Judgment

MATHEW, J.:- This appeal, by special leave, is directed against a judgment of the Delhi High Court , passed in appeal from the order of a learned single Judge of that Court partially allowing a writ petition filed by the appellant.

2. The appellant, while holding medical licentiate qualification ,was taken in the Army Medical Service as an Emergency Commissioned Officer in the rank of Lieutenant on December 14, 1943. He functioned as commissioned officer for a period of three years, ten months and 26 days, and was relieved on November 10, 1947. He was again taken as a Short Service Commissioned officer on June 1, 1950, and served in that capacity for a period of 3 years, 5 months and 17 days, and he was relived on November 17, 1953, Thus the total period of his full commissioned service, both as Emergency and as Short Service Commissioned Officer, came to 7 years, 4 months and 13 days. In the year 1954, it was decided to form a reserve of medical officers to be called A.M.C. Reserve and Army Instruction No. I/S dated May 27, 1954, was issued by the Government of India for that purpose. According to the instruction, the A.M.C. Reserve was divided into our classes, A , B