CHAUDHARY KESAVA RAO KAZI MOHAMMAD HAMEEDULLA M SHYAMALA DEVI V P JAYA CHANDRA REDDY MOHAMMAD YASEEN B JANKI RAM MOHD ABDUL WALI FAROOQI Vs. STATE OF ANDHRA PRADESH
LAWS(SC)-1990-8-4
SUPREME COURT OF INDIA
Decided on August 24,1990

CHAUDHARY KESAVA RAO,KAZI MOHD.HAMEEDULLA,M.SHYAMALA DEVI,V.P.JAYA CHANDRA REDDY,MOHAMMAD YASEEN,B.JANKI RAM,MOHD.ABDUL WALI FAROOQI Appellant
VERSUS
STATE OF ANDHARA PRADESH Respondents


Referred Judgements :-

D S NAKARA VS. UNION OF INDIA [DISTINGUISHED]



Cited Judgements :-

NON GOVT RETIRED TEACHERS ASSOCIATION VS. STATE OF ANDHRA PRADESH [LAWS(APH)-1991-2-43] [REFERRED TO]
REGIONAL PROVIDENT FUND COMMISSIONER MAHARASHTRA AND GOA VS. MAFATLAL GROUP STAFF ASSOCIATION [LAWS(BOM)-1993-2-78] [REFERRED TO]
NAVKIRAN KAPOOR VS. STATE OF J&K [LAWS(J&K)-2008-2-13] [REFERRED TO]
UNEMPLOYED UNION OF KALAKOTE VS. STATE [LAWS(J&K)-1996-2-13] [REFERRED TO]
ADARSH KOUR VS. STATE OF J&K [LAWS(J&K)-1998-8-15] [REFERRED TO]
RANBIR SINGH VS. UNION OF INDIA [LAWS(CA)-2014-12-38] [REFERRED TO]
STATE OF KERALA VS. M. SRINIVASAN [LAWS(KER)-1995-10-35] [REFERRED TO]
UNEMPLOYED UNION OF KALAKOTE VS. STATE [LAWS(J&K)-1998-2-62] [REFERRED TO]
PROF. A. V. VARKEY AND OTHERS VS. STATE OF KERALA AND OTHERS [LAWS(KER)-1995-10-43] [REFERRED TO]
VED RAJ SHARMA VS. M N MAZOOMDAR [LAWS(J&K)-1998-7-53] [REFERRED]
BANARSI LAL SHARMA VS. CENTRAL BANK OF INDIA [LAWS(J&K)-1998-7-57] [REFERRED]
P.V. SREENIVASAIAH VS. STATE OF M.P. [LAWS(MPH)-2017-4-83] [REFERRED TO]


JUDGEMENT

Kasliwal, J. - (1.)The above mentioned bunch of writ petitions under Article 32 of the Constitution of India have been filed by the retired Government servants of the Government of Andhra Pradesh having retired in between 1st April, 1978 and 28th October, 1979. The case of the petitioners is that in pursuance to persistent demands made by the State Government Employees to revise their pay scales the Andhra Pradesh Government by Government Order dated November 3, 1977 appointed Shri A. Krishnaswamy, I. A. S. (Retd.) as the Pay Revision Commissioner. By another Government Order dated January 28, 1978 the Pay Revision Commissioner was also directed to review the existing retirement benefits inter alia to all employees of the State Government and to examine the question of extension of retirement benefits. and make suitable recommendations in that regard. The Pay Revision Commissioner submitted a report comprised of five volumes. The Commission recommended that the date from which the revised scales of pay would be given effect to should be April 1, 1978. In Paragraphs 9.42 to 9.45 of its report the Pay Revision Commissioner specifically recommended that the age of retirement should be. increased from 55 years to 58 years. It has been alleged that so far as the recommendations of the Commission in regard to the increased pay scales are concerned, the same were accepted and implemented by the State Government w.e.f. April 1, 1978. But so far as the recommendation in regard to increase in. the age of superannuation from 55 years to 58 years, the same was implemented only w.e.f. October 29, 1979 through G.O.M.S. No. 283 Finance and Planning.
(2.)It has also been alleged by the petitioners that the State Government issued G.O.(P) No. 88 Finance and Planning dated March 26, 1980 whereby the Revised Pension Rules, 1980 were promulgated. The above rules divided the Government servants for the purpose of pension into two parts, Part I applying to all Government servants who were in service on 29th October, 1979 and Part II applying to such of the Government servants who retired/died in between Ist April, 1978 and 28th October, 1979 (both dates inclusive). The contention of the petitioners is that by the above Rules two categories of pensioners were created with different rates of pension which is completely arbitrary and in violation of the law declared by this Hon'ble Court in D. IS. Nakara v. Union of India (1983) 2 SCR 165. The petitioners have, therefore, prayed that Pension Rules Part II which has been made applicable to Government servants having retired between Ist April, 1978 and 28th October, 1979 be quashed and it may be directed that they would also be governed by Part I of the Rules which is applicable to those Government servants who were in service on 29th October, 1979.
(3.)The counter-affidavit has been filed on behalf of the State of Andhra Pradesh. in the counter- affidavit it has been stated that Pay Revision Commissioner was appointed to review the structure of different scales of Pay, dearness allowance and other compensatory allowance of all categories of employees of the State Government, Local Bodies and aided institutions as well as work charge establishments. An additional term of reference was added for reviewing the existing retirement benefit of all categories. After carefully considering all the relevant factors the Government implemented the recommendations relating to revision of scales of pay w.e.f. Ist April, 1978. As regards the age of superannuation, the Government of Andhra Pradesh increased the age of superannuation to 58 years w.e.f. October 29, 1979. This increase in the age of superannuation could not be implemented retrospectively as it would have led to a lot of difficulties., but to compensate those who retired after April 1, 1978 and before October 29, 1979 the Government gave them benefits as under:
(1) The pension formula was increased from 33/80 to 30/60 for all those who retired between 1-4-1978 and 28-10-1979. This increase was specifically given as they would not have otherwise been entitled to the revised pension formula of 33/66 which had been applied only to such Government servants who retired after 29-10-1979.

(2) Formula for calculation of gratuity was increased to 1/3rd of emoluments for each completed six months period of qualifying service subject to a maximum of 20 months emoluments and limited to Rs. 30,000/-. Earlier the formula was 1/ 4th of pay for every six months service subject to a maximum of 161/2 times and emoluments limited to Rs. 30,000/-.

(3) The Family pension was increased to 30% of the last drawn pay without any maximum limit. Earlier the rates of Family pension were different for different ranges of pay, and the minimum was Rs. 60/- and maximum Rs. 250/-.

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