CWP(T) No. 4511 of 2008 30.7.2010 Present: Ms. Sunita Sharma, Advocate, for the petitioner. Mr. R. K. Sharma, Senior Additional Advocate General with Mr. Rajesh Mandhotra, Dy. A. G. for the respondents/State. As per the averments made by the petitioner he joined the Indian Navy on 8.1.1960 i.e. before 1.11.1962. Thus keeping in view the ratio of law laid down by the Apex Court in State of Himachal Pradesh versus Piar Singh, 2002 (6) SLR 24 relief No. 1 and 2 cannot be granted. 2. Insofar as relief No. 3 is concerned Annexure A-2 is the representation and pay cannot be fixed in terms thereof. After leaving the Indian Navy petitioner joined the services of the respondent on 20.10.1981. Annexure A-1 is office memorandum dated 18.6.1986. In terms of the said memorandum the respondents have clarified that “for the fixation of pay of an ex-serviceman who retires from Army after 1.1.1978, the elements to be taken into account for fixation of his pay in Civil will be his last basis pay plus dearness allowance, interim relief, dearness pay and additional dearness allowance sanctioned up to 1.1.1978 and not the quantum of dearness pay, dearness allowance with interim relief and additional dearness allowance which he was receiving on the date of his retirement”. Now in terms of this letter petitioner has undisputedly exercised his option and yet the respondents have not taken any necessary action. 3. As such the respondents are directed to fix the petitioner’s pay in terms of office memorandum dated 18.6.1986. The needful be positively done within a period of three months from the date of the -2- receipt of the certified copy of the order. Petition stands disposed of accordingly. (Sanjay Karol), Judge. July 30, 2010 (PK)