SARDUL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, who retired as Lt. Col. (time- scale, from the Indian Army on June 22, 1971, was reemployed against the vacancy of a Major on July 10, 1971. On re-employment he was paid fixed emoluments @ Rs. 1400/- per month upto December 31, 1972. On account of the revision in scale of pay, his emoluments were fixed at Rs. 1800/- per month w.e.f. January 1, 1973. He continued to draw his salary tiff January 1, 1976.

(2.) On July 29, 1978, the Government of India issued revised instructions regarding fixation of pay of re-employed officers. In paragraph 4 of these instructions provision was made for fixation of initial pay. In paragraphs 9 and 12 it was provided as under :-

(3.) These are the two provisions which fall for consideration in this case. Mr. P.S. Kang learned counsel for the petitioner, submits that the petitioner was re-employed on July 10, 1971 and continued in service till June 22, 1980. According to learned counsel the benefit of increments for the period from January 2, 1976 to June 22, 1980 has been given to the petitioner. The benefit for the period from July 10, 1971 to January 1, 1976 has been wrongly declined. Since repeated representations made by the petitioner having been rejected by the authorities, the petitioner has approached this Court through the present writ petition. None has appeared on behalf of the respondents to controvert the submission made on behalf of the petitioner.