( 1 ) PETITIONER, who retired from government service as Member of Indian administrative Service with effect from april 30, 1984, was re-employed as member, Gujarat Revenue Tribunal with effect from May 1, 1984 to October 31, 1989. Petitioners pay on re-employment, as aforesaid, was fixed by adapting the formula of last pay drawn minus pension including pension equivalent of death-Cum-Retirement Gratuity ("dcrg" for short) and as a result of such fixation of his pay, Rs. 286. 80 Ps. were deducted every month from his salary by way of pension equivalent of dcrg was, however, not deducted from the petitioners pay with effect from august 1, 1988 under Government resolution No. NVT 3286 GCI-95-P dated August 17, 1988 issued by government of Gujarat in Finance department. The grievance of the petitioner is that while fixing his pay on re-employment, recovery or deduction of pension equivalent of DCRG was illegal and without authority.

( 2 ) THE question whether pension equivalent of DCRG can be recovered or deducted while fixing pay of a retired government servent, who has been re-employed, had come up for our consideration in the case of N. D. Buch v. State of Gujarat, Specia