KSRIRANGACHAR Vs. STATE OF MYSORE AND

JUDGEMENT

(1.) The petitioner, who retired on 5th June 1952 on pension from the service of the erstwhile State of Mysore as Inspector of Police, prays in this Writ Petition for the issue of an appropriate Writ directing the respondents, viz., the State Government and the Accountant General in Mysore, to pay him dearness allowance in respect of his pension in terms of the orders of the State Government dated 25th January 1957, 6th August 1958 and 27th February 1961 annexed to the petition as Exs. B, C and D respectively, declaring as violative of Article 14 of the Constitution a certain interpretation placed on these orders by the Accountant General, which was incorporated in. September 1958 as a new Rule No. 147-A in the Mysore Treasury Code as a result of which, he complains, he has been deprived of the dearness allowance justly due to him under the said Government Orders.

(2.) tinder the Rules in force at the time the petitioner retired from service governing pension, he became entitled to the payment of a monthly pension of Rs. 110-31/- nP. In accordance with the provisions of the said Pension Rules, the petitioner was permitted to commute Rs. 25/- out of the said pension by receiving a lump sum payment of Rs. 3024-14/- nP. being the commuted value of Rs. 25/- out of his pension. The commutation so sanctioned was given effect to from Ist October 1952 whereafter the cash payment received by the petitioner every month on account of pension was Rs. 85-31/- nP.

(3.) In October 1952, the Rajpramukh of Mysore in exercise of the powers under Article 309 of the Constitution of India amended the Service Rules relating to pension. The new Rules were called the Revised Pension Rules. Under the Revised Rules, Government servants retiring from service either on superannuation or in certain other specified circumstances were given the benefit of a lump sum payment called the Death-cum-Retirement Gratuity in addition to a monthly payment by way of pension. Under these Revised Rules, it was provided that the provisions of the Service Regulations in respect of commutation of pension were not to be applicable to Government servants governed by the Revised Rules. It appears that sometime in 1958 a further amendment was made to the Revised Rules restoring the old option of commuting a certain portion of the pension with the sanction of the Government.