- (1.) He First respondent in this appeal was a member of the West Bengal Higher Judicial Service and retired as Chief Metropolitan Magistrate, Calcutta in February 1981. At that time, he was drawing pay in the super-time scale of Rs 2,500. 00-2,750. 00 plus admissible allowances. His pension was fixed in accordance with the rules at the maximum rate of Rs 1,225. 00 per month. His retirement gratuity was settled at Rs 30,000. 00.
(2.) According to Rule 91 of the West Bengal Service (Death-cum-Retirement Benefits) Rules, 1971, the rules applicable to members of All India Services shall apply mutatis mutandis to members of the West Bengal Higher Judicial Service. There is no dispute that the first respondent's pension was fixed in accordance therewith.
(3.) The Indian Administrative Service (Pay) Rules, 1954 was amended on the basis of the recommendation of the Fourth central Pay Commission as per government Order dated 13/3/1987. Thereby the previous single supertime selection grade applicable to the central government officers in the ranks of Joint Secretaries at Rs 2,500. 00-2,750. 00 was restructured into three categories: A. Rs 5,900. 00-200. 00-6,700. 00, B. Rs 7,300. 00-100. 00-7,600. 00, C. Rs 8,000. 00 (fixed) w. e. f. 1/1/1986. Consequential amendment was made in All India Services (Death-cum-Retirement Benefits) Rules, 1958 by a notification dated 22/5/1987 whereby the pension of persons retiring after 1/1/1986 was to be calculated at 50% of the basic pay in the restructured super-time scale with a ceiling on pension at Rs 4,500. 00 per month for all categories of pensioners. The benefit of the said amendment was available only to persons retiring after 1/1/1986. Insofar as persons who retired prior to 1/1/1986 are concerned, the government of India rationalised the pension structure by Office Memorandum No. 2/1/87-PIC-1 dated 16/4/1987 to implement the government decision on the recommendation of the Fourth central Pay Commission. The above memorandum classified the retirees before 1/1/1986 into A, B and C categories in pari materia with Tables I, II and III of the Fourth central Pay Commission report and provided dearness reliefs for them at the rate of 95%, 80% and 70% of their existing pensions respectively. In accordance with the said memorandum the first respondent's pension was refixed at Rs 2,355. 00 per month.;