Judgment

SEN, J.:- This appeal, by special leave, is directed against the judgment and order of the High Court of Orissa, dated November 24, 1970, dismissing the appellants writ petition for fixation of his year of allotment in the Indian Administrative Service as 1942 instead of 1944 and for giving necessary benefits to him in the fixation of his pay.

2. The facts of this case are complicated and involved. It is nevertheless necessary to unravel these complicated facts, in order to appreciate clearly what are the questions which must be dealt with in this appeal. The appellant having been selected by the Special Recruitment Board as an Emergency Recruit from the Open Market, was appointed to the Indian Administrative Service on August 7, 1950 and allocated to the Orissa cadre. He was born on January 7, 1915, and joined the Editorial Staff of the Civil and Military Gazette, Lahore, towards the end of 1938. He continued to serve the Civil and Military Gazette up to January 7, 1943, when he joined the Army. During the Second World War, he was granted an Emergency Commission in the Army w. e. f. March 7, 1943 with the rank of Lieutenant w. e. f. June 3, 1948 but with seniority in that r