- (1.) Leave granted.
(2.) This appeal is directed against the judgment and order passed by the High Court of Delhi in Writ Petition (Civil) No.7657 of 1999 dated 20.08.2010. By the impugned judgment and order, the High Court has dismissed the Writ Petition filed by the appellant against the orders passed by the Central Administrative Tribunal (for short 'the Tribunal'). The issue that falls for our consideration and decision in this appeal is with regard to the fixation of pay and other terminal benefits of the appellant, pursuant to the Office Memorandums (for short 'O.M.s') dated 31.07.1986 and 20.01.1991.
(3.) The facts in nutshell are: The appellant had joined the Indian Navy as Artificer apprentice on 24.1.1971. Subsequently, he worked as a sailor. After completing nearly 14 years of service, the appellant was discharged from service on 31.01.1985. Nearly after four years, the appellant was re-employed as Auditor under the Director General of Audit, Defence Services. While in service, the Central Government had come out with a beneficial O.M. dated 20.01.1991 which prescribed the manner of re-fixation of pay of the re-employed ex-servicemen. Pursuant to the said O.M., the appellant had exercised his option for computing the service in the Indian Navy for the purpose of pensionary and other monetary benefits. The appellant was further directed to deposit gratuity and DCRG received from Naval Service. On depositing such amount, the respondents, vide order dated 23.9.1991, allowed him to count his Naval Service as qualifying service towards his Civil Service as Auditor. However, the appellant s request for re-fixation of his pay was rejected by the respondent authorities by their communication dated 26.6.1996 and 14.05.1997. Being aggrieved by the orders so passed by the respondents, the appellant had approached the Tribunal by filing an application. ;