MANSHA RAM PUROHIT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE facts in this case are not in dispute. THE petitioner Shri Mansha Ram Purohit was a District Judge in the ordinary scale in substantive capacity, when he was given promotion in the officiating capacity in the selection scale of Rs. 1800-2250 on 21st of June, 1961. Earlier he was drawing a salary of Rs. 1180/- in the ordinary scale. In the selection scale he was drawing a salary of Rs. 1900/- when he retired on 9th of November 1962. He had been paid his pension and gratuity taking into account his substantive pay in the ordinary scale of the District Judge. However, he claimed that he was entitled to his pension and gratuity on the basis of the officiating pay he was drawing at the time of his retirement. This contention of the petitioner was negatived by the State Government and, therefore, he had to file this present writ petition.

(2.) WE have heard the learned counsel for the petitioner and the learned Additional Government Advocate and have perused the relevant provisions under the Rajasthan Service Rules. Rule 247 of these Rules provides how the amount of pension is to be regulated. Rule 256 then lays down the scales of pension and gratuity and Rule 257 relates to the death cum retirement gratuity. Rule 250 defines emoluments whereas Rule 251 defines average emoluments Rule 250a prescribes how the emoluments of a person who has retired on or after 18th of December 1961 and had held a post carrying higher pay than his substantive post in given circumstances are to be ascertained and Rule 250c prescribes how the emoluments of a person who retired on or after 1st of April 1970 have to be ascertained. In this case the petitioner fails under the category of persons who retired on or after 18th of December, 1961 and his date of retirement was 9th of November 1962.

(3.) THE petition is accordingly allowed. .