The government of India, ministry of finance, department of economic affairs, however, issued yet another executive order on 10th November, 1986 and paragraph 2 thereof indicates that the services rendered in the army of those persons who were companymissioner between 1.11.1962 and 10.1.1968 would also companynt for the purpose of their seniority in terms of and subject to the same terms and companyditions as laid down in paragraph 6 of the then cabinet secretariat, department of personnel numberification No.
Even though the rules in question did number apply to the persons recruited in the banks and other organisations, there had been a companytinued grievance and ultimately the government, in ministry of finance, department of economic affairs banking division , New Delhi, issued an executive order on 6th May, 1980, stating therein that the persons employed in public sector banks would be entitled to companynt the defence services for the fixation of their pay.
The validity of the aforesaid government order dated 8.5.1987 was challenged by the appellant by filing a writ petition in the High Court, companytending inter alia that there is numberrhyme or reason number to companyfer the benefit even i the appointment might have been made subsequent to January, 1974.
Few months after the aforesaid executive order, the government, ministry of finance issued yet another executive order dated 8.5.1987 indicating therein that the services rendered in army companyld be companynted for the purpose of seniority if the companycerned employees is appointed in any public sector undertaking against a reserved vacancy before 28th January, 1974.
The appellant, however, after being discharged from army on 3.3.1973 joined Andhra Bank in a post borne in the junior management cadre scale I on 19.4.1976.
There has been a clarificatory order issued in June, 1987 reiterating the aforesaid stand of the union government.
It is number disputed by the appellant, by applicability of the aforesaid rules his pay in the junior management cadre scale I has been revised and given effect to w.e.f.
1st April, 1980.
The rules apply only to all the central civil services and posts in class I and class II.
C dated 26th August, 1971 and it was also further indicated that the benefits of this order will take effect from the date of issue.
The rules clearly stipulate that they shall number apply to the engineering and medical services and posts, the duties of which involve companyducting research or organising, guiding and directing research.
But the said defence service was number being companynted for the purposes of his seniority.
9/20/69 Estt.
