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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.