R S MALVIYA Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner, by means of this petition under Article 226 of the Constitution of India, seeks a writ of certiorari to quash the Government Orders contained in letters No. 493/vii-H. C-80/84, dated 29-3-1989 and 1758/vii-H. C-80/84, dated 21-7-1989 (Annexures VI and XI to the writ petition by which the State Government rejected the petitioners' rep resentations regarding fixation of pay), a writ of mandamus commanding the respon dents to comply with the terms of the con tract as embodied in para (2) of the order of re- appointment (G. O. No. 3060/vii-H. C-80/84, dated 10-11-1986 (Annexure-I to the writ petition) read with the provisions of Articles 520 and 521 of Chapter XXI of Civil Services Regulationsand a writ or order holding that the provisions of G. O. No. C-3-1393/x-958/80, dated 20-7-1985 (Annexure X to the writ petition) also apply to re-employed pensioners.

(2.) THE petitioner retired as Dy. Registrar of this Court on 28-2-1983 and at the time of his retirement was drawing basic salary of Rs, 2200 plus Rs. 75-00 as personal pay exclusive of clearness and other allowan ces. It is alleged that on the asking of the Hon'ble Chief Justice of this Court, the State Government sanctioned the petitioner's re-appointment on an ex-cadre post of Officer on Special Duty in the office of Hon'ble Chief Justice on 10-11 -1986 vide Annexure No. 1 to the writ petition. THE Hon'ble Chief Justice of this Court vide Annexure II to the writ petition appointed the petitioner on 12- 11-1986 on the aforesaid sanctioned post. THE petitioner was paid monthly emoluments as follows: Last pay drawn - Rs. 2200. 00 Personal Pay - Rs. 75. 00 Total Rs. 2275. 00 Less Pension (-) - Rs. 1029. 00 Less the amountequal to gratuity - Rs. 296. 15 Rs. 949. 35 P. D. A. , Addl. D. A. , T. R. A. and I. R. on Rs. 949. 85. In all the petitioner was paid Rs. 2097. 75 P. as total emoluments upon his re-employment.