Mukund K. Pai vs Punjab National Bank 2025 INSC 1033 - Service Law - Re-Fixation Of Pay
"Observance of the principles of natural justice in cases of re-fixation of pay leading to financial loss is sine qua non."
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Service Law - Observance of the principles of natural justice in cases of re-fixation of pay leading to financial loss is sine qua non. (Para 24)
Service Law - Three essentials for refixation of the pay of an ex-serviceman on re-employment in the public sector bank; (i) They would be entitled to protection of pay plus DA drawn by them at the time of release from Armed Forces; and would further be entitled for entire pension and benefit of MSP, if any, in their pension from the Government on reemployment; (ii) During fixation of pay in re-employment, the pay would mean Basic Pay plus Special Allowance/Special Pay, as the case may be, to the re-employed post; (iii) While fixing the pay of ex-servicemen, the pay protected plus pension would not exceed the minimum of the scale of pay of the General Manager in the Bank in terms of the guidelines issued by the Ministry of Finance. (Para 19)
Case Info
Case Details
- Case Name: Mukund K. Pai & Ors. v. Punjab National Bank & Ors.
- Neutral Citation: 2025 INSC 1033
- Coram:
- Justice J.K. Maheshwari
- Justice Vijay Bishnoi
- Judgment Date: 30 July 2025
Caselaws and Citations
- State Bank of India and Others v. K. P. SubbaiahCitation: (2003) 11 SCC 646
- Bhagwan Shukla v. Union of India and OthersCitation: (1994) 6 SCC 154
Statutes / Laws / Guidelines Referred
- 2014 Guidelines: Guidelines for fixation of pay of ex-servicemen/ex-ECOs/SSCOs, re-employed in Public Sector Banks etc. on or after 01.01.2006, issued by Department of Financial Services (Welfare), Government of India.
- DoPT O.M. No. 3/19/2009 – Estt(pay II) dated 5 April 2010
- DoPT O.M. No. 3/19/2009-Estt (Pay-II) dated 8 November 2010
- Ministry of Defence letter No.1/69/2008/D(Pay/Service) dated 24 July 2009
- Ministry of Finance letter No.F4/1/98-SCT(B) dated 2 September 1998
