Order

Civil Appeal Nos. 6872-6875 and 7622-23/94

Learned counsel for the appellants states that in view of the decision of this Court in Union of India & Ors. v. G. Vasudevan Pillay & Ors.1 they are not pressing these appeals. The appeals are dismissed as not pressed.

Civil Appeal No. 6890/94

2. Respondent No. 1 who was an ex-serviceman was re-employed by the appellant-Corporation as Lower Division Clerk. His pay was fixed at the minimum of the pay scale and he was also entitled to his full pension as an ex-serviceman. The Government Order of 8.2.83 inter alia, provides that in the case of ex-servicemen who retire before attaining the age of 55 years and are re-employed (in the case of personnel below the rank of a Commissioned Officer) the entire pension may be ignored in fixing the pay on re-employment. This Government Order was in operation at the material time along with the Office Memorandum of 25.11.58.

3. Under the Office Memorandum of 25.11.58, re-employed pensioners were allowed only the prescribed scales of pay. The initial pay, on re-employment, was required to be fixed at the minimum of the scale of pay prescribed for the post in which the ex-serviceman, was re-employed. Ho