ACHUTH RAJ MELOTH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner was a member of the Public Service Commission. He served the Commission for six years and he vacated the office. Later the pension of the members of PSC was revised at the request of the Chairman and members as per Ext. P1. Thereupon one is entitled to get pension of Rs. 250/- per completed year of service. This was later revised as Rs. 350/- as per Ext. P2. It was made clear in both the Government Orders that no D.A. will be granted to pensioners. The maximum pension was Rs. 1500/-, which was revised to Rs. 2100/- as per Ext. P2 the petitioner is aggrieved by Exts. P1 and P2 in so far as the said orders deny payment of D.A. The petitioner submits that this is discriminatory as compared by Ext. P12 notification to the extent. It provides for payment of gratuity to the Chairman and members.

(2.) Payment of D.A. and payment of gratuity are different things. Merely because gratuity is made payable in terms of Ext. P12, that does not ipso facto entitle him to claim the benefit of D.A. Therefore that contention does not hold good. Petitioner further submits that Exts. P1 and P2 are offending proviso Art.318 of the Constitution of India. The said proviso reads as follows:

(3.) The further contention raised by the petitioner is that Exts. P1 and P2 is violative of R.4 of the Kerala Public Service Commission (Composition and Conditions of Service of Members & Staff) Regulations, 1957. The said rule reads as follows: