ORDER

By Hon’ble Mr. Rajveer Singh Verma, Member (J) :-

The present applicants are the ex-servicemen retired from the Indian Army when they were below the rank of Commissioned Officers and retired below attaining the age of 55 years. They were re-employed in the Northern Railway under DRM Office, New Delhi as Trackmen/Gatemen/Khalasies/Helpers. On their re-employment, the respondents did not correctly fix their pay and give the benefit of M.S.P (Military Service Pay), ignoring the Office Memorandum dated 05.04.2010 issued by the DOP&T, which says that pension received from earlier service would be ignored in respect to the candidates who retired from military service on the posts which were below rank of Commissioned Officer and who were less than 55 years of age at the time of retirement. Aggrieved, the applicants preferred representation signed by applicant No.1 in a representative capacity, to which the respondents did not respond. In the meantime, General Manager (Western Railway), Mumbai had issued instructions for fixation of pay of the ex-serv