STATE OF RAJASTHAN Vs. NOOR BANO

JUDGEMENT

(1.) Leave granted. Heard counsel on both sides. The short but important question which needs to be decided in these appeals is regarding the extent of entitlement of "pre-1-9-1986 pensioners" in the State of Rajasthan under Government Order of even number dated 2-12-1989.

(2.) To decide the aforesaid question we need first to note the Government Order of October 20. 1987 on the subject of grant of minimum pension and family pension to pre-1-9-1986 State Governments pensioners. This order states that the pension admissible to the just mentioned class of pensioners "taken together" would not be less than Rs. 300/- per month. This amount has been said in the order to include original pension plus temporary increases in pension and increases in pension. Then came the order of December 2, 1989 on the subject of grant of additional relief to the aforesaid class of pensioners. It states, inter alia, that the additional relief shall be admissible to the pre-1-9-1986 pensioners at such rate which would depend upon the date of their retirement. The amount of additional relief varies from Rs. 50/- to Rs. 175/-. May we state that in the present appeals we are not concerned about the reasonableness of the classification based on the dates of retirement. All that we have been called upon to decide is whether in case of those pre-1-9-1986 pensioners, who were to receive as per the order of October 20, 1987 minimum of Rs. 300/-, a further sum of Rs. 75/- visualised by the second order has to be paid in all cases.

(3.) The view taken by the High Court of Rajasthan in the impugned judgment is that all the above pensioners would also be entitled to additional relief. The State has preferred this appeals by special leave.