your case as per law.
  4. If they do not reply in positive then you may have to approach the Hon’ble High Court Inder Writ Jurisdiction to avail your rights.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer