(1.) V.P. Gautam (hereinafter referred to as the appellant), a member of Indian Administrative Service, was allocated to the State of Haryana after the re-organisation of State of Punjab. He retired from service on attaining the age of superannuation on April 29, 1967. On retirement, he was eligible to get highest pension under the All India Services (Death-cum-Retirement Benefits) Rules, 1958 (hereinafter referred to as the Rules). Appellant was allowed pension at the maximum rate of Rs. 675/- per month and death-cum-retirement gratuity (for short 'DCRG') of Rs. 24,000/-. The rules were amended by notification No. 33/12/73AIS(Il) dated December 24, 1975. The rules were further amended vide notification dated December 1, 1979. These two notifications were given effect to from January 1, 1973 and December 31, 1979 respectively. The ceiling limit of gratuity was fixed at Rs. 30,000/- by first notification. Similarly, the ceiling limit of maximum pension was raised to Rs. 1500/- per month by the second notification and the ceiling limit of gratuity remained unchanged. Further amendment in the rules was made vide notification dated February 19, 1981 and a provision was made to the effect that the maximum pension in the case of a member of All India Service who retires from the post of Cabinet Secretary and Secretary to the Council of Ministers, Government of India, was to be Rs. 1700/- per month.
(2.) Appellant approached the Accountant General, Punjab and the Department of Personnel and Administrative Reforms in the Cabinet Secretariat of the Union of India for enhancement of his retirement benefits in pursuance to the notifications dated December 24, 1975 and December 1, 1979. The plea raised by the appellant was not conceded to by the Department. Appellant filed C.W.P. No. 4685 of 1975, challenging the validity of Rule 28(6) of the Rules and claimed that he was entitled to the maximum pension admissible under the rules in accordance with the various notifications issued from time to time. Learned Single Judge of this court held that the provisions contained in Rule 28(6) of the Rules which require that claim of the members of the service to the retirement benefits were to be regulated by the Rules in force at the time he retired from service were violative of Article 14 of the Constitution and thus invalid. Appellant was consequently granted liberalised pensionary benefits as a result of the amendments made vide 1975 and 1979 notifications irrespective of the fact that the appellant had retired in the year 1967. Appellant was further held entitled to 12% compound interest on the amount which had been unjustifiably withheld from him. Writ was issued in the following terms and the learned Single Judge in para 18 of the judgment observed thus :-
(3.) Union of India filed L.P.A. No. 755 of 1983 which was dismissed by Division Bench of this Court on August 30, 1983. Special Leave Petition and Civil Appeal Nos. 2738 and 2739, were also dismissed by the Supreme Court on February 12, 1985.