JUDGMENT S.B. SINHA, J :

1. Leave granted.

2. Whether a person who has resigned from service is entitled to the benefit of revision of scale of pay with retrospective effect is the question involved in this appeal which arises out of a judgment and order dated 11.01.2006 passed by the Division Bench of the Kerala High Court in Writ Appeal No. 2004 of 2005.

3. Appellant herein was employed as Director (Finance) in the respondent No. 2 company which is an undertaking of respondent No. 1. He was a full time employee. He resigned from services on 23.05.1995.

4. The Government of India subsequently issued an office memorandum (OM) dated 19.07.1995 whereby and whereunder the scales of pay for the top posts, i.e., `executives holding board level posts were revised with effect from 1.01.1992. We are concerned herein with Schedule `C posts in respect whereof existing scale of pay of Rs. 7500-200-8500 was revised to Rs. 10000-400-12000.

Para 8 of the said OM dated 19.07.1995, which is material for our purpose, reads as under: "8. The administrative Ministries are requested to fix the pay of the incumbents of the Board level posts who were in employment in their enterprises as on 1.1.92 in th