Sabina, J. - (1.) THIS petition has been filed by the petitioner seeking a direction to the respondents to fix his salary by taking into consideration his military service.
(2.) CASE of the petitioner, in brief, is that he had joined military service on 16.7.1960 and had served the Artillery Division up to 26.4.1964. Thereafter, petitioner was re -enrolled on 18.9.1964 as E.M.E. clerk and retired as Naik Clerk on 18.1.1978. Petitioner, thereafter, joined respondent No. 2 as a typist on 26.12.1979. The basic pay of the petitioner as a typist was ? 175/ -. As per appointment letter (Annexure P -2), gross salary of the petitioner was ? 671/ -. However, the respondents had failed to fix the salary of the petitioner by taking into consideration his military service. Learned senior counsel for the petitioner has submitted that the salary of the petitioner was liable to be fixed by taking into consideration his military service. In fact, petitioner was liable to be granted one increment for each year of military service rendered by him to the minimum of lower division clerk scale of pay.
(3.) LEARNED counsel for the respondents, on the other hand, has opposed the petition and has submitted that the salary of the petitioner had been fixed in terms of their policy Annexure P -3. Para 3 of Annexure P -3 reads as under: - 3. Pay Fixation Re -employment 3.1. Fitment formula: 3.1.1. Basic salary of a re -employed ex -serviceman shall be fitted at the minimum of the scale in which he is appointed. However, if the gross salary as per 'Y' below at the minimum of the scale does not produce an amount equal to or more than the last drawn gross salary as per X below in the defence services, additional increment/(s), as may be necessary, over minimum of the scale shall be allowed to make up the difference and thus provide protection to the last drawn gross salary. 3.1. 2. If in exceptional cases, fitment even at the ceiling of the entry grade does not provide full protection, personal allowance shall be granted which may be absorbed against future increase in emoluments. 3.2. "X" i.e. last drawn gross s salary in the defence services at the time of release shall be the aggregate of the following components : (i) Pay as defined in sub -para 3(ix) of the Department of Personnel & Training O.M. No. 3/1/ 85 -B -tt. (P -II) dated 31.7.1986. Relevant extracts of the O.M. are given in the Appendix 'A'. (ii) Dearness Allowance. (iii) Additional Dearness Allowance. (iv) Interim Relief. (v) City Compensatory Allowance. (vi) Compensation in lieu of Quarters/House Rent Allowance and (vii) Ration Allowance.. 3.3. 'Y' i.e. Gross salary in our industry shall be the aggregate of the following: - (i) Basic salary in the scale in which the ex -serviceman is re -employed. (ii) Dearness Allowance. (iii) House Rent Allowance. (iv) City compensatory Allowance. 3.4. Components of defence salary (i.e. 'X') including such allowance as are indicated in 3.2 above are to be taken into account on the basis of discharge certificate/last pay certificate of the individual employee. If the last pay certificate does not show details of such allowances e.g. Ration Allowance or CILQ, the same may be ascertained as per Rank wise entitlement with proper proof from the appropriate authorities. In case of difficulties in this regard reference may be made to GIC with full detail.;