J S AMARNATH Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner seeks a Writ in the nature of Certiorari for quashing the order of fixation of pension, with consequential prayer for issuance of Writ in the nature of Mandamus to re-fix the pay and allowances of the Petitioner in accordance with, law Ministry of Finance(Department of Expenditure)) Memorandum in O.M. No. 8(34)/E iii /57, dated 25.11.1958 and O.M. No. F.7(34)-E.III/62, dated 16.11.1964 and to release arrears etc.

(2.) In support of the prayer made, it is pleaded that the Petitioner served the Indian Air Force for 16 1/2 years and thereafter, took Voluntary Retirement from Service on 27.03.1978. The Petitioner was appointed as Clerk and subsequently promoted as Special Assistant, from where he retired in the year 2001.

(3.) It is the case of the Petitioner that the Ministry of Finance in order to regulate the pay of Re-employed ex-servicemen issued a General Policy memorandum in the year 1958 vide Memo No. 8(34) E III/67, dated 25.11.1958, protecting the pay last drawn by ex-servicemen in the defence services.