Revised Pension Rules, 1950
contained in the Appendix XIV-C to BCSR
Rules, Volume II, as amended from time to
time, the family pensions scheme ... considered as qualifying services.
5.The general provisions of chapter XI
of BCSR Rules Vol.I will be applicable in
granting retirement benefits
with the provisions of Rule 41 of the Bombay Civil
Services Rules (BCSR) and therefore the District
Education Officer by an order dated 28.06.1999 granted ... petition. He would
submit that the provisions of Rule 41 of the BCSR,
particularly note 8 thereof, squarely applies to the case of
the petitioner
Rule 161 of the Bombay Civil
Services Rules, 1959 (for short 'BCSR')with
retrospective effect from 09.08.2001.
4.1 With respect to the above ... Rules in force were Rules
274 and 301 of the BCSR which provided that a government
servant who is compulsorily retired from government service
Revised Pension Rules, 1950 contained in the
Appendix XIV-C to BCSR Rules, Volume II, as
amended from time to time, the family pensions
scheme ... considered as qualifying services.
7. The general provisions of chapter XI of BCSR
Rules Vol.I will be applicable in granting
retirement benefits
judgement and held as under:
"3. Under Rule 250 of the BCSR, it is provided in Clause
(b) that unless Government in any case ... Annexure-A, Note : 4 has been added to Rule 250 of
BCSR by notification dated 1st May, 1971 and the said
Note 4 reads
Rule 41 of the
Bombay Civil Service Rules (for short 'BCSR'). The
request was rejected.
2.3 The respondent thereafter approached this court ... Government
Resolution dated 17.06.1994, Note 8 to Rule 41 of the
BCSR would not apply. She would take us through the
Government Resolution dated
invalid pension under Rule
258 read with Rule 201 of the BCSR. According to the
affidavit-in-reply since the petitioner did not produce ... outset, it shall be relevant to peruse Rule 258
of the BCSR as per which the petitioner seems to be seeking
invalid pension. Rule
annexed to the reply, it
would indicate that Rule 161 of the BCSR, now Rule 10(4)
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from 950-1275 with retrospective effect in view of Rule 51
of BCSR by granting premature increment. That exercise
was ultimately finalized and order
accordance with law on the issue after considering Rule 274 of the BCSR
without being influenced by the orders of this court.
5. With
