( 1 ) THE petitioner joined Government service as a Clerk with effect from 1/11/1943 In due course he was promoted to the post of Superintendent in the Department of Agriculture when his services came to be loaned to the Gujarat Agricultural University which started functioning with effect from 1/06/1972 While he was serving on deputation in the Agricultural University a vacancy arose in the cadre of Legal Assistant and the petitioner being a Law Graduate and fully acquainted with departmental activities was considered for appointment to the said post and was temporarily promoted as Legal Assistant in the scale of Rs. 350-850 (revised to Rs. 650-1200 with effect from 1/01/1973 ). Annexure A to the petition is a copy of the order temporarily promoting the petitioner to the post of Legal Assistant as a stop-gap arrangement. By Annexure B the pay of the petitioner was fixed at Rs. 525. 00 in the pay scale of Rs 350-850 with effect from 7/02/1973. Subsequently the University issued an advertisement No. 19 of 1975 dated 22/11/1975 for filling in the post of Legal Assistant on a long term basis. The petitioner applied for appointment to the said post by his application Annexure C dated 26/12/1975. He was interviewed by the Selection Committee and on being found fit a letter of appointment Annexure D came to be issued. It may be mentioned that while applying for the post of Legal Assistant the petitioner had in paragraph 6 of his application Annexure C stated as under:if selected I would accept the post of Legal Assistant in the University at pay of Rs. 920. 00 in the revised pay scale of Rs. 650-30-740-35-810-EB-880-40-1000- EB-40-1200 (exclusive of pension that may be admissible to me on retirement) in view of my above long standing experience and in view of the fact that I will have to let go any further liberalisation of pension rules which the Government may make in future after I retire from Government service. In the letter of appointment Annexure D no specific mention was made to this condition set out in paragraph 6 of the application. The letter of appointment Annexure D however was to the following effect :in continuation of your interview taken on 3/03/1976 for the post of Legal Assistant. in this University. I am directed to inform you that this University has decided to appoint you as Legal Assistant. in this University as fresh/ direct appointment. If you are willing this University may be intimated accordingly and please take necessary steps to get yourself relieved from Government and also to take up your appointment within three months. The petitioner conveyed his willingness to accept the appointment by his letter Annexure E dated 5/05/1976 but reiterated that his pay would have to be filed as stated in his application. After conveying his willingness to accept the appointment to the post of Legal Assistant in the Agricultural University the petitioner served notice of retirement Annexure F dated 24/06/1976. On expiry of the notice period the Government was pleased to allow the petitioner to retire voluntarily from Government service with effect from 23/09/1976 as per Rule 8 of the Revised Pension Rules 1950 read with Government Resolution of 1/06/1976. Annexure G to the petition is a copy of the Office Order issued under the signature of Director of Agriculture dated 21/09/1976 After the petitioner thus voluntarily retired from Government service a regular appointment order was issued by Registrar of the University Annexure B appointing the petitioner as Legal Assistant in the pay scale of Rs. 350-850 plus usual allowance as per University Rules. It was specifically mentioned in the said letter of appointment that the pay of the petitioner shall be fixed subject to approval by the concerned authority at Rs. 920. 00 per mouth from the date of his joining as Legal Assistant in the revised pay scale (proposed) of Rs. 650-1200. In the meantime he was permitted to draw his salary in the scale of Rs. 350