(1.) After his retirement on superannuation as Noncommissioned Officer of the Indian Navy, the petitioner served the Power Development Department of the State Government from July 1997 to February 2006 as Junior Engineer, on re-employment. His Claim to Dearness Relief on Pension from Navy was declined on the ground that his pay having not been fixed at the minimum of the pay scale during his re-employment, he was disentitled to the Dearness Relief on Pension.
(2.) According to the respondents, the pay of the petitioner having been fixed allowing him the benefit of eight increments, he was not entitled to Dearness Relief on Pension because in terms of the Office Memorandum, it was available only to those re-employed officers whose pay was fixed in the minimum of the pay scale.
(3.) I have heard learned counsel for the parties and considered their submissions.