RAMJI LAL SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Meaningful question that requires consideration in all the four writ petitions is whether the cut off date mentioned in para 5 of the Notification dated March 21, 1998 was only an ipse dixit of the State Government and was introduced in an arbitrary and capricious manner taking out of that without any basis whatsoever?

(2.) Vide Notification dated March 21, 1988, the State Government amended the Rajasthan Civil Service (Pension) Rules, 1996. Clause 5 of the Notification reads as under:

(3.) The petitioners averred that they have suffered great financial loss and have been virtually deprived for the benefits of the revised pay scale Rules and the original Notification dated March 21, 1998 by which pension of the pensioners was made effective from Sept. 1, 1996. The contention of the petitioners is that on account of revision in pay scales, the petitioners are entitled to receive pay fixations in the new pay scales w.e.f. and if the pension is calculated at the revised new pay scales, they would get more than the present pension which they have been sanctioned as on date. Similarly if the commutation of pension admissible to an employee would have been calculated on the revised pension, they would get more than the amount which they have received at the time of retirement in view of the revised pay scales. The petitioners, averred that they have suffered immensely as their gratuity amount has also been calculated on the basis of the pay which they were drawing under the Rules of 1989. The petitioners averred that the gratuity amount has to be calculated on the basis of the last pay drawn under the revised pay scales, 1998. Further the petitioners submitted that they are being treated in a step motherly manner by the Government, the Rules of 1998 which have been made effective from Sept. 1, 1996 by the State Government making the pay fixations w.e.f. Sept. 1, 1996 have been applied differently for Government servants who have retired after Jan. 1, 1997. Those employees who have retired after Jan. 1, 1997 shall be entitled to receive gratuity and commutation of pension under the revised Pay Scale Rules, 1998. The retrospective date of Jan. 1, 1997 for granting of gratuity and commutation of pension has been arbitrarily fixed creating an artificial classification amongst the retired employees of the Government of Rajasthan in between the date of commencement of the Rules of 1998 i.e. Sept. 1, 1996 and the date of actual issuance of the Notification dated March 21, 1998. The petitioners averred that they have also seriously suffered on account of the denial of the arrears of pension accruable to them merely because they retired between Sept. I, 1996 to Dec. 31, 1996. No plausible explanation has been given while making such an amendment in the Rules.