UNION OF INDIA Vs. I M LAL

JUDGEMENT

(1.) In these letters patent appeals (L.P.A. Nos. 27, 64, 65 and 66 of 1970) the main question is whether the retired members of the Indian Civil Service residing in India are entitled to be paid their pensions in pound sterling in the United Kingdom. The decision depends on the construction of the relevant provisions of law. The guarantee that the conditions of their service would be the same as they were at the commencement of the Constitution is contained in Article 314 of the Constitution which is as follows:

(2.) Sarvasbri Krisima Prasad, I.M. Lal and R.P. Kapur who had been "appointed by the Secretary of State" within the meaning of Article 314 to the Indian Civil Service retired after the commencement of the Constitution. Sarvashri Krishna Prassad and I.M. Lal retired after serving the full period of their service while Shri R.P. Kapur chose to retire after serving over 25 years but not for the full period of service. Their entitlement to pension (called "annuity" being paid annually) is governed primarily by Articles 561, 983 and 984 of the Civil Service Regulations as they stood at the commencement of the Constitution. They are, therefore, reproduced below:-

(3.) Shri R.P. Kapur is also governed by the Premature Retirement Rules, 1937, the relevant part of paragraphs 2 and 3 of the Second Schedule of which are as follows:-