On 15th July, 1960, the Government of India, Ministry of Defence, issued a general Order called Office Memorandum No.
The option should be exercised in writing within a period of three months from the date of issue of these orders.
Appeal by special leave from the judgment and order dated September 9, 1966 of the Mysore High Court in Writ Petition No.
The Order so far as it is relevant for the purpose of this appeal is companytained in paragraphs 3 and 4 thereof and they read as follows These orders will apply to all cases of reemployment occurring on or after 25 11 58 and past cases will number be reopened.
In the cases of pensioners who are in service on the date of issue of these orders and have been re employed from a date prior to 25 11 1958 for an unspecified period or for a period which extends beyond the date of issue of the present orders may, subject to their option, be brought under the provisions of these orders with immediate effect.
P. Maheshwari and C. L Joseph, for the respondent.
P. Rao and S. N. Prasad and B. D. Sharma, for the appellant.
The general effect of that Order was that those who are entitled to its benefits, would get fixed in the scale applicable to them by adding to the bottom of their scales increments equal to the total number of companypleted years of military service.
The option once exercised shall be final.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The first respondent was a companybatant Clerk in the Indian Army for a period of more than 14 years.
The High Court allowed the writ petition and issued an order directing respondent No.
2.50 by an Order dated 28th October, 1958, with effect from the date of re employment, i.e., 2 7 1953.
70/ plus a personal pay of Rs.
His pay was re fixed in the above scale at Rs.
The Judgment of the Court was delivered by MATHEW, J. This is an appeal by Special Leave from the order dated the 9th of September, 1966 passed by the High Court of Mysore in a Writ Petition filed by the first respondent.
55 85EB 4 125 5 130.
On 2nd July 1953, he was re employed as an ordinary clerk on the pay scale of Rs.
885 of 1964.
He was discharged from that post on 9th June, 1953.
1204 of 1967.
