SUGAN CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this writ petition filed under Article 226 of the Constitution, petitioner Suganchand has challenged the validity of Rule 250 of the Rajasthan Service Rules, 1951 (for short 'the Rules') and Regulation 4(2) of the Rajasthan Public Service Commission (Conditions of Service) Regulations, 1974 (hereinafter to be referred as 'the Regulations) and has prayed for the issuance of an appropriate writ, order or direction to the respondents to pay him pension on the basis of the last pay drawn by him as Member of the Rajasthan Public Service Commission (to be called as 'RPSC').

(2.) THE facts, necessary to be noticed, for the disposal of this writ petition briefly stated are: that initially, the petitioner was appointed as Lecturer in Govt. College in the year 1965 and thereafter, he was promoted to the post of Head of the Department vide order Annexure -1 dated 7.5.1987 with effect from 1.4.1986 in the pay -scale of Rs. 3700 -5700. Later on, he was appointed as Member of the RPSC vide order Annexure -2 dated 26.5.1986 and he joined as Member of the RPSC on 28.5.1986. He was also appointed as Chairman of the RPSC on officiating basis vide order dated 27.11.1989 and he continued on that post till 5.9.1990 when Shri Yatindra Singh was appointed as Chairman of the RPSC.

(3.) HE has submitted that the payment of pension to the Govt. servants is governed by the provisions contained in part III of the Rules and computation of pension of a Govt. servant is to be made as per Rule 256 -D of the Rules. Rule 250 of the Rules defines emoluments, which reads as under: Rule 250. Definition of 'Emoluments' - The term 'Emoluments' when used in this Part of the Service Rules, means the emoluments, which the Govt. servant was receiving immediately before his retirement and includes: