Law:

Section:

(a) Civil Servants Act (LXX1 of 1973)--S. 17---Civil Service Regulations, Regin. 526---Members of Armed Forces retired from army and permanently inducted in Civil Departments ---Accountant-General, while determining pay of such inductees, deducting military pensions which they were receiving on account of service in Armed Forces---Service Tribunal upholding claim of such inductees holding that deductions made from their pays on account of military pension were illegal---Validity--- Expression "in accordance with the rules in S. 17, Civil Servants Act, 1973, makes entitlement of a civil servant to the pay sanctioned for the post or grade to which he was holding subject to relevant rules---Regulation 526(b), Civil Service Regulations enjoins that a military officer who was granted a pension under Military Rules, while he was in civil employ, would draw such pension but the Authority competent to fix pay and allowances of the post in civil employ could with effect from the date from which pension was granted, reduce such pay and allowances' with reference to such officer by any amount not exceeding the amount of such pension---While determining regular pays of posts in Civil department of such inductees. Authority was competent to deduct the amount of their military pensions---Judgments of Service Tribunal were set aside in circumstances. (b) Civil Servants Act (LXXI of 1973)--- ----S. 17---Civil Service Regulations, Regln. 526---Consistency of Regln.526, Civil Service Regulations with provisions of S. 17, Civil Servants Act, 1973--­Entitlement to pay of a civil servant was not an unqualified right under provisions of S. 17, Civil Servants Act, 1973---Quantum of such pay was to be determined by relevant rules viz. Civil Service Regulations, Regn. 526---Civil Service Regulations, thus could not be treated as inconsistent with provisions of S.17, Civil Servants Act, 1973. (c) Civil Servants Act (LXXI of 1973)--- ----Ss. 2(1)(d) & 17---Civil Service Regulations, Regin. 526---Fundamental Rules, R. 21(2)---Expression, "in accordance with rules"---Connotation---Contention that expression, "in accordance with the rules" in S. 17, Civil Servants Act, 1973 had a.…

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