PENSIONERS ACTION COMMITTEE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner Pensioners Action Committee (hereinafter referred to as the Action Committee) through its Secretary has filed this writ petition praying that the order dated 2. 9. 1985 whereby maximum qualifiying service has been provided may be struck off and calculation of pension may be directed to be made taking the span of 30 years for determining the maximum pension for those who retired at the age of 55 years. It has also been prayed that Rule 27 (A) (ii) (b) regarding resto ration of commuted pension be declared void and ultra vires.

(2.) SECCINCTLY stated the facts of the case as alleged by the petitioner Action Committee are that the Rajasthan State employ ees age of retirement, pension and other benefits are governed by the Rajasthan Service Rules, 1951. Earlier the age of retirement of all government employees other than Class IV was, 55 years and maximum benefits were admissible after competion of 30 years of service. The age of superannuation was raleised to 58 years during the period 1962-67 but the maximum benefit continued to accrue after 30 years of service. It is also alleged that vide notification dt. 2. 9. 1985, the amount of pension was ordered to be calculated on the maximum qualifying service of 33 years. Being aggrieved with the notification dated 2. 9. 1985 the peti tioner Action Committee has filed this writ petition on 14. 10. 1987.

(3.) THE petitioner's claim is that its members have been retired at the age of 55 years and completed only 30 years of qualifying service, hence they are entitled for maximum pensionary benefits even on the basis of the maximum qualifying service of 30 years and the State Government cannot arbitrarily alter the rules subsequently since the pensioners had acquired a vested right so far as the maximum period of qualifying service for pension is concerned, on the date of entry into government service.