STATE OF RAJASTHAN Vs. RAM PRASAD

JUDGEMENT

(1.) BOTH the appellants i. e. the State of Rajasthan and the writ petitioner Ram Prasad, being aggrieved of the judgment dated 9. 03. 1999, rendered by the learned Single Judge in S. B. Civil Writ Petition No. 1983/1998, have preferred these two separate appeals.

(2.) THE admitted facts are that the writ petitioner was appointed as Account-ant in the year 1970 and thereafter he earned promotions and ultimately on completion of age of superannuation, retired on 31. 12. 97. THE writ petitioner was entitled to regular pension and other post retiral benefits in accordance with the Rajasthan Civil Services (Commutation of Pension) Rules, 1996, hereinafter referred to as `the Pension Rules'. THE said Rules came into effect from 1. 10. 1996. It appears that in order to tie over the financial burden, vide Notification dated 21. 03. 1998. Pension Rules came to be amended. Rule 6 provides for mode of pay-ment of arrears for the period 1. 1. 97 to 31. 12. 97. Amended Rule 6 reads as under: " Consequent upon revision in the pay scales and on account of above mentioned amendment, the Govt. servant retired/died during the per-iod 1. 9. 96 to 31. 12. 97, have become entitled to receive enhanced pen-sion/family pension w. e. f. 1. 1. 97, and in case of Govt. servant retired/ died during the period 1. 1. 97 to 31. 12. 97, have become entitled to en-hanced commutation and gratuity. THE amount of arrear on account of enhanced entitlement of pension/family pension, commutation and gratuity for the period 1. 1. 97 to 31. 12. 97, shall not be payable in cash. . . THE arrear amount for the period 1. 1. 97 to 31. 12. 97 shall be payable in sixty equal monthly instalments or at the option of the pensioner, shall be payable in sixty equal monthly instalments or at the option of the pensioner, shall be credited in the G. P. F. Account. . "

(3.) THE question which arises for consideration is- " Whether for the mode of payment of enhanced commutation and gratuity in accordance with the amended Rule 6 of the Amended Pension Rules, 1998 under the Notification dated 21. 03. 1998, the crucial date is specified date of retirement (on attaining the age of superannuation or otherwise provided) or the next day, the date from which the retirement becomes effective. "