1972 (10) TMI 130 - SC - Indian Laws

Summary

Issues:
1. Interpretation of a government order providing benefits to ex-military personnel on re-employment.
2. Determination of whether the order applied to a specific individual re-employed before the specified date.
3. Analysis of the justiciability of administrative orders and their enforceability in court.

Analysis:
1. The judgment deals with the interpretation of a government order issued by the Ministry of Defence providing benefits to ex-military personnel on re-employment based on their length of military service. The order allowed for fixed increments in the pay scale based on the total number of completed years of military service. The key issue was whether the individual in question was entitled to the benefits outlined in the order.

2. The individual, a combatant Clerk in the Indian Army, was re-employed before the specified date mentioned in the order. The appellant contended that since the individual was re-employed before the cutoff date, the order did not apply to him, and his case could not be reopened. However, the respondent argued that an exception existed in the order for individuals re-employed before the specified date for an unspecified period and who exercised the option to be brought under the provisions of the order. The Court agreed with the respondent's contention, holding that the individual was entitled to the benefits outlined in the order.

3. The judgment also addressed the justiciability of administrative orders and their enforceability in court. While administrative orders generally do not confer justiciable rights, exceptions exist where such orders can confer rights and impose duties. The Court emphasized that the order in question conferred a right upon the individual to have his pay fixed as specified, which was part of the conditions of his service. Therefore, the Court enforced the right conferred by the order. However, the Court clarified that the order was not retrospective, and the pay should be fixed from the date of the order, not retrospectively. The appeal was dismissed with this modification, and no costs were awarded.

Overall, the judgment clarified the interpretation of the government order, affirmed the entitlement of the individual to its benefits, and addressed the justiciability of administrative orders in enforcing rights conferred by such orders.