The Delhi High Court rules in favour of re-employed pensioners, holds last pay drawn includes all other allowances

The Delhi High Court in CONT .CAS (C) 534/2021 & CM APPL 24240/2022, wherein petitioners were retired judicial officers from the District Court, Delhi and retired from executive department of GNCTD were appointed as members of State Consumer Disputes Redressal Commission & District Consumer Redressal Forums in Delhi, as per the Delhi Consumer Protection Rules, 1987 (“Rules”) the members were entitled to receive salaries based on the last pay drawn minus the pension. The respondent excluded allowances and other emoluments for the purpose of calculation of last pay drawn salary. Aggrieved by the same, petitioners approached the High Court. After scrutiny of the of the rules, the Delhi High court held that ‘last pay drawn’ would include all emoluments including contributory fund contributions along with basic pay and dearness allowances, for re-employed pensioners.