Section 1274 in The Former Secretary Of State Service Officers (Conditions Of Service) Act, 1972.
1274.
Article 312 of the Constitution empowers Parliament to vary or revoke, whether prospectively or retrospectively, the conditions of service as respects remuneration, leave and pension and 'the rights as respects disciplinary matters of former Secretary of State Service Officers who continue to serve under the Government of India, or of a State and the conditions of service ac regards pension of former Secretary of State Service Officers who ceased to be in service at any time before the commencement of the Constitution (28th Amendment) Act, 1972. Some of these conditions of service are more favourable than those admissible to other Government servants and these have been continued in view of the guarantees contained in Article 314 of the Constitution as originally enacted. Consequent on the omission of Art. 314 of the Constitution, it is now necessary to bring the conditions of service of the aforesaid officers on par with those of other officers of corresponding services and expressly to make the provisions as to premature retirement applicable to the aforesaid officers retrospectively. However in respect of certain aspects relating to remuneration and pension, it is proposed to continue the existing terms since, Government do not, as a matter of policy, favour adverse changes in the conditions of service of Government servants as respects pay and pension during their service.2. To set at rest doubts in the matter and to avoid unnecessary litigation, it is proposed to make it clear that no former Secretary of State Service Officer shall he entitled or he deemed ever to have been entitled to chum pension in or in terms of sterling or that his pension shall he paid outside India3. The Bill seeks to give effect to these objects. Gaz., of India, 30-8-1972. Pt. II. S.2, Ext., p. 979.AMENDING ACT 24 OF 1975 - The Former Secretary of State Service Officers (Condition of Service) Act, 1972 (59 of 1972) was passed with a view to bringing the conditions of service of the former Secretary of State Service Officers on par with those of the officers of corresponding services and expressly to make provisions as to premature retirement applicable to the aforeside officers respectively. Since then in the light of the Third Pay Commission's Report certain changes in the matter of retirement and retirement benefits. As the possibility of similar inequitable situations arising in future also cannot be ruled out and as the intention underlying the principal Act is not to place any class of former Secretary of State Service officers in a less favourable position than officers of a comparable class, it seems appropriate to empower the Central Government to make suitable provisions for removing such inequities as and when they arise - Gazette of India, 21-12-1974, Pt. II-S. 2, Ext., p. 1237.[21st September, 1972]An Act to provide for the variation or revocation of the conditions of service of former Secretary of State Service officers in respect of certain matters and for matters connected therewith or incidental thereto.BE it enacted by Parliament in the Twenty-third Year of the Republic of India as follows :-
