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 rank w. e. f. September 9, 1944.

3. The Government of India, Ministry of Home Affairs, New Delhi, by letter dated July 19, 1951, forwarded a statement showing the years of allotment assigned to various officers borne on the Indian Civil Administrative cadre of Orissa. The year of allotment assigned to the petitioner was 1943 1/2 for purposes of seniority, on the basis of his particulars as available at that time. On receiving his representation, the Ministry of Defence was requested to furnish information regarding the particulars of his pay and allowances drawn by him during the period December 31, 1944 to December 31, 1948. As the information furnished by the Ministry of Defence did not tally with those furnished by the petitioner in his application for recruitment to the Indian Administrative Service to the Special Recruitment Board, he was asked to explain the discrepancy between the particulars furnished by him and those furnished by the Ministry of Defence. He was also asked to explain why his seniority should not be calculated on the basis of the information furnished by the Ministry of Defence according to which his year of allotment should have been 1945. On receiving his reply, the Government of India, Ministry of Home Affairs, by its letter dated June 11, 1952, decided after due consideration that his protection pay should be treated as part of his pay, the allowance like the Calcutta Compensatory and Lodging allowances etc. were not to be counted as part of his pay. It was further decided that the deficiency of six days in counting the number of completed years of actual experience could not be condoned. The Government of India, Ministry of Home Affairs, accordingly, fixed the year of allotment of the petitioner to the Indian Administrative Service as 1944.

4. The appellant has had a chequered career. It appears that the petitioner faced heavy weather in the State of Orissa, from where in 1952 he was sent out on deputation to the Government of India i. e. after had served the State Government of Orissa for a period of little less than two years. Thereafter, he remained continuously on deputation with the Govt. of India for 12 1/2 years till he was reverted to his parent State on April 23 1965, despite the objection of the then Chief Minister. He served as Deputy Secretary to the Government of India in the Ministry of Transport from 1955 to 1961. On April 1, 1961 he proceeded on long leave. On his return from leave, the petitioner was appointed as the Salt Commissioner and Managing Director, Hondustan Salt Ltd. with headquarters at Jaipur. He held both the posts until December 23, 1963 and only as Salt Commissioner till April, 7, 1964, whereafter he was reverted to the State of Orissa. On his reversion to the State, he was first appointed as