Full Judgment
1. The petitioner is an ex-serviceman, who was discharged from the Defence Service. Thereafter, he was re-employed in the 3rd respondent company. The mode of fixation of pay on such reemployment is prescribed in Ext.P1 circular issued by the 2nd respondent. Based on the same, the petitioner's pay had been fixed. But subsequently circulars were issued regarding such fixation contrary to each other. A writ petition filed by another employee challenging one of them was allowed by Ext.P5 judgment. The writ appeal filed against Ext.P5 judgment has also been dismissed.
Another writ petition viz.,O.P.No.12010/1996, filed by another person in respect of the same subject matter is also stated to be disposed of. In view of the pendency of those proceedings and interim orders therein, the petitioner’s pay had not been refixed to his detriment. Going by the age in the affidavit accompanying the original petition, the petitioner has already attained the age of superannuation.
The petitioner seeks the following reliefs;
"i. to declare that paragraph 5 of Exhibit P2 circular is illegal, unconstitutional and ultravires and therefore, unenforceable against the petitioner.
ii. To issue a writ of mandamus or any other appropriate writ, order or n commanding the respondents 3 and 4 not to alter the pay fixation made in the case of the petitioner on his re- employment by enforcing paragraph 5 of Exhibit P2 Circular."
2. No counter affidavit has been filed by the respondents. As such, the averments of the petitioner in the original petition stand uncontroverted. Now that the petitioner has already retired from service and he has received his benefits in accordance with the original fixation, I dispose of this original petition confirming the original fixation of pay as per which he has retired from service and declaring that all service benefits and retirement benefits due to him shall be regulated in accordance with the original fixation of pay as per Ext.P1 circular.