SUDERSHAN MEHTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE prayer of the petitioner is that the respondents be directed to release pensionary benefits to the petitioner determining the same on the last pay drawn along with the interest on due amount from July 31, 1999 till payment of the amount of pension.

(2.) THE facts of the case are that the petitioner was in regular employment of Government of Rajasthan in school education. She was holding the post of Vice Principal from January 1, 1996 and drawing the salary in pay scale of Rs. 8000-13500. Her last place of posting was at Rajkiya Maharani Balika Ucch Madhyamik Vidyalaya, Bikaner. THE petitioner stood retired on July 31, 1999 on attaining the age of superannuation. THE post of Vice Principal, Lecturers Teachers Training College and Senior Deputy Inspector Schools were place at the equal status. After several requests only 75% gratuity Rs. 1,52,856/- has been released on November 22, 1999 and 25% sum Rs. 50,962/- is due. THE commutation amount Rs. 1,95,686/- is yet to be paid. While neither there was any due against the petitioner nor any departmental enquiry was pending.

(3.) ADMITTEDLY the pay scale of the petitioner was not changed while she was in the service till July 31, 1999, therefore the benefits accrued to the petitioner under the existing rules cannot be taken away by an amendment with retrospective effect. The act of the respondents in changing the pay scale of the petitioner with retrospective effect is arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution.