Pension Regulation stipulates rate of pension as 50% of
the average emoluments. Average emoluments have been defined in Regulation 2
(2) of these Regulations ... Pension Regulations, provides for payment of pension @ 50% of the average
emoluments. The average emoluments have been defined in Regulation 2 (2) to
mean average
respect of three counts, namely, the appellant's age, his monthly
emoluments and his property status. The respective contentions of the parties on these ... side of the respondent did not relate to the appellant.
(ii) Monthly . Emoluments. The total monthly emoluments of the appellant were declared
wages. It reads as under : "'basic wages' means all emoluments which are earned by an employee while on duty or on leave ... wages. It reads as under : " 'basic wages' means all emoluments which are earned by an employee while on duty or on leave
writ petition so far as the prayer for payment of higher emoluments for assignment in Algeria was concerned, giving liberty to the employee to file ... agreed to proceed to Algeria on terms and conditions and emoluments stated in the agreement applicable to staff. At no stage during his assignment
present
pension of all pre-1986 pensioners is based on the average emoluments
drawn by them during last completed 10 months immediately preceding
the date ... Pension shall continue to be calculated at 50% of the average
emoluments in all cases and shall be subject to a minimum
Overseas pay, special pay and personal pay; and
(iii)Any other emoluments which he may be specifically as pay by the president.
Average Pay - Average ... time.
9. Rule 49 of the Railway Services (Pension) Rules, 1993 defines Emoluments as "(a) emolument:, of for the purpose of calculating various retirement
Action: - Special Liberalized Family Award,
equivalent to the commuted value of Emoluments last drawn X
Purchase Value X 12.
(b) Death Attributable to Force Service ... Special Family
Award, equivalent to the commuted value of 50% of Emoluments
last drawn X Purchase Value X 12.
Note: - Emoluments as mentioned
amount of pension has to
be calculated at 50% of the average emoluments to which a Civil
Servant is entitled. The expression „average emoluments ... rule 33 of the Rules means: "The expression „emoluments‟
means „basic pay‟ which, as defined in Rule 9(21)(a)(1) of
the Fundamental
defines the expression "basic wages" to mean "all
emoluments which are earned by an employee while on duty or on leave ... expression "basic wages" has been defined to mean "all
emoluments which are earned by an employee while on duty or on leave
Rule 49 and thus held that the respondent is entitled
for additional emoluments admissible under law. The Tribunal
repelled that the controlling authority was within ... accept the plea of the petitioner for not paying the
difference in emoluments on the ground that the Government cannot
approbate and reprobate by contending
