S. N. AGGARWAL, J.

( 1 ) THE petitioner, now a practicing advocate, took voluntary premature retirement from the service of Air Force on 31. 12. 1997 after serving there for twenty one and a half years in various ranks. He took retirement at the age of about 44 years and at that time he was holding the rank of Wing Commander (Time scale) to which rank he was promoted on 16. 6. 1997 shortly before his premature retirement on his request. He was initially granted pension of Rs. 5,779 per month in the rank of Wing Commander (TS ). Later on, on the representation of the petitioner his pension was finally fixed at Rs. 6,433 per month admissible to sqn. leaders since the same was more than the pension payable to Wing Commander (time scale ). While fixing the pension of the petitioner at Rs. 6,433 per month, he was granted weightage of eight years of service in terms of GOI letters dated 30. 10. 1987 and 3. 2. 1998. As such, service of twenty nine and a half years was taken into account while calculating the final pension of the petitioner instead of twenty one and a half years actually rendered by him at the time of his voluntary retirement. The petitioner has now contended in this writ