JUDGMENT

Nanavati, J.-Leave granted.

2. The point which arises for consideration, in this batch of appeals, is whether an ex-serviceman, who after his retirement before attaining the age of 55 is re-employed in civil service, while getting his pay fixed, is entitled to an advance increment only if his pay plus pension plus pension equivalent of gratuity is less than the last pay drawn at the time of retirement.

3. This question arises in the context of the following facts and circumstances. It is unnecessary to refer to the facts of all these appeals and, therefore, we refer to the facts of Civil Appeal No. 4077 of 1992 only. Ravindran, Applicant in O.A. No. 3 of 1989, out of which this appeal arises, after his retirement from Air Force, was re-employed as a Postal Assistant on 29.11.83. He had served in the Air Force from 4.11.65 to 30.11.80. His last pay in the Air Force was Rs. 400/- per month and his pension on the basis of the said service was fixed at Rs. 187/- per month. The pension equivalent of gratuity was Rs. 20.17. On his re-employment as a Postal Assistant in the scale of Rs. 260-8-340-10-360-12-480 his pay was fixed at Rs. 260/- being the minimum of the pay scale. Acco