STATE OF RAJASTHAN Vs. PREM RAJ

JUDGEMENT

(1.) THESE two appeals involve a common question of law and as such were heard together and are being disposed off by the common judgment. The respondent in both the appeals are pre-1979-retiree, the respondent in Civil Appeal No. 5450 of 1994 having superannuated on 14-11-1969 and the respondent in the other appeal having superannuated before December 1968. On superannuation, their pension had been computed in accordance with Rule 256 of the Rajasthan Service Rules 1951, (hereinafter referred to as 'the Rules') whereunder Dearness Allowance received by them while in service had not been taken into account for computation in the amount of pension. On 18/03/1971 the Governor of Rajasthan in exercise of powers conferred by proviso to Article 309 of the Constitution amended the Rules giving it retrospective effect w.e.f. 1-4-1970, which was inserted as Rule 250-C(1)(a). The said provision stipulates that in case of Government Servants retiring from service on or after 1-4-1970 the term "emoluments" used for the purpose of pension, service gratuity and death-cum-retirement gratuity shall mean the pay as defined in Rule 7(24) and Dearness pay appropriate to pay, if any, which the officer was receiving immediately before his retirement. The aforesaid provision is extracted herein below in extenso :

(2.) BY the said Notification dated 18/03/1971 Rule 250-A(1) was also amended giving it retrospective effect from w.e.f. 1-4-1970, which is extracted hereinbelow in extenso :

(3.) IN the second case, the writ petition was heard by a learned single Judge who allowed the same on identical grounds and an appeal against the same to the Division Bench by the State of Rajasthan was dismissed and thus the appeal by special leave therein.