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Completed six Scale of Maximum
monthly Gratuity Pension
periods of pension (in Rs.
per
qualifying annum)
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1 2 3
66 33/80th " " 12000.00
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The effect of the aforesaid amendment was that while
the maximum pension in respect of Government Servants
retiring from service on or after 1.4.1970 was 8,100, but
those who retired on or after 31.10.1974 it became 12,000
and while in case of the former pension was to be computed
on 30/80th but in case of later it became 33/80th. By
Notification dated 2.12.74 Rule 250-C(3) was also amended
providing therein that in case of Government servants
retiring on or after 31.10.1974 the term "emoluments" used
for the purpose of pension, service gratuity and death-cum-
retirement gratuity shall mean pay as defined in Rule 7(24)
and shall include dearness allowance, dearness pay (where
admissible) and ad-hoc reliefs admissible on 31.12.1972. By
Notification dated 21.1.1980, the Government of Rajashtan
provided a revised formula for calculation of pension on
slab basis in respect of Government Servants retiring on or
after 31st March, 1979. By yet another Notification dated
September 2, 1985, the Government of Rajasthan extended the
benefit of revised pension formula to pre-31.3.1979
pensioners. This benefit was extended to pre 31.3.1979 retir
ees possibly because of the decision of this Court in D.S.
Nakara & Ors. Vs. Union of India, 1983 (2) SCR 165. The
respondent in the first case approached the Rajasthan High
Court in the year 1989 which was registered as Civil Writ
Petition No. 575 of 1989 claiming the benefits of the three
amended provisions referred to earlier and contended that
the amended provisions so far as they provided a cut-off
date for its application are arbitrary. It may be stated
that the Circular of September 2, 1985 by which revised
pension formula was extended to pre-31.3.1979 pensioners was
not challenged and on the other hand it was prayed that
after determination of the emoluments in accordance with the
amended provisions of 1970 and 1974, the relief may be
granted in accordance with the Circular dated September 2,
1985. The Division Bench of the rajasthan High Court
following the decision of this Court in Nakara's case
referred to supra struck down the cut-off date of 1.4.1970
in Rule 256-A as well as struck down the cut-off date of
1.4.1973 in Rule 250-C and also struck down the cut-off date
provided under sub-rule 3 of Rule 250-C. It also held that
the computation of pension as per Rule 256-B should be made
applicable to all Government Servants irrespective of date
of retirement and the provision making it applicable to
those Government servants who have retired on or after
31.10.1974 is invalid. The High Court further directed that
the pension of the respondent should be refixed as per
Notification dated 2.9.1985 after determining the emoluments
of the respondent under the amended provisions.