JUDGMENT

RATNAVEL PANDIAN, J. :— This is an appeal by special leave from the judgment of the Gujarat High Court dismissing the appeal made in Letters Patent Appeal No. 145 of 1978 arising from the order passed in Special Civil Application No. 268 of 1978 of the said High Court.

2. As this case has a chequerred history spreading over decades, we feel that the relevant facts that are necessary for the disposal of this appeal are to be stated in brief. The appellant was born on 15th January, 1909 and he obtained the Degree of Bachelor of Engineering (Civil). He joined the service of the erstwhile State of Junagadh in Saurashtra region on 1st August, 1934. While the appellant was in the service of Junagadh State, he was governed by the Junagadh State Pension and Parwashi Allowances Rules of 1932 (hereinafter called as "Junagadh Rules) which had been published in the official Gazette of that State and which were subsequently codified and published in the Junagadh State Account Code. Rule 241-A of the aforesaid Junagadh Rules provided for pension and Parwashi Allowances. The State of Junagadh was integrated into the State of Saurashtra on 20th January, 1949. Thereafter the appellant was