UNION OF INDIA Vs. L V VISHWANATHAN

JUDGEMENT

(1.) The respondents in both these appeals retired as Audit Officers from the Office of the Accountant General, Andhra Pradesh, after more than 30 years of service. The respondents, some time prior to their retirement, had been sent on deputation to the A. P. Secretariat and they continued to be on deputation till the date of their retirement. Each person when he is sent on deputation has an option either to opt for the pay in the parent office plus a deputation allowance or to opt for the scale of pay in the deputation post. Both the respondents had opted for retaining their pay in the parent office plus a deputation allowance. The respondent in Civil No. 3343 of 1990 (L. V. Vishwanathan) retired on 31/1/1987 while the respondent in Civil No. 8851 of 1994 (M. S. Sabhesan) retired on 31/5/1986. At the time of their retirement, under Rule 33 of the central Services Pension Rules which are applicable to the respondents, emoluments for the purpose of calculation of pension were defined to mean pay as defined in Fundamental Rule 9 (21. Fundamental Rule 9 (21 is as follows:

(2.) After the Fourth central Pay Commission Report, government orders were issued in June 1986 revising the pay scales with effect from 1/1/1986. Thereafter under an office memorandum dated 14/4/1987 issued by the government of India, Ministry of Personnel, Public Grievances and Pensions, there was a revision in the provisions regulating, inter alia, pension. In the opening part of the office memorandum it is stated that:

(3.) As a result of this modification only sub-clause (i) of Fundamental Rule 9 (21 (a) would constitute basic pay, excluding sub-clauses (ii) and (iii). Therefore, since special pay is excluded from sub-clause (i) , the basic pay would have to be calculated by excluding deputation allowance. In consequence. Rule 33 of the CCS Pension Rules was amended in 1988 with retrospective effect from 1/1/1986. Previously, Rule 33 of CCS Pension Rules defined "emoluments" as follows: