M. R. Sharma, J. - (1.) The appellant joined the service of the erstwhile Jind State in its Military Department as a Hindi teacher on March 15, 1926. On Dec. 12, 1936, his services were transferred to the Education Department of the Jind State. The Jind State merged in the Pepsu Union with effect from Sept. 1, 1948, when the appellant became an employee of the Education Department of Pepsu. Thereafter, the State of Pepsu was also merged in Punjab and the appellant was absorbed in the service of the Education Department of the joint Punjab. He retired from service on April 2, 1961. At that time he was drawing a basic salary of Rs. 200 and Rs. 65 as dearness allowance and other allowances per mensem. If the services put in by him in the Military Department of the erstwhile Jind State were to be taken into consideration, the net pension payable to him came to Rs. 104 per mensem. The authorities concerned, however, ignored the military service put in by the appellant with effect from March 15, 1926 to Dec. 12, 1938, with the Military Department of erstwhile Jind State and fixed his pension at the rate of Rs. 78.13 per mensem.
(2.) The appellant filed a civil suit for declaration that he was entitled to receive pension at the rate of Rs. 104 per mensem. This suit was allowed by the learned trial Court: but on appeal the learned District Judge held that there was no rule on the point and the executive decision taken by the Government on Jan. 21, 1965, could 'not be given any retrospective effect, and reversed the decree granted by the learned trial Judge in favour of the appellant.
(3.) He has come up in second appeal before me.;