Under clause I, the pay of ex serviceman upto the rank of number commissioned officers re employed On 25.1,83 or thereafter, may be fixed at the minimum of the pay scale under the Government of India order dated 25.11,58 and they will be entitled to draw full pension from military authorities subject to the fulfilment of other companyditions as laid down in the order The respondent, in the present case, was re employed on 29.1.85 and his pay fixation on re employment was done in accordance with the G.O. of 8.2.83 and office Memorandum of 25.1 1,58.
1 who was an ex serviceman was re employed by the appellant corporation as Lower Division Clerk.
Under the office Memorandum of 25.11.58, re employed pensioners were allowed only the prescribed scales of pay.
His pay was fixed at the minimum of the pay scale and he was also entitled to his full pension as an ex serviceman.
This Government order was in operation at the material time along with the office Memorandum of 25.11.58.
1998 Supp 3 SCR 268 The following Order of the Court was delivered Civil Appeal Nos.
Civil Appeal No.
6872 6875 and 7622 23/94.
Respondent No.
6890/94.
It is the companytention of the respondent that under the G.O. of 8.2,83, his pension has to be ignored in fixing his pay on re employment.
